Empiriana Terms Of Service Agreement
EMPIRIANA gaming service is provided by Infinite Realms On-Line Entertainment, Inc.
(IREALMS). This service is subject to the terms of this EMPIRIANA Service Agreement
("Agreement"). This agreement comprises the entire agreement between IREALMS and
you. This Agreement supersedes any prior agreements between you and IREALMS. However, you
are subject to any additional terms and conditions of which you are notified. IREALMS may
revise this Agreement at any time, with or without prior notice. You agree that it is your
responsibility to periodically review this Agreement to remain aware of any changes to
this Agreement. Your continued use of the IREALMS service following posting of the revised
Agreement shall be conclusively deemed to be acceptance of all such revisions.
Qualifying for Membership
YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. Registered Members,
receive a password and account number which uniquely identifies the member. You are
entirely liable for all activities conducted through the account number issued to you by
IREALMS. You may permit another individual, including a minor, to use your account subject
to your supervision and assumption of all resulting liabilities. You agree to provide
IREALMS with ongoing, accurate, complete, and updated registration information, and
failure to do so constitutes a breach of this Agreement and unauthorized access to the
IREALMS service, and may result in immediate termination of your account and subject you
to civil and/or criminal liability. IREALMS reserves the right to delete or restrict any
vulgar or otherwise offensive character names you create, or to require deletion thereof.
Empiriana contains various media including graphics, sound, music, software, stories,
characters, game designs, and other material and services hereafter referred to as
Content. You, and any user of your account, must evaluate, and bear the risk associated
with, the accuracy, completeness or usefulness of any Content. You also agree to not to
violate any copyrights, trademarks and service marks found within the Content provided in
EMPIRIANA. This includes but is not limited to duplicating or reproducing any aspect of
the EMPIRIANA game without prior written consent of IREALMS. IREALMS reserves the
right to add, change, or remove any content found in the EMPIRIANA service with out notice
at any time. You also acknowledge that all communications from IREALMS is
copyrighted material with all rights reserved by IREALMS under the United States Federal
and International Copyright laws, as well as common and applicable state laws, may not be
reproduced or published without the express prior written consent of IREALMS.
You agree to use the EMPIRIANA service only for lawful purposes. You further agree that
any conduct by you that in IREALMS' sole discretion inhibits any other Member, person from
enjoying or using the EMPIRIANA shall entitle IREALMS to immediately terminate your
relationship to IREALMS and all membership accounts without notice. IREALMS reserves
the right to restrict member's access to the Empiriana service including but not limited
to the suspension of messaging capabilities and other game elements or features in
response to complaints or for other reasons that IREALMS in its sole discretion deems as
appropriate. Accounts terminated by members prior to the completion of the duration
specified by service order for the period in question are not entitled to a refund either
in full or prorate for the remaining duration of their subscription term. Such
accounts will retain access to the Empiriana service for the duration of their
subscription term so long as they adhere to this Terms of Service agreement or unless
IREALMS determines that the member is disruptive to the enjoyment of the Empiriana service
by other members. IREALMS reserves the right to terminate an account, terminate
customer support, restrict messaging ability, or deny access for a specific duration as
disciplinary action as deemed appropriate by IREALMS in its sole discretion to ensure the
maximum enjoyment of the Empiriana service by the majority of the service's members.
IREALMS also reserves the right to terminate any membership account that is
determined to interfere with the business operations of IREALMS or the Empiriana service.
Accounts which are suspended either temporarily or permanently for violation of any
part of this agreement are not entitled to a credit or refund or extension of subscription
term for the period of suspension. Accounts terminated by IREALMS due to violation
of any part of this agreement forfeit all fees paid to IREALMS for the Empiriana service.
Fees forfeited in such a manner are not to be applied to any other service or
product offered by IREALMS nor are they to be credited to future purchases of service to
the Empiriana service.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE EMPIRIANA SERVICE, ALL SOFTWARE DISTRIBUTED BY IREALMS
ARE AT YOUR SOLE RISK. THE EMPIRIANA SERVICE AND ALL SOFTWARE PROVIDED BY IREALMS IS
PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IREALMS DISCLAIMS WARRANTIES AND CONDITIONS, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SOFTWARE OR SERVICES PROVIDED BY IREALMS,
AND PARTICULARLY EMPIRIANA SOFTWARE OBTAINED VIA THE INTERNET. IREALMS DOES NOT WARRANT
THAT USE OF THE EMPIRIANA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT IREALMS SHALL NOT ASSUME OR HAVE ANY LIABILITY WITH RESPECT TO
CONDUCT, COMMUNICATIONS OR CONTENT FOUND ON THE EMPIRIANA SERVICE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IREALMS BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF THE EMPIRIANA SERVICE OR SOFTWARE, EVEN IF
IREALMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, IREALMS' ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE
CUMULATIVE AMOUNT ACTUALLY PAID BY YOU TO ACCESS AND USE THE EMPIRIANA SERVICE, or
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES IREALMS' LIABILITY IS LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW.
Upon request of IREALMS, you agree to defend. indemnify and hold harmless IREALMS and its
staff from all liabilities, claims and expenses, including attorneys' fees, arising from
breach of this Agreement, and Conduct by you resulting in liability to any third party.
Either you or IREALMS may terminate your relationship to the EMPIRIANA service at any
time. Your only right with respect to any disagreement or dissatisfaction with any (1)
term of this agreement, policy or practice of IREALMS in the operation the EMPIRIANA
gaming service, (2) content found in the EMPIRIANA service, or (3) amount or type of fees
or billing methods, or change therein, is to terminate your membership to the EMPIRIANA
service by notifying IREALMS of your desire to terminate. IREALMS may request that your
notice of termination be submitted in writing or electronically. Your notice of
termination becomes effective upon receipt of your notice of termination by IREALMS, or
upon receipt of confirmation if confirmation is requested by IREALMS. Because IREALMS
offers a free evaluation period for members to evaluate the service at no charge before
purchasing or committing to a subscription, all sales are final and no refunds will be
This Agreement is governed by the laws of the State of California.
Usage of the EMPIRIANA service in any form constitutes agreement with all of the terms in
If any terms of this agreement are not permissible by law, they are void only to the
minimum extent required to make the agreement permissible to applicable laws.