World War Chess Terms of Use By accessing the OWNER'S WEBSITES/SOFTWARE/SERVICES you agree to the following Terms of Use. If you do not agree to these terms, you do not have permission to access these materials and may not access any portion of the website. The user agrees not to modify, reverse engineer, decompile, disassemble, or try to obtain the source code for the software. The user agrees that he will not attempt to access the servers in any way other than using the software in its original form. The user hereby agrees to use the software only with servers administrated or licensed by the owner. The user hereby agrees that under no circumstances will he profit from the software or use it commercially. The user hereby agrees that under no circumstances will he sell his account or sell access to software. The user hereby agrees that under no circumstances will he redistribute the software to a third party. The user hereby agrees that under no circumstances will he sell maps, configuration files, or any other information derived from the software or created using the software. The user hereby agrees that under no circumstances will he create or redistribute derivative works of the executable portions of the software for any purpose. You agree that all materials on this Website are the copyrighted works of Mike King, and that you will not download or utilize these works in any manner other than viewing and interacting with them in your traditional web browser in an ordinary manner. The owners reserve all rights not expressly granted herein. You must additionally agree to the following End User License Agreement for the Software and Game called World War Chess: End User License Agreement 1. DEFINITIONS 1.1 The "Software" means the Game presently titled World War Chess, including the executable, and all data distributed with or via the executable, including but not limited to image data, map data or configuration date. 1.2 The "Material" refers to the contents of the Websites, including without limitation the text, graphics, photographs, images, software and other material. 1.3 The " OWNER " refers to the SOFTWARE OWNER named Mike King and KingGames. 1.4 The "User" refers to the party accepting this License Agreement in return for the permission to use the Software as described below in this License Agreement. 1.5 The "License Agreement" refers to End User License Agreement. 1.6 The "TOU" refers to the Terms of Use Agreement. 1.7 The "Game" refers to World War Chess. 1.8 The "OWNER'S WEBSITE" refers to www.WorldWarChess.com, but this URL may change. 1.9 "Third Party Services" refers to any and all materials, information, and services provided by third parties made available through any links or banner advertisements offered from the OWNER'S WEBSITES/SOFTWARE/SERVICES. 2. LICENSE GRANT Upon the user's acceptance of this License Agreement, the owner hereby grants the user the limited license to use and store one copy of the software on a single computer. This does not imply ownership or any other privileges not specifically granted in this License Agreement. 3. INDEMIFICATION The software is provided "AS IS" without warranty of any kind, either expressed or implied, not even the implied warranty of fitness for a particular purpose. Additionally, the owner is not responsible for support or maintenance of the software. The user hereby agrees to indemnify the owner against any and all damages arising directly or indirectly from use or storage or exhibition of the software. THE USER AGREES TO DEFEND, INDEMNIFY AND HOLD THE OWNER, MIKE KING AND KINGGAMES AND THEIR OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, SPONSORS, PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, CLAIMS) ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF OWNERS SOFTWARE LICENSED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM OWNERS OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION USE OF OWNERS SOFTWARE PROVIDED TO YOU. 4. GOVERNING LAW AND JURISDICTION The OWNER (excluding linked sites) provides this Software from its office within the state of South Carolina, United States of America. By accessing the OWNER'S Software or Websites, you and the OWNER agree that all matters relating to your access to, or use of, these websites shall be governed by the statutes and laws of the State of South Carolina, without regard to the conflicts of laws principles thereof. You and the OWNER also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Cherokee County and the United States District Court in South Carolina with respect to such matters. This License Agreement will be governed by the laws of the State of South Carolina, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this License Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this License Agreement, the Website or the Software Products shall be brought exclusively in the federal or state courts of South carolina and both Parties consent to the jurisdiction thereof. The user understands and agrees that this License Agreement shall be legally binding in a court of law. Should any portion of this License Agreement be deemed unlawful by a court of law, the user agrees that all other portions shall remain in full force and effect. 5. ACCEPTABLE AND LAWFUL USE OF WEBSITES Any Registration Information, computer information, or other information a User or Visitor provides to us in connection with the use of the Websites: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and (f) shall not create liability for us or cause us to lose (in whole or in part) the Software Products or our suppliers. Visitors shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Website and the Software Products. The OWNER reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. 