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Terms of Use

 
Guest
 

CONSENT

PLEASE READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THIS WEB SITE (THIS "SITE"). BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THIS SITE. REYES COMPUTING SERVICES ("RCS") RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME, AT ITS OWN DISCRETION AND WITHOUT NOTICE TO YOU; HOWEVER, ALL SUCH CHANGES WILL BE POSTED TO THIS SITE. RCS ENCOURAGES YOU TO REVIEW THE TERMS OF USE FROM TIME TO TIME SO THAT YOU ARE AWARE OF ANY SUCH CHANGES. THE TERMS OF USE THAT ARE APPLICABLE TO YOU AT ANY GIVEN TIME ARE THE THEN-CURRENT TERMS OF USE.
RCS RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE. THIS SITE MAY PROVIDE LINKS TO VARIOUS OTHER WEB SITES, WHETHER AFFILIATED WITH RCS OR OTHERWISE. THESE OTHER WEB SITES MAY HAVE THEIR OWN TERMS OF USE POLICIES, WHICH ARE DIFFERENT FROM, OR IN ADDITION TO, THE TERMS OF USE SPECIFIED HEREIN. BY ACCESSING THESE WEB SITES THROUGH LINKS PROVIDED ON THIS SITE, YOU AGREE TO ABIDE BY EACH APPLICABLE TERMS OF USE POLICY AS THEREIN SPECIFIED.

COPYRIGHT, TRADEMARKS & INTELLECTUAL PROPERTY RIGHTS

Copyright © 2006 RCS. All rights reserved. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site, and the "look and feel" of the Site), images, graphics, animation, videos, music, sounds, articles, copy, creative, trademarks, logos, and subsidiary, parent, or affiliate company names and other materials on this Site are subject to the intellectual property rights of RCS, its subsidiaries and affiliates, and their respective licensors and licensees. These materials may not be copied for commercial use, reverse engineered, decompiled, or disassembled, nor may these materials be modified, re-posted to other web sites, framed, deep linked to, or otherwise redistributed in any form. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any RCS trademark, intellectual property right or copyrighted material without RCS’s prior written permission. Any unauthorized commercial use of these materials will violate RCS’s intellectual property rights and will be subject to RCS’s full legal rights and remedies.
RCS’s U.S. Trademarks

SITE USE

1. You understand and agree that you shall use the site for the purpose of game play only. You shall not use any portion of site, including, but not limited to, its messaging system, text fields, databases, forums and image display boxes for any purpose other than what is related directly to the site, determined at the sole discretion of RCS.
2. You understand and agree that you will not publish on or upload any material using any portion of the site, including, but not limited to, its’ messaging system, text fields, databases, forums and image display boxes that is considered by RCS, at its sole discretion, to be obscene, vile or hateful.
3. You understand and agree to abide by the TERMS OF USE, and Privacy Policy.
4. RCS may, at its option, terminate access to the site, without notice, for material breach of this Agreement, including, without limitation:

  • If you impair or attempt to impair the integrity of RCS’s computer programs, information or services.
  • If you disseminate information acquired hereunder in violation of Restriction on Use of Site below; provided, however, that RCS will still be able to exercise all of its other rights and remedies under this Agreement at law and in equity.

5. You understand and agree that you will not register an account on the site if you are under the age of thirteen years old.
6. When registering for the site, RCS shall provide you with the ability to select a User Name and Password. You shall maintain your User Name and Password in strict confidence. You shall be solely responsible for the maintenance of the confidentiality of your User Name and Password. Unauthorized sharing of a User Name and Password is prohibited and will result in immediate termination and deletion of account.
7. You shall be responsible for all electronic communications, including account registration and other account holder information, email and other data ("Electronic Communications") entered through or under your User Name and Password. You authorize RCS to rely upon any information RCS receives from your User Name and Password and you acknowledge that RCS shall not, in any way, be liable as a result of RCS relying on any such information provided by you. RCS will act as though any Electronic Communications RCS receives under your User Name and Password were sent by you. You agree to immediately notify RCS if you become aware of any loss or theft or unauthorized use of your User Name and Password.
8. The site provides a unique link for each user to use to help promote the site to potential new players. You understand and agree that you will not give out your unique link or in any other way advertise the site where it would be inappropriate or you do not have permission to do so. You shall not engage in any activity that would be considered by any other party as “spamming”.
9. Along with the conditions set forth under Site Use, you also agree to follow the basic Game Rules. Game Rules can be viewed here.

SITE ADMINISTRATON

RCS may, at their own discretion, appoint one or more Site Administrators (“ADMINS”) to assist with the operation of the site. ADMINS shall have the right at anytime to:

  • Discontinue site or change any portion of the GAME thereof, including, but not limited to, the content, availability and allotted users.
  • Assign volunteer staff (“TRUSTED ADMINS”) to assist with the operation of the site.
  • Suspend any user that it deems has violated any portion of the Terms of Use or Game Rules of the site
  • Process and apply incentives for donations to the site as outlined in Charges and Donations section below.

On certain occasions it will be necessary for RCS and ADMINS to enter your account for the purposes of maintaining the site, investigating abuse or complaints and debugging the site. You understand and agree to grant RCS an ADMINS full access to your account at any time.

CHARGES AND DONATIONS

There is no charge to become a member of the site. Players have the ability to make donations to the site for incentives. The donation amounts and corresponding incentives will vary and are not guaranteed. Donations will be processed at least once a day and there may be up to a 24 hour delay in the processing of donations, depending on timing and volume. We are under no obligation to provide an incentive to donations marked as “General Donations.” If you make a donation, you shall bear sole responsibility for the payment of any taxes imposed on your donation and receipt of the incentives by the national and/or local jurisdictions of and within your country. No refunds will be granted for any purpose. In the event of a RCS system failure while you are purchasing or submitting a donation, RCS will refund your donation and revoke any incentives received by you for that donation. All donations shall be denominated in United States currency.

