This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Ekkorr. Ekkorr may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
11.2. Supplemental Policies
Ekkorr may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
11.3. Entire Agreement
If there is any conflict between the Terms of Service and any other rules or instructions posted elsewhere, Ekkorr shall resolve the conflict in its sole discretion.
If any court or other competent authority finds any of the terms of the Terms of Service to be invalid or unenforceable, the other terms will not be affected.
11.4. No Waiver
The failure of Ekkorr to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Ekkorr.
11.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Ekkorr are of a unique and irreplaceable nature, the loss of which shall irreparably harm Ekkorr and which cannot be replaced by monetary damages alone so that Ekkorr shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Ekkorr game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 8 (if any).
11.7. Force Majeure
Ekkorr shall not be responsible or do not have any liability for any delay or failure to perform to the extent required due to unforeseen circumstances or causes beyond reasonable control of Ekkorr, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, acts of a public enemy, error in the coding of electronic files, Internet or other network "brownouts" or failures, power failures, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
11.8. Withdraw Consent
If you no longer wish to use our Services, you may withdraw your consent.
You shall contact us at firstname.lastname@example.org to withdraw your consent.
When Ekkorr receive an e-mail that requests a withdrawal of the consent, Ekkorr shall accept the request by processing the withdrawal within a reasonable timeframe.
When the request is accepted, you shall not use the Services, and all the personal digital records of the account will be destroyed within a reasonable timeframe.
However, Ekkorr may retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.