6. USE OF SERVICES When using accessing the OWNER'S WEBSITES/SOFTWARE/SERVICES, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use. In addition to the Materials and Services offered by the OWNER, the WEBSITES/SOFTWARE/SERVICES also make available materials, information, and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services are governed by separate License Agreements that accompany such services. The SOFTWARE OWNER offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by the OWNER. You agree that you will not hold the OWNER responsible or liable with respect to the Third Party Services or seek to do so. 7. ACCEPTABLE AND LAWFUL USE OF SOFTWARE Any Software Product that is made available, either as a download or otherwise, from the OWNER'S WEBSITES/SOFTWARE/SERVICES are the copyrighted work of the OWNER and/or its affiliates or suppliers. Use of the Software Products is governed by the terms of the end user License Agreement, if any, which accompanies or is included with the Software Product ("License Agreement"), or as expressly stated on the Website pages accompanying the software. An end user will be unable to install any Software Products that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software Products are made available solely for use by end users according to the License Agreement. Any use, reproduction, redistribution of the Software Products not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible. Absent a License Agreement that accompanies a Software Product, the Terms of Use will govern use of the software. The software, including all files and images contained in or generated by the software, and accompanying data (together referred to as "Software") are deemed to be licensed to you by the OWNER for your personal, non-commercial home use only. The OWNER does not transfer either the title or the intellectual property rights to the Software and the OWNER retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. 8. USE OF MATERIAL The contents of the Websites, including without limitation the text, graphics, photographs, images, software and other material ("Material"), are protected by copyright under both United States and foreign laws. Downloading, digitization, input, storage and printing of protected works all constitute acts of reproduction under copyright law. Unauthorized use of the Material will violate copyright, trademark and other laws. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, record, copy, reproduce, publish, license, post, transmit or distribute any information, data, software code, documents, text, photographs, images, graphics, audio or video from the OWNER'S WEBSITES/SOFTWARE/SERVICES in whole or in part without the prior written permission of Mike King and/or KingGames. The OWNER authorizes you to view and download a single copy of the Material on the Website only to the extent necessary for you to use the WEBSITES/SOFTWARE/SERVICES strictly in accordance with these Terms and Conditions and solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose. You agree that you will not record the images or animations contained in the OWNER'S WEBSITES/SOFTWARE/SERVICES by any means for the purposes of distribution or display. The Materials may not be copied, reproduced, uploaded or transmitted in any way unless specifically authorized by Mike King, except that you may download one (1) copy of the Materials on a single computer for non-commercial, personal use only, provided that you keep all copyright, trademark and other intellectual property notices intact. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is using the Materials on any networked computer environment or other website. KingGames, World War Chess and other related marks, names, slogans, logotypes and logos set forth on the WEBSITES/SOFTWARE/SERVICES are trademarks or service marks of the OWNER. Any other company, product, trade or service names set forth on the WEBSITES/SOFTWARE/SERVICES are used for identification purposes only and may be trade-marks of their respective owners. These Terms of Use do not authorize you to use any trademarks or services marks of the Company or of any other party. 9. SOFTWARE AND CONTENT AVAILABLE THROUGH THE OWNER'S WEBSITES/SOFTWARE/SERVICES All content and software (if any) that is made available to view and/or download in connection with the OWNER'S WEBSITE/SOFTWARE/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 the OWNER 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, 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. 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. 10. LINKS TO THIRD PARTY SITES The OWNER'S WEBSITES/SOFTWARE/SERVICES contain links to other sites on the Internet that are owned and operated by third parties. The OWNER does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by the OWNER of the Website or any association with their operators. Because the OWNER has no control over such sites and resources, you agree that the OWNER is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our service, including the payment and delivery of related goods or 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. You further agree that the OWNER shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such Website or any such dealings or promotions. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites. This website's privacy statement is applicable only when you are on our website. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information. 11. NO ENDORSEMENT OF CONTENT The OWNER makes no representations or endorsements regarding the quality, accuracy, reliability nor condition of any content posted on the Website. The OWNER does not control the quality, safety, truth or accuracy of the content and makes no representation thereof. The OWNER shall have no obligation to review the Website's content. All content provided by Users of the Service is the sole responsibility of the User, not the OWNER. The OWNER'S WEBSITES/SOFTWARE/SERVICES may contain hyperlinks to third party websites outside of the Website. We make no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party websites. We have no control over the content of any hyperlinked third party websites and shall have no obligation to review those sites' content. 