Terms of Use

Challenge Online Games, Inc. ("Challenge Games") is pleased to give you access to our website, www.warstorm.com (the "Site"), and related materials, including without limitation, user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, transcripts of chat rooms, character profile information, recordings of games played, and any related documentation, applets, client or server software (collectively, "Warstorm") free of charge. Your use of Warstorm is subject to the binding legal agreement set forth below ("Terms"). Overview of Terms

TERMS SUBJECT TO CHANGE

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of Warstorm, including, but not limited to (i) restricting the time all or any part of Warstorm is available, (ii) restricting the amount of use all or any part of Warstorm is permitted, and (iii) restricting or terminating any user's right to use all or any part of Warstorm, with or without notice; (b) charge fees in connection with the use all or any part of Warstorm; (c) modify or waive any fees charged in connection with all or any part of Warstorm; or (d) offer opportunities to some or all users of all or any part of Warstorm. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of Warstorm, in whole or in part, or of any service, content or feature offered through the Services. You understand we may update these Terms from time to time without giving you any notice. Your continued use of all or any part of Warstorm following the posting of changes to these terms will mean you accept those changes. Unless we let you know posting of changes to these Terms or otherwise giving you notice, any new features or updated content or applications that we make available in connection with Warstorm will be subject to these Terms.

BY USING Warstorm, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE Warstorm FOR ANY PURPOSE.

BINDING ARBITRATION

These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Challenge Games for any violation of Challenge Games's proprietary or other rights, any and all disputes relating to these Terms, your use of Warstorm be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Austin, Texas, USA.

How You Can Use Warstorm

You may use Warstorm for your personal, non-commercial use. You may make a single, temporary copy of any applications that your device executes content your device displays when you use Warstorm, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from Warstorm, except as set forth in these Terms. Additionally, you may not frame or mirror any part of Warstorm without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Warstorm; create a database by systematically downloading and storing content from Warstorm; Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather information, content or other materials from Warstorm or reproduce or circumvent the navigational structure or presentation of Warstorm.

Accounts

In order to access some features of Warstorm, you will have to create an account. You agree not to use another's account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Challenge Games will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Challenge Games or others due to such unauthorized use. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of Challenge Games.

Challenge Games does not recognize the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. You agree that you have no right or title in or to any content that appears in Warstorm, including the virtual goods or currency appearing or originating in Warstorm and any other attributes associated with your account or stored in Warstorm. Challenge Games does not recognize any virtual property transfers executed outside of Warstorm or the purported sale, gift or trade in the "real world" of anything related to Warstorm. Accordingly, you may not sell items for "real" money or otherwise exchange items for value outside of Warstorm.

Content / Submissions to Warstorm

On some parts of our Site or otherwise in connection with your use of Warstorm, you may be allowed to post or link to content or applications or provide comments for others to see (such material is referred to herein as "Content") . If you post, link to or contribute Content, you guarantee, represent and warrant to us that:

You have legal rights to post, contribute or link to such Content and it will not violate any law or the rights of any person; While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of Warstorm; You are entirely responsible for all Content you upload, post, e-mail, transmit or otherwise make available in any way by or through Warstorm; You have the written consent, release or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by Warstorm and these Terms; and

For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through Warstorm, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using Warstorm; and we do not screen, monitor, edit or review Content before it appears on Warstorm. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve Warstorm. We can also suspend or terminate use of Warstorm by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using Warstorm, you may be exposed to Content that is offensive or objectionable.

No License Granted

Except for allowing you to use Warstorm for your personal use as set forth in the paragraph above, when you use Warstorm you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Challenge Games. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO Warstorm OR ANY OTHER Challenge Games PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.

Copyrights

Warstorm is owed by Challenge Games Games, Inc. or its licensees and protected by applicable law, with all rights reserved. Challenge Games takes the protection of intellectual property rights, including copyrights, very seriously. Challenge Games will terminate your access to, or use of, all or any part of Warstorm, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Challenge Games if they have a good-faith belief that their protected works are being infringed. Challenge Games will respond to all such notifications that are sent to:

Challenge Online Games, Inc.
Attn: DMCA Notification
211 East 7th Street, Austin TX 78701 Suite 400
Austin, TX 78701

To be effective, the notification must be a written communication that includes:

A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the provider to locate the material; Information reasonably sufficient to permit the provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, Challenge Games shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After Challenge Games removes or disables access to such material, if such material was posted by a user of Warstorm, Challenge Games will notify the party that posted the material of its action. Such party may then provide Challenge Games 's designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which Challenge Games will forward to the alleged copyright owner. Challenge Games will inform the alleged copyright owner that Challenge Games will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to Challenge GamesÕs designated agent stating that it has filed suit against the alleged infringer.

An effective counter-notification must be sent to Challenge GamesÕs designated agent, whose name and address are listed above. The notice must include the following information:

The counter-notifying party's physical or electronic signature; Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement; A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where Challenge Games is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided Challenge Games with notification or an agent of such a person.

