IMPORTANT - READ CAREFULLY: PLEASE BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS, INCLUDING ALL RIGHTS AND RESTRICTIONS, IN THIS AGREEMENT. PART I OF THE AGREEMENT (THE EULA) IS DESCRIBED BELOW, AND IS ALSO PRESENTED UPON INITIAL INSTALLATION OF THE ENCLOSED SOFTWARE (the "Software"). PART II OF THE AGREEMENT (THE RULES OF CONDUCT) SHALL BE PRESENTED UPON INITIAL INSTALLATION OF THE SOFTWARE AND WHENEVER YOU LOGIN TO THE GAME SERVER. BOTH PARTS MAY ALSO BE VIEWED SEPARATELY ONLINE AT HTTP://COMMUNITY.ISTARIA.COM. YOU MUST ACCEPT BOTH PARTS OF THIS AGREEMENT BEFORE INSTALLING THE ENCLOSED SOFTWARE OR OTHERWISE USING THIS PRODUCT. YOU WILL BE ASKED TO REVIEW THE EULA AND THE RULES OF CONDUCT EACH TIME YOU LOGIN TO PLAY THE GAME. YOU MUST ACCEPT OR NOT ACCEPT BOTH PARTS OF THE AGREEMENT AT THAT TIME.
This Agreement (the "Agreement") includes both the EULA (which generally covers the physical CD-ROM itself, the box, its contents and the Game's initial installation routine and general rules) and the Rules of Conduct (which covers the specific rules governing your play of and participation in the Game). The Agreement sets forth all the terms pursuant to which Virtrium LLC and Atari, Inc. and their affiliated companies (collectively, "we" or "us" or "our") offer you ("you" or "your") access to and use of the Software, the Istaria: Chronicles of the Gifted Massively Multiplayer Online Role-playing Game (the "Game"), the CD-ROM Game disc (the "CD-ROM") and any materials accompanying any of the foregoing (the "Documentation"). The Software, Game, CD-ROM and Documentation are collectively referred to as the "Product".
PART I. EULA
By clicking the "I DON'T AGREE" button, you decline our offer and the terms of this Agreement. If you do not accept the terms of this Agreement, you must immediately (1) not install (or uninstall) or use the Software and any other materials associated with the Game, (2) completely delete all copies of the Software and all related files from your computer and (3) promptly return the Software in its protective covering, all other enclosed materials and the original sales invoice to the place of purchase for a refund or exchange, subject to the return policy of the retailer. If you so decline, any refund by the retailer of the price you paid to use the Product will be your sole and exclusive remedy and our sole and exclusive liability in connection with the Product. Except as may be otherwise stated in this Agreement, once you click the "I Accept" button (as described below), you are no longer entitled to any refund in connection with your purchase of the Product.
By clicking the "I AGREE" button, you acknowledge that you have read this Agreement, understand it and agree to be bound by all of its terms and conditions and any amendments thereto. Acceptance of this Agreement, however, does not automatically enable you to play the Game. Instead, by accepting this Agreement and completing the installation process, you are permitted to access the Game's on-line file servers (the "System"). Once on the System, you will need to establish a personal Account (the "Account"). It is only through the establishment of an Account and your earlier acceptance of this Agreement that you may enter the role-playing game world of Istaria and you are entitled to play the Game.
The terms of the EULA and/or Rules of Conduct may be modified by us at any time. You will be notified when you login to play the Game whether there have been any changes to either the EULA or the Rules of Conduct. You are responsible to review any such modifications. By using the Product or playing the Game following any such modifications, you agree to be bound by such modifications. Also, each and every time you access an Account, play, or enter or reenter the Game, you shall accept the terms and conditions of the EULA and Rules of Conduct then in effect.
1. To play the Game, you must (i) download the Istaria: Chronicles of the Gifted Game product, which includes all the initial electronic Software required for the Game, (ii) have a fully-paid and valid Account, (iii) have an Internet connection (which is not provided with the Game or otherwise by us) to access your Account, and (iv) have all the applicable or required hardware and software to operate the Game. In addition to any fees described herein, you are responsible for paying all applicable taxes and for all computer hardware, software, service and other costs you may incur in order to access your Account and otherwise play the Game. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT ONLINE GAMES SUCH AS THE GAME ARE DYNAMIC AND EVOLVE OVER TIME AND, ACCORDINGLY, THE SYSTEM REQUIREMENTS TO PLAY THIS GAME AND/OR TO ACCESS YOUR ACCOUNT MAY CHANGE OVER TIME, AND THAT YOU MAY NEED TO UPGRADE YOUR COMPUTER (OR OBTAIN A NEW SYSTEM) IN ORDER TO KEEP PLAYING. WE ARE NOT RESPONSIBLE FOR ANY COSTS YOU MAY INCUR IN ORDER TO CONTINUE ACCESSING YOUR ACCOUNT OR PLAYING THE GAME.
