PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
ACCEPTANCE OF CONTRACT TERMS
COPYRIGHT AND USER RESTRICTIONS
All site design, text, graphics, interfaces, and the selection and arrangement thereof are © 2000 Cyberlore Studios, Inc. All rights reserved. All material provided on this Site is protected by copyrights owned or controlled by Cyberlore or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Cyberlore or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site solely for personal, non-commercial use only provided you do not modify, copy, alter, reverse engineer, disassemble, or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this permission and that no title or material from any of Cyberlore's sites has been or will be transferred to you by Cyberlore or anyone else. Upon termination, you will immediately destroy any and all downloaded and/or printed materials. You also may not, without Cyberlore's prior, written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgement of Cyberlore's proprietary rights in them.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Cyberlore and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. Cyberlore aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including both Cyberlore's and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. Cyberlore prohibits use of the Cyberlore logo as a "hot" link to any other web site unless establishment of such link is approved in advance by Cyberlore in writing. A partial list of Cyberlore Trademarks follows: CYBERLORE, CYBERLORE STUDIOS, INC., the CYBERLORE logo, MAJESTY, and the MAJESTY logo.
DISCLAIMER OF WARRANTY
THE INFORMATION, SERVICES, PRODUCTS AND/OR MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE INFORMATION, SERVICES, AND/OR MATERIALS REST WITH YOU. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, CYBERLORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, OR OTHER VIOLATION OF RIGHTS. CYBERLORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION, SERVICES, AND/OR MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. CYBERLORE IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEMS OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND/OR MATERIAL CONTAINED ON THIS SITE.
Any products purchased from this Site are subject to the warranty provisions enclosed with said products. Please review the applicable warranty.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CYBERLORE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CYBERLORE OR A CYBERLORE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Cyberlore and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Cyberlore may make changes to these materials, or to the products described therein, at any time without notice. Cyberlore makes no commitment to update the materials.
POSTINGS AND/OR SUBMISSIONS
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Cyberlore for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. Further, Cyberlore reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
Cyberlore likes to hear from you. However, please bear in mind that Cyberlore does not accept or consider any unsolicited creative ideas or suggestions relating to any of its products or marketing plans. Therefore, please do not make any such submissions, including, but not limited to, ideas for games, or any other creative suggestions, ideas, notes, drawings, concepts or other information, to Cyberlore through the Site or otherwise. Cyberlore will not review any such submissions.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Cyberlore reserves the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
You agree to indemnify, defend and hold Cyberlore and its respective officers, directors, owners, employees, agents, information providers, licensors, and licensees (collectively, the "Cyberlore Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys' fees) incurred by any Cyberlore Party in connection with any use or alleged use of the chat rooms, bulletin boards, or other user forums of this Site, or any unauthorized, illegal, or infringing use of this Site by you. Cyberlore reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Cyberlore's defense of such claim.
You should be aware that when you are on Cyberlore's Site, you could be directed to other sites that are beyond its control. There may be links to other sites from Cyberlore that take you outside Cyberlore's service. These links are for convenience only and you access them at your own risk. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein. You shall not upload to, distribute through, or otherwise publish through this Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, and the parties irrevocably consent to bring any action to enforce this Agreement in the United States federal and Massachusetts commonwealth courts located in the County of Hampshire, Massachusetts. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by Cyberlore in the United States federal and Massachusetts commonwealth courts located in the County of Hampshire, Massachusetts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of Cyberlore's agents, licensors, licensees, successors, and assigns. In the event any one or more of the provisions of this Agreement is unenforceable, it will be stricken from this Agreement, but the remainder of the Agreement will be unimpaired. The headings in this Agreement are for purposes of reference only.