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AGREEMENT BETWEEN USER AND LIVE GAMES NETWORKLive Games Network is comprised of various Web pages operated by Live Games Network. Live Games Network and the associated games on the site engine are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Live Games Network constitutes your agreement to all such terms, conditions, and notices. PREAMBLELive Games Network is a provider of interactive adventure games that are solely intended for recreation and fun. Game participants must play the games consistent with that spirit, and must follow the rules of the games and conduct themselves in a respectful and lawful manner at all times. The scenarios and scenes created by Live Games Network, whether virtually or physically staged, are wholly fictional and involve fictional names and events created and staged by Live Games Network solely for the purpose of the player's enjoyment. The elements of the games are not intended to resemble real persons or events, and if they do, that is by pure coincidence. MODIFICATION OF THESE TERMS OF USELive Games Network reserves the right to change the terms, conditions, and notices under which the Live Games Network is offered, including but not limited to the charges associated with the use of Live Games Network. Subscriber Main InformationOur subscriber's database is a private database for use by and for subscribed users only. A subscribed user is defined as one with a unique user id and one unique password registered for one individual. If you are found to share passwords and/or user accounts with any non-licensed users, other people or subscribers, we retain the right to revoke your account(s), subscriptions(s), and password(s) without notice or refund. The contents of Live Games Network (including without limitation all database information), and all elements that are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of Live Games Network. You will not use or attempt to use, and will cause each party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, or intelligent agents) to navigate or search Live Games Network other than the search engine, search agents, and email notifications available from Live Games Network or authorized sponsor(s) of Live Games Network and other generally available third-party web browsers. You will not attempt to violate the security of Live Games Network by any means, including without limitation, crashing the site by means of denial-of-service or similar attacks, and submitting a virus, attempting to interfere with other users and accessing data not intended for you. Live Games Network makes no guarantees and assumes no responsibility for the content of the site created by subscribers and the conduct of its subscribers. You agree to indemnify Live Games Network, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this agreement or from your provision of any material to Live Games Network, including but not limited to claims of breach of third-party intellectual property rights. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER THE IMMEDIATELY PRECEDING PARAGRAPH, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND / INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA / ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. MOREOVER, LIVE GAMES NETWORK MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE TRANSACTION WHICH IS THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY YOU OR SPONSOR(S) OR YOUR COMPANY TO LIVE GAMES NETWORK UNDER THIS AGREEMENT. LINKS TO THIRD PARTY SITESThe Live Games Network Web Site may contain links to other Web Sites. Linked sites are not under the control of Live Games Network and Live Games Network is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Live Games Network is not responsible for web casting or any other form of transmission received from any linked site. USE OF COMMUNICATION SERVICESThe Live Games Network Web Site may contain bulletin board services, chat areas, news groups, forums, communities, profiles, calendars, and/or other message or communication facilities designed to enable you to communicate with other players or with a group (collectively, Communication Services), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: * Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. * Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. * Upload files to the Live Games Network system that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. * Upload files to the Live Games Network system that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. * Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service unless authorized by Live Games Network. * Conduct or forward surveys, other sweepstakes contests, pyramid schemes or chain letters. * Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. * Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. * Restrict or inhibit any other user from using and enjoying the Communication Services. * Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. * Harvest or otherwise collect information about others, including e-mail addresses, without their consent. * Violate any applicable laws or regulations. Live Games Network have no obligation to monitor the Communication between two parties. However, Live Games Network reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Live Games Network reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Live Games Network reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Live Games Network's sole discretion. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. LIABILITY DISCLAIMERTHE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH LIVES GAMES NETWORK WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIVE GAMES NETWORK AND/OR ITS SPONSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LIVE GAMES NETWORK WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE LIVE GAMES NETWORK WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. LIVE GAMES NETWORK AND/OR ITS SPONSOR(S) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LIVE GAMES NETWORK WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIVE GAMES NETWORK AND/OR ITS SPONSOR(S) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVE GAMES NETWORK AND/OR ITS SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LIVE GAMES NETWORK WEB SITE, WITH THE DELAY OR INABILITY TO USE THE LIVE GAMES NETWORK WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LIVE GAMES NETWORK WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LIVE GAMES NETWORK WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN LIVE GAMES NETWORK OR ANY OF ITS SPONSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. COPYRIGHT AND TRADEMARK NOTICES:All contents of Live Games Network, stories, games and characters are owned by Live Games Network of New York, NY USA. All rights reserved. TRADEMARKSThe names of actual companies and products mentioned herein may be the trademarks of their respective owners. Some example companies, organizations, products, people and events depicted herein may be fictitious for presentation purposes. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Providers Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE ANY RESPONSE. Please contact info (at) livegamesnetwork.com if you have any legal questions or issues. Live Games Network, New York, NY 10013 REFERRAL PROGRAM
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