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YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE USING THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE SITE.
1. User Eligibility.
The Site is provided by Kuma and is available only to people and entities who can form legally binding agreements. If you do not qualify, do not use the Site.
2. License and Site Access.
Kuma grants you a limited personal, nontransferable, non-sublicensable, revocable worldwide license to access and make personal, non-commercial use of the Site. You may view and print limited quantities of material from the Site that Kuma has expressly permitted on the Site, as long as the material is used by you for information only, without further copying, and the material is used only for non-commercial purposes. Any rights not expressly granted by this agreement are reserved by Kuma. From time to time, and without notice, Kuma may establish and change its practices and restrictions concerning the use of the Site.
3. Intellectual-Property Ownership and Use.
Any intellectual property associated with the Site, including content and the trademarks, service marks, trade dress, copyrights and patents appearing on the Site or referenced in it, are the sole property of Kuma or other parties. Any rights associated with any intellectual property are retained by its owner, and are protected by applicable law. This agreement expressly prohibits any use of any intellectual property associated with the Site except as specified in Section 2, or as otherwise expressly authorized by Kuma in writing.
Associated Press ("AP") and other, similar proprietary text, photographic, audio and video material used in connection with the Website and the Kuma Online Service shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither the AP materials, similar materials nor any portion of them, may be stored in a computer except for personal and non-commercial use. Neither AP nor other proprietary party or licensee shall be held liable in any way to you or to any third party or to any other person who may receive information used in connection with the Website or the Kuma Online Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part of them or for any damages arising from any of the foregoing or occasioned thereby.
Kuma games are works of fiction. Any Kuma game that is based on real-world events is only representational and not an accurate depiction of real-world events. You should not rely on the accuracy of any Kuma game for any purpose, and under no circumstances should you seek to imitate any game experience in real life.
4. Restrictions on Use.
The Site is protected by United States and international law, including copyright and trademark laws. Your license does not include: any right of resale or of commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools in connection with the Site. You may not remove or alter any proprietary notices, including copyright notices, contained on any downloadable materials and must comply with any applicable end-user license agreements. You may not input or upload onto the Site any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any system, the Site or its contents, or that infringes any intellectual-property rights of Kuma or any third party. Inappropriate inputs and uploads include Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, pornographic, or otherwise offensive material, or engaging in any kind of harassment activity via the Site or any website linked to it. You are also prohibited from posting or transmitting any material that improperly impersonates any person or entity or falsely states an affiliation with a person or entity, contains false or misleading information or the private information of any other person, or is for commercial purposes, contains advertising or off-topic messages, or for the purpose of spamming. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials posted or transmitted by you.
Kuma reserves the right to disable any unauthorized links or frames and to bar any party from caching, framing or linking to any portion of the Site at any time. If you desire to provide a link from your website to the Site, or to frame it, you must first contact Kuma for written permission via the contact method provided on the Site. Kuma will be under no obligation, however, to permit any link or frame.
The Site provides users with information regarding current and upcoming Kuma products and services and promotional offers. Product and service descriptions and promotional offers on the Site may vary from time to time. Due to differences in equipment and other technical issues, as well as the possibility of typographical error, product and service descriptions and promotional offers may not be complete, current or accurate. Kuma cannot guarantee that any particular product or service or promotional offer displayed on the Site will be available at any time or will ever be made available at all. Certain products or services or promotional offers may, without notice, be subject to restrictions, whether as to quantity, minimum age requirements, or otherwise.
6. Your Information and Privacy Considerations.
In order to take advantage of the full capabilities of the Site, such as the participation in certain special offerings and promotions, and to receive e-mailed information and announcements, you may be asked to send us information about yourself or others. We respect your privacy and the privacy of others, and we will, of course, endeavor to take care of any information you supply to us. If you believe, however, that any such information is so private to you or to any other person that possible disclosure would be embarrassing or otherwise inappropriate, we ask that you do not supply that information, even if it means that certain of this Site's capabilities would therefore be rendered unavailable to you or any other person. We do require, however, that the information you elect to provide to us be true, accurate, current and complete, and we request that you update that information as necessary.
Mindful of the foregoing, you hereby grant us permission to (a) upload game-file information from the game directory and (b) download game files to you. Data about you or supplied by you may be stored and may reside on our servers. Any communications that you make through the Site or instrumentalities associated with it (including, but not limited to, messages solely directed at another player or group of players), may be monitored by our personnel. You consent to the monitoring of those communications and agree that you have no expectation of privacy in them. You acknowledge and agree that we may share information concerning your communications with us and other end-users, as well as your Site usage, including play results, with our licensors, licensees and agents.
