PLEASE READ THE FOLLOWING TERMS and the SUPPLEMENTAL TERMS CAREFULLY. WHEN YOU USE ANY ONLINE GAME, SERVICE or WEBSITE FROM MASSIVE BEAR STUDIOS YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

LAST UPDATED: February 15, 2010

MASSIVE BEAR STUDIOS TERMS OF SERVICE
This Terms of Service and all supplemental terms, as amended from time to time, governs your use of any online game, service, or web site ("MBS Services") offered by MASSIVE BEAR STUDIOS or any its subsidiaries and affiliates (collectively, "MBS"). Please read the Supplemental Terms that are contained in links at the top of this document. If you do not see links, you can find the supplemental terms at the end of this document. Supplemental Terms and MBS’s Privacy Policy are an integral part of this Terms of Service and incorporated into this document by reference.
You agree to check MASSIVE BEAR STUDIOS TERMS OF SERVICE & PRIVACY POLICIES periodically for new information and terms that govern your use of MBS Services. MBS may modify the Terms of Service at any time. Revisions to terms affecting existing MBS Services shall be effective thirty (30) days after posting at terms.MBS.com. Terms for new MBS Services are effective immediately upon posting at terms.MBS.com.

MBS Account
An MBS Account ("Account") may be required to access and use some MBS Services. If you have questions about Account registration, please contact us by visiting massivebear.com.
To create an MBS Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the MBS Service for which you are registering. Some MBS Services may require creation of a "user name" or a "persona". User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. MBS will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

Privacy and Data Collection
Your privacy is important to us. Please read MBS’s Privacy Policy carefully for information relating to MBS’s collection and use of personal information. You can find MBS’s Privacy Policy at the Privacy Link on the Massive Bear website.
When you connect to MBS Services, we may retrieve information from the computer used to log onto the MBS Service. The information we collect may include information about the computer's hardware system and any data related to the computer's operation of MBS’s Software or use of MBS Services. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.
You understand, acknowledge and agree that your communications on MBS Services are not private or confidential, and may be viewed and used by others accessing the MBS Services.

Content
"Content" on MBS Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from MBS Services, as well as the design and appearance of our websites. Content may be provided by you or third parties, including other users of MBS Services. MBS does not pre-screen all Content and does not endorse, approve, or prescreen any Content that you and other users may contribute to MBS Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on MBS Services.
MBS reserves the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in MBS's sole and final discretion. To the maximum extent permitted by applicable law, MBS does not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.
You are solely responsible for your Content and may be held liable for Content that you post.

Intellectual Property Rights
Content on MBS Services is owned by MBS or MBS’s third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from an MBS Service unless you are expressly authorized to do so.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Content. MBS reserves all rights in MBS owned and licensed Content that are not expressly granted to you in this Terms of Service.
Making unauthorized copies of Content found on MBS Services may result in the termination of your MBS Account(s), prohibition on use of MBS Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless MBS from any unauthorized or illegal conduct by you, or through the use of your Account, on MBS Services.

Contributing Third Party Content to MBS Services
MBS respects the intellectual property rights of others. You must have the legal right to upload Content to MBS Services. You may not upload or post any Content on MBS Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. MBS may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of MBS's or a third party’s intellectual property rights, MBS may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as game points, digital assets and tokens).

Contributing Your Own Content to MBS Services; License Grant to MBS and Others
In exchange for MBS enabling your contribution of Content, when you contribute Content to an MBS Service, you expressly grant to MBS a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant MBS all licenses, consents and clearances to enable MBS to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
If the MBS Service on which you contribute Content permits other users to access and use that contributed Content as part of the MBS Service, than you also grant all other users of the relevant MBS Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant MBS Service without further notice, attribution or compensation to you.

Termination of MBS Services and Accounts
MBS may terminate any MBS Service at any time by giving you notice of such termination within the time period specified when you joined the particular MBS Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable MBS Service.
MBS may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of MBS Services, products, or MBS's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, MBS may terminate all of your Accounts and all related entitlements. MBS may issue you a warning, or MBS may immediately terminate any and all Accounts that you have established. You acknowledge that MBS is not required to provide you notice before terminating your Account(s). If MBS terminates your Account, you may not participate in an MBS Service again without MBS's express permission. To participate in an MBS Service, contact support.MBS.com MBS reserves the right to refuse to keep Accounts for, and provide MBS Services to, any individual. You may not allow individuals whose Accounts have been terminated by MBS to use your Account.

If your Account, or a particular subscription for an MBS Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular MBS Service (such as points, tokens or other digital items).

