Dominion Agreement - Terms of Service
General: Kamikaze Games is provided to you by Kamikaze Games, Inc. and all other subsidiaries and affiliates of Kamikaze Games, Inc. ("Kamikaze Games"). If you sign on to Kamikaze Games as a guest, these Terms of Service will govern your use of Kamikaze Games other features. If you register as a member of Kamikaze Games, these Terms of Service will govern your use of Kamikaze Games. BY SIGNING ON TO Kamikaze Games AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service govern your use of Kamikaze Games and all services provided in connection with Kamikaze Games, including but not limited to any accounts provided to you by Kamikaze Games. Kamikaze Games shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter Kamikaze Games. The Terms of Service for your continued use of Kamikaze Games will be available throughout Kamikaze Games. Please check these areas before using Kamikaze Games to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with Kamikaze Games immediately (i) by notifying Kamikaze Games of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of Kamikaze Games. Your continued use of Kamikaze Games will signify your acceptance of any change in the terms and conditions set forth herein.

From time to time Kamikaze Games may supplement these Terms of Service with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on Kamikaze Games to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. Please read the Dominion Agreement thoroughly. By registering for Dominion, you accept the terms of this agreement.

Good Conduct and Fair Play: This is a game intended for all ages. You are expected to act in an appropriate manner. Foul language and other behavior not conducive to clean gameplay is prohibited. This behavior may include working with dominions outside of your Realm but is not limited to such.
Exploitation of Bugs: You shall not, under any circumstance, use any errors within the game itself to further you or other Dominions. Such errors, if found, should be reported to Kamikaze Games immediately.
Hacking and Your Account: In no way will you attempt to modify or break any of the pages within the game. In no way will you ever attempt to gain the account of another player, through manipulation of code or deception. You are also prohibited from giving away your account or accepting another person's account within the game, even if both players wish to do so of their own volition.
Automated Processes: Use of automated scripts or programs to gain information within the game is prohibited. Use of automated scripts or programs to control or run a Dominion is also prohibited.
Accurate Information: You must provide complete and accurate information upon registration. You will be unable to continue playing Dominion without an accurate email address. Any information provided by you or gathered by Kamikaze Games or third parties during any visit to Kamikaze Games shall be subject to the terms of Kamikaze Games's Privacy Policy, which is incorporated herein by reference. Kamikaze Games reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences; such offers may be provided to you by Kamikaze Games. The Age field is for demographic purposes ONLY. Kamikaze Games reserves the right to terminate your Kamikaze Games account if Kamikaze Games learns that you have provided Kamikaze Games with false or misleading registration information.
Number of Accounts: You have the right to create only ONE account within Dominion per round. Creation of more than ONE account per round is grounds for deletion and is strictly prohibited. We may periodically scan your computer/internet connection to help identify users that are attempting to play multiple accounts.
Use of Information: Any use by you of any other subscriber's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. Kamikaze Games is to be used by you for your personal use only. Commercial uses of Kamikaze Games are strictly prohibited unless prior written consent from Kamikaze Games has been granted. You agree that you will not use Kamikaze Games for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You acknowledge that (i) Kamikaze Games permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to Kamikaze Games, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on Kamikaze Games is not protected by Rights rests with you. You acknowledge that Kamikaze Games may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of Kamikaze Games, including message boards, forums, contests, personal websites and chat rooms, you grant Kamikaze Games and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Kamikaze Games retains any and all Rights that may exist in such content.

ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON KAMIKAZE GAMES, YOU HEREBY EXPRESSLY PERMIT KAMIKAZE GAMES TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY KAMIKAZE GAMES'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF KAMIKAZE GAMES IS AT YOUR SOLE RISK. KAMIKAZE GAMES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KAMIKAZE GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

KAMIKAZE GAMES MAKES NO WARRANTY THAT KAMIKAZE GAMES WILL MEET YOUR REQUIREMENTS, OR THAT KAMIKAZE GAMES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES KAMIKAZE GAMES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF KAMIKAZE GAMES. KAMIKAZE GAMES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF KAMIKAZE GAMES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF KAMIKAZE GAMES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT KAMIKAZE GAMES DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH KAMIKAZE GAMES. KAMIKAZE GAMES IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER KAMIKAZE GAMES NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN KAMIKAZE GAMES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. KAMIKAZE GAMES ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

KAMIKAZE GAMES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN KAMIKAZE GAMES. YOUR PARTICIPATION IN KAMIKAZE GAMES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAMIKAZE GAMES OR THROUGH KAMIKAZE GAMES, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

KAMIKAZE GAMES MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH KAMIKAZE GAMES OR ANY TRANSACTIONS ENTERED INTO THROUGH KAMIKAZE GAMES.

