Last Updated: February 9, 2024
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY DISPUTES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. PLEASE SEE SECTION 20 BELOW FOR MORE INFORMATION.
These terms and conditions of use (“Terms and Conditions”) constitute a legal agreement that governs your relationship with Everyworld Development and its affiliated companies (collectively referred to as “Everyworld” or “we” or “us”) regarding your use of the the website located at https://www.everyworld.com/ (“Website”), the Everyworld Discord Server located at https://discord.gg/everyworld (“Discord Server”) and any Everyworld related services (the “Services”).
You represent and warrant that you are eligible for and have full right and authority to use the Services and to be bound by these Terms and Conditions. You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you will not: (a) modify, adapt, translate, reverse engineer, or disassemble any portion of the Services; (b) restrict or inhibit any other person from use of the Services or interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirements, procedures, policies, or regulations of such networks; (c) create false personas, multiple identities, use bots or other automated software programs to defraud Everyworld or any third party or take any other action which otherwise violates these Terms and Conditions and/or the terms of service of any third-party applications or social networks through which the Services are accessed; (d) attempt to obtain passwords or other private information from other users of the Everyworld Discord Server (“Players”) including personally identifiable information; (e) use the Services if you have previously been removed, prohibited, or banned by Everyworld; (f) develop, distribute, or use any software programs or other applications that allow an individual to cheat or obtain an unintended advantage while using the Services; (g) exploit or distribute any game error or technical glitch that provides an unintended advantage; (h) use the Services to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; or (i) attempt to use the Services on or through any website or service that is not authorized by Everyworld.
Residents of the United States are ineligible to participate in Everyworld. In addition, residents of the following countries are also ineligible: Afghanistan, Australia, Belgium, Belize, Bolivia, Canada (province of Quebec), Cambodia, Chad, China, Columbia, Cuba, Iran, Iraq, Lebanon, Libya, Myanmar, North Korea, Pakistan, Russia, Singapore, Somalia, Sudan, Syria, Tanzania, Thailand, Turkey and where otherwise prohibited by law. If you are a resident of one of these countries, do NOT enter a Drawing, as the Drawings are NOT intended for you.
You must be 18 years or older (20 years or older in Japan) to participate in Everyworld.
Residents of these countries or individuals physically located in these countries are prohibited from collecting any payout (“Payout”). For the avoidance of doubt, use of the Services is void where prohibited by law.
Everyworld Development is committed to supporting non-profit charities and the great work that these organizations do each and every day. As part of that commitment, Everyworld Development will donate forty-five percent (45%) of each Payout to an environmental conservation charity designated by Everyworld Development prior to the Drawing.
All donations made by Everyworld Development to the selected charity are processed by Everyworld Development which will take all reasonable steps to attempt to grant funds to the selected charity. However, in the rare event that a selected charity does not satisfy Everyworld Development's grant eligibility requirements, Everyworld Development reserves the right to make the grant to another organization that supports a similar charitable cause. Everyworld Development further reserves the right to withhold grant distributions to charity if the aggregate grants in the prior 30-day period are less than $250. Funds may be held until the total amount of the aggregated grants to an organization exceeds $250.
6. Points, prizes and official sweepstakes rules
There are official rules (“Official Sweepstakes Rules”), which apply to the actual participation in the Drawings on the Everyworld Discord Server as well as other aspects of your experience on the Discord Server not defined in these Terms and Conditions. These Official Sweepstakes Rules are very important and should be reviewed prior to playing any of the games. The Official Sweepstakes Rules can be found here.
7. Intellectual property ownership
Everyworld Development and its licensors retain all rights in the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the “Content”). The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Content may not be used by you in any other manner, or for any other purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark (“Trademarks”) used with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.
Any communications or materials you transmit to Everyworld Development by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as non-confidential and non-proprietary. Everyworld Development is free to use, reproduce, modify, disclose, transmit or post any ideas, concepts, know-how or techniques contained in any communication you send to Everyworld Development for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, without any compensation to you or acknowledgment that you were the source of such materials.
8. Access termination
You agree that Everyworld Development, in our sole discretion, may to the extent legally permissible terminate your access to or use of the Services, at any time and for any reason, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or the Official Sweepstakes Rules. Upon any such termination, your right to use some portions, if not all, of the Services will immediately cease. You agree that any termination of your access to or use of the Services may occur without prior notice, and that we may immediately deactivate your access, and password, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Services or to any such information or files or we will be required to make such information or files available to you after any such termination.
9. Limitations of liability
BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, OR ANY OF EVERYWORLD DEVELOPMENT, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF EVERYWORLD DEVELOPMENT AND/OR ITS AFFILIATES IS LIMITED TO $25,000. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
10. Release of liability
You indemnify, release and agree to hold harmless Everyworld from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property arising out of or relating to your use of the Website and Discord Server.
