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
for information relating to EMSís collection and use of both personal
When you connect to an EMS Service, EMS may retrieve
information from the computer used to log onto the EMS Service. The
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
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.
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
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
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
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
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
11. Cancellation and
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 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
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.
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.
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
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.
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
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.