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Terms of ServiceUpdated: March 14, 2010

This Universal Terms of Service is amended periodically. It governs your use of any website, service, software, or game ("EMS Services") offered or hosted by Excelsior Media Studios, Inc. ("EMS"). It is an Agreement between EMS a Kentucky corporation, and You. This agreement together with our other policies constitute a complete and exclusive agreement between You and EMS concerning Your use of all EMS Services and supersedes and governs all prior agreements, or other communications.

1. Term Agreement
By accessing any EMS Service, you are agreeing you have read, understood, and agree to be bound by these Terms of Service, and all other policies made part of this Agreement by reference. You acknowledge that EMS may modify these Terms of Service at any time, that it is your responsibility to check for updates to them periodically, and understand that new terms are effective immediately upon posting unless otherwise noted.

If you do not agree with any of these terms, you are prohibited from using all EMS Services. EMS reserves the right to provide EMS Services to any individual or entity.

2. Privacy / Data Collection
Your privacy is very important to us. Please read EMSís Privacy Policy for information relating to EMSís collection and use of both personal and non-personal information. You can find EMSís Privacy Policy at http://www.etgirc.com/Content.asp?ID=365.

When you connect to an EMS Service, EMS may retrieve information from the computer used to log onto the EMS Service. The information we collect is very limited and per our privacy policy, may include non-personal information about the computer's hardware system and any data related to the computer's operation of EMSís Software or use of EMS Services. We will not collect any personal information about you without your knowledge and consent as stated in our Privacy Policy.

3. Materials on EMS Services
"Materials" on EMS Services shall include all software, technology, text, communications/posts, links, profiles, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from EMS Services, as well as the design and appearance of our websites.

All Materials on EMS Services are provided "as is". EMS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, EMS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Services or otherwise relating to such materials or on any Services or sites linked to its Services.

Most Materials on EMS Services are contributed by users of EMS Services and not provided by EMS itself. EMS does not pre-screen all of these Materials. Appearance of user contributed Materials on EMS Services does not imply EMS's endorsement, approval, completeness, accuracy, or usefulness of those Materials.

EMS reserves the right to remove Materials that are objectionable to us for any reason. The decision to remove Content is in EMS's sole and final discretion. To the maximum extent permitted by applicable law, EMS does not assume any responsibility or liability for Materials that is generated by third parties or for any failure to or delay in removing such Materials.

4. Accounts on EMS Services
An Account may be required to access and use some EMS Services, or parts of EMS Services.

To create an Account, you must be 13 or older and you must have a valid email address. During the creation of an Account you will need to pick a "username" for said Account. This username will be publically visible to others and may be required for you to use to login to your Account. You may not use a username that is already 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 you or someone else uses it with or without your permission to engage in activity that violates this Terms of Service or is otherwise improper or illegal.

5. Contributed Materials
You must have legal ownership of, right to, license to, or permission to use, post, and display all Materials you contribute. EMS may, without prior notice to you and in its sole judgment, remove Materials that may contain copyright infringements. To view our DMCA Notification Policy please goto http://www.etgirc.com/Content.asp?ID=374

When you contribute Materials to an EMS Service, you or the owner of said Material agrees to expressly grant to EMS a non-exclusive, perpetual, worldwide, complete and irrevocable right to use, reproduce, modify, create derivative works from, license, print, distribute, transmit, broadcast, and otherwise communicate, and publicly display the Materials, or any portion thereof, in any manner or form of EMS's choosing, without notice, payment or attribution of any kind to you or any third party. You grant EMS all licenses and consents to enable EMS to use such Materials for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Materials.

No Contributed Materials can contain links, advertisements, or images that are of a pay for click, pay for display, or a similar nature. The decision of what does and does not classify as one of these natures is at EMS's sole and final discretion.

6. Revisions and Errata in Materials
Despite efforts, The Materials appearing on EMS Services be them supplied by EMS or contributed Materials, could include technical, typographical, or photographic errors. EMS does not warrant that any of the materials on EMS Services are accurate, complete, or current. EMS also reserves the right to update and make changes to Materials at any time without notice, but makes no commitment to update the Materials.

7. Links
EMS has not reviewed all of the sites, channels, rooms, or other third party locations linked to or displayed on EMS Services and is not responsible for the contents of any such linked location. The inclusion of any link does not imply endorsement by EMS of that location. Linked locations may have different Privacy Polices than EMS. Use of any such linked location at the user's own risk.

8. Contributed Games
When you contribute Games to an EMS Service, you expressly grant to EMS a non-exclusive, perpetual, worldwide, complete and irrevocable right to use, distribute, transmit, broadcast, and otherwise communicate, and publicly display and execute the Game, or any portion thereof, in any manner or form and in any medium or forum. You grant EMS all licenses and consents to enable EMS to use such Games for such purposes. You likewise grant all licenses and consents for all users of EMS Services to use, play, and perform said Games.

All Games developed for EMS Services will be operated under a specific Game Play Model as outlined in the process of our Game Development Program which can be found at http://www.etgirc.com/Content.asp?ID=351.

9. Free, Trial, and Beta Services
Some EMS Services are free to use, as in EMS charges no Fee to use them. You are, however, always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using EMS Services. EMS reserves the right to always change which services do or do not require payment for use. In the event a Free EMS Service is to require payment for future use, all Account holders will have a thirty (30) day advanced notice via a posting on that EMS Service or that services corresponding website.