RESTRICTIONS ON USE OF SITE

1. You understand and agree that all information acquired hereunder is for your personal use. All of the information on the site is proprietary to or is licensed to RCS by our users or third parties. You agree not to use any robot, spider, scraper or any other automated means, by whatever name known, to access the site for any purpose without RCS expressly providing, in an authorized writing, such permission.
2. You agree not to:

  • take any action that imposes, or may impose in RCS’s sole discretion an unreasonable or disproportionately large load on RCS’s hosting company’s infrastructure;
  • copy, reproduce, modify, frame, create derivative works from, distribute or publicly display any content, disseminate, distribute, or otherwise transfer or provide access to information acquired from the site without RCS having first provided you with an authorized signed writing expressly permitting you to do so;
  • interfere or attempt to interfere with the proper working of the site or any activities conducted on the site;
  • bypass measures we may use to prevent or restrict access to the site;
  • access the site by any means other than through the interface that is provided by RCS for use in accessing the site; or
  • otherwise violate the limited scope of permission hereby expressly granted. These restrictions shall survive the termination of the Terms of Use.

2. You understand and agree that information acquired hereunder is provided for use in an online environment. You agree that you will not download information acquired hereunder with the intent to database it for future use. RCS, at its sole discretion, will determine if user activity patterns indicate that information is being used for purposes other than normal game play. If RCS determines that information is being used for purposes other than normal game play, RCS shall immediately terminate all accounts involved.

PROPRIETARY DATA

This site and all systems, programs, records, statistics, data, documentation, and any other material utilized or developed or owned by RCS in connection with Terms of Use and the site and information supplied hereunder shall be and remain the sole property of RCS or its third party licensors. All rights, title to, and interest in, including copyrights and renewals thereof, all systems, programming, records, statistics, data, documentation, operator's manuals, components, and accessories comprising the system furnishing the services hereunder and provided by RCS shall remain the property of RCS or its licensor at all times. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the software for the site, without RCS's written consent.

LIMITED RIGHT TO USE SITE CONTENT

The viewing, printing or downloading of any content from the Site grants you only a limited, nonexclusive, revocable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, transfer, sale, preparation of derivative works or other non-personal use. No part of any content, graphic or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.
You may not create a web page or site or computer application of any kind that deep links to or frames this Site, any page of this Site, or any graphics, trademark or other proprietary information of any kind located on this Site without RCS’s express written permission. You may not use meta tags or any other type of hidden text utilizing RCS’s or any of its affiliates' names, trademarks or intellectual property rights on a web site without RCS’s express written permission.
Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all materials contained therein are reserved by RCS. Your right to access this Site may be terminated at any time by RCS without notice.

EDITING, DELETING AND MODIFICATION

RCS reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Site, including these Terms of Use, at any time without notice.

SYSTEM INTEGRITY

You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Site or to surreptitiously intercept any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the Site's network or other infrastructure.

PRIVACY POLICY

RCS recognizes the importance of respecting the privacy of those who visit this Web Site and choose to take advantage of the programs and information offered at this Site. The RCS General Privacy Policy (linked below) provides an overview of what you can expect when you enroll in one of our programs or simply browse our Site. Different or more detailed policies will be applicable to certain pages within our Site.
View Privacy Policy

SWEEPSTAKES

From time to time, the Site may invite you to enter sweepstakes or other promotions. All such sweepstakes and promotions are void where prohibited or restricted by law, and are subject to the Official Rules for such sweepstakes and promotions.

NO CONFIDENTIALITY WITH RESPECT TO SUMISSIONS OR FEEDBACK

While we welcome your comments and feedback regarding our Site, products and services, we do not want to receive, and will not accept, ideas or information with any understanding of a confidentiality or non-use obligation of any kind. All comments and feedback disclosed or offered by you to RCS shall be considered by RCS to be non-proprietary and non-confidential, and may be used by RCS without any further obligation to you whatsoever. By disclosing or offering such comments and feedback, you agree that RCS shall have no further confidentiality, non-use or other obligation to you.

LINKS TO OTHER WEB SITES

The Site may contain links to other web sites that are completely independent of this Site. RCS is not responsible for the accuracy, content, or authenticity of the information or content contained in any such linked web site, or for the products or services offered or sold through any such linked web site. Such links shall not be construed as an approval or endorsement by RCS of the linked web site, or information, content, products or services offered therein. These links are provided only as a convenience to you. If you decide to access other web sites through our Site, you do so at your own risk.

INDEMNIFICATION

You agree to indemnify, defend and hold RCS and its business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms of Use or your use of the Site.

NO REPRESENTATION OR WARRANTY

While RCS will use reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed and RCS does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.
THIS SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS," AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM RCS THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITATION, RCS DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL RCS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE OR ITS CONTENT, EVEN IF RCS OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
IN NO EVENT SHALL RCS’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, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY RCS SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW LIMITATIONS

These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the Commonwealth of Virginia, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in the Federal or state courts sitting in the Commonwealth of Virginia. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.
United Sates and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You agree to abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from this Site to or from any countries or foreign nations in violation of such laws or regulations.
Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use constitute the only terms between RCS and you. These Terms of Use supercede any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and/or services provided by or through the Site, and the subject matter of these Terms of Use. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, the Terms of Use shall take precedence. RCS’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of its right to enforce such provision.

Contact Information
Arctic Moon Studios, LLC
PO Box 455
Strasburg, VA 22657
Contact Us Last Updated: April 2009

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