We reserve the right to use "cookies," which are small computer files we would thereby transfer to your computer's hard drive to allow us to monitor Site usage and to personalize your experience of our Site and Services. You have the ability to accept or decline cookies, but if you choose to decline cookies, performance of the Site might be adversely affected.
Websites linked to the Site are likely governed by their own policies. Kuma is not responsible for those policies and expressly disclaims any liability relating to any aspect of any such linked site.
If you request any technical support, you consent to our remote access and review for the express purpose of providing that support and for debugging.
You agree that we may communicate with you via e-mail and any similar technology for any purpose relating to the Site and any associated Kuma service, as well as services or software that may in the future be provided by us or on our behalf.
Use of the game services associated with the Site is available solely to adults and, in their discretion, their minor children. If you are a minor, a parent or guardian must complete the registration process, accept the end-user license agreement or subscription agreement;that is required of you; that person shall thereby automatically accept full responsibility for all your obligations under all such agreements, including this one. Any person who agrees to the end-user license and\or subscription agreements shall have automatically represented and warranted to us that he or she is an adult and that he or she shall thereby have accepted this agreement under that condition. Parents and guardians may so accept for minors; however, they shall at all times be liable for the activities of those minors.
As an express exception to the foregoing, Kuma reserves the right to disclose information gathered from the Site and any Kuma service associated with it if required to do so by law or if done in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, Site and Kuma-service benefits, property or personal safety of Kuma, Site users or the public. You therefore authorize us to disclose any information about you to effectuate that purpose as we, in our sole discretion, believe necessary or appropriate.
The site, including any content or information contained within it and any linked website, is provided "as is" and "as available." TO THE FULLEST EXTENT PERMITTED BY LAW, KUMA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limitation to the foregoing, Kuma makes no representation or warranty of any kind as to any linked website or, (a) that there will be no interference with your enjoyment of the Site; (b) that information provided to you will fulfill any particular purpose or need; (c) that information is complete, reliable or accurate; (d) that any request will be honored according to your schedule or any stated schedule; (e) that the Site will otherwise meet any specifications, requirements or expectations; (f) that the Site will be uninterrupted, timely, secure or error free; (g) that the results that may be obtained from use of the Site will be accurate and reliable; or (h) that any errors in the content of the Site will be corrected.
Kuma shall have no liability for the deletion of any communications or information collected, maintained or transmitted by the Site or the failure to store any information, including personalized settings. Kuma shall have no liability with respect to any information posted by users on chat rooms or bulletin boards provided to users at any time. IN NO EVENT SHALL KUMA, ITS AFFILIATES OR EQUITY HOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO, OR THE USE OR ATTEMPTED USE OF, THE SITE OR ANY LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE.
At any time, and without notice, Kuma may modify, update, or otherwise change the terms of this agreement or the Site. You agree that you are deemed to be apprised of, and that you are bound by, those changes, immediately upon the posting of them.
Kuma may, in its sole discretion, terminate your use of the Site or cancel or terminate this agreement for any reason, without prior notice. Upon termination or cancellation of this agreement, you will immediately discontinue use of the Site. In its sole discretion, and at any time, Kuma may also discontinue providing the Site or any part of it, with or without notice. Kuma shall not be liable to you or any third party for any of the foregoing. Sections 3, 6, 7, 8, 9, 10, 11, 12, 13 and 14 shall survive termination of this agreement.
13. Jurisdiction and Choice of Law.
All claims regarding the Site shall be governed according to the laws of the State of New York, United States of America, without regard to its conflicts of law principles. Any claim or action arising under this agreement shall be subject to the exclusive jurisdiction of courts in New York County, United States of America. Kuma makes no representations or warranties that materials on the Site are appropriate or available for use in any particular location; accessing the Site from any territory in which its content is illegal is not permitted or sanctioned by Kuma.
14. Complete Agreement.
This agreement constitutes the entire agreement between you and Kuma with respect to use of the Site, superseding any other agreement between you and Kuma with respect to the subject matter of this agreement. Section headings in this agreement are for convenience only and have no legal or contractual effect. If any provision of this agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.
(C) Copyright 2005 Kuma, LLC. Kuma War and Kuma Reality Games are trademarks of Kuma, LLC.