Terms of Service
**IMPORTANT READ CAREFULLY: YOU MUST READ THIS END USER LICENSE AGREEMENT BEFORE USING THE GAME (AS HEREINAFTER DEFINED) OR ANY ELEMENTS THEREOF BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE. THIS IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL) AND EveronWorlds.
This End User License Agreement (this Agreement) is a legal and
binding agreement between You (an individual) (You or where
applicable Your) the end user, and EveronWorlds, (EveronWorlds,
together, with its affiliates and licensors, collectively referred to
herein as EveronWorlds). This interactive, software video game entitled
(Temporary Title: EWFps Online) and any files that are delivered
to You (via download, DVD, CD or otherwise) by or on behalf of
EveronWorlds to fix, patch, update or otherwise modify the software program
(the Software) and any printed materials, or online or electronic
documentation (the Manual), and all copies and derivative works
of the Software or the Manual and the Game play software residing on
EveronWorlds servers (collectively, the Game) are the copyrighted work
of EveronWorlds. The Game is protected by intellectual property and copyright
laws and treaties.
The Game is distributed and/or made available solely for use by
authorized end users according to the terms of this Agreement. Any
reproduction, modification, distribution or other use of the Game or any
element thereof not expressly authorized by the terms of this Agreement
is expressly prohibited. In order for You to play the Game, You must
first obtain access to EveronWorlds’s multiplayer online games service
(the Service), which is subject to a separate Terms & Conditions
agreement (the Terms & Conditions). (The Terms & Conditions
also govern Your access to the Service during any free access period
that may have been included with your Software.) Any and all uses of
the Game are governed by the terms of this Agreement and the
Terms & Conditions.
Grant of Limited, Non-Exclusive License
As a condition precedent to EveronWorlds licensing to You the right
to install and otherwise use the Software onto Your computer or game
device, You must accept and agree to be bound by the terms and conditions
of this Agreement. The Software will enable You to play the Game by
accessing Your account with the Service (the Account). Subject to
Your agreement to and continuing compliance with this Agreement and
the Terms & Conditions, EveronWorlds hereby grants to You, and You
hereby accept, a limited, non-exclusive license to (a) install the
Software on one or more computers or game devices owned by You or
under Your legitimate and exclusive control, and (b) use the Software
for Game play exclusively in conjunction with the Service for
non-commercial entertainment purposes only. All use of the Software
is subject to this Agreement and to the Terms & Conditions, both of
which must be accepted before the Game or any element thereof can be
played or otherwise used.
This Game is not rated by a software ratings board and is played online
over the Internet through the Service as provided by EveronWorlds.
You understand and agree that (i) EveronWorlds does not provide
Internet access and You are responsible for obtaining such access
and all costs and fees associated with your Internet connection;
and (ii) the Service is provided by EveronWorlds at its sole and
absolute discretion and may be terminated or otherwise discontinued by
EveronWorlds at any time and from time to time without notice pursuant
to the Terms & Conditions and neither EveronWorlds nor any of its
contractors will incur any liability to You as a result of such
termination. You must accept the Terms & Conditions and our Privacy
Policy in order to access the Service to play or otherwise use the Game
or any element thereof. The Terms & Conditions governs all aspects of
Game play and may be viewed at the following website:
http://www.everonworlds.com. If You do not agree or fail to stay in
compliance with the Terms & Conditions, You may not play or otherwise
the following website: http://www.everonworlds.com. The Terms &
contemplated herein or therein, respectively. You will be required to
prior to your first use of the Services and the Game, and after any
Intellectual Property Rights
As between You and EveronWorlds, all right, title, interest, license
and intellectual and other property rights in and to the Game and all
copies or other reproductions thereof (including, without limitation,
the copyright and other intellectual property rights in any images,
photographs, animations, video, audio, music, themes, objects,
characters, character names, stories, dialog, catch phrases, locations,
concepts, artwork, character, structural or landscape designs, sounds,
musical compositions, audio-visual effects, storylines, character
likenesses, methods of operation, and any related documentation or
text incorporated into the Game) are exclusively owned or licensed
by EveronWorlds. All right, title, license and intellectual and
other property rights in and to the content of any third party which may
be accessed through use of the Game are the property of the respective
content owner (or their licensees) and may be protected by applicable
copyright or other intellectual property laws and treaties. This
Agreement grants You no rights to use such content. If the Software
contains documentation which is provided only in electronic form, You
may print one copy of such electronic documentation for your private
use. You may not copy the printed or digital materials accompanying
the Software. All rights not expressly granted are reserved by EveronWorlds.
