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Queen’s Brothel Terms of Service and End User License Agreement
Last Updated January 5, 2021
General Information
Welcome to Queen’s Brothel! This Agreement governs your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. This Agreement is a legally binding agreement between you and Deep Games LLC. Read this Agreement carefully before using the Game and/or accessing the Website. By installing and/or playing the Game and/or accessing the Website, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.
We may amend this Agreement at any time by posting a revised version on the Website and/or within the Game’s settings menu Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Game and/or Website after the effective date constitutes your acceptance of the revised Agreement.
These Terms are, at all times, subject to Deep Games LLC’s Privacy Policy, as amended from time to time.
Definitions
"Account" means, (1) any individual free User account you create that you use to access the Services, and (2) any account paid for by the User through Patreon.
“Agreement” means these terms of service and end user license agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.
“Communication Services” means the in-Game “Emergency Meeting” chat tool and any other communication facilities that enable Users to communicate with one another
"Company" means Deep Games LLC. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
"Dispute" means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before this Agreement, and claims that may arise after the termination of this Agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Game” means the online computer game and mobile application known as Queen’s Brothel and any associated content, updates, upgrades, and features.
"Intellectual Property Rights" means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“License” means the limited license we grant to you for the purpose of accessing and playing the Game, as further described herein.
“Merchandise” means real-life tangible goods available for purchase on the Website.
"Notice" means a delivered writing by e-mail, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.
"Privacy Policy" means the Company policy regarding privacy, which also governs your use of the Game and the Website and is incorporated herein by reference.
"Protected Content" means all content, except for any User-Generated Content, included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Game and Website, the text, graphics, source code, sound recordings, musical composition, narrative, characters, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.
“Services” means the Game and the Website, together.
"User," "you" or "your" means any user or player of the Services, or any or owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
“User Generated Content” means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works, characters and character data, gameplay, scripts and programs, modes, animations, names, and any other content or materials created and integrated into the Game by any User.
“Website” means the online website “queensbrothel.com” including all sub-pages, sub-domains, and associated domains thereof.
2. License
The Services are licensed to you for your personal use and entertainment. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your non-commercial use, subject to your compliance with this Agreement. Except as provided in Section 4 below, you may not access, copy, modify or distribute the Game, unless expressly authorized by Company or permitted by applicable law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the Services, unless expressly authorized by Company or permitted by law. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights.
The License entitles you to install and use one copy of the Game on your machine or device. In addition, you may make one archival copy of the Game. The archival copy must be on a storage medium other than a hard drive, and may only be used for reinstallation of the Game. You may not use, copy, or install the Game on any system with more than one computer, or permit the use, copying, or installation of the Game by more than one user or on more than one computer. If you hold multiple, validly licensed copies of the Game, you may not use, copy, or install the Game on any system with more than the number of computers permitted by this License, or permit the use, copying, or installation by more users, or on more computers than the number permitted by this License.
You may only use or install multiple copies of the Game if you obtain an appropriate licensing agreement for each User and a separate, corresponding copy of the Game.
3. License Restrictions and Prohibited Conduct
You may not do any of the following with respect to the Services or any components thereof:
Use the Services commercially or for a promotional purpose, except as otherwise authorized herein or within. For clarity, in the event of a conflict between the terms and conditions of this Agreement or the terms and conditions of the Fan content policy this Agreement will control;
Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in this Agreement;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted this Agreement or by applicable law notwithstanding this limitation;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
Access any the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company including but not limited to the Game, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company, including but not limited to the Game;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Harvest or collect the email addresses or other contact information of other Users;
Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
4. Game Updates
The Game may download and install updates, upgrades, and additional features that Company deems reasonably necessary for your continued use and enjoyment of the Game. You acknowledge and agree that Company has no obligation to support previous version(s) of the Game upon the availability of an update, upgrade, or implementation of additional features. For the avoidance of doubt, this Agreement including, without limitation, the License shall equally apply to any such updates, upgrades, implementations, or additional features.
5. Children Under 18
By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement. If you are under 18 years old, you are expressly prohibited from using the
Services.
6. Account.
To use the Website, you may elect to set up an individual Account. All Accounts are subject to this Agreement. Each Account, requires a verified email address and includes a unique and complex password used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and password. Such security includes but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Website and/or where such password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your password or other Account credentials. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you. Without limitation of the foregoing, you hereby further acknowledge and agree that you are also subject to Patreon’s Terms of Use, a separate agreement between the User and Patreon. Company is not responsible for Patreon’s Terms of Use. If your Account is paid for by your Patreon contribution, your account may be terminated if you violate Patreon’s Terms of Use.
You may deactivate your Account at any time. To deactivate your Account, you may contact us at contact@queensbrothel.com You acknowledge and agree that deactivating your Account will not delete any information associated with such Account and Company may retain such information, for the reasons and for the length of time set forth in the Privacy Policy and as permitted by applicable law.
