Table of Contents
- 1 1.0 Welcome to Dying Kingdoms
- 2 2.0 Code of Conduct
- 3 3.0 Intellectual Property
- 4 4.0 Photography and Videography
- 5 5.0 Changes to the TERMS AND CONDITIONS or the Game.
- 6 6.0 Term and Termination.
- 7 7.0 Disclaimers
- 8 8.0 Release
- 9 9.0 Indemnification.
- 10 10.0 DISPUTES.
- 11 11.0 MISCELLANEOUS.
Last Updated February 18, 2012
TO PARTICIPATE IN ANY DYING KINGDOMS LARP LLC EVENT YOU MUST CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO ITS CONTENTS. YOU ARE AWARE THAT THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY AND CONSTITUTES A CONTRACT BETWEEN YOURSELF AND DYING KINGDOMS LARP LLC, ITS OFFICERS, EMPLOYEES, STAFF, MARSHALLS, AFFILIATES, ASSIGNS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “DYING KINGDOMS ” or “DK”).
YOU UNDERSTAND THAT, AS A PRE-CONDITION TO ATTENDING EACH DYING KINGDOMS EVENT IN WHICH YOU WISH TO PARTICIPATE, YOU MUST SIGN A SIGN-IN AGREEMENT AT THE BEGINNING OF THAT EVENT; AND YOU ALSO UNDERSTAND AND ACKNOWLEDGE THAT YOU MUST READ AND AGREE TO THE DYING KINGDOMS TERMS AND CONDITIONS IN ORDER TO PLAY.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ATTEND OR PLAY DYING KINGDOMS EVENTS OR GAMES. IF YOU HAVE ALREADY PAID FOR AN EVENT AND DO NOT AGREE WITH THE DYING KINGDOMS TERMS AND CONDITIONS, NOTIFY DK AND YOUR SITE FEE FOR THAT EVENT WILL IMMEDIATELY BE REFUNDED.
NO REFUND UPON BREACH: There will be no refunds of any game fees of any kind if you breach any of the Dying Kingdoms TERMS AND CONDITIONS or Sign-In Agreement and are asked to leave any Dying Kingdoms event or game for any reason.
1.0 Welcome to Dying Kingdoms
Welcome to the Dying Kingdoms Game (the “Game”). Dying Kingdoms events can include, but are not limited to, Live Action Role Playing, Simulated Combat, and Table Top Gaming. Your participation in any Dying Kingdoms event is subject to the Sign In Sheet incorporated herein by this reference. Everyone that is in attendance at a Dying Kingdoms event and has signed both the Terms and Conditions and Sign in Agreement are henceforth considered Participants at said event. Marshals and Staff are introduced at the beginning of a given event, or on the Dying Kingdoms wiki, as individuals that remain on hand to make rules calls, clarify situations, and introduce adventure elements. They are also the onsite representatives of DK and will enforce the Terms and Conditions when they are broken.
2.0 Code of Conduct
Your use of and participation in the Game is governed by the Dying Kingdoms Code of Conduct. The Dying Kingdoms Code of Conduct must be adhered to by all players. It is your responsibility to know, understand and abide by the Dying Kingdoms Code of Conduct. The following rules are not meant to be exhaustive, and may be modified by Dying Kingdoms at any time. Dying Kingdoms HEREBY RESERVES THE RIGHT TO SUSPEND, TERMINATE, OR MODIFY YOUR ABILITY TO PLAY OR PARTICIPATE, FOR ANY REASON WHATSOEVER, WITH OR WITHOUT NOTICE TO YOU.
A. You may not cheat;(Examples of cheating can be found in the Dying Kingdoms Players’ Guide and include but are not limited to: falsely adjust a character sheet or an item tag, or intentionally falsifying information relating to the game, and/or perform illegal maneuvers as a participant. Dying Kingdoms Marshals and Staff have sole discretion in determining whether an act constitutes “Cheating”.)
B. You may not modify or cause to be modified any of the Dying Kingdoms rules or records in any way not expressly authorized in writing by Staff;
C. You may not publish or republish rules, mechanics, settings, characters, events, storylines, or any other intellectual property belonging to Dying Kingdoms unless expressly authorized in writing by Dying Kingdoms; and
D. You may not violate any applicable law or regulation in connection with your participation in any Dying Kingdoms event.
