End user agreement for Hostile Space
By using ANY HOSTILESPACE.COM © WEB SITES or any INTERADVENTURE INC.© products and services (collectively "Services"), you agree to the following Terms of Service ("Terms of Service"). Please read them carefully.
Summary of Terms of Service
A. You agree to provide, or you acknowledge that you have provided, true and correct information about yourself in the HostileSpace.com customer registration form and that you are at least 18 years of age or that you have the approval of a guardian or parent to accept this Agreement.
B. You agree not to use any HostileSpace.com Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another.
C. You agree not to use any HostileSpace.com Services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of messages or use any HostileSpace.com services to collect or harvest personal information about other users.
D. You agree to use the Service “as is” and “as available”.
E. You agree that HostileSpace.com may in its sole discretion terminate your account if it believes you have in any way violated the Terms of Service.
F. You agree to report any violations of the Terms of Service to firstname.lastname@example.org and any problems or “bugs” to email@example.com.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The HostileSpace.com Services are operated by InterAdventure Inc., and are provided to you (the "User") under the terms and conditions of these Terms of Service and any amendments thereto and any operating rules or policies that may be published from time to time by HostileSpace.com or InterAdventure Inc. By accessing or using this site, which includes your access to or use of any of the Services, you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, you may not access or use the site, materials, or any of the Services. By using the Services, you are agreeing to be bound by these Terms of Service.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO THE TERMS AND CONDITIONS SET FORTH BY INTERADVENTURE INC. AND HOSTILESPACE.COM
II. DESCRIPTION OF SERVICES
HostileSpace.com agrees to provide User access to the use of HostileSpace.com games and those message boards, chat rooms, software and graphics libraries, games and other computer or World Wide Web services which HostileSpace.com may occasionally offer under and subject to the terms and conditions in this Agreement and any additional terms set forth in the documentation of any games/product that are made available by HostileSpace.com. To use the HostileSpace.com Services, User must: a. provide for User's own access to the World Wide Web and pay any service fees associated with such access, and b. provide all equipment necessary for User to make such connection to the World Wide Web, including a computer and modem. User acknowledges and understands that HostileSpace.com is not obligated to provide assistance, including any technical or customer support, to the User, and that your use of the Services is of your own volition.
III. USER'S REGISTRATION AND PAYMENT OBLIGATIONS
In consideration of use of the HostileSpace.com Services, User agrees:
a. to provide true, accurate, current and complete information about User as prompted by the Customer Registration form including methods of payment;
b. to ensure payments are received by HostileSpace.com on a timely basis either electronically or by postal service. User understands that failure to pay usage fees and any other fees that have accrued to User’s account will result in suspension of the User’s account until such time as payment is received by HostileSpace.com. Failure of electronic banking services or postal services to deliver payment in a timely basis will not excuse User from suspension;
c. NOT to use any name that, in the opinion of HostileSpace.com, is considered to be invalid and agrees to change it prior to being allowed access and
d. to maintain and update this information to keep it true, accurate, current and complete. Information about a User shall be referred to as "User Data." If any information provided by User is untrue, inaccurate, not current or incomplete, HostileSpace.com has the right to terminate User's account and refuse any and all current or future use of the HostileSpace.com Services by User.
User acknowledges and understands that the use of another person’s credit card or other form of electronic payment method without that person’s express permission and consent is considered a crime punishable by law. If HostileSpace.com suspects that any user has illegally or unlawfully used another person’s credit card or electronic payment method, that User’s account will be suspended and all information pertaining to that transaction will be turned over to the proper authorities for prosecution to the fullest extent of the law.
IV. USE OF USER DATA
HostileSpace.com will not disclose billing information or account access information except as authorized by User or User's legally authorized representative or as required by law or legal process, or as set forth in Paragraph VI below. If you prefer not to receive any offers or other email information, please inform firstname.lastname@example.org.