7. Electronic Communication
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
8. User Generated Content
Any messages Users place via the Communications Services or any other materials Users upload or distribute via the Services will be considered User Generated Content. By creating any User Generated Content, you hereby grant Company a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part, including within the Game and for any commercial, promotional, publicity, and marketing purposes.
You hereby represent that any User Generated Content you create is wholly original and you own all right, title, and interest to such User Generated Content or otherwise have the legal right and authority to integrate such User Generated Content into the Game and grant the license to Company as described herein. You further warrant that Company or any third party’s authorized use or exploitation of the User Generated Content, will not violate any third-party rights including, without limitation, any copyright, trademarks or other intellectual property rights, privacy rights, or statutory or common law rights of publicity in any jurisdiction.
Company reserves the right to remove any User Generated Content that does not comply with the Agreement. Company may also remove User Generated Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Company may remove the following:
User Generated Content that harasses, defames, or disparages any individual including any harassing or pejorative comments based on any individual’s sex, sexual orientation, sexual preference, transgender status, gender identity, race, ethnicity, religion, or other protected class; or
User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose.
You acknowledge and agree that a violation of this Section 10 will constitute a material breach of this Agreement and if Company discovers you violated the Section it may, in its sole discretion, revoke your access to the Game at any time without Notice or refund.
9. Intellectual Property Ownership
All Protected Content is the property of Company or its third-party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in this Agreement, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, this Agreement do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third-party.
The Game may include certain components provided by Company’s licensors. A list of credits and notices for third-party components may be found in the Game.
10. Service Availability and Termination
You acknowledge and agree that:
Company has the discretion to immediately terminate or restrict access to the Services including, without limitation, any portion of the Game, at any time, for any reason, without Notice and without liability to you;
Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
The Services may not be offered in all countries or geographic locations.
11. Use of Communications Services
You agree to use the Communications Services only to post, send, and receive written communications that are proper and related to the Services. Materials uploaded to a Communication Service may be subject to posted limitations on usage, content, reproduction and/or dissemination. You acknowledge and agree that materials you upload to a Communication Service shall be deemed User Generated Content.
YOU MAY NOT UPLOAD ANY PHOTOGRAPHS, PICTURES OF DOCUMENTS, PDFS, OR OTHER DOCUMENTS TO THE COMMUNICATION SERVICES. You are responsible for adhering to any limitations on your use of the Communications Services set forth herein and Company reserves the right to terminate your access to any or all the Communications Services at any time, without Notice, for any reason whatsoever.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review any and all materials uploaded to a Communication Service and to remove any materials in its sole discretion.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.
12. Company Disclaimer and Limitation of Liability and Remedies
COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION. Company has no control over the conduct of, or any information provided by any User, including any information provided by User directly to any Payment Processor and Company hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing any Merchandise, in-Game items, or any other good or service, whether virtual or tangible, offered by the Services, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF FORESEEABILITY AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUDNER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.
13. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable License to access and use the Services, strictly in accordance with this Agreement. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. Further, you agree that you will comply with this Agreement and will not:
Use the Services in any manner which could damage, disable, overburden, or impair the Game, Game servers, Website, Website servers, or otherwise interfere with any other party's use and enjoyment of the Services;
Post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) whether real or simulated;
Post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
Post any Content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech, (either orally or via the written word);
Post any Content that contains falsehoods or misrepresentations that could damage the Websites or any third party;
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent; and
Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose.
Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.
14. Representations and Warranties
You hereby represent and warrant that i) you are not prohibited from receiving or using any aspect of the Services under applicable laws and ii) Company has not previously disabled your Account or your access to the Services for a violation of the law or this Agreement or other applicable agreements, terms of use, or contracts.
15. Links to Third Party Sites
The Services may contain links to third party websites. The third party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
16. Device and Internet Connection
Use and Access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
17. International Users
The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
18. Release
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
19. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.
20. Dispute Resolution
In the event the parties are not able to resolve any Dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted in Seattle, Washington before a single neutral arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator will follow Washington law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of this Agreement, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The parties will initially share the cost of such arbitration, provided that the prevailing party will be entitled to all fees and costs associated with arbitration (or enforcement of an award therefrom), including, but not limited to, reasonable attorney's fees, from the other party upon completion of the arbitration or subsequent enforcement action.
The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in Seattle, Washington.
21. Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
22. Termination and Access Restriction
Company reserves the right to terminate your access to the Services, including the Game, or any portion thereof at any time, without Notice, for any reason including, without limitation, a breach of this Agreement. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section.
23. Severability
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
24. Miscellaneous
Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
This Agreement constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of this Agreement and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
This Agreement is non-transferable, and you may not assign your rights and obligations under this Agreement without the express written consent of Company.
You hereby consent to the jurisdiction of the State of Washington and agree that its laws will be used to resolve all disputes arising from or concerning this Agreement.
25. Contact
If you have any questions regarding your use of the Services or compliance with this Agreement, please contact us at contact@queensbrothel.com.Queen’s Brothel Terms of Service and End User License Agreement
Last Updated January 5, 2021
General Information
Welcome to Queen’s Brothel! This Agreement governs your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. This Agreement is a legally binding agreement between you and Deep Games LLC. Read this Agreement carefully before using the Game and/or accessing the Website. By installing and/or playing the Game and/or accessing the Website, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.
We may amend this Agreement at any time by posting a revised version on the Website and/or within the Game’s settings menu Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Game and/or Website after the effective date constitutes your acceptance of the revised Agreement.
These Terms are, at all times, subject to Deep Games LLC’s Privacy Policy, as amended from time to time.
Definitions
"Account" means, (1) any individual free User account you create that you use to access the Services, and (2) any account paid for by the User through Patreon.
“Agreement” means these terms of service and end user license agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.
“Communication Services” means the in-Game “Emergency Meeting” chat tool and any other communication facilities that enable Users to communicate with one another
"Company" means Deep Games LLC. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
"Dispute" means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before this Agreement, and claims that may arise after the termination of this Agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Game” means the online computer game and mobile application known as Queen’s Brothel and any associated content, updates, upgrades, and features.
"Intellectual Property Rights" means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“License” means the limited license we grant to you for the purpose of accessing and playing the Game, as further described herein.
“Merchandise” means real-life tangible goods available for purchase on the Website.
"Notice" means a delivered writing by e-mail, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.
"Privacy Policy" means the Company policy regarding privacy, which also governs your use of the Game and the Website and is incorporated herein by reference.
"Protected Content" means all content, except for any User-Generated Content, included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Game and Website, the text, graphics, source code, sound recordings, musical composition, narrative, characters, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.
“Services” means the Game and the Website, together.
"User," "you" or "your" means any user or player of the Services, or any or owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
“User Generated Content” means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works, characters and character data, gameplay, scripts and programs, modes, animations, names, and any other content or materials created and integrated into the Game by any User.
“Website” means the online website “queensbrothel.com” including all sub-pages, sub-domains, and associated domains thereof.
2. License
The Services are licensed to you for your personal use and entertainment. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your non-commercial use, subject to your compliance with this Agreement. Except as provided in Section 4 below, you may not access, copy, modify or distribute the Game, unless expressly authorized by Company or permitted by applicable law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the Services, unless expressly authorized by Company or permitted by law. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights.
The License entitles you to install and use one copy of the Game on your machine or device. In addition, you may make one archival copy of the Game. The archival copy must be on a storage medium other than a hard drive, and may only be used for reinstallation of the Game. You may not use, copy, or install the Game on any system with more than one computer, or permit the use, copying, or installation of the Game by more than one user or on more than one computer. If you hold multiple, validly licensed copies of the Game, you may not use, copy, or install the Game on any system with more than the number of computers permitted by this License, or permit the use, copying, or installation by more users, or on more computers than the number permitted by this License.
You may only use or install multiple copies of the Game if you obtain an appropriate licensing agreement for each User and a separate, corresponding copy of the Game.
3. License Restrictions and Prohibited Conduct
You may not do any of the following with respect to the Services or any components thereof:
Use the Services commercially or for a promotional purpose, except as otherwise authorized herein or within. For clarity, in the event of a conflict between the terms and conditions of this Agreement or the terms and conditions of the Fan content policy this Agreement will control;
Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in this Agreement;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted this Agreement or by applicable law notwithstanding this limitation;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
Access any the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company including but not limited to the Game, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company, including but not limited to the Game;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Harvest or collect the email addresses or other contact information of other Users;
Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
4. Game Updates
The Game may download and install updates, upgrades, and additional features that Company deems reasonably necessary for your continued use and enjoyment of the Game. You acknowledge and agree that Company has no obligation to support previous version(s) of the Game upon the availability of an update, upgrade, or implementation of additional features. For the avoidance of doubt, this Agreement including, without limitation, the License shall equally apply to any such updates, upgrades, implementations, or additional features.
5. Children Under 18
By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement. If you are under 18 years old, you are expressly prohibited from using the
Services.
6. Account.
To use the Website, you may elect to set up an individual Account. All Accounts are subject to this Agreement. Each Account, requires a verified email address and includes a unique and complex password used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and password. Such security includes but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Website and/or where such password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your password or other Account credentials. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you. Without limitation of the foregoing, you hereby further acknowledge and agree that you are also subject to Patreon’s Terms of Use, a separate agreement between the User and Patreon. Company is not responsible for Patreon’s Terms of Use. If your Account is paid for by your Patreon contribution, your account may be terminated if you violate Patreon’s Terms of Use.
You may deactivate your Account at any time. To deactivate your Account, you may contact us at contact@queensbrothel.com You acknowledge and agree that deactivating your Account will not delete any information associated with such Account and Company may retain such information, for the reasons and for the length of time set forth in the Privacy Policy and as permitted by applicable law.
7. Electronic Communication
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
8. User Generated Content
Any messages Users place via the Communications Services or any other materials Users upload or distribute via the Services will be considered User Generated Content. By creating any User Generated Content, you hereby grant Company a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part, including within the Game and for any commercial, promotional, publicity, and marketing purposes.
You hereby represent that any User Generated Content you create is wholly original and you own all right, title, and interest to such User Generated Content or otherwise have the legal right and authority to integrate such User Generated Content into the Game and grant the license to Company as described herein. You further warrant that Company or any third party’s authorized use or exploitation of the User Generated Content, will not violate any third-party rights including, without limitation, any copyright, trademarks or other intellectual property rights, privacy rights, or statutory or common law rights of publicity in any jurisdiction.
Company reserves the right to remove any User Generated Content that does not comply with the Agreement. Company may also remove User Generated Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Company may remove the following:
User Generated Content that harasses, defames, or disparages any individual including any harassing or pejorative comments based on any individual’s sex, sexual orientation, sexual preference, transgender status, gender identity, race, ethnicity, religion, or other protected class; or
User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose.
You acknowledge and agree that a violation of this Section 10 will constitute a material breach of this Agreement and if Company discovers you violated the Section it may, in its sole discretion, revoke your access to the Game at any time without Notice or refund.
9. Intellectual Property Ownership
All Protected Content is the property of Company or its third-party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in this Agreement, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, this Agreement do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third-party.
The Game may include certain components provided by Company’s licensors. A list of credits and notices for third-party components may be found in the Game.
10. Service Availability and Termination
You acknowledge and agree that:
Company has the discretion to immediately terminate or restrict access to the Services including, without limitation, any portion of the Game, at any time, for any reason, without Notice and without liability to you;
Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
The Services may not be offered in all countries or geographic locations.
11. Use of Communications Services
You agree to use the Communications Services only to post, send, and receive written communications that are proper and related to the Services. Materials uploaded to a Communication Service may be subject to posted limitations on usage, content, reproduction and/or dissemination. You acknowledge and agree that materials you upload to a Communication Service shall be deemed User Generated Content.
YOU MAY NOT UPLOAD ANY PHOTOGRAPHS, PICTURES OF DOCUMENTS, PDFS, OR OTHER DOCUMENTS TO THE COMMUNICATION SERVICES. You are responsible for adhering to any limitations on your use of the Communications Services set forth herein and Company reserves the right to terminate your access to any or all the Communications Services at any time, without Notice, for any reason whatsoever.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review any and all materials uploaded to a Communication Service and to remove any materials in its sole discretion.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.
12. Company Disclaimer and Limitation of Liability and Remedies
COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION. Company has no control over the conduct of, or any information provided by any User, including any information provided by User directly to any Payment Processor and Company hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing any Merchandise, in-Game items, or any other good or service, whether virtual or tangible, offered by the Services, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF FORESEEABILITY AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUDNER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.
13. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable License to access and use the Services, strictly in accordance with this Agreement. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. Further, you agree that you will comply with this Agreement and will not:
Use the Services in any manner which could damage, disable, overburden, or impair the Game, Game servers, Website, Website servers, or otherwise interfere with any other party's use and enjoyment of the Services;
Post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) whether real or simulated;
Post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
Post any Content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech, (either orally or via the written word);
Post any Content that contains falsehoods or misrepresentations that could damage the Websites or any third party;
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent; and
Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose.
Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.
14. Representations and Warranties
You hereby represent and warrant that i) you are not prohibited from receiving or using any aspect of the Services under applicable laws and ii) Company has not previously disabled your Account or your access to the Services for a violation of the law or this Agreement or other applicable agreements, terms of use, or contracts.
15. Links to Third Party Sites
The Services may contain links to third party websites. The third party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
16. Device and Internet Connection
Use and Access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
17. International Users
The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
18. Release
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
19. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.
20. Dispute Resolution
In the event the parties are not able to resolve any Dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted in Seattle, Washington before a single neutral arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator will follow Washington law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of this Agreement, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The parties will initially share the cost of such arbitration, provided that the prevailing party will be entitled to all fees and costs associated with arbitration (or enforcement of an award therefrom), including, but not limited to, reasonable attorney's fees, from the other party upon completion of the arbitration or subsequent enforcement action.
The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in Seattle, Washington.
21. Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
22. Termination and Access Restriction
Company reserves the right to terminate your access to the Services, including the Game, or any portion thereof at any time, without Notice, for any reason including, without limitation, a breach of this Agreement. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section.
23. Severability
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
24. Miscellaneous
Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
This Agreement constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of this Agreement and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
This Agreement is non-transferable, and you may not assign your rights and obligations under this Agreement without the express written consent of Company.
You hereby consent to the jurisdiction of the State of Washington and agree that its laws will be used to resolve all disputes arising from or concerning this Agreement.
25. Contact
If you have any questions regarding your use of the Services or compliance with this Agreement, please contact us at contact@queensbrothel.com.
Last Updated January 5, 2021
General Information
Welcome to Queen’s Brothel! This Agreement governs your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. This Agreement is a legally binding agreement between you and Deep Games LLC. Read this Agreement carefully before using the Game and/or accessing the Website. By installing and/or playing the Game and/or accessing the Website, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.
We may amend this Agreement at any time by posting a revised version on the Website and/or within the Game’s settings menu Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Game and/or Website after the effective date constitutes your acceptance of the revised Agreement.
These Terms are, at all times, subject to Deep Games LLC’s Privacy Policy, as amended from time to time.
Definitions
"Account" means, (1) any individual free User account you create that you use to access the Services, and (2) any account paid for by the User through Patreon.
“Agreement” means these terms of service and end user license agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.
“Communication Services” means the in-Game “Emergency Meeting” chat tool and any other communication facilities that enable Users to communicate with one another
"Company" means Deep Games LLC. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
"Dispute" means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before this Agreement, and claims that may arise after the termination of this Agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Game” means the online computer game and mobile application known as Queen’s Brothel and any associated content, updates, upgrades, and features.
"Intellectual Property Rights" means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“License” means the limited license we grant to you for the purpose of accessing and playing the Game, as further described herein.
“Merchandise” means real-life tangible goods available for purchase on the Website.
"Notice" means a delivered writing by e-mail, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.
"Privacy Policy" means the Company policy regarding privacy, which also governs your use of the Game and the Website and is incorporated herein by reference.
"Protected Content" means all content, except for any User-Generated Content, included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Game and Website, the text, graphics, source code, sound recordings, musical composition, narrative, characters, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.
“Services” means the Game and the Website, together.
"User," "you" or "your" means any user or player of the Services, or any or owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
“User Generated Content” means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works, characters and character data, gameplay, scripts and programs, modes, animations, names, and any other content or materials created and integrated into the Game by any User.
“Website” means the online website “queensbrothel.com” including all sub-pages, sub-domains, and associated domains thereof.
2. License
The Services are licensed to you for your personal use and entertainment. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your non-commercial use, subject to your compliance with this Agreement. Except as provided in Section 4 below, you may not access, copy, modify or distribute the Game, unless expressly authorized by Company or permitted by applicable law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the Services, unless expressly authorized by Company or permitted by law. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights.
The License entitles you to install and use one copy of the Game on your machine or device. In addition, you may make one archival copy of the Game. The archival copy must be on a storage medium other than a hard drive, and may only be used for reinstallation of the Game. You may not use, copy, or install the Game on any system with more than one computer, or permit the use, copying, or installation of the Game by more than one user or on more than one computer. If you hold multiple, validly licensed copies of the Game, you may not use, copy, or install the Game on any system with more than the number of computers permitted by this License, or permit the use, copying, or installation by more users, or on more computers than the number permitted by this License.
You may only use or install multiple copies of the Game if you obtain an appropriate licensing agreement for each User and a separate, corresponding copy of the Game.
3. License Restrictions and Prohibited Conduct
You may not do any of the following with respect to the Services or any components thereof:
Use the Services commercially or for a promotional purpose, except as otherwise authorized herein or within. For clarity, in the event of a conflict between the terms and conditions of this Agreement or the terms and conditions of the Fan content policy this Agreement will control;
Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in this Agreement;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted this Agreement or by applicable law notwithstanding this limitation;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
Access any the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company including but not limited to the Game, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company, including but not limited to the Game;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Harvest or collect the email addresses or other contact information of other Users;
Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
4. Game Updates
The Game may download and install updates, upgrades, and additional features that Company deems reasonably necessary for your continued use and enjoyment of the Game. You acknowledge and agree that Company has no obligation to support previous version(s) of the Game upon the availability of an update, upgrade, or implementation of additional features. For the avoidance of doubt, this Agreement including, without limitation, the License shall equally apply to any such updates, upgrades, implementations, or additional features.
5. Children Under 18
By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement. If you are under 18 years old, you are expressly prohibited from using the
Services.
6. Account.
To use the Website, you may elect to set up an individual Account. All Accounts are subject to this Agreement. Each Account, requires a verified email address and includes a unique and complex password used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and password. Such security includes but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Website and/or where such password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your password or other Account credentials. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you. Without limitation of the foregoing, you hereby further acknowledge and agree that you are also subject to Patreon’s Terms of Use, a separate agreement between the User and Patreon. Company is not responsible for Patreon’s Terms of Use. If your Account is paid for by your Patreon contribution, your account may be terminated if you violate Patreon’s Terms of Use.
You may deactivate your Account at any time. To deactivate your Account, you may contact us at contact@queensbrothel.com You acknowledge and agree that deactivating your Account will not delete any information associated with such Account and Company may retain such information, for the reasons and for the length of time set forth in the Privacy Policy and as permitted by applicable law.
7. Electronic Communication
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
8. User Generated Content
Any messages Users place via the Communications Services or any other materials Users upload or distribute via the Services will be considered User Generated Content. By creating any User Generated Content, you hereby grant Company a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part, including within the Game and for any commercial, promotional, publicity, and marketing purposes.
You hereby represent that any User Generated Content you create is wholly original and you own all right, title, and interest to such User Generated Content or otherwise have the legal right and authority to integrate such User Generated Content into the Game and grant the license to Company as described herein. You further warrant that Company or any third party’s authorized use or exploitation of the User Generated Content, will not violate any third-party rights including, without limitation, any copyright, trademarks or other intellectual property rights, privacy rights, or statutory or common law rights of publicity in any jurisdiction.
Company reserves the right to remove any User Generated Content that does not comply with the Agreement. Company may also remove User Generated Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Company may remove the following:
User Generated Content that harasses, defames, or disparages any individual including any harassing or pejorative comments based on any individual’s sex, sexual orientation, sexual preference, transgender status, gender identity, race, ethnicity, religion, or other protected class; or
User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose.
You acknowledge and agree that a violation of this Section 10 will constitute a material breach of this Agreement and if Company discovers you violated the Section it may, in its sole discretion, revoke your access to the Game at any time without Notice or refund.
9. Intellectual Property Ownership
All Protected Content is the property of Company or its third-party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in this Agreement, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, this Agreement do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third-party.
The Game may include certain components provided by Company’s licensors. A list of credits and notices for third-party components may be found in the Game.
10. Service Availability and Termination
You acknowledge and agree that:
Company has the discretion to immediately terminate or restrict access to the Services including, without limitation, any portion of the Game, at any time, for any reason, without Notice and without liability to you;
Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
The Services may not be offered in all countries or geographic locations.
11. Use of Communications Services
You agree to use the Communications Services only to post, send, and receive written communications that are proper and related to the Services. Materials uploaded to a Communication Service may be subject to posted limitations on usage, content, reproduction and/or dissemination. You acknowledge and agree that materials you upload to a Communication Service shall be deemed User Generated Content.
YOU MAY NOT UPLOAD ANY PHOTOGRAPHS, PICTURES OF DOCUMENTS, PDFS, OR OTHER DOCUMENTS TO THE COMMUNICATION SERVICES. You are responsible for adhering to any limitations on your use of the Communications Services set forth herein and Company reserves the right to terminate your access to any or all the Communications Services at any time, without Notice, for any reason whatsoever.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review any and all materials uploaded to a Communication Service and to remove any materials in its sole discretion.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.
12. Company Disclaimer and Limitation of Liability and Remedies
COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION. Company has no control over the conduct of, or any information provided by any User, including any information provided by User directly to any Payment Processor and Company hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing any Merchandise, in-Game items, or any other good or service, whether virtual or tangible, offered by the Services, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF FORESEEABILITY AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUDNER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.
13. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable License to access and use the Services, strictly in accordance with this Agreement. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. Further, you agree that you will comply with this Agreement and will not:
Use the Services in any manner which could damage, disable, overburden, or impair the Game, Game servers, Website, Website servers, or otherwise interfere with any other party's use and enjoyment of the Services;
Post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) whether real or simulated;
Post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
Post any Content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech, (either orally or via the written word);
Post any Content that contains falsehoods or misrepresentations that could damage the Websites or any third party;
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent; and
Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose.
Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.
14. Representations and Warranties
You hereby represent and warrant that i) you are not prohibited from receiving or using any aspect of the Services under applicable laws and ii) Company has not previously disabled your Account or your access to the Services for a violation of the law or this Agreement or other applicable agreements, terms of use, or contracts.
15. Links to Third Party Sites
The Services may contain links to third party websites. The third party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
16. Device and Internet Connection
Use and Access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
17. International Users
The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
18. Release
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
19. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.
20. Dispute Resolution
In the event the parties are not able to resolve any Dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted in Seattle, Washington before a single neutral arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator will follow Washington law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of this Agreement, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The parties will initially share the cost of such arbitration, provided that the prevailing party will be entitled to all fees and costs associated with arbitration (or enforcement of an award therefrom), including, but not limited to, reasonable attorney's fees, from the other party upon completion of the arbitration or subsequent enforcement action.
The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in Seattle, Washington.
21. Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
22. Termination and Access Restriction
Company reserves the right to terminate your access to the Services, including the Game, or any portion thereof at any time, without Notice, for any reason including, without limitation, a breach of this Agreement. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section.
23. Severability
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
24. Miscellaneous
Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
This Agreement constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of this Agreement and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
This Agreement is non-transferable, and you may not assign your rights and obligations under this Agreement without the express written consent of Company.
You hereby consent to the jurisdiction of the State of Washington and agree that its laws will be used to resolve all disputes arising from or concerning this Agreement.