E. The Dying Kingdoms game and events are restricted to players of eighteen (18) years of age or older. If you are under eighteen and attempt to play at a Dying Kingdoms event, you will be asked to leave and not allowed to return to any future Dying Kingdoms events at the discretion of Staff. DK reserves the right to verify your age at Sign-in by requesting to see a valid, unexpired picture identification proving that you are at least eighteen (18) years of age.
F. Abusive, overly harsh, consistently derogatory, extremely insulting, or intentionally demeaning behavior of any kind will not be tolerated by Dying Kingdoms . This behavior may take the form of emails, verbal or physical expressions, or any other behavior directed at Dying Kingdoms Staff, Marshalls, or Participants. Such behavior will not be tolerated for any reason. If abusive emails or behavior persist from any particular individual that person may be asked to leave Dying Kingdoms events either temporarily or permanently, and they will only be allowed back to Dying Kingdoms events at the discretion of Marshalls and Staff.
G. This is a game of heroes and scoundrels. Villains are not suitable as PCs in the Game. Participants playing PCs should be working together to fight villains, rather than portraying roles whose satisfaction comes from wrecking the story for other players. Villains are therefore the province of the Dying Kingdoms storytellers and NPCs. A character who strays too far into villainy may be retired by Staff storytellers and turned into a villain NPC. If Staff storytellers warn you that your character is becoming a villain, take time to work with Staff storytellers to reexamine your character’s motivations, or retire your PC into an NPC villain.
H. Dying Kingdoms is a cooperative Player Versus Environment (“PvE”) game, not a Player Versus Player game (“PvP”). PvP means actions taken against another PC which would significantly and negatively affect that character’s story arc or interfere with that Participant’s ability to enjoy the Game. If you feel like a PvP action is called for to make the story more interesting or is becoming unavoidable, it is the your responsibility as a Participant to approach Staff, Marshalls, and any other Participants that would be involved in such proposed in-game conflict, and find a satisfactory resolution to the PvP conflict for all parties involved before any PvP action is taken in-game.
I. Due to the sensitive and controversial nature of the subject, the Dying Kingdoms game and events are inappropriate venues to explore character themes and story lines that depict acts of simulated or story-related rape and sexual violence. Any Participant including these themes in their role play will be warned by Marshalls or Staff, and upon a second occurrence, the player may be suspended indefinitely from the Game and future Dying Kingdoms events at the discretion of Marshalls and Staff.
J. Dying Kingdoms Alcohol Policy. DK accepts no responsibility for your adherence or non-adherence to this Policy. You hereby acknowledge and agree to abide by the Dying Kingdoms Alcohol Policy, which is as follows:
(i) No alcohol consumption by anyone under age twenty-one (21).
(ii) No furnishing of alcohol to anyone under the age of twenty-one (21). If you are not sure of someone’s age, play it safe and do not provide them with alcohol.
(iii) No alcohol consumption within one hour before actively participating in physical role-playing or combat activities. For every one unit of alcohol you consume (A standard drink is equivalent to a 5 ounce glass of wine, a 12 ounce regular beer or a 1.5 ounces 80 proof distilled spirits.), you must refrain from simulated combat for cumulative hours equal to the units consumed after said consumption. You must also designate yourself as a non-combatant by wearing an orange headband during this time.
(iv) No alcohol consumption on sites that do not allow the consumption of alcohol. DK will provide advance warning for such sites, at Game Sign Up time.
(v) If you become unruly or disruptive to game play you may be asked to temporarily remove yourself from game at the discretion of Marshalls or Staff. If you do not abide by this Alcohol Policy you may be immediately banned from the Dying Kingdoms event at which you breached this policy, and possibly from future Dying Kingdoms events, at the complete discretion of Marshalls or Staff.
K. Please make all reasonable efforts to respect the wishes of other Participants regarding their desires to be included or excluded from photographs, video, and other recordings; and whether or not they are amenable to being tagged by name in such recordings on the internet (for example, in a photograph posted on a social networking site). If you continually disrespect Participant(s) wishes regarding same, you may be suspended from Dying Kingdoms , or asked to leave a Dying Kingdoms event, by Staff or Marshalls.
