GOLDEN WORLDS TERMS OF USE

Last Modified on May 30, 2011

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Welcome to the goldenworlds.com website and our related sites where this Terms of Use appears (the "Sites"). This Terms of Use (this "ToU ") describes the terms and conditions applicable to your access and use of the Sites and the o and services offered through, or in connection with, the online multiplayer games available through the Sites (the "Games") and the Sites (collectively, the "Service"). This ToU sets forth the terms and conditions under which Golden Worlds, EMG ("GW," "we," or "us") provides you access to the Sites and the Service. This ToU does not supersede the Eternal End User License Agreement (each a "EULA") that accompanied the applicable Games software you licensed through the Service.

GW may amend this ToU at any time by posting the amended Terms of Use on the Sites, and you agree that you will be bound by any changes to this ToU. For your convenience, the date of last revision is included at the top of this page. GW may make changes to the Sites and/or the Service at any time. You understand that GW may discontinue or restrict your use of the Sites and/or Service for any reason or no reason with or without notice.

Your use of the Sites AND/OR THE SERVICE, or BY clicking "I ACCEPT" if presented with THIS TOU in a click-through format, signifies that you agree to THIS TOU and constitutes your binding acceptance of THIS TOU, including any modifications that GW makes from time to time.

1. Rules of Conduct and Privacy Policy

By clicking "I ACCEPT" or using any of the Sites or the Service, you represent that you have read and consent to our Rules of Conduct, incorporated into this ToU by this reference, and Privacy Policy. GW may revise the Rules of Conduct and Privacy Policy at any time, and the new versions will be available at the above links. If at any point you do not agree to any portion of the Rules of Conduct or the Privacy Policy, you must immediately stop using the Sites and/or Service.

2. Requirements

Before you can use the Service, you must: (a) agree to this ToU, the EULA for the Games you wish to play, the Rules of Conduct and the Privacy Policy; (b) install a valid copy of the software for the Games you wish to play, (c) register for an account on the Service (an " Account"); and (d) meet the hardware and connection requirements published on the Sites. These requirements may change as the Service evolves. You are responsible for any internet connection fees that you incur when accessing the Service.

3. ToU Updates

GW will revise this ToU as the Sites and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToU. You must agree to all revisions if you choose to continue using the Sites and/or Service. By using the Sites and/or Service, you agree to the then-current version of this ToU as posted on http://www.goldenworlds.com/terms.php and/or other locations on the Sites. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Sites and/or Service.

4. Games Updates

In an effort to improve the Service, GW may require that you download and install updates to the Games software from time to time. You acknowledge and agree that GW may update your Games software with or without notifying you.

5. Termination of Service

The Service is a closely-controlled virtual environment owned and maintained by GW, and GW reserves the right to deny service to any player at GW's sole and absolute discretion. The Service is offered with the understanding that GW may terminate any Account registered to you and/or your access to the Service or any Game at any time, for any reason or no reason, including without limitation for any violation of the applicable Game EULA, the ToU or the Rules of Conduct. GW may stop offering and/or supporting any Game or the Service at any time.

6. Accounts Fees and Security

6.1.Eligibility

You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You may allow your minor children for whom you are the parent or legal guardian to play the Games you download using your Account, provided, however, that you accept full responsibility for the conduct of the children using your Account.

6.2.Account

To access the Service, you must create an Account by completing the registration process. You may create only one (1) Account and you must complete the registration process by providing current, complete and accurate information (including your email address) when prompted. If your contact information changes, you agree that you will promptly update the Account information to reflect those changes.

6.3.Fees

Some aspects of the Service require you to pay a fee, details of which are available at specific game web sites. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account you registered. GW may revise the pricing for the Service or any Game at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or Service rendered by, GW, your Account may be closed without warning or notice at the sole discretion of GW.

YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING, WITHOUT LIMITATION, COINS (AS DEFINED BELOW)) ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

GW may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in these ToU or elsewhere on the Sites.

6.4.Account Security

Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of the Account username and password. You agree to notify GW immediately if you believe that an Account username and/or password have been compromised.

6.5.Account Sharing or Transfers

You may not share or transfer any Account, except that you may permit your minor child to use an Account registered to you so long as you accept full responsibility for the conduct of that child. You may not disclose your username and password to anyone other than a minor child as set forth herein.

6.6.Cancellation by You

You have the right to cancel any Account registered to you at any time. You may cancel any Account registered to you by sending an email to our Customer care.