You may not transfer or otherwise assign all or any portion of your
rights, duties or obligations under this Agreement to any person.
Your Additional Duties and Obligations.
As a condition precedent to the licenses granted in this Agreement, You
may not, in whole or in part, copy, photocopy, reproduce, translate,
reverse engineer, derive source code from, modify, disassemble,
decompile, or create derivative works based on the Game, or any element
thereof or otherwise seek to discover the source code, components,
digital rights management, format or other protocols associated with the
Game or remove or alter any proprietary notices or labels on the Game.
Failure to comply with the restrictions and limitations contained in
this Section shall result in the immediate, automatic termination of the
license granted hereunder and may subject You to civil and/or criminal
By accepting the terms of this Agreement, You represent and warrant
to EveronWorlds that You will not:
rent, lease, lend, sell, sublicense, assign, auction or otherwise
transfer any portion of the Software or allow another party access to
your account information;
exploit the Game or any element thereof, including without limitation
the Software, for any commercial purpose, including without limitation
use at a cyber cafe, computer gaming center, restaurant, bar or any
other location-based site without the express written consent of EveronWorlds,
such consent to be given at its sole discretion;
host, provide or develop services for the Game or intercept, emulate or
redirect the communication protocols used by or on behalf of EveronWorlds
in any way, including without limitation through protocol emulation,
tunneling, packet sniffing, modifying or adding components to the Game,
use of a utility program or any other techniques now known or hereafter
developed, for any purpose, including without limitation unauthorized
network play over the Internet, network play utilizing commercial or
non-commercial gaming networks, or as part of content aggregation networks;
facilitate, create or maintain any unauthorized connection to the Game
or the Service, including without limitation, any connection to any
unauthorized server that emulates or attempts to emulate the Service.
All connections to the Game and/or the Service, whether created by the
Software or by other tools and utilities, may only be made through
methods and means expressly approved by EveronWorlds. Under no circumstances
may You connect or create tools that allow You or others to connect, to
the Games proprietary interface other than those expressly provided by
EveronWorlds for public use;
fail at any time to comply with the Terms & Conditions; or enable any
third party, including any person who is not at least 18 and of the age
of majority in that persons place of residence, to use or otherwise
have access to the Game.
As a condition precedent to any licenses being granted to You under
this Agreement, (i) You must be 18 years of age or older; and (ii)
You must be at least of the age of majority in your state. If You
are 18 years of age or older but not of the age of majority in your
state, you must first obtain all necessary parental consent to enter
into and be bound by this Agreement and the Terms & Conditions.
BY USING THE SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT: (A) THE
SOFTWARE, FROM TIME TO TIME AND AT ANY TIMES, MAY ENABLE EveronWorlds
(OR A THIRD PARTY ON BEHALF OF EveronWorlds) TO MONITOR YOUR
COMPUTERS RANDOM ACCESS MEMORY (RAM) FOR RESTRICTED SOFTWARE THAT
OPERATES CONCURRENTLY WITH THE SOFTWARE. FOR PURPOSES OF THIS
AGREEMENT, THE TERM RESTRICTED SOFTWARE MEANS ANY THIRD PARTY
SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY ADD ON, MOD,
MODIFICATION, HACK, TRAINER, OR CHEAT, THAT, IN EveronWorlds SOLE
DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii)
ALLOWS USERS TO MODIFY OR OTHERWISE ALTER THE GAME INTERFACE,
ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY
EveronWorlds; OR (iii) INTERCEPTS, GATHERS, SEEKS OUT, OR OTHERWISE COLLECTS
INFORMATION FROM OR THROUGH THE GAME. (B) IN THE EVENT THAT THE SOFTWARE
DETECTS ANY RESTRICTED SOFTWARE, IT MAY (I) COMMUNICATE INFORMATION BACK
TO EveronWorlds, INCLUDING INFORMATION REGARDING YOUR ACCOUNT, DATA REGARDING
THE RESTRICTED SOFTWARE, AND SUCH OTHER INFORMATION AS EveronWorlds DEEMS
NECESSARY OR PERTINENT; AND/OR (II) EveronWorlds MAY EXERCISE ALL OR ANY OF
ITS RIGHTS UNDER THIS AGREEMENT OR THE TERMS & CONDITIONS OR THE PRIVACY
POLICY, WITH OR WITHOUT PRIOR NOTICE TO YOU. (C) ALL GAME PLAY, CHAT AND
CONVERSATION ARE SUBJECT TO MONITOR AND REVIEW AT ANY TIME, AND FROM,
TIME TO TIME, WITH OR WITHOUT NOTICE TO PRESERVE THE INTEGRITY OF THE
GAME AND PROTECT EveronWorlds RIGHTS.
