TERMS OF USE FOR SWCOMBINE� THIS AGREEMENT DESCRIBES THE TERMS UNDER
WHICH SWCOMBINE (COLLECTIVELY, "SWC") OFFERS YOU ACCESS TO AN ACCOUNT
(THE "ACCOUNT") AND THE SERVICE TO ALLOW YOU TO PLAY THE SWCOMBINE
ONLINE FANTASY ROLE PLAYING COMPUTER GAME (THE "GAME"). BY CLICKING THE
"I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY
CLICKING THE "DECLINE" BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU
MUST NOT REGISTER OR USE THE GAME, DELETE ALL RELATED FILES FROM YOUR
COMPUTER. 1. Accounts are available only to adults or, in their
discretion, their minor child of at least thirteen years of age (for the
purposes of this Agreement, a "minor child" is a person of at least
thirteen years of age who has not reached the age of majority under the
law of the jurisdiction in which he or she resides). If you are a minor
child, your parent or guardian must complete the registration process,
in which case he or she takes full responsibility for all obligations
under this Agreement. By clicking the "I Accept" button, you represent
that you are an adult and are accepting this Agreement either on behalf
of yourself or your minor child. You may not transfer or share your
Account with anyone, except that if you are a parent or guardian, you
may permit one minor child to use the Account instead of you (in which
case you may not use that Account). You are liable for all activities
conducted through the Account, and parents or guardians are liable for
the activities of their minor child. Corporations and other entities are
not eligible to procure Accounts. 2. To play the Game, you must: (i)
have a fully registered Account; (ii) have a valid browser; and (iii)
have an Internet connection (which we do not provide or pay for) to
access your Account. In addition to any fees described herein, you are
responsible for paying all applicable taxes (including those we are not
required to collect) and for all hardware, software, service and other
costs you incur to access your Account. Neither this Agreement nor your
Account entitles you to any subsequent releases of the Game and/or the
Software, any expansion packs nor similar ancillary products. You
understand that we may update or otherwise enhance the Game and/or the
Software at any time and in doing so incur no obligation to furnish such
updates to you pursuant to this Agreement. You understand that online
games evolve over time and, accordingly, system requirements to play the
Game may change over time. 3. We may amend this Agreement at any time in
our sole discretion. Amendments shall be communicated to you at the time
you log into your Account. Such amendments shall be effective at the
time you access your Account or play the Game after we make the
notification available for your review. 4. In the Account registration
process, you will be required to choose a login name and a password.
While you are encouraged to use a pseudonym, especially if you are a
minor child, you may not choose a login name that violates anyone's
trademarks, publicity rights or other proprietary rights. You may not
disclose your password to any third party. We never ask you for your
password by email, and you should not disclose it via email if someone
asks you to do so. There may be an additional charge to reissue lost
passwords. Although we may offer a feature that allows you to "save" or
"remember" your password on your hard drive, please note that third
parties may be able to access your computer and thus your Account. 5. We
describe our fees for playing the Game and billing procedures related to
the Account on the web at a hotlink located swcombine.com ("the Game
Site"). The Game is free of charge and you will not be billed. If you
terminate your Account at anytime, your Account will remain available
for as long as we deem necessary. 6. We may terminate this Agreement
and/or suspend your Account immediately and without notice: (i) if you
violate any provision of this Agreement; (ii) if you infringe any third
party intellectual property rights; (iii) if we are unable to verify or
authenticate any information you provide to us; (iv) if you violate any
of the player rules of conduct located at the Game Site rules of conduct
(which we may amend or supplement from time to time, in our discretion),
or (v) if you engage in game play, chat or any player activity
whatsoever which we, in our discretion, determine is inappropriate
and/or in violation of the spirit of the Game. If we terminate this
Agreement or suspend your Account under these circumstances, you will
lose access to your Account for the duration of the suspension. We may
also terminate this Agreement if we decide, in our sole discretion, to
discontinue offering the Game. 7. You acknowledge that you are bound by
the terms and conditions of the Software License and Limited Warranty
that accompanies the Game. You acknowledge and agree that you have not
and will not acquire or obtain any intellectual property or other
rights, including any right of exploitation, of any kind in or to the
software, artwork, music, and other components included in the Game
Site, including, without limitation, in any character(s), item(s),
coin(s) or other material or property. You may not use any third party
software to modify the Software or to change game play. You may not
create, facilitate, host, link to or provide any other means through
which the Game may be played by others, such as through server
emulators; additionally, you may not engage in matchmaking for
multi-player play over unauthorized networks. You may not decrypt or
modify any data transmitted between client and server; you may not use
or distribute macros or other programs which would allow unattended game
play. You may not take any action which imposes an unreasonable or
disproportionately large load (as determined by us) on our
infrastructure. You may not buy, sell or auction (or host or facilitate
