TerraOutlands, an on-line community of volunteer game players, offers access to interactive virtual environments and multi-player Internet games, including email and newsgroups, through its system to its subscribers. TerraOutlands does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These Terms of Service set forth the basic rules which apply to TerraOutlands' services and use of its system. TerraOutlands may change these Terms of Service in the future upon notice published on-line or otherwise provided by TerraOutlands.
BY USING TERRAOUTLANDS SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ON-LINE OR OTHERWISE AVAILABLE FROM TERRAOUTLANDS FROM TIME TO TIME.
If the Terms of Service, TerraOutlands services, system, or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section labeled "Termination and Suspension" below.
TerraOutlands system and services may only be used for lawful purposes and in a manner which TerraOutlands believes, in its sole discretion, to be consistent with the rights of other TerraOutlands subscribers and third parties. While TerraOutlands is not responsible for the content of newsgroups or other information produced by its subscribers, content produced by subscribers must conform with all laws and must not infringe the rights of any third party. TerraOutlands services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, TerraOutlands services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory.
CHANGES TO SERVICE
The services provided by TerraOutlands and the TerraOutlands system are expected to change from time to time. TerraOutlands reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as game features, and system hardware and software.
CONSENT TO MONITOR
When running, the game may monitor your computer's memory and/or CPU processes for third party programs running concurrently that, in the opinion of Terra management, enables or facilitates cheating of any type; allows users to modify the game interface, environment, memory variables, or game experience in any way not expressly authorized by Terra management. The game may communicate such information back to Terra management, including without limitation your account name, details about the third party software in use, and the time and date of the unauthorized usage, and exercise any or all of its rights under this agreement, with or without prior notice to the user.
When running, the game may also send to the server certain information about your computer and its operating system and environment, including but without limitation information about your hard drives, central processing unit, IP addresses, Ethernet hardware addresses, graphics adapters, and operating system version, for purposes of improving the game and to police and enforce the provisions of this Terms of Service agreement.
TERMINATION AND SUSPENSION
Either subscriber or TerraOutlands may, at its sole discretion, terminate the subscriber's account at any time with or without reason. TerraOutlands also may, at its sole discretion, suspend a subscriber's account at any time with or without reason.
TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE.
TerraOutlands may delete all game stats and player's records upon termination. Provisions set forth below in the sections entitled "Software", "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination.
As a courtesy to subscribers, TerraOutlands will occasionally redistribute software provided by its subscribers to other subscribers. TerraOutlands is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software.
TERRAOUTLANDS MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS. TERRAOUTLANDS ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM USE THEREOF. SUBSCRIBER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER AND NOT TERRAOUTLANDS MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM AGAINST TERRAOUTLANDS WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH TERRAOUTLANDS.
NO WARRANTY; LIMITATION OF LIABILITY
USE OF TERRAOUTLANDS SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. TERRAOUTLANDS DOES NOT WARRANT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT TERRAOUTLANDS SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES TERRAOUTLANDS MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. TERRAOUTLANDS SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL TERRAOUTLANDS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, TERRAOUTLANDS WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF TERRAOUTLANDS SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH TERRAOUTLANDS SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF TERRAOUTLANDS TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO TERRAOUTLANDS NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO TERRAOUTLANDS DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
The subscriber agrees to indemnify and hold harmless TerraOutlands, its directors, officers, shareholders, agents, employees (if any as this is a volunteer organization) and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account.
Subscriber's account and right to use TerraOutlands services and system is not transferable without TerraOutlands consent. Subscriber agrees to protect its password, software ID, and account and to keep them secure from unauthorized users and use.
TerraOutlands makes a best effort to ensure that its system or stored data of a subscriber will be free from unauthorized intrusion. As a rule we store no more than the subscribers name, e-mail address and, in some cases, a contact phone number. As this is a free system we do not acquire or store any financial information of any kind. We may, from time to time, and as we see fit, choose to mail our subscriber base with pertinent information regarding this system.
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of TerraOutlands. These Terms of Service shall be governed by and interpreted in accordance with the laws of British Columbia, Canada, without regard to choice of law principles. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.
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TerraOutlands.com, the TerraOutlands.com logos, Terra: Battle for the Outlands, and the Terra logos are trademarks and/or registered trademarks of TerraOutlands.com. All other trademarks are the properties of their respective owners.