12. PRIVACY STATEMENTS AND EMAIL Visitors agree that they have read and understand the terms of our Privacy Statement at http://www.worldwarchess.com/privacy1.htm, which is hereby incorporated into this License Agreement by reference. Visitors acknowledge that the Website may link to other sites not controlled by us and the collection of a Visitor's data by these sites is outside the scope of our control. The OWNER reserves the right to monitor a User's use of the Website in accordance with our Privacy Statement. Users acknowledge that by becoming a User, they consent to receipt of certain email messages from us in connection with the use of the Website and Software Products. 13. NO WARRANTY OWNER PROVIDES THIS WEBSITES/SOFTWARE/SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE OWNER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. VISITOR ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, THE SOFTWARE PRODUCTS, AND HYPERLINKED WEBSITES. Some states and countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. ALL MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE OWNER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO MATERIALS, INCLUDING ALL WARRANTIES, IMPLIED OR EXPRESS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DAMAGES WHATSOEVER, (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT RELATED ACTION, ARISING OUT OF, OR IN CONNECTION WITH, OR IN CONTEMPLATION OF THE USE OR PERFORMANCE OF MATERIALS PROVIDED FROM THE OWNER'S SERVER, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The OWNER may change, add or remove any part of this License Agreement, or any other terms associated with the use of the site, at any time, by posting a notice of such changes to the Terms of Service page of the Website. Any changes shall become part of the License Agreement and shall apply as soon as such a notice is posted. By continuing to use the WEBSITES/SOFTWARE/SERVICES after the notice is posted, you are indicating your acceptance of those changes. All Sales are Final. We have a NO REFUND POLICY. Once you submit your order, it is non-refundable. Only in cases of fraud will the payment be refunded. This policy is in place due to an abuse of credit card charge backs and theft of information. Additionally, the OWNER'S WEBSITES/SOFTWARE/SERVICES may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular World War Chess Website, then these terms shall control. 14. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the OWNER'S WEBSITE/SOFTWARE/SERVICES, you will not use the OWNER'S WEBSITES/SOFTWARE/SERVICES for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the OWNER'S WEBSITES/SOFTWARE/SERVICES in any manner that could damage, disable, overburden, or impair any OWNER'S WEBSITES/SOFTWARE/SERVICES (or the network(s)) connected to any of the OWNER'S WEBSITES/SOFTWARE/SERVICES or interfere with any other party's use and enjoyment of any of the OWNER'S WEBSITES/SOFTWARE/SERVICES. You may not attempt to gain unauthorized access to any OWNER'S WEBSITES/SOFTWARE/SERVICES, computer systems or networks connected to any OWNER'S WEBSITES/SOFTWARE/SERVICES, 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 OWNER'S WEBSITES/SOFTWARE/SERVICES. The Owner reserves the right at all times to disclose any information as the OWNER 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 the OWNER'S SOLE DISCRETION. 15. MATERIALS PROVIDED TO THE OWNER OR POSTED AT ANY OF THE OWNER'S WEBSITES No compensation will be paid with respect to the use of your Submission, as provided herein. The OWNER is under no obligation to post or use any Submission you may provide and the OWNER 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. 16. LIMITATIONS OF LIABILITY AND WARRANTY CUSTOMER AGREES THAT USE OF THE OWNER'S WEBSITES/SOFTWARE/SERVICES IS ENTIRELY AT CUSTOMER'S OWN RISK. THE OWNER'S WEBSITES/SOFTWARE/SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE OWNER'S SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, THE OWNER DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELETION, DEFECT, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT THE OWNER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER. NEITHER THE OWNER, KINGGAMES NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. USERS UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS WEBSITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. THE OWNER NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE WEBSITE AND SOFTWARE PRODUCTS. The limitations of liability provided in this License Agreement inure to the benefit of the OWNER, KingGames, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law. YOUR USE OF THE OWNER'S WEBSITES/SOFTWARE/SERVICES BY USING LINKS CONTAINED WITHIN THE GAME TO THE OWNER'S WEBSITES/SOFTWARE/SERVICES IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OWNER'S WEBSITES/SOFTWARE/SERVICES EXPRESSLY DISCLAIM 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. ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES/SOFTWARE/SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU. To the fullest extent permissible pursuant to applicable law, the OWNER disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, the OWNER does not warrant that the functions contained in the software will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. The OWNER does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not the OWNER) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the OWNER'S WEBSITES/SOFTWARE/SERVICES, we include links to other websites on the world wide web portion of the internet and that the OWNER has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such websites and you hereby irrevocably waive any claim against us with respect to such websites. Under no circumstances, including, but not limited to, negligence, shall the OWNER be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the site, or any other website, even if the OWNER or the OWNER authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from the OWNER or from or through the software shall create any warranty not expressly stated in the terms of use. In no event shall the OWNER'S total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any materials or products. 