the ability to allow others to buy, sell or auction) any Account or any
Game characters, items, credits or copyrighted material or any other
intellectual property owned or controlled by us or our licensors. 8. As
part of your Account, you can upload content to our servers in various
forms, such as in the selections you make for the Game, in-game posts
and chat, and in chat rooms and similar user-to-user areas
(collectively, your "Content"). If we, or our licensors, can reasonably
construe that your Content contains any material that infringes any of
our respective or collective intellectual property interests (hereafter,
such Content shall be referred to as "Derivative Content"), you hereby
acknowledge and agree that any such Derivative Content is owned by our
licensors or us. For any of your Content that is not a Derivative
Content, you hereby non-exclusively grant and irrevocably assign to our
licensors and us all rights of any kind or nature throughout the
universe to such Content (including all ancillary and subsidiary rights
thereto which include, without limitation, merchandising and interactive
media rights) in any languages and media now known or not currently
known. To the extent that any of the rights assigned herein cannot
presently be assigned under applicable law, you hereby exclusively grant
to our licensors and us a universal, perpetual, irrevocable,
royalty-free, sublicenseable (through multiple tiers) right to exercise
all rights of any kind or nature associated with your Content, and all
ancillary and subsidiary rights thereto, in any languages and media now
known or not currently known. You hereby appoint our licensors and us as
your attorney-in-fact, which appointment is coupled with an interest and
is irrevocable, to act on your behalf (either jointly or separately) and
to execute, deliver, record and file such documents necessary to
document, perfect, protect and enforce the rights granted to both our
licensors and us under this Agreement. Your Content shall not: (i)
infringe any third party intellectual property, other proprietary or
publicity/privacy rights; (ii) violate any law or regulation; (iii) be
defamatory, obscene, child pornographic or harmful to minors; or (iv)
contain any viruses, trojan horses, worms, time bombs, cancelbots or
other computer programming routines that are intended to damage,
detrimentally interfere with, decrypt, intercept or expropriate any
system, data or personal information. We may take any action with
respect to your Content if we believe it may create liability for our
licensors or us or may cause us to lose (in whole or in part) the
services of our ISPs or other suppliers. 9. We cannot ensure that your
private communications and other personally identifiable information
will not be disclosed to third parties. For example, we may be forced to
disclose information to the government or third parties under certain
circumstances, or third parties may unlawfully intercept or access
transmissions or private communications. Additionally, we can (and you
authorize us to) disclose any information about you to private entities,
law enforcement or other government officials as we, in our sole
discretion, believe necessary or appropriate to investigate or resolve
possible problems or inquiries. For persons in European Union countries,
terms such as "personal information" refer to "personal data" as defined
by the Directive 95/46/EC of the European Parliament and of the Council
of 24 October 1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data (the
"Directive"). We will not collect any personal data from you unless you
provide it voluntarily by providing us with your freely given specific
and informed consent. You acknowledge and agree that we may transfer
such information (including, without limitation your personally
identifiable information or personal data) to the United States or other
countries or may share such information with our licensees and agents in
connection with the Game; you should be aware that different laws and/or
regulations may apply outside the European Union with respect to your
personal data. Furthermore, if you request any technical support, you
consent to our accessing of any information required for purposes of
support and debugging. You agree that we may communicate with you via
email and any similar technology for any purpose relating to the Game,
the Software and any services or software which may in the future be
provided by us or on our behalf. You may choose to visit the Game Site,
if SWC offers services such as a Game themed chat room or other services
of interest to you. You are subject to the terms and conditions, privacy
customs and policies of SWC while on the Game Site. Since we do not
control other web sites and/or privacy policies of third parties,
different rules may apply to their use or disclosure of the personal
information you disclose to others. Solely for the purpose of patching
and updating the Game and/or the Software, you hereby grant us
permission to: (i) upload Game file information from your computer; and
(ii) download Game files to you. You acknowledge that any and all
character data is stored and is resident on our servers, and any and all
communications that you make within the Game (including, but not limited
to, messages solely directed at another player or group of players)
traverse through our servers, may or may not be monitored by us or our
agents, you have no expectation of privacy in any such communications
and expressly consent to such monitoring of communications you send and
receive. The Combine uses a third-party advertising company (Google) to
serve ads when Users visit the website. Google uses the DART cookie to
use information (not including a User�s name, address, email address, or
telephone number) about Users visits to this and other websites in order
to provide advertisements about goods and services of interest to Users.