V. MODIFICATION OF TERMS OF SERVICE
HostileSpace.com may change the Terms of Service from time to time. Users MAY be notified of any such changes by a startup screen describing the changes. By clicking on the "I Accept" button that follows the posted changes, User agrees to be bound by the modification to the Terms of Service. If User does not click the "I Accept" button, User will not be allowed to use the HostileSpace.com Services.
Please note that any non-personal information or material sent to HostileSpace.com will be generally be deemed NOT to be confidential. HostileSpace.com considers any and all messages transmitted via the HostileSpace.com Services to be PUBLIC communication between the USERS. User agrees HostileSpace.com may monitor any transmission and may do so:
a. as required by law;
b. to comply with legal process;
c. as necessary to enforce this license;
d. to respond to claims that a USER violated the rights of third-parties; or
e. to protect the rights or property of HostileSpace.com or others.
User acknowledges, understands and agrees that HostileSpace.com does not endorse the content of any User communications and HostileSpace.com is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous or otherwise objectionable content, or content that infringes or may infringe upon the intellectual property or any other rights of another. Notwithstanding the above, HostileSpace.com has the right to suspend the account of any User that in the sole discretion of HostileSpace.com has done anything it deems to be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous or otherwise objectionable in content, or content that infringes or may infringe upon the intellectual property or any other rights of another.
VII. MEMBER ACCOUNT, PASSWORD, AND SECURITY
User will receive a password upon completing the customer registration process. User is responsible for maintaining the confidentiality of their password and account, and is fully responsible for all activities that occur under User's password or account whether or not actually or expressly authorized by User. User agrees to immediately notify HostileSpace.com at email@example.com of any unauthorized use of User's password or account or any other breach of security including any solicitation by any person of User’s personal account information.
VIII. MEMBER CONDUCT
User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the HostileSpace.com Services, and agrees not to interfere with the use and enjoyment of the HostileSpace.com Services by any other user or users. User agrees to be solely responsible for the contents of User's transmissions through the HostileSpace.com Services.
a. not to use the HostileSpace.com Services for illegal purposes;
b. not to interfere with or disrupt any HostileSpace.com Services or servers or network connected to the HostileSpace.com Services;
c. to comply with all requirements, procedures, policies and regulations of networks connected to the HostileSpace.com Services;
d. to comply with all applicable laws regarding the transmission of data exported from the United States;
e. not to post or transmit through the HostileSpace.com Services any unlawful, harassing, libelous, defamatory, privacy invading, abusive, threatening, harmful, vulgar, obscene, sexually explicit, profane, obscene, indecent, hateful, discriminatory, inappropriate, infringing or otherwise objectionable material or information of any kind, including, without limitation, material that encourages unlawful conduct or violates the legal rights of others. User agrees not to post or transmit any material that violates the rights of another, including, but not limited to, the intellectual property rights of another;
f. not to transmit any material that violates any applicable local, state, national, or international law or regulation;
g. not to attempt to gain unauthorized access to other computer systems or networks connected to the HostileSpace.com Services;
h. not to use any software which, at its sole discretion, HostileSpace.com deems inappropriate or gives any User any advantage over any other User of the Service;
i. to use ONLY the unadulterated HostileSpace.com client software to access the Service;
j. not to attempt to gain access to another User’s password or account;
k. not to impersonate or create a false identity of any person, including but not limited to, a HostileSpace.com employee, director, agent, official or host;
l. not to transmit "junk mail," "spam", "chain letters", or unsolicited mass distribution of commercial or non-commercial messages;
m. to immediately notify HostileSpace.com of any unauthorized use of User’s password and/or account or any other breach of security;
n. not to use HostileSpace.com Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
o. to immediately accept any decision of any GM while using the Service;
p. not to transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; and
q. not to interfere with another user's use and enjoyment of HostileSpace.com Services or another individual's or entity's use and enjoyment of similar services.
If HostileSpace.com believes, in its sole discretion, that you have engaged in any of the foregoing conduct either by omission or commission, HostileSpace.com may, (i) terminate or suspend your account or use of the Services; and/or (ii) forward the offensive materials, your communications with HostileSpace.com, and your personally identifiable information to the proper authorities for investigation or prosecution.
