FinalEscape.com (hereinafter "the Website") is a massively multiplayer online role playing game (MMORPG). This Terms of Service Agreement (hereinafter "Agreement") sets forth the terms of your use of the Website. By registering for an account and using the services offered by the Website, you signify that you unconditionally agree to be bound by this Agreement and that you will comply with all state and federal laws of the United States and any applicable regulations. You further agree to comply with all local laws and rules regarding online conduct and acceptable content. If you do not agree to be bound by this Agreement, you must discontinue your use of the Website immediately. The administrators, owners and operators of FinalEscape.com (hereinafter "Administrators") reserve the right to modify this Agreement at any time without giving prior notice to you. Therefore, you should regularly review this Agreement in order to determine the current Terms of Service. Any modification of the Agreement becomes effective upon posting of the modified Agreement. Your continued use of the Website signifies that you agree to be bound by the Agreement as modified.


SCOPE OF SERVICE
The Website is offered as an entertainment service to registered members and users. The use of the Website for any purpose other than entertainment, including but not limited to commerce, trade, employment, marketing, advertisement or solicitation is strictly prohibited. The Website may contain references to fictional virtual items which may have names and/or descriptions similar to or identical to real world items. In no case shall the names or descriptions of such virtual items imply a real world value, or right of ownership for registered members or users. The Administrators reserve and retain all rights, title and interest in all aspects of the Website. Certain of these virtual items may have characteristics or qualities that integrate with the virtual world environment in varying manners or degrees. The Administrators reserve the right to alter or modify the characteristics of any virtual item, and/or to remove any virtual item at any time.



COPYRIGHT
All content included on the Website, including text, graphics, logos, buttons, icons, and images, is the property of FinalEscape.com, ActiveIdeas.com, Inc., or its licensors and is protected by U.S. and international copyright and trademark laws. The compilation of all content on the Website is the exclusive property of FinalEscape.com and is protected by U.S. and international copyright laws. All software used on the Website is the property of FinalEscape.com or its licensors and is protected by U.S. and international copyright laws. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content of the Website, or use the Website for any other purpose without the explicit written permission of the Administrators.


TRADEMARKS
FinalEscape.com, the FinalEscape.com logo and all other trademarks, servicemarks, and trade names appearing on the site are the property of FinalEscape.com or their respective owners that have granted FinalEscape.com the right to use such marks.


AGE RESTRICTIONS
You must be at least 13 years of age to use or become a registered member and user (hereinafter "Member") of the Website. By using the Website, you certify that you are at least 13 years old. If you are older than 13 but less than 18 years of age, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.


MEMBER CONDUCT
You hereby agree to refrain from engaging in any inappropriate conduct when using the Website. Inappropriate conduct will not be tolerated and may result in the termination of member privileges. Inappropriate conduct is any conduct deemed by the Administrators to be harmful to the online community, including but not limited to the following:

   » posting any content deemed to be obscene, sexually explicit, vulgar, threatening, harassing, or abusive;
   » posting any content (or hyperlinks to websites) containing pornography, nudity or violence;
   » soliciting of personal information from anyone under 18 years of age;
   » soliciting or promoting any criminal activity;
   » posting content which promotes hatred of any race, ethnicity, sex, gender, or religion;
   » transmitting unsolicited email to any member, moderator or administrator;
   » impersonating any person or entity;
   » posting advertisements or any other form of commercial solicitation without express authorization;
   » infringing the intellectual property rights of any third party;
   » posting any defamatory, libelous or otherwise false information; and
   » posting or transmitting computer viruses or any other malicious software.

Additionally, all Members of FinalEscape.com.com agree to abide by and adhere to the FinalEscape Game Rules.


HYPERLINKED WEBSITES
The Website may contain hyperlinks to other websites. If you leave the Website via a hyperlink, you do so at your own risk. We do not investigate the safety or accuracy of content posted on such hyperlinked websites, nor monitor them in any way. We do not endorse or approve the opinions expressed on any hyperlinked website and we are not responsible for the accuracy of the information provided therein. You should take precautionary steps to ensure that you are protected from harmful viruses, worms, Trojan horses, and other malicious software that may be contained in such hyperlinked websites.


MEMBER CONTENT

Member Content Representations and Warranties
By placing material on the Website, including but not limited to posting content or communications in any bulletin board, forum, blog, message or chat area, or posting text, images, audio files or other audio-visual content to the site (hereinafter "Member Content"), you represent and warrant:

   » you own or otherwise have all necessary rights to the Member Content you provide and the rights to provide it under these Terms of Service; and,
   » the Member Content will not cause injury to any person or entity; and,
   » any Member Content or personal information you provide on the Website remains subject to this Agreement, as well as the terms of our Privacy Policy and Game Rules.


Member Content License
For all Member Content you post, upload, share or otherwise make available to the Website, you grant the Administrators a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, reproduce, distribute, publish, publicly display, modify, adapt, translate, archive, store, and create derivative works from such Member Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize the Administrators to share the Member Content across all websites affiliated with FinalEscape.com, to include the Member Content in a searchable format accessible by users of FinalEscape.com and affiliated web sites, to place advertisements in close proximity to such Member Content, and to use your Member name, forum avatar and/or Member profile in connection with its use of the material you provide.

