KING OF THE WEB

TERMS OF USE

Last Updated: March 1, 2012

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR APPLICATION.

These Terms of Use ("Terms") apply solely to your access to, and use of, any website of King of the Web, Inc. ("King of the Web"), including kingofweb.com (the "Site"), and any King of the Web mobile services, applications for mobile platforms and other features, applications or services offered by King of the Web ("Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with King of the Web, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and King of the Web for violations of these Terms. King of the Web reserves the right to change or modify these Terms or any policy or guideline of the Site or Services, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site or the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site and the Services. If you do not agree to the amended terms and conditions, you must stop using the Site and the Services. If you have any question regarding our Site or Services, please refer to our Frequently Asked Questions. All other questions or comments about the Site or Services should be directed to support@kingofweb.com.

1. Eligibility

The Site and Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are under the age of 18, or age of legal majority under applicable law (a "Minor"), you may only use the Site or Services and/or participate in a King of the Web contest (each, a "Game"), under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Site or the Services and/or participating in a Game, you further represent and warrant that you have not previously been suspended or removed from the Site or Services. See our Official Game Rules for further Game eligibility restrictions.

2. Registration: Player Accounts

In order to access certain features of the Site and Services, and to post Player Content as described below, you must create an account with us. You may vote using only one account. When you create an account, you agree to (a) provide accurate, current and complete information, as may be prompted by any registration forms on the Site or Services ("Registration Data"); (b) maintain and promptly update the Registration Data and any other information you provide to King of the Web to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to King of the Web. King of the Web reserves the right to suspend an account, refuse registration, refuse service, cancel orders or disqualify you for any reason or for no reason, including when, in King of the Web's sole discretion, you have violated these Terms.

3. How It Works

After creating an account, you will be able to browse the Site and Services, cast votes for King or Queen of the Web (hereinafter referred to as "King") Candidates (defined in the Official Game Rules) and participate as a Candidate in a Game. If you do not want to participate as a Candidate, you can campaign on behalf of another Candidate ("Vote Forwarder"), simply vote for other Candidates (but not campaign as a Candidate) and/or remain a passive user of the Site or Services (all Candidates and other users of the Site, Services or Game, collectively, "Player(s)") by changing the settings in your Player Profile.

Campaign Content. Candidates and Vote Forwarder’s may create and upload a poster, slogan, pitch, YouTube videos, blog posts, essays, comments, stories, articles, photographs, artwork or other materials or content explaining why a Candidate should be voted the King ("Campaign Content") in the applicable Game. Campaign Content will be reviewed and voted on by King of the Web Players. By submitting or posting any Campaign Content, you hereby agree to abide by these Terms and our Official Game Rules. You should read these documents carefully before submitting any Campaign Content as they create and grant certain rights, obligations and restrictions regarding such content.

Votes. Upon registering for an account, you will receive votes on a daily basis ("Daily Votes"), which expire each day at 12:00AM Pacific Time (PT). You will receive additional votes ("Earned Votes") by completing the Vote Meter. Earned Votes do not expire. Earned Votes can be rolled over from one election cycle to another. You can cast all of your votes for one Candidate or disperse your votes across multiple Candidates.

Prizes. Candidates have the opportunity to compete for prizes, including money prizes ("Prizes"). See our Game FAQ, Official Game Rules and Election Cycle Prizes for more information about participating in Games, winning Prizes and conditions of being awarded a Prize. King of the Web will identify and celebrate winners in an online coronation.

4. Privacy Policy

Please refer to our Privacy Policy for information on how King of the Web collects, uses and discloses personally identifiable information from its Players.

5. Terms of Sale

King of the Web Kingmaker Passes

King of the Web offers the opportunity to purchase and redeem King of the Web's virtual currency Kingmaker Passes ("Passes") for use on the Site and Services including, for instance, to purchase virtual goods (e.g., Voter Upgrades). All purchases of Kingmaker Passes from the Site or Services will be governed by our Kingmaker Pass Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase.

King of the Web Pop-Up Shop - King of the Web may offer the opportunity to purchase t-shirts and other products from King of the Web Pop-Up Shop.  You acknowledge that the Pop-Up Shop is operated by a third party, Kotis Design, and that all products are offered and sold to you by Kotis Design.  Please refer to Kotis Design's Terms of Sale during the purchase process and in the purchase confirmation email for more information about the terms, conditions and policies that apply to your purchase of such products.

Audiosocket Music Licensing – King of the Web may offer the opportunity to license music through an Audiosocket King of the Web Storefront (https://kingofweb.audiosocket.com). You acknowledge that the Storefront is operated by a third party, Leopona, Inc., DBA Audiosocket, and that all products are offered and sold to you by Audiosocket.  You are responsible for reviewing the terms of use and privacy policy of the Storefront before using it, since the terms of use may differ from those of King of the Web and Audiosocket may use and share information in ways King of the Web does not.

6. Copyright and Limited License

Unless otherwise indicated, the Site, the Services and all content and other materials on the Site or available through the Services, including, without limitation, the King of the Web logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "King of the Web Materials") are the proprietary property of King of the Web or its sponsors, licensors or Players and are protected by U.S. and international copyright and/or other intellectual property laws.