17. LANGUAGE It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. 18. GENERAL Claims for enforcement, breach or violation of duties or rights under this License Agreement shall be adjudicated under the laws of the State of South Carolina, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Cherokee County, South Carolina, United States of America in all disputes arising out of or relating to the use of the OWNER'S WEBSITES/SOFTWARE/SERVICES. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the OWNER as a result of this License Agreement or use of the OWNER'S WEBSITES/SOFTWARE/SERVICES. You agree to indemnify and hold the OWNER, KingGames, 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 OWNER'S WEBSITES/SOFTWARE/SERVICES. The OWNER reserves the right to disclose any personal information about you or your use of the OWNER'S WEBSITES/SOFTWARE/SERVICES, including its contents, without your prior permission if the OWNER 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 the OWNER, KingGames or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. The OWNER'S performance of this License Agreement is subject to existing laws and legal process, and nothing contained in this License Agreement is in derogation of the OWNER'S right to comply with governmental, court and law enforcement requests or requirements relating to your use of the OWNER'S WEBSITES/SOFTWARE/SERVICES or information provided to or gathered by the OWNER with respect to such use. If any part of this License 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 License Agreement shall continue in effect. Any failure by the OWNER to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. Unless otherwise specified herein, this License Agreement constitutes the entire License Agreement between the user and the OWNER with respect to the OWNER'S WEBSITES/SOFTWARE/SERVICES and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the OWNER with respect to the OWNER'S WEBSITES/SOFTWARE/SERVICES. A printed version of this License Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this License Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You have no right to use this software other than the rights granted herein, and by downloading and using this software you accept the Terms of Use of this License Agreement. Any claim or cause of action arising out of or related to use of the Website or the TOU must be filed within one year after the claim or cause of action arose or be forever barred. 19. TRADEMARK INFORMATION All materials on this Website ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by copyrights and other intellectual property rights owned and controlled by the OWNER or by other parties that have licensed their material to the OWNER. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on the OWNER'S WEBSITES/SOFTWARE/SERVICES. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize the WEBSITES/SOFTWARE/SERVICES for other than its intended purposes is prohibited. KingGames, World War Chess, WorldWarChess.Com and other of the World War Chess logos and product and service names are trademarks of the OWNER. All other trademarks appearing on the OWNER'S WEBSITES/SOFTWARE/SERVICES are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.The OWNER will enforce its intellectual property rights to the fullest extent of the law. If you suspect that the OWNER'S content or trademarks are being misused please contact Legal@WorldWarChess.com as soon as possible. For User Content such as comments to the OWNER'S Websites, bug reports, piracy reports, or product suggestions, you grant the OWNER and the users of this Website an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that the OWNER is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Website will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of the OWNER or others. 20. SUBMISSIONS Certain parts of the WEBSITES/SOFTWARE/SERVICES may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, the OWNER'S Terms of Use shall govern your legal rights with respect to those Submissions. The Submissions shall be deemed the property of the OWNER. The OWNER shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to the OWNER or any WEBSITES/SOFTWARE/SERVICES will not be treated as confidential and the OWNER shall not be liable for any disclosure of the Submissions. 21. REGISTRATION OBLIGATIONS If required by the OWNER, each user must: (a) provide true, accurate, current and complete information on the WEBSITES/SOFTWARE/SERVICES registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein. Each user may receive a password and account designation by completing the Member's registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring there under. The OWNER cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify WorldWarChess.com of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session. 22. SEVERABILITY If any provision of this License Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this License Agreement will remain in force. 23. REVOCATION The user understands and agrees that the owner may revoke this License Agreement at any time without prior notice. Upon notice of revocation, the user must destroy any copies of the software in their possession. 24. RESERVED RIGHTS The owner reserves all rights not expressly granted herein.