Patches and Updates
EveronWorlds (or a third party on EveronWorlds behalf) may deploy or
provide patches, updates and modifications to the Game that must be
installed for You to continue to play the Game. EveronWorlds may update
the Game remotely, including, without limitation, the Software
residing on Your computer or game machine, without Your knowledge or
consent, and You hereby grant to EveronWorlds your consent to deploy and apply
such patches, updates and modifications as EveronWorlds, in its sole
discretion, deems necessary or advisable.
This Agreement shall commence upon your acceptance of the terms and
conditions set forth herein and continue thereafter until terminated.
You may terminate this Agreement at any time by (i) destroying all
copies of the Game in your possession or control; (ii) permanently
removing the Game from all of Your computers and game operating devices;
and (iii) officially cancelling your Account. EveronWorlds may
terminate this Agreement at any time for any reason or no reason at all.
Violation by you of this Agreement or the Terms & Conditions automatically
terminates the rights and licenses granted to you under this Agreement.
In the event to termination of this Agreement or your rights and
license granted hereunder, You must (i) cease to use the Software;
(ii) immediately and permanently destroy all copies of the Game in
Your possession and control; and (iii) permanently remove the Software
from all of Your computers and game operating devices. Upon termination
of this Agreement for any reason, all licenses granted herein immediately
Export Controls; and Country of Residence
The Software may not be re-exported, downloaded or otherwise exported in
such a way so as to violate any law, statute, treaty or other ordinance
or otherwise cause You or EveronWorlds to be in violation thereof,
including to (or to a national or resident of) any country to which
the U.S. has embargoed goods, or to anyone on the U.S. Treasury
Departments list of Specially Designated Nationals or the U.S.
Commerce Departments Table of Denial Orders. You represent and warrant
that You are not located in, under the control of, or a national or
resident of any such country or on any such list.
THE GAME (INCLUDING WITHOUT LIMITATION THE SOFTWARE AND MANUAL(S))
IS PROVIDED AND/OR MADE AVAILABLE TO YOU AS IS, WHERE IS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
In the event that the media containing the Software proves to be
defective during the first thirty (30) days after the initial purchase
thereof, You should contact your point of purchase retailer and
inquire about their return policies. In the event that EveronWorlds
is your point of purchase retailer, please direct all inquiries to:
firstname.lastname@example.org. Upon your timely presentation to EveronWorlds
of the proper proof of purchase of the defective media, EveronWorlds
will, at its option, (a) correct any defect, (b) provide You with a
similar product of similar value, or (b) refund the purchase price
paid by You.
Any product that has had its key for playtime activated and with in-game
activity registered cannot be returned as defective Software. THE
FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET
FORTH IN THIS SECTION. Some states do not allow the exclusion or
limitation of implied warranties, so the above limitations may not apply
Limitation of Liability, Indemnity
NEITHER EveronWorlds, ITS PARENT, SUBSIDIARIES, PARTNERS, OFFICERS,
DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES NOR ITS ADVISORS SHALL
BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT
OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS
OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER EveronWorlds,
ITS PARENT, SUBSIDIARIES PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES,
CONTRACTORS, AFFILIATES NOR ITS ADVISORS SHALL BE LIABLE IN ANY WAY
FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS
(E.G., ARMOR, POTIONS, ITEMS, POSTS, WEAPONS, ETC.) OR CURRENCY,
ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION
STORED BY THE GAME AND/OR THE SERVICE. EveronWorlds SHALL NOT BE
RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT
LIMITATION- ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER
EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO
EVENT WILL EveronWorlds BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
EveronWorlds LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID
BY YOU TO EveronWorlds DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING
THE TIME SUCH CLAIM AROSE. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND
HOLD HARMLESS EveronWorlds AND ITS PARENT, SUBSIDIARIES, PARTNERS,
EMPLOYEES, CONTRACTORS, AFFILIATES AND ADVISORS FROM AND AGAINST
ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE
(INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY EveronWorlds
ITS PARENT, SUBSIDIARIES, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES
OR ADVISORS ARISING FROM, OUT OF OR OTHERWISE RELATING TO YOUR USE
OF THE GAME, OR ANY ELEMENT THEREOF OR YOUR BREACH OF ANY DUTY OR
OBLIGATION UNDER THIS AGREEMENT OR THE TERMS & CONDITIONS.
