Agreement Between You And Intelligent Life Games

The Imperial Wars Game, Site and Services is made up of various Web pages, Internet domains, programming, ancillary Internet applications & utilities, archives, services, downloadable applications and activities known collectively as Imperial Wars and is operated by Intelligent Life Games, 6255 Canoga Avenue, Woodland Hills, California 91367 or its affiliates (collectively, known as "Intelligent Life Games"). This Terms of Use and Notices applies to the Intelligent Life & Imperial Wars Web Sites and does not apply to the content of third parties.

The Intelligent Life Games site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Imperial Wars website constitutes your agreement to all such terms, conditions, and notices.

Privacy And Protection Of Personal Information

See the Privacy Statement at http://imperialwars.com/policies/privacy.html for disclosures relating to the collection and use of your personal information.

Member Account, Password, And Security

If you choose to become an Imperial Wars citizen you must complete the registration process by providing us with current, complete and accurate information as prompted by the Request for Citizenship form. You then will choose a Citizen name. We will issue a password by email that you may or may not choose to change. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ILG immediately of any unauthorized use of your account or any other breach of security. ILG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ILG or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Modification Of These Terms Of Use

ILG reserves the right to change the terms, conditions, and notices under which the Imperial Wars sit is offered, including but not limited to the charges associated with the use of the Imperial Wars game services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Imperial Wars site and games constitutes your agreement to all such terms, conditions, and notices.

Personal And Non-Commercial Use Limitation

Unless otherwise specified, the Imperial Wars site services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Imperial Wars site, or services or games. Without the advance express written permission of ILG, you may not "meta-search" the Imperial Wars site or its servers or send, or cause to be sent, any automated queries of any sort to Imperial Wars or its servers or use the Imperial Wars site in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any Imperial Wars Services to determine how a web site "ranks".

Links To Third Party Sites

The Imperial Wars site may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of ILG and ILG 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. ILG is not responsible for webcasting or any other form of transmission received from any Linked Site nor is ILG responsible if the Linked Site is not working appropriately. ILG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ILG of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Intelligent Life site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. ILG shall not be responsible or liable for any part of any such dealings or promotions.

No Unlawful Or Prohibited Use

As a condition of your use of the Imperial Wars site, you will not use the Imperial Wars site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Imperial Wars site in any manner that could damage, disable, overburden, or impair any Imperial Wars service(s) (or the network(s) connected to any Imperial Wars Service(s)) or interfere with any other party's use and enjoyment of the Imperial Wars site or games. You may not attempt to gain unauthorized access to any Imperial Wars service, other accounts, computer systems or networks connected to any ILG or Imperial Wars service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Imperial Wars site.

Use Of Services

The Imperial Wars services may include e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, 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:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  
• 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, obscene, indecent or unlawful topic, name, material or information.
  
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  
• Use any material or information, including images or photographs, which is made available through the Imperial Wars site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  
• Use of meta tag searches on the Imperial Wars site.
  
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  
• 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.
  
• Violate any applicable laws or regulations.
  
• Create a false identity for the purpose of misleading others.
  
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an Imperial Wars service) or other user or usage information or any portion thereof.
  

ILG has no obligation to monitor the Communication Services. However, ILG reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ILG reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. ILG reserves the right at all times to disclose any information as ILG deems 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 ILG's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. ILG does not control or endorse the content, messages or information found in any Communication Service and, therefore, ILG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts (also known as Galactic Effectuators or GE's) are not authorized ILG spokespersons, and their views do not necessarily reflect those of ILG.

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.

Materials Provided To ILG Or Posted At The Imperial Wars Site

ILG does not claim ownership of the materials you provide to ILG (including feedback and suggestions) or post, upload, input or submit to any Imperial Wars Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting ILG, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Imperial Wars Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Imperial Wars site.

No compensation will be paid with respect to the use of your Submission, as provided herein. ILG is under no obligation to post or use any Submission you may provide and ILG may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Software And Content Available Through The Imperial Wars Sites Or Services

All content and software (if any) that is made available to view and/or download in connection with the Imperial Wars site and services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of ILG and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement (EULA), if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, ILG hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Imperial Wars service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Liability Disclaimer

The information, software, products, and services included in or available through the Imperial Wars site may include inaccuracies or typographical errors. Changes are periodically made to the Imperial Wars site and to the information therein. ILG and/or its respective suppliers may make improvements and/or changes in the Imperial Wars site at any time. Advice received via the Imperial Wars 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. ILG and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the imperial wars service for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. ILG and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

You specifically agree that ILG shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Imperial Wars sire or service. You specifically agree that ILG is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that ILG is not responsible for any content sent using and/or included in an Imperial Wars site communication service by any third party.