6.7.Effect of Account Termination or Cancellation

If you voluntarily terminate an Account or allow that Account to lapse, you may reactivate that Account at any time through the account interface on the Sites. Accounts terminated by GW for any type of abuse, including without limitation a violation of these ToU, may not be reactivated for any reason.

7. Restrictions and Conditions of Use

7.1.Use of Sites and Service

GW permits you to view and use a single copy of the Sites for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Sites and/or Service.

7.2.No Violation of Laws

You agree that you will not, in connection with your use of the Sites, Games or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Games, Sites and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

7.3.Misuse of Sites and/or Service

You may not connect to or use the Sites and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Sites and/or Service or otherwise attempt to disrupt the Sites and/or Service or any other person's use of the Sites and/or Service; or (b) attempt to gain unauthorized access to the Sites, Service, Accounts registered to other players, or the computer systems or networks connected to the Sites and/or Service. Furthermore, you may not use the Sites or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Sites and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; or (vi) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).

7.4.No Commercial Uses

You agree that you will not use the Games, the Sites or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Games, the Sites or Service, including, without limitation so-called "gold farming" or "power leveling".

7.5.No Data Mining or Harmful Code

You agree that you will not (a) obtain or attempt to obtain any information from the Service, including without limitation information about your characters, other players, virtual items, or other Games data, using any method not expressly permitted by GW; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Games or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Games, the Sites or the Service.

7.6.No Emulators

Only GW is authorized to host a service that connects to, or interfaces with, the Games. You agree that you will not host, provide matchmaking services for, emulate or redirect communications originating from the Games or the Service. You may not establish an emulated Games environment, and doing so may result in civil and/or criminal liability.

7.7.No Modifications, Cheats, Hacks or Third Party Software

You agree that you will not create, distribute or use any third party software, including without limitation "mods," cheats, addons or hacks, designed to change or manipulate the Service environment, mechanics or user interface. The use of third party voice chat programs in conjunction with the Service is permitted so long as you abide by the terms of the license that governs your use of the chat program. Addons expressly approved by GW, if any, are listed on the Sites.

8. User Content

8.1.Content

"Content" means any communications, images, sounds, and all the material and information that you upload or transmit through the Sites, Games and/or Service, or that other users upload or transmit, including without limitation any forum postings and/or chat text. You hereby grant to us and our licensors, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You agree that you may not upload or otherwise transmit on or through the Sites, Games and/or Service any Content that is subject to any third-party rights.

8.2.Content Screening and Disclosure

We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor and/or record your communications (including without limitation forum postings and/or chat text) when you are playing the Games, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We do not assume any responsibility or liability for Content that is generated by users of the Sites and/or Service. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content (including without limitation chat text) for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this ToU or any other agreement; (c) to protect our legal rights and remedies; (d) where we feel someone's health or safety may be threatened; or (e) to report a crime or other offensive behavior.

9. Ownership

As between you and GW and/or its licensors, GW and/or its licensors own the Sites, Service, the Games, and all virtual assets made available in the Sites, Service and Games, including, without limitation, all Coins (defined below), in-game currency, characters, Accounts, virtual items, consumables, artwork, music, other game assets and data generated by the Service (collectively, "Games Assets"). GW and its licensors reserve the exclusive right to create derivative works based on the Sites, the Service, Games and/or Games Assets. You agree that you will not create any work of authorship or create any derivative works based on the Sites, the Games or the Service except as expressly permitted by GW. Any reproduction or redistribution of the Sites or the Games, or use of the Service not in accordance with the applicable Game EULA and the ToU is expressly prohibited by law, and may result in severe civil and criminal penalties.

10. In Game Items and Currency

10.1. Coins

You may participate in our virtual coin service offerings if you have a valid, active Account Some Games available through the Service have a virtual coin redeemable point system ("Coins") which can be used to license in-game virtual items for that Game through the Service. Coins are sold through the Service and the Sites, either by purchasing Coins online or submitting a pre-paid code for a specific Game through that Game's Site or use of the Service. Information on how to purchase Coins is available on each specific Game Site. Please note that any Coins you obtain through a pre-paid card or other prepaid method of payment will not be usable until such time as you register it online with your Account. GW has the right to, and may, limit the amount of Coins you can purchase or that you can maintain in your Account at any given time. GW may also provide you with Coins as a part of a promotion, or through other means, such as for completing certain quests or achievements through your participation in the Service or GW-sponsored contests or sweepstakes. You agree that you will be solely responsible for paying any applicable taxes related to the acquisition use, or access of Coins. You are solely responsible for verifying that the correct amount of Coins has been added to or deducted from your Account for each Coins transaction.