You are granted a limited, non-sublicensable license to access and use the Site, Services and King of the Web Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site, Services or King of the Web Materials; (b) the distribution, public performance or public display of any King of the Web Materials, (c) modifying or otherwise making any derivative uses of the Site, Services and the King of the Web Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, Services, the King of the Web Materials or any information contained therein, except as expressly permitted on the Site or through the Services; or (f) any use of the Site, Services or the King of the Web Materials other than for its intended purpose. Any use of the Site, Services or the King of the Web Materials other than as specifically authorized herein, without the prior written permission of King of the Web, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

7. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, King of the Web has adopted a policy of terminating, in appropriate circumstances and in King of the Web's sole discretion, users who are deemed to be repeat infringers. An infringer is any Player whose Player Content infringes the intellectual property rights of a third party. King of the Web may also, in its sole discretion, limit access to the Site and Services and/or terminate the accounts of any users whose Player Content infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Copyright Complaints

If you believe that anything available on the Site or through the Services infringes upon any copyright, which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Designated Agent: Tim Sloane, VP Business Operations
Address of Designated Agent: 915 E Pine St. #300 Seattle, WA 98122
Telephone Number of Designated Agent: 206.659.4921
Facsimile Number of Designated Agent: 206.659.4921
Email Address of Designated Agent: support@kingofweb.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

9. Trademarks

"KING OF THE WEB," "KING OF WEB.COM," the King of the Web logos and any other product or service name or slogan contained in the Site or through the Services are trademarks of King of the Web and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of King of the Web or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "KING OF THE WEB" or any other name, trademark or product or service name of King of the Web without our prior written permission. In addition, the look and feel of the Site and Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, and/or trade dress of King of the Web and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and King of the Web names or logos mentioned in the Site or through the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

10. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray King of the Web or any of its products or Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time in the sole judgment of King of the Web. You may not use a King of the Web logo or other proprietary graphic of King of the Web to link to this Site without the express written permission of King of the Web. Further, you may not use, frame or utilize framing techniques to enclose any King of the Web trademark, logo or other proprietary information, including the images found at the Site or through the Services, the content of any text or the layout/design of any page or form contained on a page on the Site or Services without King of the Web's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of King of the Web or any third party.

King of the Web makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site or the Services, or websites linking to the Site. Such sites are not under the control of King of the Web and King of the Web is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. King of the Web provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by King of the Web of any site or any information contained therein. When you leave the Site or the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or the Services.

11. Third Party Content

King of the Web may provide third party content on the Site or through the Services and may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. King of the Web does not monitor or have any control over any Third Party Content or third party websites. Unless otherwise expressly stated by King of the Web, King of the Web does not endorse or adopt, and is not responsible or liable for, any Third Party Content. King of the Web does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. King of the Web undertakes no responsibility to update or review any Third Party Content and users use such Third Party Content contained therein at their own risk.

12. Player Content

The Site and Services permit the submission, posting and transmission of Player-generated content, including messages, information, text, photos, graphics, links, Campaign Content and other items or content (collectively, "Player Content"). You are solely responsible for the Player Content you post, and you agree not to submit, post, upload to, transmit, distribute, store, create or otherwise publish through the Site or Services any of the following:

a. Player Content that does not conform to King of the Web Game Conduct and Content Guidelines ("Content Guidelines");

b. Player Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

c. Player Content that is harmful to, or degrades the goodwill associated with the trademark(s) or name(s) of King of the Web or any company participating with King of the Web in any Game;

d. Player Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

e. Player Content that does not have all necessary releases and permissions required under the Official Game Rules, including without limitation valid name/likeness and/or model releases and property releases for Player Content depicting recognizable people (living or dead) and private properties, and all written permission regarding all distinguishable trademarks other than trademarks provided by King of the Web or any company participating with King of the Web in any Game;

f. Player Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

g. Unsolicited promotions, political campaigning, advertising or solicitations;

h. Private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

i. Viruses, corrupted data or other harmful, disruptive or destructive files; and

j. Player Content that, in the sole judgment of King of the Web, violates any of the foregoing restriction in subsections a. through i. is objectionable or which restricts or inhibits any other person from using or enjoying the Site or Services, or participating in or enjoying any Game, or which may expose King of the Web, its Players or any company participating with King of the Web in any Game to any harm or liability of any type.

King of the Web does not control, take responsibility for or assume liability for any Player Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is King of the Web liable for any Player conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. If you become aware of Player Content that violates these Terms (with the exception of copyright infringement which is addressed in Section 8), you may report it by emailing us at support@kingofweb.com. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site or Services will not contain any content that is prohibited by the Terms. Although King of the Web has no obligation to screen, edit or monitor any of the Player Content posted on the Site or Services, King of the Web reserves the right, and has absolute discretion, to remove, screen or edit any Player Content posted or stored on the Site or Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any Player Content you post or store on the Site or Services at your sole cost and expense.