2. It is necessary to establish an Account with us in order to play the Game. ACCOUNTS ARE AVAILABLE TO ADULT INDIVIDUALS ONLY, or in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they take full responsibility for all user obligations under this Agreement. By clicking the "I Accept" button and providing us with a valid credit card number, you represent that you are an adult and that you are accepting this Agreement, on either your behalf or for your child. You may not transfer or share your Account with anyone, except as expressly set forth in this paragraph and in Paragraph 9. If you are a parent or guardian of a minor, you may permit your child to use the Account instead of yourself. You are liable for all activities conducted through this Account and parents or guardians are liable for the activities of their child. Corporations, associations, partnerships, joint ventures, limited liabilities or other businesses or entities are not eligible to open or procure Accounts.
3. Upon registering for an Account, you must select a password. You may not disclose your password to any third party nor may you allow anyone else to use your Account, except as expressly set forth in paragraph 2. No representative, employee or customer support member will ever ask you for your password, either by telephone or e-mail, and you should not disclose it if asked to do so. You are responsible for safeguarding the confidentiality of your password and you are solely responsible for any damage, harm, lost or deleted characters or items, etc. resulting from your disclosure of your password. You bear sole responsibility for any damage that occurs to your Account, your characters or their in-Game possessions in the event your password is disclosed or you allow someone else access to your Account. WE ARE NOT LIABLE FOR ANY FINANCIAL DAMAGE, EMOTIONAL DISTRESS OR OTHER LOSS YOU MAY SUFFER OR FOR ANY SUBSEQUENT LOSS OR DAMAGE TO YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME POSSESSIONS AS A RESULT OF DISCLOSING YOUR PASSWORD OR ALLOWING A THIRD PARTY TO USE YOUR ACCOUNT.
4. In order to obtain an Account, you also will be required to choose both a login name and a player name. We encourage you to use a pseudonym, especially if you are a minor. You may choose almost any name (subject to our Rules of Conduct "Naming Policy") so long as it does not infringe or violate anyone's trademarks, publicity rights or other proprietary rights. We have adopted a Naming Policy that governs the choice and selection of login names and player names. The current version of the Naming Policy, along with any relevant modifications of your copy, may be viewed online at http://community.istaria.com. We reserve the right to modify this Naming Policy at any time, without prior notice, and we may alter login names and player names in order to comply with this policy. The Naming Policy and its relevant guidelines are incorporated into this Agreement (in Part II: Rules of Conduct) by reference.
5. Fees and billing procedures in connection with your use of the Product are described at http://community.istaria.com (the "Game Website"), which you must read prior to opening an online Account. These fees and billing procedures are incorporated in this Agreement by reference and are subject to change at any time. All fees are stated in U.S. Dollars unless otherwise specified. All fees are prepaid and except as expressly provided herein, are nonrefundable. Upon your acceptance of this Agreement, we have the right to automatically charge your credit card the appropriate Account fees (plus any applicable taxes that we are required by law to collect), and you authorize us to do so. Thereafter, each time your Account comes up for renewal, we have the right to automatically charge your credit card with the then-current renewal fee (plus any applicable taxes), and you authorize us to do so. If we are unable to process your credit card at a renewal period, your Account may be immediately terminated, at our discretion. In the event that we choose to make a prepaid game card or authorization number available (a "key card") within the Game box, the procedures and online game time associated with such a key card will be set forth on the Game Website. We are under no obligation to make a key card available for the Game.
6. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software, or you may terminate your Account at any time through the Account registration system. If you terminate your Account while any subscription time remains, your Account will be closed when the subscription time period ends, and you will not be billed a renewal fee. If you terminate your Account during any subscription cycle, your Account will be closed at the end of the then-current cycle, and you will not be billed again unless you affirmatively reopen the Account. We do not give full or partial refunds for subscription periods that you have purchased. This Agreement will terminate automatically without notice from us if you fail to comply with any provisions of this Agreement. We may terminate this Agreement (including your Software license and your Account) and/or suspend your Account immediately, and without notice, if you breach this Agreement or violate any of the conditions set forth either explicitly or implicitly, or included by reference, in this Agreement. By accepting this Agreement, you acknowledge that it is at our sole discretion to determine whether a breach of this Agreement has occurred and to decide what, if any, appropriate disciplinary action(s) may be taken. Should we choose to terminate this Agreement, you will immediately lose access to the Account and the System for the duration of the suspension and/or the balance of any prepaid subscription time without refund. Additionally, we may terminate this Agreement if we decide, at our sole discretion, to discontinue offering the Game and/or access to our System, in which case we may provide you with a prorated refund of any prepaid subscription amounts remaining. Upon termination of this Agreement, you must destroy and completely delete from your computer, if applicable, any and all copies of the Software and Documentation and any Character Variations (as defined in paragraph 12 below). All provisions of this Agreement as to warranties, disclaimer of warranties, limitation of liability, remedies and damages will survive termination.
7. As an additional condition to this Agreement, you agree to abide by and follow the Rules of Conduct (the "Rules") within Part II: Rules of Conduct. These Rules govern basic player interaction and the flow of activities within the Game and the online role-playing world of Istaria. YOU MUST AGREE TO OBSERVE AND ABIDE BY THESE RULES OF CONDUCT IN ORDER TO PLAY THE GAME. Failure to respect the rights of others while playing the Game is prohibited; serious or repeated violations of these Rules may be regarded as a breach of this Agreement and may result in disciplinary actions being taken against you, up to and including immediate termination of your Account without refund. The Rules are incorporated by reference in this Agreement. A copy of the Rules may be viewed online at http://community.istaria.com. We reserve the right to amend or otherwise change the Rules at any time; you will be notified when you log on if there have been any changes made to the Rules since your last gaming session ended.
8. Within the Rules we have adopted several other policies relating to your play of the Game. These policies cover such subjects as our position on harassment, privacy, Account security, naming and possible disciplinary actions and procedures (among others). We may modify these policies at any time, at our sole discretion. These online gaming policies are incorporated by reference in this Agreement. YOU MUST AGREE TO ABIDE BY THESE POLICIES IN ORDER TO PLAY THE GAME. The current version of these policies, with any relevant modifications, may be viewed online at http://community.istaria.com.
9. Subject to the terms of this Agreement, we hereby grant to you a non-exclusive, non-transferable (except as expressly provided in this paragraph), revocable license to use the Software in the manner described in the Documentation solely in accordance with the terms and conditions of this Agreement. The Software may be used solely in connection with playing the Game (via an Internet connection) using an authorized and fully paid Account. Your license only includes your rights to: (i) install and use the Software on a single computer; (ii) make and maintain one copy of the Software for backup only, provided that both the original and copy of the Software are kept in your possession; (iii) establish a single online Account with the designated service provider in order to play the Game; (iv) subject to this Agreement, permanently transfer all your rights under this Agreement, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials and any upgrades), the recipient reads and accepts this Agreement, and you notify Virtrium LLC (in writing, or by facsimile) at the following address of such transfer with five (5) days of such transfer:
461 W. Apache Trail #117
Apache Junction, AZ 85220
YOU MAY NOT TRANSFER ACCOUNTS OR SUBSCRIPTIONS TO THE GAME, ONLY THE PHYSICAL SOFTWARE AND ACCOMPANYING DOCUMENTATION. WE MAY AMEND THIS AGREEMENT AT ANY TIME AND IN OUR SOLE DISCRETION. Amendments shall be communicated to you at the time you log into your Account. Such amendments will be considered fully effective whenever the notification announcement is made available for your review and if you continue to play the Game after such time.