YOU ACKNOWLEDGE AND AGREE THAT COINS MAY ONLY BE USED IN THE GAME FOR WHICH SUCH COINS WERE PURCHASED. COINS ARE NOT USABLE ACROSS MULTIPLE GAMES AND COINS FOR ONE GAME CANNOT BE EXCHANGED FOR COINS FOR ANOTHER GAME.

10.2. Game Assets; Prohibition on Out of Service Exchange. You hereby acknowledge and agree that:

• YOU HAVE no claim, right, title, PROPRIETARY OR OWNERSHIP interest IN ANY OF THE GAME ASSETS REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR THOSE GAME ASSETS; AND
• GW shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage OR LOSS of any kind CAUSED to ANY OF THE game assets, INCLUDING, BUT NOT LIMITED TO, DELETION OF game assets UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT.

You may obtain certain Game Assets through participating in the Service or through using Coins. Some Game Assets you obtain may have expiration dates, and they will no longer appear in your Account upon the expiration date. You acknowledge and agree that GW may change, modify, "nerf," delete, remove or otherwise alter the appearance, function, use and/or properties of any Game Assets at any time, in its sole discretion.

You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Game Assets, except that you may trade certain in-game items (e.g., armor, weapons, consumables) for other in-game items and/or in-game currency in an in-game transaction expressly permitted by GW to the extent GW makes such in-game transactions available(e.g., an authorized transaction using an in-game auction house or GW-sanctioned in-game item trade between Account holders). For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing any Game Assets (whether or not held by Accounts registered to you) outside of the Service, through a website, or any other medium, or exchanging Game Assets, whether inside or outside the Service, for anything of value outside the Service or in the real world.

10.3. Account Suspension

GW reserves the right to reduce, liquidate, deactivate, suspend or terminate your Account and/or Game Assets (including, without limitation, Coins, housing, characters and guild halls) or access thereto if GW suspects, after investigation, that you have used any aspect of the Service to conduct any fraudulent or illegal activity.

10.4. No Account Transfers/Sales

Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances.

11. Links

11.1. Links from the Sites

The Sites may contain links to websites operated by other parties. GW provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of GW, and GW is not responsible for the content available on the other sites. Such links do not imply GW's endorsement of information or material on any other site and GW disclaims all liability with regard to your access to and use of such linked websites.

11.2. Links to the Sites

Unless otherwise set forth in a written agreement between you and GW, you must adhere to GW's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with GW's and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with GW, (iii) when selected by a user, the link must display the Sites on full-screen and not within a "frame" on the linking Sites, and (iv) GW reserves the right to revoke its consent to the link at any time and in its sole discretion.

12. Notice for Claims of Copyright Infringement

If you are a copyright owner or agent thereof and believe that content posted on the Sites by a GW user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the URL of the location on our website containing the material that you claim is infringing;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent can be reached by mail at: Golden Worlds, EMG, P.O. Box 30838, Phoenix, AZ 85046-0838 USA ATTN: Golden Worlds, EMG Copyright Agent. or by email at copyright@gwemg.com. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

13. Intellectual Property

13.1. Trademarks

Golden Worlds and the Golden Worlds logo are trademarks/service marks of GW. The names and logos of the Games are the trademarks and service marks of the Game licensors as indicated on each Game website. Unauthorized use of any GW or GW's licensors trademark, service mark or logo may be a violation of federal and state trademark laws.

13.2. Copyright

The Sites, Service and Games are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Sites, Service or Games, or individual sections of the content, design or layout of the Sites without GW's express prior written permission.

14. Unsolicited Idea Submissions

Neither GW nor any of its employees and/or contractors accept or consider unsolicited ideas, original creative artwork or other works, including, without limitation, ideas or suggestions for new or improved games or technologies, game or product enhancements, marketing plans or names for new games (collectively "Unsolicited Ideas"). Please do not send your Unsolicited Ideas to GW or its employees and/or contractors. Our policy is aimed at avoiding potential misunderstandings or disputes when GW's products or strategies might seem similar to Unsolicited Ideas that are submitted. If, despite our request that you not send us your Unsolicited Ideas, you still submit your Unsolicited Ideas to us or to any of our employees and/or contractors, then, you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Unsolicited Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Unsolicited Ideas to others.

15. Location

The Sites and the Service are operated by GW in the United States. Those who choose to access the Sites, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

16. Children

17. DISCLAIMER OF WARRANTIES

THE SITE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. GW MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE, THE GAMES AND/OR SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE GAMES, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE SITE, THE GAMES AND/OR SERVICE IS AT YOUR SOLE RISK. GW DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE GAMES AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE, THE GAMES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, THE GAMES OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

18. Limitation of Liability; SOLE AND EXCLUSIVE REMEDY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GW, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE GAMES AND/OR SERVICE, EVEN IF GW AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF GW OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of GW and its affiliates shall be limited to the fullest extent permitted by law.