Trademarks

Challenge Games and Warstorm are trademarks of Challenge Online Games, Inc. Other trademarks are the property of their respective owners.

Contests and Sweepstakes

From time to time, Warstorm might host or facilitate contests. In such cases, the contest rules shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.

Protecting Children

The safety of children is very important to us. Challenge Games intends for the Site to be a general audience site that complies with the Children's Online Privacy Protection Act. When a child under age 13 attempts to register with Warstorm, we ask that they have a parent or guardian establish an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child's information by Challenge Games, that parent can send an e-mail to us at support@warstorm.com to request deletion of their child's account.

Some parts of Warstorm may contain mature or adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you. Parental control protections (such as computer hardware, software or filtering Warstorm) are commercially available that may assist parents in limiting access to content that may be harmful to minors.

Third Party Sites

Warstorm may contain links to other sites, applications or content, which links may appear to embed the sites, applications or content hosted or provided by third parties into the interface of Warstorm. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. Challenge Games is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between the Terms set forth below and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review the terms of use for each third party provider of sites, applications or content so that you understand all of the terms that will apply. By using Warstorm, you expressly relieve Challenge Games from any and all liability arising from your use of any third-party sites, applications or content.

U.S. Export Controls

Any download from the Site or otherwise through Warstorm is further subject to United States export controls. No downloads may be made from the Site, through Warstorm or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Privacy Policy

Any information that we may collect from you during your use of Warstorm is subject to our Privacy Policy. We encourage you to read and understand our Privacy Policy which can be accessed at http://www.warstorm.com/pages/privacypolicy.

Conduct of Registered Users and Visitors

We believe that all users and visitors benefit from basic rules regarding conduct while using Warstorm. Widespread use and enjoyment of Warstorm is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using Warstorm:
(1) You will follow these Terms and all applicable laws;
(2) You will never give your password to anyone (no Challenge Games employee will ever ask for it) and you will not provide your billing or credit information;
(3) You will not harass, threaten or abuse other people when using Warstorm in any manner;
(4) You will not make excessive challenges or invitations to other users;
(5) You will not interfere with others' use of Warstorm or act in a way that negatively affects other users' enjoyment of Warstorm;
(6) You will not cheat and you will not use "exploits" or "dummy accounts" in any way;
(7) You will not participate in any action that, in the sole and absolute opinion of Challenge Games, results or may result in any authorized user of the Warstorm being scammed or defrauded out of any items that such user has purchased or earned in connection with such user's use of Warstorm;
(8) You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
(9) You will not use or exploit any errors in design, features which have not been documented, or "bugs" to gain access or items in any way that is not generally known and intentionally made available by Challenge Games, and you will promptly report to Challenge Games your discovery of any such errors, features or bugs.
(10) You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
(11) You will not collect or store personal information about any other individual on Warstorm, or otherwise stalk, repeatedly contact or harass another user;
(12) You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Challenge Games; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
(13) You will not use Warstorm to harm minors in any way, or encourage interactions with minors of a sexual nature;
(14) You will not manipulate Warstorm so as to hide your identity or participation in Warstorm (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
(15) You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt Warstorm, users' ability to enjoy Warstorm, or the proper functioning of any software, hardware or equipment or materials used in connection with Warstorm; and
(16) You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of Warstorm.
(17) You will not use any automated programs or "scripts" to advance your character or characters, acquire goods, or otherwise accrue benefits in an automated fashion.
(18) You will adhere to and abide by any policies or rules posted in the News and Updates section of the Forums.

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use Warstorm without giving you any notice. In the event that your rights to use Warstorm are terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT Challenge Games IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON Warstorm FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.

Indemnity

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING Warstorm AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD Challenge Games AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF Warstorm, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO Warstorm, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.

Warranty Disclaimer

YOU UNDERSTAND THAT YOUR USE OF Warstorm (INCLUDING ANY DOWNLOAD FROM Warstorm AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING Warstorm) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT Warstorm AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM Warstorm, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Challenge Games MAKES NO WARRANTY THAT Warstorm WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT Challenge Games DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF Warstorm WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, Challenge Games DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO Warstorm AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM Warstorm.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Challenge Games OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR Warstorm, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF Warstorm OR Challenge Games, EVEN IF Challenge Games HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

Access Restrictions; Termination

We can terminate your access to Warstorm at any time. We may also remove any Content that you post without cause and without notice to you. We can also change these Terms at any time, and your continued use of Warstorm after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Site. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE Warstorm IN ANY MANNER FOR ANY PURPOSE.

Entire Agreement

These Terms are the entire agreement between you and Challenge Games. They supersede any and all prior or contemporaneous agreements between you and Challenge Games relating to your use of Warstorm. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. You can direct any questions concerning these Terms to support@warstorm.com.