AGREEMENT OF USE This is a binding legal agreement which governs your use of the Red Orb Zone (tm). By using this online chat and game matching service, you are consenting to be bound by the terms of this agreement. If you do not agree to any of the terms of this agreement, do not make use of this online chat and game matching service. This agreement governs use of, and participation in, all of the services incorporated within the Red Orb Zone. We retain the right to amend this agreement from time to time, and your continued use constitutes your acceptance of such amendments. If you find changes in these terms that are unacceptable in some way, you should discontinue your use. User Guidelines and Rules The Red Orb Zone ("Game Matching Service") is intended to provide you and other purchasers of Red Orb Entertainment (tm) multiplayer products a forum to find participants in Red Orb Entertainment games or discuss topics related to Red Orb Entertainment multiplayer games and other related issues of interest. You are solely responsible for the messages ("Materials") posted by you, through any screen name, including any and all legal consequences of your postings. The Material you post may have legal consequences and may violate the rights of other persons or companies. You agree that you will not use the Game Matching Service for any unlawful or wrongful purpose. Unlawful or wrongful uses include, but are not limited to, reproducing or distributing Material that is (i) copyrighted (except to the extent expressly permitted by the copyright owner), (ii) obscene, (iii) protected by trade secret owned by another, (iv) an invasion of the privacy of others, (v) discriminatory, (vi) defamatory, (vii) commercial in nature, and (viii) not related to the particular topic of the Game Matching Service. You should assume that all Materials available through the Game Matching Service (including comments from other users) are protected by copyright, whether or not they contain a copyright notice, unless an express statement accompanies such Materials indicating that they are in the public domain. WARNING: Parents are solely responsible for any and all supervision of minors. We are not responsible for the content of Materials posted in the Game Matching Service. You agree that we have no obligation to monitor or regulate the Materials posted by you or other users. However, we reserve the right to take appropriate action if we become aware of any use of the Game Matching Service that we believe is unlawful, wrongful or is otherwise inappropriate. You agree not to represent yourself as someone else or as acting on behalf of someone else. You acknowledge that you are of majority or legal age. Other Obligations Since you are responsible for the results of your postings and their consequences, you will protect us and others as follows: you will indemnify and hold us, our officers, directors, employees, agents, sublicensees and assigns harmless from and against any and all claims, damages, losses and liabilities (including reasonable attorneys' fees and court costs) (1) arising out of the publication, distribution, exhibition or other use of the Materials posted by you, or (2) resulting from your or your minor offspring's use of the Game Matching Service. You forever release and waive your right, and that of your minor offspring, assigns and successors, to bring suit against us for injury allegedly arising from the Game Matching Service, the Materials posted by any user, or this Agreement. Disclaimers of Warranties and Liability We do not warrant or guarantee the accuracy, quality, content or legality of any Materials made available through the Game Matching Service. The use, distribution, or publication of any Material does not constitute or imply an endorsement by us of such Material, or of any opinions or comments in such Materials. We disclaim any and all warranties with regard to the Game Matching Service or the Materials, express or implied, including without any limitation any implied warranty of merchantability, fitness for a particular purpose or non-infringement. In no event will we be liable to you or to any party for any damages of any kind arising out of or relating to the content or use of materials or the Game Matching Service, under any legal theory, even if informed of the possibility of such damages. Termination We reserve the right to terminate your access to the Game Matching Service at any time for violation of this Agreement or the law, or as we otherwise deem appropriate. We may discontinue the Game Matching Service at any time. General You agree that this Agreement and any dispute relating to it, the Game Matching Service or any Materials will be governed by and construed in accordance with the laws of the United States and the State of California, as such laws are applied to agreements entered into and to be performed entirely within California between California residents, without regard to conflicts of laws principles. You agree that this Agreement will be enforceable by us and our successors and assigns against you and your heirs, minor successors, and assigns. All references to "we", "us" or "our" in this Agreement are intended to include Broderbund, Red Orb Entertainment and their affiliate entities. This Agreement is the entire agreement between the parties and cannot be amended except in writing.