Member Content Screening and Removal
You acknowledge that the Administrators and/or its designees may or may not pre-screen, moderate or review Member Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, delete, block, alter, edit, or refuse any Member Content for any reason, including without limitation that such Member Content violates these Terms of Service, is otherwise objectionable, or is illegal in the United States.

Member Content Assumption of Risk
The Administrators cannot and do not monitor or manage all Member Content, and do not guarantee the accuracy, integrity, or quality of Member Content. All Member Content provided to FinalEscape.com is the sole responsibility of the person who provided it. This means that you are entirely responsible for all Member Content that you provide. To protect your safety, please use your best judgment when using the Website forums. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blog, message or chat area, or uploading text, images, audio files or other audio-visual content, you do so fully understanding that such information could be used to identify you.


NOTIFICATION OF COPYRIGHT INFRINGEMENT
Any individual or entity who believes that their copyrighted work has been infringed, or is aware of other infringing material on the Website, should use the Contact Form to provide the following information to the Administrators:

   » An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
   » Identification of the copyrighted work claimed to have been infringed.
   » Information describing where the allegedly infringing material is located on the website.
   » Your address, telephone number, and email address.
   » A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
   » A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.

Following receipt of the information listed above, we will remove or disable access to any infringing material and take reasonable steps to notify the member responsible for posting said material. The posting of infringing copyrighted material may result in the termination of member privileges of said responsible member.


TERMINATION OF USAGE
The Administrators may terminate, delete or suspend your Member account and/or deny access to all or part of the Website, without notice, for any conduct that the Administrators, in their sole discretion, believe is in violation of the Agreement or any applicable law, or is harmful to the interests of another Member, a sponsor, merchant or other third party, or the FinalEscape.com community.


DISCLAIMERS

General
THE WEBSITE IS PROVIDED BY THE ADMINISTRATORS ON AN "AS IS" BASIS. THE ADMINISTRATORS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE CONTENT APPEARING ON THE WEBSITE OR ANY HYPERLINKED WEBSITE. THE ADMINISTRATORS DO NOT ENDORSE THE OPINIONS EXPRESSED BY MEMBERS ON THE WEBSITE. THE ADMINISTRATORS ARE NOT RESPONSIBLE FOR THE ONLINE OR OFFLINE CONDUCT OF ANY MEMBER OF THE WEBSITE. THE ADMINISTRATORS MAKE NO WARRANTIES OR REPRESENTIONS OF ANY KIND CONCERNING THE GOODS OR SERVICES WHICH ARE ADVERTISED ON THE WEBSITE. THE ADMINISTRATORS ARE NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY THE DOWNLOADING OF SOFTWARE OR OTHER MATERIALS BY ANY USER OF THE WEBSITE. THE ADMINISTRATORS ARE NOT RESPONSIBLE FOR ANY DAMAGE CAUSED TO ANY COMPUTER OR ONLINE SYSTEM RESULTING FROM USE OF THE WEBSITE.

Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL THE ADMINISTRATORS, NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR COMPUTER MALFUNCTION RELATED TO OR ARISING OUT OF THE USE OF THE WEBSITE OR ANY HYPERLINKED WEBSITE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THAT WHICH HAS BEEN PAID, IF ANY, BY YOU TO THE COMPANY.

Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS, THE ADMINISTRATORS, ITS MEMBERS, MODERATORS, MANAGERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING FROM YOUR USE OF THE WEBSITE.


OTHER
This Agreement constitutes the final agreement between you and the Administrators, superseding all prior agreements. By using the Website, you agree to be bound by the Agreement. If any provision of this agreement is found to be void or unenforceable, that provision which is void or unenforceable shall be replaced with a valid provision which comes closest to fulfilling the purposes of this Agreement. The failure of the Administrators to enforce a provision of the Agreement does not constitute a waiver of any provision of the Agreement. You agree that the laws of the State of Connecticut, USA, without regard to conflicts of law provisions, will govern this Agreement and any dispute arising between you and the Administrators. Any action brought against the Administrators, its members, managers, employees, or agents related to the use of the Website, must be brought in the state or federal courts of Hartford County, Connecticut, USA, and you consent to the exclusive personal jurisdiction of such courts. Furthermore, the Administrators or you may demand that any dispute between you and the Administrators be submitted to confidential arbitration in Hartford County, Connecticut, USA and will be conducted under the procedures of the American Arbitration Association. Please Contact Us if you have any questions concerning this Agreement.

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FinalEscape.com Terms of Service Agreement effective as of November 1, 2009.

FinalEscape.com Terms of Service Agreement last modified on November 13, 2009.

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BY USING THE FINALESCAPE.COM WEBSITE, YOU SIGNIFY THAT YOU UNCONDITIONALLY AGREE TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT.