Last Updated and Effective Date: May 29, 2018
Please read this Agreement carefully before accessing or using the websites. By accessing or using any part of the websites, you agree to be bound by all the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the websites. If these terms and conditions are considered an offer by Ascension Entertainment LLC, acceptance is expressly limited to these terms.
1) Disclaimer of Warranties. The Websites are provided as is. Ascension Entertainment LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Ascension Entertainment LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
2) Limitation of Liability. In no event will Ascension Entertainment LLC, or its sponsors, advertisers, suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ascension Entertainment LLC under this agreement during the twelve (12) month period prior to the cause of action. Ascension Entertainment LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
4) Indemnification. You agree to indemnify and hold harmless Ascension Entertainment LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, voice server, including but not limited to out of your violation this Agreement.
5) Miscellaneous. This Agreement constitutes the entire agreement between Ascension Entertainment LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Ascension Entertainment LLC, or by the posting by Ascension Entertainment LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website and/or game servers will be governed by the laws of the state of Texas, United States., and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Fort Worth, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in Fort Worth, Texas. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ascension Entertainment LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.