3.0 Intellectual Property
3.1. Rights. All rights and title in and to the Game, Dying Kingdoms Players Guide, Dying Kingdoms Marhsalls Guide, event write-ups, and other supplemental materials; including without limitation all written rules, Dying Kingdoms event stories, non-player characters (“NPCs”), DK-purchased objects, lore sheets, DK-created artwork, moral rights, any related documentation, Dying Kingdoms wiki, and Dying Kingdoms web pages; are owned by Dying Kingdoms or its licensors (“Dying Kingdoms Intellectual Property”). Dying Kingdoms Intellectual Property is protected by the copyright, trademark, and other laws of the United States of America, as well as applicable international laws, and does contain certain licensed materials in which Dying Kingdoms ’ licensors may enforce their rights in the event of any violation thereof.
3.2. Use of Dying Kingdoms Intellectual Property.
3.2.1 Derivative Works. Participants may write and publish in public forums derivative works in the Dying Kingdoms world and/or ruleset, if and only if:
(i) Participants clearly attribute the precursor of the work by stating “This is a derivative work based on the copyrighted or otherwise protected Dying Kingdoms Intellectual Property.”
(ii) Participants do not receive nor anticipate receipt of any compensation for the derivative works.
3.2.2 Characters. PCs and their related stories are considered to be derivative works. Participants have complete control over their PCs so long as those PCs are active in the Game (within the constraints of the ongoing story and the Dying Kingdoms ruleset).
(i) Once a PC has been retired and become an NPC, the Participant who created that character hereby agrees and irrevocably grants all applicable rights to Dying Kingdoms such that Dying Kingdoms may use, and profit from such use, in perpetuity and without limitation, that character’s name and background as created by the Participant, and the history of that character within the Dying Kingdoms world; within the context of Dying Kingdoms events and creation of further or future Dying Kingdoms Intellectual Property (including later editions of the Dying Kingdoms rules, Dying Kingdoms stories, or other Dying Kingdoms events). The Participant who created any such used character will get a written credit in any future written publications which mention that character, in an index, foreword, footnote, or other device for accreditation. The Participant may also freely use their retired character’s concept, background story, and/or name in any other LARP game, world, or use, so long as it is not set in the world of Dying Kingdoms , without the written permission of Dying Kingdoms (you may send an email to email@example.com; ATTN: Intellectual Property Permissions to request permission to use a retired NPC in a Dying Kingdoms setting for a use unrelated directly to playing the Dying Kingdoms game).
3.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT NOW, AND WILL NEVER CLAIM, ANY OWNERSHIP OR OTHER PROPERTY INTEREST IN THE Dying Kingdoms INTELLECTUAL PROPERTY.
4.0 Photography and Videography
4.1. Release. YOU HEREBY FOREVER RELEASE DK, Dying Kingdoms , ITS STAFF AND MARSHALLS, from all liability or responsibility regarding photographs, images, or videos that are captured at a Dying Kingdoms event; not including such photographs, recordings, images, or videos posted on a medium or location over which DK has complete control. For example, if a photograph of you is posted on the official Dying Kingdoms Facebook page, official Dying Kingdoms website (www.dyingkingdoms.com), or official Dying Kingdoms Wiki, (http://wiki.dyingkingdoms.com), or any other solely-DK-published materials or location, you may write to any member of Staff and that photograph, video, recording, or image will be removed as quickly as possible. However, you acknowledge and agree that Dying Kingdoms has no control or responsibility for photographs or videos taken or posted by any Participant, third party, or other person.
4.2. Tagging. Dying Kingdoms will not tag or otherwise designate any Participant in a photograph or video by their real life name unless that Participant has specifically beforehand opted in to such tag (via the Sign-In Agreement or other writing), and will make all reasonable efforts to respect the ongoing wishes of people who write an email to Staff perpetually opting-out of photography.
