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Empiriana Terms Of Service

Below is the Infinite Realms On-Line Entertainment, Inc. Empiriana Terms of Service (TOS) Agreement for your review. When you are finished with this page, you may use your browser's back button or any of the links above to leave this page.

Empiriana Terms Of Service Agreement

The 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.

Content
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.

Service usage
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 US$10.00.

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.

INDEMNIFICATION
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.

TERMINATION
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 permitted.

GOVERNING LAW
This Agreement is governed by the laws of the State of California.

Acceptance
Usage of the EMPIRIANA service in any form constitutes agreement with all of the terms in the agreement.

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.

 

1998 Infinite Realms On-Line Entertainment, Inc. All Rights Reserved.