19. Indemnification

You agree to indemnify, defend and hold GW and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of any breach by you of this ToU, the Rules of Conduct, the EULA for Games you have installed, or any other policies that GW may issue for the Sites and/or Service from time to time.

20. Dispute Resolution and Governing Law

20.1. Negotiations

Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute or claim related to this Agreement ("Claim"), you and GW agree to first attempt to informally negotiate any Claim for at least thirty (30) days (except those Claims expressly excluded in Section 20.6 below). GW will send its notice to the address it has on file to the extent that you have provided additional contact information to GW (e.g. by participating in a promotional or survey, or contacting a customer services representative). Otherwise, GW will send its notice to the email address associated with your Account. You will send your notice to Golden Worlds, EMG, P.O. Box 30838, Phoenix, AZ 85046-0838 USA ATTN: CEO. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.

20.2. Binding Arbitration

If the parties fail to resolve a Claim through negotiations, within such thirty (30)-day period, either you or GW may elect to have the Claim (except as otherwise provided in Section 20.6) finally and exclusively resolved by binding arbitration by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the " JAMS Rules") and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Section 20.2 and the JAMS Rules, the terms in this Section 20.2 will control and prevail.

Except as otherwise set forth in Section 20.6, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and GW may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision is final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND GW ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

20.3. Arbitration Fees

If you initiate arbitration for a Claim, you will only need to pay an arbitration initiation fee of $250 and we will pay all other costs charged by JAMS for initiating the arbitration. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. Notwithstanding Section XIV of this Agreement to the contrary, you will not be required to pay our attorneys' fees or other costs if you do not prevail in the arbitration.

20.4. Location

The arbitration will take place in your hometown area if you so notify GW in your notice of arbitration or within ten (10) days following receipt of GW' arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Phoenix, Arizona, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in Phoenix, Arizona, United States of America, and you and GW agree to submit to the personal jurisdiction of that court.

20.5. Limitations

You and GW agree that any arbitration shall be limited to the Claim between GW and you individually. YOU AND GW AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.

20.6. Exceptions to Negotiations and Arbitration

You and GW agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or GW's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts' jurisdiction in lieu of arbitration.

20.7. Governing Law

Except as otherwise provided in this Agreement, this Agreement shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of Arizona, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Other laws may apply if you choose to access the Game from outside of the United States. In such an event, those local laws shall affect this Agreement only to the extent necessary in that jurisdiction, and this Agreement shall be interpreted to give maximum effect to the terms and conditions in this Agreement. You are responsible for compliance with all local laws if and to the extent local laws are applicable. The New Zealand Consumer Guarantees Act of 1993 (the "Act") may apply to the Games if you access the Games from, and are a resident of, New Zealand. Notwithstanding anything to the contrary in this Agreement, if the Act applies then you may have other rights or remedies as set out in the Act which may apply in addition to or instead of those set out in this Agreement.

20.8. Severability

You and GW agree that if any portion this Section 20 is found illegal or unenforceable (except any portion of Section 20.6), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 20.6 is found to be illegal or unenforceable then neither you nor GW will elect to arbitrate any Claim falling within that portion of Section 20.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Phoenix, State of Arizona, United States of America, and you and GW agree to submit to the personal jurisdiction of that court.

21. General

21.1. TOU Revisions

This ToU may only be revised in a writing signed by GW, or published by GW on the Sites.

21.2. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GW as a result of this ToU or your use of the Service or the Games.

21.3. Assignment

GW may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without GW's prior written consent, and any unauthorized assignment by you shall be null and void.

21.4. Severability

If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

21.5. Attorneys' Fees

In the event any litigation is brought by either party in connection with this ToU, 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.

21.6. No Waiver

Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

21.7. Notices

All notices given by you or required under this ToU shall be in writing and addressed to: Golden Worlds, EMG, 23460 N 19th Avenue, Phoenix AZ 85027 USA ATTN: CEO.

21.8. Export Administration

You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively "Export Controls"). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.

21.9. Equitable Remedies

You hereby agree that GW would be irreparably damaged if the terms of this ToU 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 this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.

21.10. Entire Agreement

This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Sites and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Sites and/or Service; provided, however, that this ToU shall coexist with, and shall not supersede, each applicable Game's EULA.