25. Contact
If you have any questions regarding your use of the Services or compliance with this Agreement, please contact us at contact@queensbrothel.com.Queen’s Brothel Terms of Service and End User License Agreement
Last Updated January 5, 2021
General Information
Welcome to Queen’s Brothel! This Agreement governs your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. This Agreement is a legally binding agreement between you and Deep Games LLC. Read this Agreement carefully before using the Game and/or accessing the Website. By installing and/or playing the Game and/or accessing the Website, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.
We may amend this Agreement at any time by posting a revised version on the Website and/or within the Game’s settings menu Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Game and/or Website after the effective date constitutes your acceptance of the revised Agreement.
These Terms are, at all times, subject to Deep Games LLC’s Privacy Policy, as amended from time to time.
Definitions
"Account" means, (1) any individual free User account you create that you use to access the Services, and (2) any account paid for by the User through Patreon.
“Agreement” means these terms of service and end user license agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.
“Communication Services” means the in-Game “Emergency Meeting” chat tool and any other communication facilities that enable Users to communicate with one another
"Company" means Deep Games LLC. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
"Dispute" means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before this Agreement, and claims that may arise after the termination of this Agreement; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Game” means the online computer game and mobile application known as Queen’s Brothel and any associated content, updates, upgrades, and features.
"Intellectual Property Rights" means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“License” means the limited license we grant to you for the purpose of accessing and playing the Game, as further described herein.
“Merchandise” means real-life tangible goods available for purchase on the Website.
"Notice" means a delivered writing by e-mail, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.
"Privacy Policy" means the Company policy regarding privacy, which also governs your use of the Game and the Website and is incorporated herein by reference.
"Protected Content" means all content, except for any User-Generated Content, included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Game and Website, the text, graphics, source code, sound recordings, musical composition, narrative, characters, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.
“Services” means the Game and the Website, together.
"User," "you" or "your" means any user or player of the Services, or any or owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
“User Generated Content” means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works, characters and character data, gameplay, scripts and programs, modes, animations, names, and any other content or materials created and integrated into the Game by any User.
“Website” means the online website “queensbrothel.com” including all sub-pages, sub-domains, and associated domains thereof.
2. License
The Services are licensed to you for your personal use and entertainment. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your non-commercial use, subject to your compliance with this Agreement. Except as provided in Section 4 below, you may not access, copy, modify or distribute the Game, unless expressly authorized by Company or permitted by applicable law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the Services, unless expressly authorized by Company or permitted by law. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights.
The License entitles you to install and use one copy of the Game on your machine or device. In addition, you may make one archival copy of the Game. The archival copy must be on a storage medium other than a hard drive, and may only be used for reinstallation of the Game. You may not use, copy, or install the Game on any system with more than one computer, or permit the use, copying, or installation of the Game by more than one user or on more than one computer. If you hold multiple, validly licensed copies of the Game, you may not use, copy, or install the Game on any system with more than the number of computers permitted by this License, or permit the use, copying, or installation by more users, or on more computers than the number permitted by this License.
You may only use or install multiple copies of the Game if you obtain an appropriate licensing agreement for each User and a separate, corresponding copy of the Game.
3. License Restrictions and Prohibited Conduct
You may not do any of the following with respect to the Services or any components thereof:
Use the Services commercially or for a promotional purpose, except as otherwise authorized herein or within. For clarity, in the event of a conflict between the terms and conditions of this Agreement or the terms and conditions of the Fan content policy this Agreement will control;
Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in this Agreement;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted this Agreement or by applicable law notwithstanding this limitation;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
Access any the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company including but not limited to the Game, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company, including but not limited to the Game;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Harvest or collect the email addresses or other contact information of other Users;
Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
4. Game Updates
The Game may download and install updates, upgrades, and additional features that Company deems reasonably necessary for your continued use and enjoyment of the Game. You acknowledge and agree that Company has no obligation to support previous version(s) of the Game upon the availability of an update, upgrade, or implementation of additional features. For the avoidance of doubt, this Agreement including, without limitation, the License shall equally apply to any such updates, upgrades, implementations, or additional features.
5. Children Under 18
By using the Services, you warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement. If you are under 18 years old, you are expressly prohibited from using the
Services.
6. Account.
To use the Website, you may elect to set up an individual Account. All Accounts are subject to this Agreement. Each Account, requires a verified email address and includes a unique and complex password used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and password. Such security includes but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Website and/or where such password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your password or other Account credentials. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you. Without limitation of the foregoing, you hereby further acknowledge and agree that you are also subject to Patreon’s Terms of Use, a separate agreement between the User and Patreon. Company is not responsible for Patreon’s Terms of Use. If your Account is paid for by your Patreon contribution, your account may be terminated if you violate Patreon’s Terms of Use.
You may deactivate your Account at any time. To deactivate your Account, you may contact us at contact@queensbrothel.com You acknowledge and agree that deactivating your Account will not delete any information associated with such Account and Company may retain such information, for the reasons and for the length of time set forth in the Privacy Policy and as permitted by applicable law.