Equitable Relief; Attorneys Fees
You hereby acknowledge and agree that (i) EveronWorlds would be
irreparably damaged if the terms of this Agreement or the Terms &
Conditions were not specifically enforced; and (ii) in addition to
such other remedies available to it at law, in equity or otherwise,
EveronWorlds is hereby entitled, without providing bond, other security,
or proof of damages, to seek temporary restraining orders and permanent
injunctive relieve against your anticipated or continued breach of
your duties and obligations as contemplated under this Agreement or
the Terms & Conditions. In the event any litigation or other action
is brought by either party in connection with this Agreement, the
prevailing party in such litigation shall be entitled to recover
from the other party all the costs, attorneys fees and other expenses
reasonably incurred by such prevailing party in such litigation or action.
EveronWorlds, at its sole and absolute discretion, from time to time
and at any time, may change, modify, add to, supplement or delete any
of the terms and conditions of this Agreement, the Terms & Conditions
may otherwise be contemplated herein or therein, effective upon prior
notice to be delivered as follows: (i) EveronWorlds will post any such
at : http://www.everonworlds.com, or (ii) in the alternative, EveronWorlds may
provide such other notice as it, in its sole discretion, may choose. If
any future changes to this Agreement or the Terms & Conditions or the
compliance with this Agreement or the Terms & Conditions or the Privacy
Policy, You may terminate this Agreement in accordance with Section 7.
Your installation and use of any updates or modifications to the
Software or Your continued use of the Game following notice of changes
demonstrate Your acceptance of any and all such changes. EveronWorlds may
change, modify, suspend, or discontinue any aspect of the Game at any
time. EveronWorlds may also impose limits on certain features or restrict
Your access to parts or all of the Game without notice or liability. You
have no interest, monetary or otherwise, in any feature or content
contained in the Game.
GOVERNING LAW; JURISDICTION
Except as expressly provided otherwise, this Agreement shall be governed
by, and construed under, the Laws of the United States of America and the
laws of the State of Washington, without regard to choice of law principles.
Any arbitration proceeding under this Agreement or the Terms & Conditions
shall be conducted in Spokane, Washington, United States of America.
Any Dispute not subject to arbitration, or where no election to arbitrate
has been made, shall be decided by a court of competent jurisdiction within
the Spokane, Washington, United States of America, and you and EveronWorlds
hereby irrevocably consent to the exclusive personal jurisdiction of that
court. The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. For our customers
who purchased a license to the Game in, and are a resident of, Canada,
Australia, Singapore, New Zealand or outside the United States, other
laws may apply if You choose not to agree to arbitrate as set forth
above, and in such an event, shall affect this Agreement only to the
extent required by such jurisdiction.
You and EveronWorlds agree that if any part of this Agreement or the
unenforceable that part shall be severed and the remainder of the Agreement
shall be given full force and effect. If Section 15b is found to be illegal
or unenforceable then neither you nor EveronWorlds will elect to arbitrate
any Dispute falling within that portion of Section 15b found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the State of Washington , United States of America, and you and EveronWorlds agree to submit to the personal jurisdiction of that court.
To expedite resolution and control the cost of any dispute, controversy
or claim related to this Agreement (Dispute), You and EveronWorlds
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least 30 days before
initiating any arbitration or court proceeding. Such informal negotiations
shall commence upon written notice from one person to the other.
EveronWorlds will send its notice to Your billing address and email
You a copy to the email address You have provided to us. You will send
your notice to EveronWorlds.