User agrees to indemnify, defend and hold InterAdventure Inc., Its officers, directors, employees, agents, shareholders, subsidiaries, affiliates, licensors, suppliers, business partners and any third party information providers to the site, harmless from and against all claims, demands, lawsuits, causes of action, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, resulting from User’s use of any of HostileSpace.com Services, or any violation of these Terms of Service or User’s violation of any right of another. The provisions of this paragraph are for the benefit of InterAdventure Inc. and its officers, directors, employees, agents, shareholders, subsidiaries, affiliates, licensors, suppliers, business partners and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against the User on its own behalf.
X. NO RESALE OF SERVICE
The Services are provided to individuals only and are for personal use. User agrees not to resell the HostileSpace.com Services or use of or access to the HostileSpace.com Services unless other wise permitted by HostileSpace.com. Any person or entity that resells any Services owned by HostileSpace.com with out the permission of HostileSpace.com may be subject to civil and/or criminal penalty as prescribed by law.
User agrees that HostileSpace.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, if in the opinion of HostileSpace.com,User has violated any of the terms specified in these Terms of Service. HostileSpace.com may also in its sole discretion and at any time discontinue providing the Services, or any parts thereof, with or without notice. User agrees that any termination of User’s access to the Services may be effected without prior notice, and acknowledge and agree that HostileSpace.com may immediately deactivate or delete your account and/or bar any further access to the Services. Further, User agrees that HostileSpace.com shall not be liable to User or any third-party for any termination of User’s access to the Services. If user wishes to voluntarily terminate any part or all of the services, user must contact HostileSpace.com via email at firstname.lastname@example.org.
XII. DEALING WITH ADVERTISERS
User's correspondence with or participation in any promotion of advertisers found on the HostileSpace.com site, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between User and such advertiser. User agrees not hold HostileSpace.com liable for any loss or damage of any kind incurred as the result of any such dealing with any advertisers or as the result of the presence of such advertisers on the HostileSpace.com site.
User's correspondence with or participation in any promotion of advertisers found on the HostileSpace.com site, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between User and such advertiser. User agrees to not hold HostileSpace.com liable for any loss or damage of any kind incurred as the result of any such dealing with any advertisers or as the result of the presence of such advertisers on the HostileSpace.com site. HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE THE HostileSpace.com SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF HostileSpace.com AND HostileSpace.com IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. HostileSpace.com IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY HostileSpace.com OF THE SITE. HostileSpace.com AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES.
XIV. PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to, text, software, music, sound, photographs, graphics, video, or other material of the HostileSpace.com Services or that are contained in sponsor advertisements or information presented to User through the HostileSpace.com site or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by HostileSpace.com or the advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of HostileSpace.com (collectively "Marks") are and shall remain the exclusive property of HostileSpace.com and nothing in these Terms or Service shall grant User the license to use such Marks. All Products and/or Services found in the Website are protected by trademark, copyright, or other intellectual property laws. Any commercial use of the Services found on the Website is strictly prohibited, without the express, prior, written consent of HostileSpace.com ©. Any reproduction or redistribution of the Products or Services not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and/or criminal penalties.
XV. DISCLAIMER OF WARRANTIES
User expressly agrees that use of the HostileSpace.com services is at USER's sole risk. The HostileSpace.com services are provided on an "AS IS" and "AS AVAILABLE" basis.
HostileSpace.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement with regard to the HostileSpace.com services. HostileSpace.com makes no warranty that the HostileSpace.com services will meet User's requirements, that the HostileSpace.com services will be uninterrupted, timely, secure, or error free; nor does HostileSpace.com make any warranty as to the results that may be obtained from the use of the HostileSpace.com services or as to the accuracy or reliability of any information obtained through the HostileSpace.com services or that defects in the HostileSpace.com SERVICES will be corrected.