4.3. Advertising and Commercial Use. Dying Kingdoms will ask you for your full written release for any photographs, images, and/or video that Dying Kingdoms would like to use for brochures, the front page of DK-controlled websites, Dying Kingdoms advertisements, and other similarly specific, commercial media.
4.4. Video. Without limiting the foregoing, camera crews and video or digital video cameras are not permitted at Dying Kingdoms events unless expressly allowed by Staff. You must get written approval from Staff at least one (1) week before a Dying Kingdoms event before filming at that event. You may not film any player who does not wish to be filmed and must obtain signed release forms from individuals who are amenable to being filmed. Email firstname.lastname@example.org, ATTN: Video Permission.
5.0 Changes to the TERMS AND CONDITIONS or the Game.
Dying Kingdoms reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Dying Kingdoms game, or content of the Dying Kingdoms game, such changes being effective with or without prior notice; provided, however, that material changes to this TERMS AND CONDITIONS will not be applied retroactively. Changes to the Agreement will not be made mid-game or mid-event, though Staff has the discretion to make policy changes at any time to fit any possible situation and to protect the safety and rights of Dying Kingdoms , Staff, Marshalls, other Participants, third parties, and anyone else. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop participating in Dying Kingdoms Events. Your continued participation in Dying Kingdoms Events following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
6.0 Term and Termination.
This Agreement is effective until terminated.
6.1. Termination by You. You may terminate this Agreement by no longer attending Dying Kingdoms events and ceasing to participate in Dying Kingdoms . In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased access to any Dying Kingdoms event(s). You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement.
6.2. Termination by DK.
6.2.1. Termination for Convenience. Dying Kingdoms may terminate this Agreement and your participation to the Game without notice for any reason whatsoever. If such termination for convenience occurs before a Dying Kingdoms event, but after you have already paid for said event, your event fee for that most recent event only will be refunded. If such termination for convenience occurs after a Dying Kingdoms event has ended and before you have paid any fees for future events, no refunds of any kind will be issued under any circumstances.
6.2.2. Termination for Cause. Dying Kingdoms may terminate this Agreement if:
(i) You breach any part of this Agreement;
(ii) You physically or sexually harass any person while you are participating in a Dying Kingdoms event; or
(iii) You violate any applicable laws while you are participating in a Dying Kingdoms event.
Paragraphs 3.1, 3.2,4.1, 4.3, 6.0, 6.1, 6.2, 6.3, 7.1, 7.2, 8.1, 8.3, 8.4, 8.5, 9.1, 9.2, 9.3, 9.4, 10.1, 10.2, 10.3, 10.4, 11.1, 11.4, 11.5 shall survive termination of this Agreement, in perpetuity.
7.1. Limitation of Liability. IN NO EVENT SHALL THE RELEASEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF AND PARTICIPATION IN Dying Kingdoms EVENTS AND THE Dying Kingdoms GAME. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.2. In no event shall Dying Kingdoms ‘s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Dying Kingdoms during the six (6) months immediately prior to the time such claim arose.
8.1. Assumption of Risk. You acknowledge that you are voluntarily participating in the activity of live action roleplaying (“LARP”) in Dying Kingdoms game and at Dying Kingdoms events. You understand that LARP and the Dying Kingdoms game involves vigorous physical activity that can and will include physical contact from other participants. You understand that LARP involves running, jumping, sitting, standing, and combat with foam weapons, and may involve physical contact with other people. You agree to assume any and all risks of bodily injury, death, or property damage, whether those risks are known or unknown, all risks that arise out of the use of any equipment or game sites, the Dying Kingdoms game itself, the acts of others, or the unavailability of emergency care. YOU ARE AWARE THAT THESE ACTIVITIES ARE HAZARDOUS ACTIVITIES AND THAT YOU COULD BE SERIOUSLY INJURED OR EVEN KILLED.