KAMIKAZE GAMES IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE KAMIKAZE GAMES'S SITE. AS A CONVENIENCE TO OUR MEMBERS, WE MAY PROVIDE LINKS TO RESOURCES WHICH ARE BEYOND OUR CONTROL. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH WE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST KAMIKAZE GAMES WITH RESPECT TO SUCH SITES.

BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, KAMIKAZE GAMES MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. KAMIKAZE GAMES SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON KAMIKAZE GAMES, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY KAMIKAZE GAMES AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON KAMIKAZE GAMES, YOU WAIVE ANY CLAIMS AGAINST KAMIKAZE GAMES FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.

Absolute Authority: Kamikaze Games has the ultimate authority when it comes to all players and decisions. Kamikaze Games may modify these Terms of Service from time to time in its sole discretion, without prior notice. Each time you log on to Kamikaze Games, you will be deemed to have accepted any such changes.
Removal from Dominion: Kamikaze Games reserves the right, at its sole discretion, to immediately, without notice, suspend, terminate or delete any player for any violation of this agreement or any other reason Kamikaze Games deems necessary. Any user that is removed from Dominion that has a Premium account will not receive a refund, but may re-register to take advantage of the service for the remainder of the round.
Limitation of Liability: Kamikaze Games makes no guarantee when it comes to the game, server quality or the behavior of other players. We are not responsible for any damages resulting by your playing Dominion, incidental or otherwise. FURTHER, KAMIKAZE GAMES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE KAMIKAZE GAMES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH KAMIKAZE GAMES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF KAMIKAZE GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification: You agree to indemnify and hold each of Kamikaze Games, their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Kamikaze Games, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
Applicable Law: These Terms of Service shall be governed by and construed in accordance with the laws of the State of VIRGINIA, without giving effect to its conflicts of laws provisions. By registering for or entering Kamikaze Games, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Alexandria, Virginia.
Remedies for Breach of these Terms by You: In the event that Kamikaze Games determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of Kamikaze Games, Kamikaze Games reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to Kamikaze Games; (iii) delete all content provided by you to Kamikaze Games; (iv) discontinue your registration(s) with Kamikaze Games and/or any other Kamikaze Games community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Kamikaze Games deems to be appropriate.

If your registration(s) with or ability to access Kamikaze Games, any other Kamikaze Games community and/or any other service provided to you by Kamikaze Games is discontinued by Kamikaze Games due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of Kamikaze Games, then you agree that you shall not attempt to re-register with or access Kamikaze Games, any other Kamikaze Games community and/or any other service provided by Kamikaze Games, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Kamikaze Games reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.

FTC Compliance: Anyone age 12 or younger will require their parents permission in order to play. We require that permission in writing. Email may be sent to [email protected]. Any players 12 and younger found to be playing without parental consent shall be removed from the discussion lists and game play. This web site complies with the FTC regarding collecting information on children under the age of 13. Please read http://www.ftc.gov/opa/1999/9910/childfinal.htm for further information regarding FTC policy.
Ad Free and Premium Accounts: Kamikaze Games is FREE to play. However, if you want to play without advertising or with additional features there is a charge.
Payments: For our ad-free and premium accounts, we currently accept PayPal for payment. For more information, please see the ad-free account page and the Ad-Free Frequently Asked Questions or the premium account page and the Premium Frequently Asked Questions.
Miscellaneous: In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

Kamikaze Games may assign its rights and obligations under these Terms of Service and upon such assignment Kamikaze Games may be relieved of any further obligation hereunder.

You represent to Kamikaze Games that you have the authority to register with or visit Kamikaze Games according to these Terms of Service. Kamikaze Games does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit Kamikaze Games.

These Terms of Service and any Additional Terms (as such terms shall be identified when posted on Kamikaze Games by Kamikaze Games) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Kamikaze Games, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

Copyright 2000-2009 by Kamikaze Games, Inc. All Rights Reserved Worldwide