Cancellation of your Account
You have the right to cancel your Account or a particular subscription to an MBS Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use MBS Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with MBS, including any dispute related to, or arising out of: (1) any term of this Terms of Service or MBS’s enforcement or application of this Terms of Service; (2) the Content available through MBS Services or any change in Content provided through MBS Services; (3) your ability to access and/or use MBS Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for MBS Services.
Contact MBS's Webmaster to cancel your Account. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation.

Rules of Conduct.
You may violate the Terms of Service if you:
- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
- Disrupt the flow of chat in forum chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are an MBS employee or a representative of MBS, or attempt to mislead users by indicating that you represent MBS or any of MBS's partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on MBS Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus or corrupted data.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use in-game support or complaint buttons or make false reports to MBS staff.
- Use or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
- Modify any part of the MBS Service that MBS does not specifically authorize you to modify.
- Post or communicate any player’s real-world personal information using an MBS Service.
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an MBS Service.
- Use and communicate exploits to gain unfair advantage in a game
- Attempt to use MBS Software on or through any service that is not controlled or authorized by MASSIVE BEAR STUDIOS.
- Interfere with the ability of others to enjoy playing an MBS Service or take actions that interfere with or materially increase the cost to provide an MBS Service for the enjoyment of all its users.
Specific MBS Services may also post additional rules that apply to your conduct on those services.
You must also obey all federal, provincial, and local laws, regulations and rules that apply to your activities when you use MBS Services. MBS reserves the right to terminate your Account and to prevent your use of any and all MBS Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to MBS using the "Help" or "Report Abuse" functions in the relevant MBS Service.

 Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF MBS SERVICES, MBS SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. MBS SERVICES, MBS SOFTWARE, MBS’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. MBS PROVIDES MBS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE MBS SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT MBS WILL HAVE ADEQUATE CAPACITY FOR MBS SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MBS OR ITS LICENSORS IS TO STOP USING MBS SERVICES, AND TO CANCEL YOUR MBS ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT MBS, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON MBS SERVICES OR USE OF MBS SOFTWARE. IN NO CASE SHALL MBS OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "MBS AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO MBS FOR MBS SERVICES. IN NO CASE SHALL MBS OR MBS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF MBS SERVICES, MBS SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF MBS SERVICES OR ACCOUNTS.. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MBS’S AND MBS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. MBS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH MBS AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Notwithstanding the foregoing, nothing contained in this Terms of Service limits MBS’s liability to you for fraudulent misrepresentations, death or personal injury caused by MBS’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

Indemnification
Upon MBS's request, you agree to defend, indemnify and hold harmless MBS and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through MBS Services. Without limiting the generality of the foregoing, you agree to indemnify and hold MBS harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of MBS Services and for all of your communication and activity on MBS Services, including any Content you contribute, and that you will indemnify and hold harmless MBS, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on MBS Services, including any Content that you contribute.
MBS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to MBS in that matter. This Section shall survive termination of this Terms of Service.

Links to Third-Party Sites
MBS Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. MBS does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

General Terms
a. Remedies. You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the MBS Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including MBS’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
b. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of MBS, and the remaining portions shall remain in full force and effect.
c. Waiver. The failure of MBS to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by MBS.
d. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with MBS or relating in any way to your Account(s) or your use of MBS Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving MBS or its affiliates, employees, contractors, officers, directors, vendors and content providers. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with MBS, arising out of or relating in any way to your Account(s) or your use of MBS Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving MBS or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. As noted above, your conduct may also be subject to other local, provincial, national, and international laws.

Entire Agreement
The Terms of Service (including the MBS Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and MBS relating to your rights and obligations in the use of MBS Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on an MBS Service, MBS shall resolve the conflict in its sole discretion.

SUPPLEMENTAL TERMS
Additional Terms and Conditions for Specific MBS Services
Certain MBS Services may require you to read and agree to terms and conditions that are specific to that MBS Service. Your right to use that MBS Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, MBS will be the final and sole arbiter of any such inconsistencies.

Beta Tests
In its sole discretion, MBS may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to MBS (and to MBS only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a "Beta Test." You must sign and return to MBS a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.
In connection with the Beta Test, MBS may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the MBS site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of MBS. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.

You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to MBS, and MBS is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until MBS publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.
Upon request, you agree to immediately return to MBS all copies of the pre-release copy and confidential or proprietary information MBS provided to you.
As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status.
By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) MBS has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) MBS’s Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.
Beta Test accounts are non-transferable under any circumstances.