11. Disclaimer of warranties
THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13. Hacking or tampering with the services
CAUTION: YOU AGREE THAT ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR DISCORD SERVER, UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE OR DISCORD SERVER (INCLUDING BUT NOT LIMITED TO THE GAME OFFERED THEREON), USE A PROGRAM OR “BOT” TO ATTEMPT TO GAIN MULTIPLE ENTRIES OR TO AVOID ACTUALLY OPERATING THE GAME OR OTHERWISE ATTEMPT TO DEFRAUD EVERYWORLD DEVELOPMENT IN CONJUNCTION WITH THE WEBSITE OR DISCORD SERVER (INCLUDING BUT NOT LIMITED TO ANY GAME OFFERED THEREON) WILL RESULT IN IMMEDIATE REMOVAL FROM THE DISCORD SERVER, PROHIBITION FROM FUTURE USE OF THE WEBSITE OR DISCORD SERVER AND, IN SUCH INSTANCE, EVERYWORLD DEVELOPMENT RESERVES THE RIGHT TO PURSUE ALL AVAILABLE LEGAL REMEDIES AGAINST SUCH PERSON.
14. Disputes with others
Everyworld Development reserves the right, but has no obligation, to monitor and/or manage disputes between you and other Players of the Services. If you have a dispute with other Players, you release and hereby agree to indemnify Everyworld Development from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree that Everyworld Development shall not be liable if laws applicable to you restrict or prohibit your participation in the Services. Everyworld Development makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with Everyworld Development have authority to make any such representations or warranties. Everyworld Development reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.
16. Links to third party content and websites
The content of all third party content providers is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the content in connection with your use of the Services for personal, noncommercial, entertainment purposes.
Although the Services may contain links to third party content and/or websites, we are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked content or website, unless specifically stated therein. By accessing, using, or downloading the Services, you acknowledge that we are not responsible for the content of any off-site pages or any other site linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.
17. Disclaimer for third party statements
You acknowledge that we are not responsible for third party statements appearing on our website or the Everyrealm Discord Server and in particular, any disparaging, defamatory or forward-looking statements made by any third-party.
18. Updates to the services
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to the extent legally permissible: to modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services’ availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all Players of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, in whole or in part, or of any content contained in the Services. Your continued use of the Services after such changes will indicate your acceptance of such changes.
19. Governing law
20. Binding arbitrations and class waiver
PLEASE READ THESE “BINDING ARBITRATION” AND “CLASS WAIVER” PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH EVERYWORLD AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST EVERYWORLD. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST EVERYWORLD BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Scope of Arbitration Provision. You and Everyworld Development agree that any past, pending, or future dispute, claim or controversy arising out of or relating to your access to or use of any Everyworld Website or Discord Server (including Services) or to these Terms and Conditions (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms and Conditions) (a “Dispute”), shall be determined by arbitration, except that you and Everyworld Development are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Waiver of Class Relief. Whether the dispute is heard in arbitration or in court, you agree that you and Everyworld Development will not commence a class action, class arbitration or other representative action or proceeding. You and Everyworld Development are each waiving your respective rights to participate in a class action. By accepting this agreement, you give up your right to participate in any past, pending, or future class action or any other consolidated or representative proceeding, including any existing as of the date that you agreed to these Terms and Conditions. Whether to agree to arbitration is an important decision. It is your decision to make, and you are not required to rely solely on the information provided in these Terms and Conditions. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
Arbitration will be conducted before a one-member panel of JAMS pursuant to the procedural rules of JAMS subject to certain limitations, including (i) the arbitration award shall be limited to actual costs incurred by the claimant and excludes punitive damages, injunctions or any other forms of relief; (ii) the arbitration proceeding will take place in New York, New York; and (iii) any claim or dispute will be resolved individually and NOT as part of a class or group. The arbitration proceeding shall be governed by the Federal Arbitration Act (9 U.S.C. § 1-16) with the judgment of the arbitrator being enforceable in any United States Federal Court. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal by a tribunal of competent jurisdiction, or conflicts with the rules of JAMS, the invalid/unenforceable/illegal provision will be stricken and replaced with a substitute provision which best captures the original intent of Everyworld Development and is valid, enforceable, and legal, with the balance of this arbitration provision remaining in effect. If, however, (iii) above is found to be invalid, unenforceable, or illegal by a tribunal of competent jurisdiction, then this arbitration provision shall be void in its entirety; and, in such case, any claim or dispute must be brought in either the U.S. District Court for the District of New York or New York State Court (each situated in New York, New York.)
Authority of Arbitrator. With the exception of class procedures and remedies as discussed above under “Waiver of Class Relief” or as otherwise expressly provided herein, the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and Everyworld Development shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
21. Entire agreement
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. For the avoidance of doubt, in the event that any portion of any particular section of these Terms and Conditions, including, without limitation, the section entitled “Binding Arbitration and Class Waiver”, is deemed to be unenforceable, the balance of such section shall remain enforceable.
23. Local law
These Terms and Conditions do not purport to supersede the laws of the jurisdiction from which you access the Website or Discord Server to the extent such law is deemed to be applicable to your use of the Services. Everyworld Development will comply with applicable law in all respects regarding your use of the Services. Without limiting the foregoing, we will respect all consumer protections provided by applicable law.
The headings titles in these Terms and Conditions are provided solely for convenience and have no legal or contractual significance.
25. Force majeure
We will not be liable in any amount for failure to perform any obligation under these Terms and Conditions if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, Internet outages, communications outages, pandemics, fire, flood, storm, natural cataclysm, governmental regulation, riots, strikes, civil commotion or war.