User understands and agrees that any INFORMATION, material, CONTENT and/or data (“MATERIAL”) downloaded or otherwise obtained through the use of or from the HostileSpace.com services is done at the User's own discretion and risk and that User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data. HostileSpace.com makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from the HostileSpace.com services or any transaction entered into through the services. HostileSpace.com © shall not be liable for any delays, omissions or errors in the material and shall not be liable for any reliance thereon. No advice or information, whether oral or written, obtained by User from HostileSpace.com or through or from the HostileSpace.com services shall create any warranty not expressly stated herein. Some jurisdictions Do not allow the exclusion of certain warranties, so some of the above exclusion may not apply to you.
XVI. LIMITATION OF LIABILITY
User agrees that HostileSpace.com shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages, resulting from the use or the inability to use the HostileSpace.com services or for cost of procurement of substitute goods and/OR services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the HostileSpace.com services or resulting from unauthorized access to or alteration of User's transmissions or data, including but not limited to, damages for loss of profits, BUSINESS INTERRUPTION, use, data, INFORMATION or other intangible, even if HostileSpace.com has been advised of the possibility of such damages. User further agrees that HostileSpace.com shall not be liable for any damages arising from interruption, suspension or termination of HostileSpace.com services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion or liability for incidental or consequential damages, so some of the above limitations may not apply to you.
XVII. CHANGES IN THIS LICENSE
HostileSpace.com expressly reserves the right to change the terms of the license without notification at any time.
XVIII. SPECIAL ADMONITION FOR MESSAGES RELATING TO FINANCIAL NEWS.
If User intends to receive or request any news, messages, alerts or other information from or through the HostileSpace.com Services concerning companies, stock quotes, investments, securities, or other financial information, read the above Sections XV and XVI again. They especially apply to you! In addition, particularly for this type of information, the watchword should be "Let the investor beware." The content and material contained in messages of any kind from the HostileSpace.com Services are provided for informational purposes only, and are not intended for trading purposes. HostileSpace.com cannot be responsible for the content or accuracy of any information transmitted via HostileSpace.com Services, and shall not be responsible for any trading or investment decisions made based on such information.
Any notice to User, to the extent that HostileSpace.com determines in its sole discretion that such notice be disseminated, shall be made via electronic posting or electronic mail. HostileSpace.com may also provide notices of changes to the Terms of Service, Services or other matters by displaying notices to users on the HostileSpace.com website.
XX. FORCE MAJEUR
HostileSpace.com will not be liable for any failure or delay in performing an obligation under this Agreement or for any losses suffered by any User that is due to causes beyond its reasonable control, including, but not limited to, natural catastrophes, governmental acts or omissions, laws, regulations or naturalization, labor strikes or difficulties, transportation stoppages or slowdowns or the inability to procure parts or materials, network outages or Server outages.
HostileSpace.com and the relationship between User and HostileSpace.com shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions. User and HostileSpace.com agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Vermont. The failure of HostileSpace.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. User agrees that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to use of the HostileSpace.com Services or these Terms of Service must be filed within one year after such claim or cause of action arose or shall be forever barred. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. HostileSpace.com may assign its rights and duties under these Terms of Service to any party at any time without notice to you. If you register and purchase one of HostileSpace.com Services, User agrees to be responsible for payment of all applicable charges incurred as a result of User’s use of the HostileSpace.com Services, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss. If your use of the Service is subject to use tax, sales tax or VAT, then HostileSpace.com may also charge you for any such taxes. HostileSpace.com will not offer any refunds or reimbursements for the purchase price of any HostileSpace.com Services. Information on this site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. HostileSpace.com may also make improvements and/or changes to the site, Terms of Service or Services at any time without notice. Your continued use of the Service reaffirms on an ongoing basis that you agree to be bound by the terms and conditions of this Agreement and by any other terms and conditions that may be posted on this site from time to time. HostileSpace.com is owned by InterAdventure, Inc.
XXII. CHANGES IN TERMS
ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, USAGE RATES, CAN BE CHANGED OR OTHERWISE MODIFIED BY HOSTILESPACE.COM WITHOUT ANY NOTICE OR LIABILITY WHATSOEVER.
InterAdventure Inc. All rights reserved.