1. ACCEPTANCE OF TERMSThe Kaiser Network provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.DESCRIPTION OF SERVICEThe Kaiser Network provides users with access to an internet-based community which provides mechanisms for users to interact, exchange text and host or join Kaiser Network-enabled games. Once a game is hosted or joined, the subsequent in-game interaction between users may happen seperately from the Kaiser Network service on hardware that may not be connected to Kaiser Network and using network connections not linked to Kaiser Network. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Kaiser Network assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.3. YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself when subscribing to and purchasing a membership and (b) If you provide any information that is untrue, inaccurate, not current or incomplete, or Kaiser Network has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kaiser Network has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).4. MEMBER ACCOUNT, PASSWORD AND SECURITYYou will receive a membership serial number designation via email soon after you purchase this membership. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kaiser Network of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Kaiser Network cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.5. MEMBER CONDUCTYou understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kaiser Network be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.You agree to not use the Service to:a. upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;b. harm minors in any way;c. impersonate any person or entity, including, but not limited to, a Kaiser Network Administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity;d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;e. transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);f. transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;g. transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;h. transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time playing;j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;k. "stalk" or otherwise harass another; orl. collect or store personal data about other users.Behavior that will NOT be tolerated:- rude- crude- inappropriate suggestions- racial remarks or comments- phallic suggestions- disrespectful- pornographic discussion- abusive- threatening- vulgar- crassAny text transferred via the Kaiser Servers are logged for record purposes only. Members who do not follow Member Conduct may be Suspended or Banned from Kaiser either permanently or temporarily without any notice or refund of Memberships paid.You acknowledge that Kaiser Network does not pre-screen Content, but that Kaiser Network and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Kaiser Network and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Kaiser Network or submitted to Kaiser Network. You acknowledge and agree that Kaiser Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:(a) comply with legal process;(b) enforce the TOS;(c) respond to claims that any Content violates the rights of third-parties; or(d) protect the rights, property, or personal safety of Kaiser Network, its users and the public.You understand that the technical processing and transmission of the Service, including your Content, may involve(a) transmissions over various networks; and(b) changes to conform and adapt to technical requirements of connecting networks or devices.6. SPECIAL ADMONITIONS FOR INTERNATIONAL USERecognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.7. PUBLIC CONTENT POSTED TO KAISER NETWORK(a) For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public.(b) With respect to Content you elect to post for inclusion in publicly accessible areas of Kaiser Network, you grant Kaiser Network the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting Kaiser Network. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Kaiser Network the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.8. INDEMNITYYou agree to indemnify and hold Kaiser Network, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.9. NO RESALE OF SERVICEYou agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.10. GENERAL PRACTICES REGARDING USE AND STORAGEYou agree that Kaiser Network has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Kaiser Network reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Kaiser Network reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.11. MODIFICATIONS TO SERVICEKaiser Network reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kaiser Network shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.12. TERMINATIONYou agree that Kaiser Network, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Kaiser Network believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Kaiser Network may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Kaiser Network may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Kaiser Network shall not be liable to you or any third-party for any termination of your access to the Service.13. DEALINGS WITH ADVERTISERSYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Kaiser Network shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.14. LINKSThe Service may provide, or third parties may provide, links to World Wide Web sites or other resources. Because Kaiser Network has no control over such sites and resources, you acknowledge and agree that Kaiser Network is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Kaiser Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.15. KAISER NETWORK'S PROPRIETARY RIGHTSYou acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Kaiser Network or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Kaiser Network grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Kaiser Network for use in accessing the Service.16. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KAISER NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.b. KAISER NETWORK MAKES NO WARRANTY THAT(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAISER NETWORK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.17. LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT KAISER NETWORK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KAISER NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(i) THE USE OR THE INABILITY TO USE THE SERVICE;(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.18. EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
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