10. You may not: (i) copy (other than once for back-up) , sell, rent, loan, lease, sublicense, transfer (except as expressly provided in paragraph 9), distribute, publicly display, create derivative works or otherwise commercially exploit all or any portion of the Software; (ii) delete or obscure any copyright, trademark or other proprietary notice on the Software or Documentation; (iii) attempt to reverse engineer, disassemble, decompile, modify or reproduce the Software unless specifically authorized to do so by us or as explicitly allowed hereunder or by applicable law; (iv) transmit the Software from one computer over a network, by telephone or electronically using any means, except as expressly allowed in the course of your network multi-player use of the Software over authorized networks; or (v) use any backup copy of the Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective. Note: The Software may contain licensed management technology that you are prohibited from circumventing and/or disabling. Any attempt to do so will be considered a breach of this Agreement and may subject you to disciplinary actions, up to and including suspension of your Account without refund and immediate banning from the Game and the System.
11. The Product, including the Software, artwork, music and other components included in the Product, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. We retain all rights, title and interest, including, without reservation, ownership of all intellectual property rights relating to, or residing within the Product or System (including, but not limited to, the Software, any Character Variations (as defined in paragraph 12), images, photographs, animations, video, music, text and "applets" incorporated therein, and any printed materials accompanying the Software, code, programs, routines, subroutines, objects, files, data, online characters (including all items, currency, objects, attributes and appearances comprising or associated with the character), Accounts and any and all information uploaded to, downloaded from, accessible through, or associated with the System and the Game, including, but not limited to, all graphics, sound effects, music, animation-style video and text, some or all of which may have been developed by us or provided to us under license from independent content providers (collectively, the "Game Content") and all other aspects of the Product), which are and shall remain, as between you and us, owned by us or our licensors. This includes all updates to and copies of the foregoing as well as any character data contained within or connected to the Game. By accepting this Agreement, you acknowledge that you have not and will not attempt to acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind relating to, in or concerning the Product or the System or any portion or component of either, including, but not limited to, the artwork, music or other components of the Game. This includes the accompanying CD-ROM, the box, the box contents and Documentation, the Game itself or the network System, including, without limitation, any character(s), item(s), coin(s) or other material or property exclusively owned by us.
12. You may not attempt to modify the Software in any way in order to change Game play. This includes, but is not limited to, the use of any sort of game-hacking/altering/cheating software or tools as well as any scripting or macroing tools, hardware or software, whether created by you or obtained from a third party. Should you modify or attempt to modify the Software, we are not responsible for, nor under any obligation to fix, any resulting damage done to your Account files or any denigration of your ability to play the Game. Any unauthorized modification of the Software is grounds for immediate disciplinary action, up to and including cancellation of your Account and permanent banning from the Game. Subject to this Agreement, including, but not limited to the below restrictions, you may modify the appearance or attributes of the Game's online characters and/or their items ("Character Variations"). Your Character Variations: (i) must not contain modifications to any executable file; (iii) must not infringe or violate the rights of any third party, or contain any libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party; (iv) must not contain any trademarks, copyright-protected work or other property of any third party; and (v) may not be commercially exploited by you, including but not limited to making such Character Variations available for sale or as part of a pay-per-play or timesharing service.
13. You may not attempt to play the Game on any server that is not controlled or authorized by us, or our designees, nor may you create, host, link to, use or provide any server emulator or other site where the Game may be played. Any attempt to post or distribute any utilities, emulators or other software tools related to the Game without our express written permission is strictly prohibited.
14. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable ability to control. We cannot, and do not, promise or ensure that you will be able to access your Account whenever and wherever you want. By accepting this Agreement, you acknowledge that there may be extended periods of time when you cannot access your Account and that you will not hold us liable for such periods of System inaccessibility. Failures to access your Account consistent with any standards applicable to the on-line information services industry, interruptions of service caused by scheduled or emergency downtime, needs for maintenance, failures of equipment, computer programs or communications networks or devices, and events beyond our direct and reasonable control shall not constitute our breach of warranty of this Agreement.