7. Electronic Communication
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
8. User Generated Content
Any messages Users place via the Communications Services or any other materials Users upload or distribute via the Services will be considered User Generated Content. By creating any User Generated Content, you hereby grant Company a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part, including within the Game and for any commercial, promotional, publicity, and marketing purposes.
You hereby represent that any User Generated Content you create is wholly original and you own all right, title, and interest to such User Generated Content or otherwise have the legal right and authority to integrate such User Generated Content into the Game and grant the license to Company as described herein. You further warrant that Company or any third party’s authorized use or exploitation of the User Generated Content, will not violate any third-party rights including, without limitation, any copyright, trademarks or other intellectual property rights, privacy rights, or statutory or common law rights of publicity in any jurisdiction.
Company reserves the right to remove any User Generated Content that does not comply with the Agreement. Company may also remove User Generated Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Company may remove the following:
User Generated Content that harasses, defames, or disparages any individual including any harassing or pejorative comments based on any individual’s sex, sexual orientation, sexual preference, transgender status, gender identity, race, ethnicity, religion, or other protected class; or
User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose.
You acknowledge and agree that a violation of this Section 10 will constitute a material breach of this Agreement and if Company discovers you violated the Section it may, in its sole discretion, revoke your access to the Game at any time without Notice or refund.
9. Intellectual Property Ownership
All Protected Content is the property of Company or its third-party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in this Agreement, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, this Agreement do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third-party.
The Game may include certain components provided by Company’s licensors. A list of credits and notices for third-party components may be found in the Game.
10. Service Availability and Termination
You acknowledge and agree that:
Company has the discretion to immediately terminate or restrict access to the Services including, without limitation, any portion of the Game, at any time, for any reason, without Notice and without liability to you;
Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
The Services may not be offered in all countries or geographic locations.
11. Use of Communications Services
You agree to use the Communications Services only to post, send, and receive written communications that are proper and related to the Services. Materials uploaded to a Communication Service may be subject to posted limitations on usage, content, reproduction and/or dissemination. You acknowledge and agree that materials you upload to a Communication Service shall be deemed User Generated Content.
YOU MAY NOT UPLOAD ANY PHOTOGRAPHS, PICTURES OF DOCUMENTS, PDFS, OR OTHER DOCUMENTS TO THE COMMUNICATION SERVICES. You are responsible for adhering to any limitations on your use of the Communications Services set forth herein and Company reserves the right to terminate your access to any or all the Communications Services at any time, without Notice, for any reason whatsoever.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review any and all materials uploaded to a Communication Service and to remove any materials in its sole discretion.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.
12. Company Disclaimer and Limitation of Liability and Remedies
COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION. Company has no control over the conduct of, or any information provided by any User, including any information provided by User directly to any Payment Processor and Company hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing any Merchandise, in-Game items, or any other good or service, whether virtual or tangible, offered by the Services, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF FORESEEABILITY AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUDNER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.
13. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable License to access and use the Services, strictly in accordance with this Agreement. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. Further, you agree that you will comply with this Agreement and will not:
Use the Services in any manner which could damage, disable, overburden, or impair the Game, Game servers, Website, Website servers, or otherwise interfere with any other party's use and enjoyment of the Services;
Post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) whether real or simulated;
Post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
Post any Content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech, (either orally or via the written word);
Post any Content that contains falsehoods or misrepresentations that could damage the Websites or any third party;
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent; and
Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose.
Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.
14. Representations and Warranties
You hereby represent and warrant that i) you are not prohibited from receiving or using any aspect of the Services under applicable laws and ii) Company has not previously disabled your Account or your access to the Services for a violation of the law or this Agreement or other applicable agreements, terms of use, or contracts.
15. Links to Third Party Sites
The Services may contain links to third party websites. The third party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.
16. Device and Internet Connection
Use and Access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
17. International Users
The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
18. Release
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
19. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third-party.
20. Dispute Resolution
In the event the parties are not able to resolve any Dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted in Seattle, Washington before a single neutral arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator will follow Washington law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of this Agreement, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The parties will initially share the cost of such arbitration, provided that the prevailing party will be entitled to all fees and costs associated with arbitration (or enforcement of an award therefrom), including, but not limited to, reasonable attorney's fees, from the other party upon completion of the arbitration or subsequent enforcement action.
The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in Seattle, Washington.
21. Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
22. Termination and Access Restriction
Company reserves the right to terminate your access to the Services, including the Game, or any portion thereof at any time, without Notice, for any reason including, without limitation, a breach of this Agreement. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section.
23. Severability
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
24. Miscellaneous
Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
This Agreement constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of this Agreement and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
This Agreement is non-transferable, and you may not assign your rights and obligations under this Agreement without the express written consent of Company.
You hereby consent to the jurisdiction of the State of Washington and agree that its laws will be used to resolve all disputes arising from or concerning this Agreement.
25. Contact
If you have any questions regarding your use of the Services or compliance with this Agreement, please contact us at contact@queensbrothel.com.