Fantasy Lords

Fantasy Lords Terms of Service (“TOS”)

Sons of Metal Games 6/12/2006 2:35 PM

Section 1: Acceptance of Terms

The Sons of Metal Games (“Company”) invites you to take part in their service (“Service”) Fantasy Lords, an online browser-based strategy game. In order to use this Service you must state that you have read, understand, and agree to all parts of this agreement without exception. You understand that the continued use of the Service is the same as acceptance of these terms, and that if at any time you disagree with any terms stated in this agreement that your only choice is to discontinue the use of the Service.

Section 2: Description of Service

Fantasy Lords (“Game”) is an online strategy game played through a browser. The game has been tested in various browsers, but you agree to the fact that not all browsers are supported and that you must obtain a browser that is in order to play the game.

During online gameplay, various aspects of the game are subject to change due to user interaction. You understand and agree that this may occur, and that if you disagree with any gameplay experience, your only choice is to stop usage of the Service. If you feel that you are experiencing any negative experiences as a result of another user’s action, you are free to contact the Company, and at their discretion action may or may not be taken.

Section 3: Registration Obligations

In order to use the Service you understand and agree that when creating an account that you must provide full and correct information. You understand and agree that failure to provide full and correct information is grounds for termination.

The collection of this registration information is used for determining the legitimacy of your account. You understand and agree that Company collects this information and that you do not have issue with this process. See “Section 5: Privacy Policy” for a full description of the use of this information.

Section 4: Limitations of Usage

You understand and agree that you as an individual are allowed only a single account within the games’ system, and that you are only allowed to use your own account. You understand and agree that if you are found to be in control of more than a single account at any time that all accounts associated with you will be terminated at the discretion of the Company. You understand that if it is found that anyone else (“other user”) has been using your account that both your account and any accounts associated with other user will be terminated at the discretion of the Company. You understand that you are responsible for representing yourself as a single player, and that the burden of proof to represent yourself as a player upholding this agreement is your responsibility and not that of the Company. See “Section 10: Representation of User” for the methods used to represent a user within the system.

Section 5: Privacy Policy

You understand and agree that the Company collects information upon registration and the continued use of the Service for the validation of user accounts within the Service. You understand the Company reserves the right to disclose any information to third parties provided that the information will not contain personal identifying information if they see fit to do so. You understand and agree that any information collected by your registration and usage of the Service will be disclosed to any local, state, or federal agency upon reasonable request.

You understand and agree that you must provide correct information to gain access to the Service. You understand that if you provide false information, or the information’s validity is in question, the Company reserves the right to suspend or terminate your account at any time.

You understand and agree that any information posted or transmitted using the Service may at any time for any reason be reviewed by Company at their sole discretion.

Section 6: User Conduct

You understand and agree that taking any of the following actions can result in your termination: (a) Harassment (of any form) of any user for any reason, (b) attempt to broadcast in any way anything that could be considered malicious including but not limited to text, scripts, information, or data. (c) post in any way data that is unlawful, threatening, abusive, harassing, vulgar, obscene, invasive of another persons privacy (not limited to other users), hateful, pornographic, racist, defamatory, or otherwise objectionable. (d) attempt to post data or information you do not have the rights to (e) post or transmit data or information that contains and trademark, patent, trade secret, or other proprietary rights of any party (f) disrupt, hinder, or limit any part of the service, (g) collect or store personal information about other users, (h) promote or discuss any illegal activities, (i) have multiple accounts found to be associated with your identity.

Section 7: International Use

Recognizing that the Service is accessed through the internet, a global environment, you understand and agree that you will comply with any and all local laws regarding online conduct and acceptable content. You understand and agree to understand and comply to all laws regarding the transmission of data exported from the United States or the country which to are located.

Section 8: No Resale of Service

You understand that you have in no part any ownership of the Service, either electronic or intellectual and that you are in no way allowed to sell any portion of the Service at any time.

Section 9: Indemnity

You agree and indemnify to hold Company, partners, advertisers, offices, employees, members, and administrators, harmless from any claim or demand, including attorney fees, due to the use of this Service for any reason, and the acceptance of this agreement. You also agree and indemnify to hold Company, partners, advertisers, offices, employees, members, and administrators, harmless from any claim or demand, including attorney fees, due to any actions taken by you or any other user within the game.

Section 10: Representation of User

You understand and agree that users are represented (“identity”) within the games’ system as any of the following: (a) E-mail address, (b) game assigned identification such as number, and (c) current IP address.

You agree to immediately report any instance where you have been given a duplicate representation by item (b) above. You realize that failure to report such errors will likely result in termination of all accounts associated with such duplications. You understand that in the event that above item (c) is used for determining you as an individual player that you are responsible for making sure that no other accounts are connected to your identity, this includes but is not limited to: (a) multiple people logging in from the same computer, (b) using a shared network in a public location, (c) using a shared network in a private location. You understand and agree that failure to disassociate your own identity from the identity of another player will likely result in the termination of your account.

Section 11: Termination

You understand that the violation of any terms in any section of this TOS will result in the termination of your account. You understand that Company reserves the right, at any time, to terminate your account for any reason if just cause is found. You realize that the definition of just cause is at the discretion of the Company and its administrative team. You realize that termination is used as a means to protect the integrity of the game and its players.

Section 12: Modification of Service

You understand and agree that Company reserves the right at any time to change this agreement and that the continued use of Service constitutes an agreement and acceptance of such terms. You agree that is it your responsibility to keep up to date on current terms of this agreement.

Section 13: Sons of Metal Property Rights

You understand and agree to the fact that access to the Service provides information as to how the Service works and is used. You understand and agree to the fact that you may in no way attempt to duplicate, claim as your own work, or otherwise claim credit for any portion of the Service and its features. You realize that all aspects of the Service are the property of the Company and ownership, both electronic and intellectual, are solely owned by the Company.

Section 14: Fees, Advertisements and Promotions

You understand that the Service is provided as a free service, requiring no registration fees or fee for the continued use of the Service. You understand and agree that Company has the right to display any form of Advertisement or Promotion in any quantity of any quality at and location within any location within the Service.

Section 15: Disclaimer of Warranties

You understand that Company make no guarantee that: (a) The Service will meet any requirements you desire, (b) the service will be available, (c) the service will be secure, error free, uninterrupted, or timely, (d) any errors in the software will be corrected, (e) the service will meet your expectations.

You also understand and agree that: (i) you use this service at your own risk, (ii) this Service is available on an “as-is” and “as-available” basis, (iii) any material or information obtained through the use of the service is done so at your own discretion and that you are solely responsible for any ill effect or damages of any kind in any way.

Section 16: Limitation of Liability

You expressly understand and agree that Company is not responsible for any direct, indirect, incidental, special, consequential or exemplary damages or ill effects, including but not limited to, damages for loss of profits, or other intangible losses even if Company has been advised of the possibility of such damages, resulting from: (a) the use or the inability to use the service (b) alteration (authorized or unauthorized) of any data and/or transmission you make while using the Service or (c) any other matter relating to the service.

Section 17: Final Disclaimer

You understand and agree that you are not required to use this service and at any time you may discontinue the use of the Service. You understand and agree that this Service is provided free of charge and your use of the service is your own choice. You understand that Company can in no way at any time for any reason be held legally or financially responsible for any claim for any reason for of this Service.

Finally, you agree to have fun, because that’s what games are all about. You agree that this document is excessively long but necessary to help cover the circumstances that could otherwise prevent the game from running smoothly and enjoyable for all.