Further information about this practice and to information on how to opt
out of the Google DART cookie can be found by visiting this site:
http://www.google.com/privacy_ads.html. 10. SWC EXPRESSLY DISCLAIMS ALL
WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal rights which
vary from state to state. 11. WE DO NOT ENSURE CONTINUOUS, ERROR-FREE,
SECURE OR VIRUS-FREE OPERATION OF THE SOFTWARE, THE GAME, YOUR ACCOUNT
OR CONTINUED OPERATION OR AVAILABILITY OF ANY GIVEN SERVER. FURTHER, WE
CANNOT AND DO NOT PROMISE OR ENSURE THAT YOU WILL BE ABLE TO ACCESS YOUR
ACCOUNT WHENEVER YOU WANT, AND THERE MAY BE EXTENDED PERIODS OF TIME
WHEN YOU CANNOT ACCESS YOUR ACCOUNT. YOU ASSUME THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND THE GAME IN CONNECTION
WITH YOUR HARDWARE, AND YOU ASSUME THE ENTIRE COST OF ALL SERVICING,
REPAIR AND/OR CORRECTION OF YOUR HARDWARE. WE ARE NOT LIABLE FOR ANY
DELAY OR FAILURE TO PERFORM RESULTING FROM ANY CAUSES BEYOND OUR
REASONABLE CONTROL. 12. IN NO EVENT SHALL SWC, ITS LICENSORS, THEIR
PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE
LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING,
INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT,
THE SOFTWARE, THE GAME OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION,
DAMAGE TO PROPERTY AND � TO THE EXTENT PERMITTED BY APPLICABLE LAW �
DAMAGES FOR PERSONAL INJURY, EVEN IF SWC, ITS LICENSORS OR THEIR PARENTS
OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE LIABILITY OF
SWC, ITS LICENSORS OR ANY OF THEIR PARENT OR AFFILIATED COMPANIES TO YOU
OR ANY THIRD PARTIES IS LIMITED TO $0. YOU AGREE TO WAIVE ANY RIGHT TO
EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF
AGAINST SWC, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER,
THE FOREGOING SHALL NOT PRECLUDE SWC AND/OR ITS LICENSORS FROM SEEKING
ANY INJUNCTIVE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING
LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU. 13. You shall
comply with all applicable laws regarding your use of the Software, your
access to your Account and your playing of the Game. Without limiting
the foregoing, you may not download, use or otherwise export or
re-export the Software except in full compliance with all applicable
laws and regulations. If you program for the Game your code will become
the property of SWCOMBINE� and with your participation you automatically
accept this condition. You may reuse the code that you wrote yourself
for other projects, but you may not copy the code other programmers
contributed to the Game for other projects, without specific approval
from head administration, with the exception of minor, small, code
snippets that are not highly original. Also, for as long as you work for
the Game you may not contribute to other Star Wars themed online games
without the approval of the SWCOMBINE� head administration. This does
not extend to playing such games, but covers roles comparable to a
developer, programmer, administrator, assistant, or team leader/member
in the SWCOMBINE� team. For games with other themes that have a high
resemblance to the Game, in total or in particular areas, the same may
apply; we ask you to consult the SWCOMBINE� head administration first
before you become active in such a project. If you submit artwork that
is accepted for the Game your artwork will become the property of
SWCOMBINE� and with your participation you automatically accept this
condition. You may reuse the artwork that you created yourself for other
projects, but you may not copy the artwork other artists contributed to
the Game for other projects, without specific approval from the current
SWCOMBINE� ART DIRECTOR, with the exception of custom images in game.
Also, for as long as you work for the Game you may not contribute to
other Star Wars themed online games without the approval of the current
SWCOMBINE� ART DIRECTOR. This does not extend to playing such games, but
covers roles comparable to an art team leader/member in the SWCOMBINE
team. For games with other themes that have a high resemblance to the
Game, in total or in particular areas, the same may apply; we ask you to
consult the current SWCOMBINE ART DIRECTOR first before you become
active in such a project. You also may not link SWCOMBINE� artwork to
any other game without the approval of the SWCOMBINE� ART DIRECTOR. 14.
If any provision of this Agreement is held to be invalid or
unenforceable under the laws of your jurisdiction, such provision shall
be struck and the remaining provisions shall be enforced � nothing
herein is intended to interfere with your statutory rights except to the
extent permitted under applicable law. Our failure to act with respect
to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. You may not assign or
transfer this Agreement or your rights hereunder, and any attempt to the
contrary is void. This Agreement sets forth the entire understanding and
agreement between you and SWC with respect to the subject matter hereof.
Except as provided herein, this Agreement may not be amended except in a
writing signed by both parties. 15. If you have any questions regarding
your Account or play of the Game, please contact SWC technical support
at techsupport@swcombine.com. Parental control protections (such as
computer hardware, software, or filtering services) are commercially
available that may assist you in limiting access to material that is
harmful to minors. If you are interested in learning about these
protections, information is available at www.safetysurf.com or other
similar sites providing information on such protections.
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