EMS may offer a free trial subscription to some paid EMS Services. During this trial subscription you will not be required to enter any personal or billing information other than the information required to create an Account for said EMS Service. Nor will you be billed or otherwise charged by EMS for use of said services while within the trial subscription's limited time period. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using EMS Services, even when we offer a free trial subscription. Trial subscriptions are not transferable.

EMS may offer a free Beta programs to some EMS Services or parts of EMS Services. The Beta program may be closed and by invite only, or may be open to all members of the public. The objective of a Beta program is to obtain general feedback on a wider array of test platforms, and to help track down and receive feedback on any issues, bugs, or crashes related to the Service being tested. A Beta program is also used to get general feedback on features, any other issues users may experience, and to get suggestions on improvements or tweaks that can be made. You agree and understand that by being accepted into a Beta program you are not an employee or contractor to EMS, nor are you paid for any feedback, help, or testing services you provide.

During Beta programs, EMS Services are provided "as-is", "when-available", and "at your own risk". Service is considered in an incomplete state and may there may be bugs, unincluded/disabled features, and in rare cases program crashes. No warranty is offered or implied on use of service. Software updates may be more frequent, and game characters, accounts, statuses, and scores as well as other non-personal data may be deleted at any time without warning. Beta programs for any given EMS Service may be discontinued at any time without warning. Beta Accounts and subscriptions are not transferable.

During Beta programs you will not be required to enter any personal or billing information other than the information required to create an Account for said EMS Service. Nor will you be billed or otherwise charged by EMS for use of said services while within the Beta program's limited time period. You are always responsible for any Internet service provider, telephone, wireless and other connection fees that you may incur when using EMS Services, even when we offer a free Beta program.

10. Paid Services
Some EMS Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities.

ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

EMS reserves the right to change our fees, fee structure, or billing methods at any time. If any change is unacceptable to you, you may cancel your subscription at any time, but EMS will not refund any fees nor prorate fees for any time or elements left in a subscription. If your use of EMS Services is subject to any use or sales tax, then EMS may also charge you for any such taxes or items, in addition to the subscription or other fees.

By agreeing to the EMS Terms of Service you have agreed to permit EMS to automatically renew your paid subscription to the EMS Service you have subscribed to, by charging a valid credit card number or other payment method which you have provided to EMS. Your subscription will be automatically renewed seven (7) days prior to the expiration of the subscription term ending for a fee no greater than the current price at the time of renewal, unless you cancel your subscription prior to then. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions.

11. Cancellation and Termination
You have the right to cancel your Account or a particular subscription to an EMS Service at any time. You understand and agree that the cancellation of your Account or a particular subscription to an EMS Service is your sole remedy with respect to any dispute or issue you have with EMS or any EMS Services.

EMS may issue you a warning, limit your access to parts of EMS Services, or EMS may terminate any and all Accounts that you have established for any violations of this Terms of Service, illegal or improper use of your Account, EMS Services, or EMS products.You acknowledge that EMS is not required to provide you any notice before terminating your Account(s). If EMS terminates any of your Accounts, you may not participate in an EMS Service again without EMS's express permission.

EMS may terminate any EMS Service at any time by giving you notice of such termination thirty (30) days ahead of the planned termination. In such an event, a notice shall be posted on the applicable EMS Service.

If your Account, or a particular subscription for an EMS Service associated with your Account, is terminated or canceled, no refund or prorating will be granted; and you will have no further access to your Account or the particular EMS Service.

12. Conduct
If you do anything that is intended to degrade the experience of others on an EMS Service or is illegal, you may find your Account limited or terminated. This includes cheating, harassing, spamming, hacking, infringing or other actions at the sole judgment of EMS Staff.

13. Software
EMS Services may require or allow you to download software, updates, or patches onto your computer ("EMS Software"). EMS grants to you a non-exclusive, limited license to use EMS Software solely for the purpose stated by EMS at the time the EMS Software is made available to you. If an End User License Agreement is provided with the EMS Software, your use of the EMS Software is also subject to the terms of that license agreement. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from EMS Software. You may not modify EMS Software or use it in any way not expressly authorized in writing by EMS.

14. Performance And Updates
You understand that the performance of EMS Software and related EMS Services may vary depending on your computer, platform, and other equipment. You understand that certain updates and modifications may be required in order to continue use the EMS Software and EMS Services.

15. Exporting
EMS Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading EMS Software from EMS, you warrant that you are not located in any country, or exporting EMS Software to any person or place, to which the United States has embargoed goods.

16. Limitations on Warranty and Liability
In no event shall EMS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use EMS Services or EMS Software, even if EMS has been notified orally or in writing of the possibility of such damage. Using EMS Services or EMS Software is always at your own risk, and they are provided on an "as is" and "as available" basis. EMS offers no warranties expressed or implied on any EMS Service or EMS Software. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

17. Governing Law
Any claim relating to EMS Services or EMS Software shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.

If any part of this Terms of Service, or any other policy or program referenced within 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 EMS, and the remaining portions shall remain in full force and effect.

The failure of EMS 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 EMS.

 
   
   

Site & Contents are Copyright 2010 Excelsior Media Studios, Inc.   -   All Rights Reserved   -  ETGiRC is a Trademark of EMS, Inc   -  Patents Pending
All Graphics, Logos, Games, Characters are Copyright / Trademark their Respective Owners.
Display of Organizational Names, Logos, or Graphics in No Way Indicates Endorsement, Support, or Sponsorship of ETGiRC by their Respective Owners.

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