15. You may not buy, sell, transfer (except as expressly provided in paragraph 9) or auction (or host, facilitate or act as a broker or intermediary, compensated or otherwise, for others to buy, sell, transfer (except as expressly provided in paragraph 9) or auction) any Account or any online Game characters, items, credits or copyrighted material. This includes all intellectual property owned or controlled by us or our licensors or affiliates. YOU MAY NOT TRANSFER OR ATTEMPT TO TRANSFER ANY OF OUR RIGHTS, TITLE OR INTEREST, IN OR TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE SOFTWARE, THE GAME, THE GAME CONTENTS, OR THE SYSTEM AND ANY SUCH ATTEMPTED TRANSFER SHALL BE VOID AND NOT BE BINDING ON US. THE PROCEEDING NOTWITHSTANDING, ANY NON-SANCTIONED TRANSFER OR ATTEMPTED TRANSFER OF AN ONLINE ACCOUNT SHALL BE ENTIRELY AT THE RISK OF THE PARTIES TO SUCH A TRANSACTION, AND IN NO CIRCUMSTANCES SHALL WE BE HELD RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY ACTS, OMISSIONS, STATEMENTS, REPRESENTATIONS, DEFAULTS OR LIABILITIES OF THE PARTIES CONNECTED TO SUCH A TRANSACTION. THIS DISCLAIMER SHALL BE CONSIDERED INDEPENDENT OF ANY OTHER LIMITATIONS ON LIABILITY SET FORTH HEREIN.
16. By accepting this Agreement, you acknowledge and agree that your Account and all attributes of it, including any and all guilds, groups, titles, online characters (including all objects, currency and items acquired, developed or delivered by or to the character over the course of Game play) and any information downloaded from, uploaded to, accessible from, or associated with the System and the Game, including any Character Variations (see paragraph 12), constitute "Game Content" and that all Game Content is our sole and exclusive property, including any and all copyright and intellectual property rights in, to, or associated with any and all of the same. As such, you agree hereby irrevocably and permanently assign to us any and all right, title and interest you may have, including copyrights, in or to any and all files, data, or information associated with any guild, groups, titles, characters or other attributes of your Account, together with all objects, currency and items acquired, developed or delivered by or to any characters in your Account.
17. Acceptance of this Agreement and establishment of an Account does not entitle you to any subsequent releases of the Software, any expansions or similar ancillary products. Though we may update, modify, or otherwise enhance the Software version you purchased at any time, we incur no obligations to furnish such updates to you pursuant to this Agreement.
18. As the holder of a valid, full-paid Account, you may add content to the System in various forms, such as online messages and chat, and communications in Game-supported chat rooms and similar user-to-user areas (collectively, "User Content"). The following terms and conditions apply to any User Content you create, communicate or post to the System. Your User Content shall not: (i) infringe upon the intellectual property, proprietary, privacy or publicity rights of any third party; (ii) violate any law, rule or regulation or this Agreement or the spirit of it; (iii) be defamatory, indecent, obscene, pornographic or harmful to minors; or (iv) contain any viruses, Trojan horses, worms, disabling code, time bombs, cancelbots or other computer programming or routines that are intended to damage, detrimentally interfere with, monitor, decrypt, intercept or expropriate any system, data or information. We may take any action we deem appropriate with respect to any User Content that we believe, in our sole discretion, may expose us or our affiliates to liability, or otherwise damage our relationship and/or access to ISPs, suppliers, licensors, licensees or other users of the System, Product or Game. As to all User Content, you hereby exclusively grant and irrevocably assign to us all rights of any kind or nature without limitation and including all ancillary and subsidiary rights (such as merchandising and interactive media rights) in any language and media now known or hereafter developed. These rights are granted to us exclusively, perpetually, worldwide, royalty-free and irrevocably, and they may be assigned or fully sublicensed (through multiple tiers) by us. We may exercise all intellectual property rights in, and to, all or any part of any User Content, in any language or any medium now known or hereafter developed, subject only to those restrictions and limitations imposed by or under applicable law. We do not, as a matter of policy, prescreen all User Content nor do we evaluate or bear any risk associated with the accuracy, completeness or usefulness of any Game or User Content; we do, however, reserve the right to remove any User Content at any time which we deem to be harmful, offensive or otherwise in violation of law or this Agreement.