13. Rights in Player Content

You retain all ownership of and copyright in any Player Content you post or submit to the Site or Services. If you post Player Content to the Site or Services, unless we indicate otherwise, you (and, if you are under the age of 18 or age of legal majority under applicable law (a "Minor"), your parent or legal guardian) hereby grant King of the Web and its affiliates a perpetual, irrevocable, worldwide, nonexclusive, license to your Player Content on the terms and conditions set forth in Section 9 of the Official Game Rules for Campaign Content, and in the event of any conflict between these Terms and the Official Game Rules, the Official Game Rules will control.

By posting Player Content to the Site or Services, you (and if you are a Minor, your parent or legal Guardian) agree to be bound by the representations and warranties set forth in Section 10 of the Official Game Rules regarding Campaign Content and that those representations and warranties apply to your Player Content.

14. Submissions

Separate and apart from Player Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about King of the Web, our Site or the Services ("Submissions"). Submissions, whether submitted through the Site, the Services or otherwise are non-confidential as between you and King of the Web and shall become the sole property of King of the Web. King of the Web shall own, and you hereby assign to King of the Web, all right title and interest, including all intellectual property rights, in and to such Submissions, and King of the Web shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by King of the Web (in its sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, King of the Web of such Submissions.

15. Taxes

You will be solely responsible for the payment of all taxes (including, without limitation, income taxes), insurance, registration, and other costs or fees of any kind whatsoever payable in connection with the receipt or use of any Prize from King of the Web. You acknowledge that King of the Web is entitled to (a) deduct and withhold the amount of any applicable taxes from the Prize in compliance with applicable laws, and (b) prepare and furnish any return, report or other written statement relating to taxes as required by any applicable law. You will provide King of the Web with properly executed and completed Internal Revenue Service forms, as appropriate, and such other forms, documents and information that King of the Web may reasonably request to comply with all applicable laws and tax reporting and withholding obligations. If King of the Web makes a donation on your behalf to one of the designated charities on King of the Web website, as with all prizes you are solely responsible for the payment of all taxes for full amount of the Prize. For example, if your prize is $7,500 and you choose to donate 10% to an official designated charity, then upon completion of the required forms King of the Web will send a check to the specified charity for $750 and a check to you for $6,750. At the end of the year, the King of the Web will prepare and provide to you an IRS Form 1099-Misc (for US Residents) for the calendar year in which King of the Web paid the prize that will state income to you of $7,500. For questions about tax deductions for charitable donations and other implications of making a charitable donation, you should consult with your own tax advisor.

16. Indemnification

You agree to defend, indemnify and hold harmless King of the Web, its subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related (a) your use of the Site or Services, (b) any Player Content or Submission you post, store or otherwise transmit on or through the Site or Services, (c) your violation of the Terms, the Official Game Rules, and/or any other King of the Web terms, policies, or agreements, (d) your violation of any rights of another, or (e) your conduct in connection with the Site or the Services.

17. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY KING OF THE WEB, THE SITE, SERVICES, PRIZES, THE KING OF THE WEB MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KING OF THE WEB DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE OR AS PART OF THE SERVICES. KING OF THE WEB DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE KING OF THE WEB ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, KING OF THE WEB CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. In addition, you assume all risk when using the Site and the Services, including but not limited to all risks associated with any online or offline interactions with other users. There is no substitute for acting with caution when communicating with strangers. You acknowledge that King of the Web does not screen its users, inquire into the background of its users, attempt to verify information provided by its users or conduct criminal screenings of its users. Under no circumstance shall King of the Web be responsible for any loss or damage, including without limitation, personal injury or death, resulting from use of the Site or Services or from the conduct of any of its users, whether online or offline.

18. Limitation of Liability

IN NO EVENT SHALL KING OF THE WEB, ITS SUBSIDIARIES AND AFFILIATES OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY PLAYER ON ANY INFORMATION OBTAINED FROM KING OF THE WEB, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KING OF THE WEB'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KING OF THE WEB, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KING OF THE WEB FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES.

19. Modifications to the Site or Services

King of the Web reserves the right to modify or discontinue, temporarily or permanently, the Site, the Services or any features or portions thereof without prior notice. You agree that King of the Web will not be liable for any modification, suspension or discontinuance of the Site, the Services or any part thereof.

20. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH KING OF THE WEB AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KING OF THE WEB.

You and King of the Web agree to arbitrate any dispute arising from these Terms or relating to the Site or the Services, except that you and King of the Web 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. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and King of the Web agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Seattle, Washington, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and King of the Web also agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and King of the Web will not commence against the other a class action, class arbitration or other representative action or proceeding.

21. Termination

Notwithstanding any of these Terms, King of the Web reserves the right, without notice and in its sole discretion, to (a) terminate your license to use the Site and Services, (b) block or prevent your future access to, and use of, the Site and the Services or (c) terminate your license to use any virtual goods or services associated with your King of the Web account. In the event your account is terminated, the value of any unused King of the Web Passes will be returned to you as described in the Refund and Return Policy; provided, however, that King of the Web will not provide a refund in the event your account is terminated as a result of your violation of these Terms.

22. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.