8.2. Safety. Not limiting any of the foregoing, and without admitting to or taking responsibility for any participant’s or observer’s safety, nor incurring any liability whatsoever if any of the following are not performed, DK will attempt to reduce the risk to players by doing the following:
A. Implement a safety procedure for weapons inspection and site inspection;
B. Have at Dying Kingdoms event-site(s) basic first aid supplies and at least one person trained in basic first aid training, such person not admitting to or acquiring any responsibility or liability for their treatment or non-treatment of injuries or illnesses;
C. Develop and enforce policies and procedures that minimize risk and lead to the safety and enjoyment of all participants and observers; and
D. Purchase the minimum site-required liability insurance for each Dying Kingdoms event, if available.
8.3. Release. You forever release the Dying Kingdoms , the Dying Kingdoms Staff and Marshalls, observers, other Participants, and any other parties present or involved with Dying Kingdoms game and/or events (collectively, the “Releasees”) from any and all actions, claims, or demands that you, your assignees, heirs, distributees, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, or property damage, directly or indirectly related to:
A. Your participation in these activities,
B. the negligence or other accidental action or inaction, whether directly connected to these activities or not, and however caused, by any Releasee, and
C. the condition of the premises where these activities occur.
8.4. Extent of Release. You agree that you, your assignees, heirs, distributees, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release. You indemnify and hold harmless all Releasees from any claims you may now or in the future have in connection with your participation at this and anfuture or past Dying Kingdoms event.
9.1. By you. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE DK RELEASEES FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR PARTICIPATION IN THE Dying Kingdoms GAME AND/OR EVENTS, OR WHICH IN ANY WAY ARISE FROM THE Dying Kingdoms GAME AND/OR EVENTS, OR THIS AGREEMENT, WHICH INCLUDE BUT ARE NOT LIMITED TO DAMAGES TO OR DESTRUCTION OF ANY OF YOUR PROPERTY, PROPERTY OF ANY OTHERS, YOUR INJURY OR DEATH OR OF ANYONE ELSE OR ANY LIABILITY ARISING FROM YOUR ACTIONS, OR NEGLIGENT ACTIONS, OR ANYONE ELSE’S ACTIONS.
9.2. By Dying Kingdoms . Dying Kingdoms hereby agrees to defend, indemnify, and hold you harmless from and against any claim, liability, injury, damage, loss, or expense (including reasonable attorneys’ fees) incurred as a result of, arising from, or relating to the use of any Dying Kingdoms Intellectual Property, payment of Dying Kingdoms game-site fees, payment of Dying Kingdoms taxes, and compliance with applicable laws relating to the formation and governance of the Dying Kingdoms organization in connection with the Dying Kingdoms game and/or events.
9.3. WAIVER. You hereby waive the protection afforded by any statute or law in any jurisdiction including California Code 1542 whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part, that you are releasing unknown future claims.
9.4. You agree to pay for any or all damages to any property or other player while at a Dying Kingdoms event that were willfully caused by you.
10.1. Equitable Remedies. In the event that you breach this Agreement, you hereby agree that Dying Kingdoms would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Dying Kingdoms shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Dying Kingdoms may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
10.2. Dispute Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Dying Kingdoms agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Dying Kingdoms will send its notice to your to the email address you have provided to us. You must send your notice to Dying Kingdoms at: email@example.com, ATTN: Legal Department.
10.3. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of California, without regard to choice of law principles.
10.4. Venue. The parties hereto irrevocably agree to submit all disputes which may arise to the venue of the federal and state courts of the County of Los Angeles, State of California.
11.1. Representatives. The undersigned enters into this agreement for himself/herself, his/her heirs, assigns and legal representatives.
11.2. EMERGENCY TREATMENT CONSENT. You, as a participant in the Dying Kingdoms game, hereby consent to medical treatment in a medical emergency where you are unable to consent to such treatment.
11.3. INSURANCE. You understand that Dying Kingdoms does not carry participant insurance. You are encouraged to have a physical examination and to purchase health insurance prior to any and all participation.
11.4. Force Majeure. Dying Kingdoms is not liable for any injuries, damage, or harm resulting from causes outside the reasonable control of Dying Kingdoms , including without limitation any injuries, damage, or harm due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
11.5. Invalidity. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This TERMS AND CONDITIONS is the complete and exclusive statement of the agreement between you and Dying Kingdoms concerning the Dying Kingdoms game and events, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Dying Kingdoms ; provided, however that this Agreement is in addition to, and does not replace or supplant, the Sign In Agreement or the Code of Conduct. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.