19. We cannot, and do not, ensure privacy regarding any communications you make while online in the Game, whether through private in-game messaging or in open "chat," or in chat rooms. You should never provide any personally identifiable or private information to any other player while in the Game and you acknowledge that we are not responsible for the consequences of any such disclosure by you. Furthermore, you understand that, while we may actively monitor all in-Game communications to order to enforce reasonable compliance with our various gaming policies and the Rules, you may still encounter players, or receive online in-Game communications, you may deem to be insulting, demeaning, offensive, obscene, threatening, or harassing. You are free to, and indeed encouraged, to report any such communications you receive or instances of inappropriate behavior to us. Support can be contacted from the support.istaria.com website. We will investigate all claims and should we determine, in our sole discretion, that there has been a violation of this Agreement, including the Rules, we will take the appropriate and necessary disciplinary actions. As such, you acknowledge that we may need to disclose personally identifiable information to appropriate third parties, law enforcement or other authorized entities if, in our sole discretion, we believe it necessary to investigate problems, answer inquiries, or comply with legal proceedings. You also understand that, by playing our Game and accessing our network System, personally identifiable information and personal communications may be unlawfully intercepted or accessed by third parties. By accepting this Agreement, you acknowledge that YOU HAVE NO EXPECTATION OF PRIVACY IN ANY SUCH ONLINE COMMUNICATIONS AND YOU EXPRESSLY CONSENT TO THE MONITORING OF ANY SUCH ONLINE COMMUNICATIONS YOU SEND AND RECEIVE.
20. WARRANTY DISCLAIMERS
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN PARAGRAPH 21 BELOW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND TITLE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN PARAGRAPH 21 BELOW, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
21. You are aware and agree that use of the Product, including the Software and the CD-ROM on which it is recorded is at your sole risk. The Product is supplied "AS IS." Unless otherwise provided by applicable law, we warrant solely to the original purchaser of the Product that the Product will be free from defects in materials and workmanship under normal use for ninety (90) days from the date of purchase. This warranty is void if the defect has arisen through accident, abuse, neglect or misapplication. If the Product fails to conform to this warranty, you may, as your sole and exclusive remedy and our sole and exclusive liability, obtain a replacement free of charge, or a refund, at our sole discretion, if you return the defective Product. (Follow the Product Return Procedures described in the manual accompanying the Software.) We do not warrant that the Product, its operations or its functions will meet your requirements or produce any desired results, or that the use of the Product will be without interruption or error. We make no promise that the Game or Software will work properly with any peripheral device including, but not limited to, memory card(s), network adaptors and modems. We and/or our suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other potentially harmful components or accuracy of the information, services, Account, Game, content or Software. We cannot and do not promise or guarantee that the operation of the System, your access to the System, or your ability to use the Software will be uninterrupted or error-free. These warranty disclaimers outline your specific legal rights. You may have other legal rights depending upon your jurisdiction.
22. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR LICENSORS OR SUPPLIERS, OR OUR OR THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE HELD LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED (INCLUDING NEGLIGENCE OR PERSONAL INJURY), OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PRODUCT, ON ANY THEORY OF LIABILITY, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE, THE GAME, THE GAME CONTENT, THE USER CONTENT, THE DOCUMENTATION OR ANY OTHER ASPECT OF THE PRODUCT, THE SYSTEM OR THIS AGREEMENT, EVEN IF ANY SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY FOR DAMAGES ARISING OUT OF ANY KIND OF LEGAL CLAIM WITH RESPECT THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE USE OF THE PRODUCT. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST US, OR OUR LICENSORS OR SUPPLIERS, OR OUR OR THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO ENFORCE THE TERMS HEREIN; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE US AND/OR OUR LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. Some states do not allow for the limitation of liability for incidental or consequential damages, so the foregoing limitations of liability may not apply to you.
23. You will indemnify and hold harmless, us and our subsidiaries and affiliates, and our and their directors, officers, employees and agents from and against any and all damages, liability, judgments, expenses, settlements or costs of any kind incurred or suffered in connection with any claim of any kind regarding your play or misplay of the Game, use or misuse of the System or any other act or omission by you in connection with this Agreement or our offer or provision of the Product or System or any portion or component of either, including, but not limited to, any action or inaction by us related to the Rules of Conduct or any provision of this Agreement or your compliance or failure to comply therewith.
24. General Terms and Conditions: This Agreement is governed in all respects by the laws of the United States of America and the State of New York, exclusive of its conflicts of law provisions. The exclusive venue for litigation regarding or arising from this Agreement is New York County, New York and you agree to submit to the jurisdiction of the courts of New York County, New York for any such litigation If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations as set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. This Agreement and all references herein constitutes the entire agreement between you and us with respect to the subject matter herein, and it supersedes all prior or contemporaneous communications or proposals, whether electronic, oral or written, between you and us.
25. We respect the intellectual property rights of others, and require that users of the Software and the Game do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
* Your address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* 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.
Address of Copyright Agent:
461 W. Apache Trail #117
Apache Junction, AZ 85220