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- 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.
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