Binding Arbitration and Exceptions
If You and EveronWorlds are unable to resolve a Dispute through informal
negotiations, either You or EveronWorlds may elect to have the Dispute
(except those Disputes expressly excluded below) finally and exclusively
resolved by binding arbitration. Any election to arbitrate by one party
shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
(AAA) and, where appropriate, the AAAs Supplementary Procedures
for Consumer Related Disputes (AAA Consumer Rules), both of which
are available at the AAA website www.adr.org. The determination of
whether a Dispute is subject to arbitration shall be governed by the
Federal Arbitration Act and determined by a court rather than an
arbitrator. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Rules and, where appropriate,
limited by the AAA Consumer Rules. If such costs are determined by
the arbitrator to be excessive, EveronWorlds will pay all arbitration
fees and expenses. The arbitration may be conducted in person, through
the submission of documents, by phone or online. The arbitrator will
make a decision in writing, but need not provide a statement of reasons
unless requested by a party. The arbitrator must follow applicable law,
and any award may be challenged if the arbitrator fails to do so.
Except as otherwise provided in this Agreement, You and EveronWorlds
may litigate in court to compel arbitration, stay proceeding pending
arbitration, or to confirm, modify, vacate or enter judgment on the
award entered by the arbitrator. Notwithstanding the preceding, You
and EveronWorlds agree that the following Disputes are not subject
to the above provisions concerning informal negotiations and binding
arbitration: (1) any Disputes seeking to enforce or protect, or
concerning the validity of, any of your or EveronWorlds (or its affiliates
or licensees) intellectual property rights; (2) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy or
unauthorized use; and (3) any claim for injunctive relief. For such
Disputes as listed in 15 b (1),( 2) and (3), EveronWorlds may at its
sole discretion have the Dispute tried by a court in Your jurisdiction
to obtain a judgment enforceable in your jurisdiction.
You and EveronWorlds agree that any arbitration under this Agreement
shall be limited to the Dispute between EveronWorlds and You individually.
To the full extent permitted by law, (i) no arbitration shall be
joined with any other; (ii) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (iii) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Process may be served on either party in the manner authorized by
applicable law or court rule. In any action to enforce any right or
remedy under this Agreement or to interpret any provision of this
Agreement, the prevailing party shall be entitled to recover its
reasonable attorneys fees, costs and other expenses.
Sections 3-6 and 8-17 of this Agreement shall survive termination
hereof without limit of time to the extent admissible under applicable law.
Installing and Accessing the Online Game and Forums executes this
described. The Agreement with you will not be kept on file by EveronWorlds,
and will therefore not be accessible for You. The Agreement will
be executed in English language and You will be able to be viewed online.
This Agreement constitutes the complete and exclusive agreement between
EveronWorlds and You with respect to the subject matter thereof, and
supersedes all prior or contemporaneous oral or written communications,
proposals, representations, understandings, or agreements not specifically
incorporated herein. To the extent that the provisions of this Agreement
conflict with the provisions of the Terms & Conditions, the conflicting
provisions in the Terms & Conditions shall govern.
I hereby acknowledge and agree that (i) that I have read and understand
(ii) I am at least 18 years if age *AND *if I am not at least**of the
age of majority in my state have obtained all necessary parental consent
to enter into and be bound by this Agreement and Terms & Conditions;
and (iii) I agree that by clicking *I Accept* or installing the Software
I am acknowledging my agreement to be bound by the terms and conditions
of this Agreement, the Terms & Conditions and to have accepted the
If You do NOT qualify or do NOT agree to be bound by this Agreement, the
not install the software.
EveronWorlds is a trademark of EveronWorlds. All rights Reserved, related
logos, characters, names, and distinctive likenesses thereof are trademarks
of EveronWorlds http://www.everonworlds.com/ unless otherwise noted. All
Rights Reserved. EveronWorlds Authorized User.
The TOS may only be revised in a writing published by EveronWorlds on its website.
EveronWorlds may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOS and any unauthorized assignment by you shall be null and void.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
In the event any litigation is brought by either party in connection with the TOS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
This TOS, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with, and shall not supersede, Game EULAs and Privacy policies for individual games published by EveronWorlds.
You hereby agree that EveronWorlds would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the TOS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
EveronWorlds shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of EveronWorlds, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond EveronWorlds’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
All notices given by you or required under the TOS shall be by e-mail, ATTN: Legal Department : email@example.com