In no event shall ILG and/or its suppliers 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 Imperial Wars sites or services, with the delay or inability to use Imperial Wars sites or services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Imperial Wars site or service, or otherwise arising out of the use of the Imperial Wars sites or services, whether based on contract, tort, negligence, strict liability or otherwise, even if ILG or any of its suppliers 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. If you are dissatisfied with any portion of the Imperial Wars sites or services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Imperial Wars sites or services.

Storage Space And Other Limitations

You agree that ILG may establish limits concerning use of any Service offered on the Imperial Wars site, including without limitation the maximum number of days that e-mail messages will be retained by any Imperial Wars Service, the maximum number of e-mail messages that may be sent from or received by an account on any Imperial Wars Service, the maximum size of an e-mail message that may be sent from or received by an account on any Imperial Wars Service, the maximum disk space that will be allotted on ILG's servers on your behalf, and the maximum number of times and duration you may access any Imperial Wars Service in a given period of time.

You agree that ILG has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Imperial Wars Service. You acknowledge that ILG reserves the right to log off accounts once the game universe or length of use has expired.

ILG MAKES NO WARRANTY THAT ANY IMPERIAL WARS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Termination/Access Restriction

ILG reserves the right, in its sole discretion, to terminate or limit your access to the Imperial War site and any or all related services or any portion thereof at any time, without notice.

Upon the completion of an Imperial Wars game, game related services are terminated and your right to use the Imperial Wars game services immediately ceases. ILG shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

No Spam; Damages

ILG will immediately terminate any account of any citizen which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay ILG liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay ILG's actual damages, to the extent such actual damages can be reasonably calculated.

General

This agreement is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of the Imperial Wars site and services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ILG as a result of this agreement or use of the Imperial Wars site. You agree to indemnify and hold ILG, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Imperial Wars site. ILG reserves the right to disclose any personal information about you or your use of the Imperial Wars site and services, including its contents, without your prior permission if ILG has a good faith belief that such action is necessary to:

1. Conform to legal requirements or comply with legal process;
   
2. Protect and defend the rights or property of ILG or its affiliated companies;
   
3. Enforce the Terms of Use;
   
4. Act to protect the interests of its citizens, guests, staff or others.
   

ILG's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ILG's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Imperial Wars site or services or information provided to or gathered by ILG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ILG with respect to the Imperial Wars site and services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ILG with respect to the Imperial Wars site or services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright And Trademark Notices:

All contents of the Imperial Wars site are: Copyright (c) 1991 - 2002 Intelligent Life Games, and/or its suppliers, 6255 Canoga Avenue, Unit 14, Woodland Hills, California 916-367 U.S.A. All rights reserved.

TRADEMARKS. Imperial Wars and/or other ILG products and services referenced herein may also be either trademarks or registered trademarks of Intelligent Life Games in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Subscription-Based Content

Play in Imperial Wars games may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to ILG a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content and/or services by contacting cs@intelgames.com. If you have purchased an automatically renewing subscription, you will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid). No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

Imperial Wars Store

Intelligent Life Games, Imperial Wars, or its suppliers and partners may provide merchants' links to you at ambientlife.intelgames.com or other published URLs and various links throughout The Imperial Wars site; however, each individual merchant participating at the Imperial Wars shopping site is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. ILG nor Imperial Wars does not guarantee, warrant or endorse any product or service sold by a 3rd party merchant in any Imperial Wars shopping area, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any 3rd party merchant. The purchase of any product or service from a 3rd party merchant at the Imperial Wars site is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. ILG nor Imperial Wars has no responsibility or liability for any merchant or your relationship with such merchant. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant. With respect to applicable taxes, the merchant will advise you subsequently of the exact amount of tax due on your purchase. ILG nor Imperial Wars has no responsibility whatsoever for any miscalculation or omission by a merchant of applicable taxes on any sale.

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use any Imperial Wars shopping area in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Imperial Wars shopping area.to civil and criminal penalties.

Fees; Payment

ILG reserves the right to charge listing fees for certain listings, such as reserved character names, as well as transaction fees based on certain completed transactions using the Imperial Wars site or services. ILG further reserves the right to alter any and all fees from time to time, without notice. Click here to see the current Fee Schedule; and check the Fee Schedule for any updated fee information each time you use the Services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.

Photos Posted On Imperial Wars Web Forums

In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that

• You are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Imperial Wars site,
  
• You have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and
  
• That each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture.
  
  

By Posting a Picture, you are granting:

• To all members of your private community or Imperial Wars universe (for each such Picture available to members of such private community),
  
• To the general public (for each such Picture available anywhere on the Imperial Wars Site, other than a private community), and/or
  
• To any person with whom you share Pictures through e-mail using the Imperial Wars communication services, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any Imperial Wars site or service, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such Imperial Wars site or service.

The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the Imperial Wars Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture."

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