This end user access and license agreement, as the same may be amended from time to time in accordance with this agreement ("EUALA"), describes the terms and conditions under which Shadows Edge/SE Gamer ("Shadows Edge", "SE Gamer"," or "we" or "our") offers the user ("you") the following computer information services:
An account allowing you to access, via the internet, an information processing system by which Shadows Edge creates, generates, stores, displays and processes electronic information fixed on Shadows Edge's computer file servers comprising Shadows Edge’s proprietary online gaming system (the "system"), and certain rights to exchange information with Shadows Edge’s System, and to use, such information. In addition, this EUALA
Sets forth the terms and conditions on which Shadows Edge offers you a license to use the internet interface software created by Shadows Edge to enable interaction with Shadows Edge’s system. If accepted by you in the manner described below, the then-current version of this EUALA shall apply each and every time you access Shadows Edge’s system or use the system. By pressing the "join now" button, you accept the terms and conditions set forth below as the same may be amended from time to time.
Each and every time you access an account, use, or enter or reenter the system, you accept the terms and conditions of the EUALA then in effect. All data entered into "the system" becomes the sole property of Shadows Edge/SE Gamer. Parents or guardians are liable for the activities of their child. The system alls users to enter their information into the system for display by others users. Therefore, it is the parent’s responsibility to monitor all activity of their children on the system.
In no event shall Shadows Edge/SE Gamer be held responsible for any damage that occurs to your account, nor is Shadows Edge/SE Gamer liable for any financial or emotional damage or distress you may suffer and/or for subsequent loss or damage to your account, and information.
Shadows Edge/SE Gamer retains the right to reject any and all data submitted to their system that it concludes, in its sole discretion, is indecent, obscene, or otherwise violates standards of good taste.
Ownership of the system and game content
You acknowledge and agree that Shadows Edge/SE Gamer is the sole and exclusive owner of the system, and all information that you enter into the system becomes the sole property of Shadows Edge/SE Gamer, and are the sole and exclusive owner(s) of all right, title and interest (including, without limitation, all intellectual property rights), code, programs, routines, subroutines, objects, files, data, (including all items, objects and attributes comprising or associated with an account, and information uploaded to, downloaded from, and accessible through the system, including, without limitation, graphics, sound effects, music, animation-style video and text, (collectively, "system content"). You further acknowledge the system is protected proprietary rights owned by Shadows Edge/SE Gamer, title to all of which is expressly reserved, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of the EUALA.
You specifically acknowledge that the time you spend using the system is for entertainment purposes only, and that you claim no interest in the value of such time as represented by the building up of information into the system and/or the items your account accumulates during your use Shadows Edge/SE Gamer.
User content; terms and conditions; the system affords users the means to communicate to the system information, including (without limitation) information, data, and other user content. As to user content, the following terms and conditions apply. Any user content you communicate or cause to be communicated to the system shall not
(A) infringe the intellectual property, proprietary, privacy or publicity rights of any third party;
(B) violate any law or regulation;
(C) be defamatory, indecent, obscene, child pornographic or harmful to minors; or
(D) contain any viruses, trojan horses, disabling code, worms, time bombs, "clear gifs" cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personally identifiable information.
You acknowledge and agree that we may take any action we deem appropriate as to any user content communicated by you, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors, ISPs or other users of the system and the game. As to all user content, you hereby grant to us an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property rights, in and to all or any part of your user content, in any medium now known or hereafter developed, subject to restrictions and limitations imposed elsewhere in the EUALA, and by applicable federal law.
You acknowledge and agree that the game content and user content may include content owned by independent content providers (including other users), and licensed to us. You, and any user of your account, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any game content and user content. Shadows Edge/SE Gamer does not prescreen user content as a matter of policy, but Shadows Edge/SE Gamer reserves the right, but does not undertake the responsibility, to remove user content at any time which it deems to be harmful, offensive, or otherwise in violation of this agreement. Without limitation of any of its other rights, Shadows Edge/SE Gamer shall have the right to display and publish any information (except personally identifiable information about you) developed in your account, for example, in charts, lists and other compilations, such as "top ten" lists and the like, without any prior notification to you of its intent to do so and without any compensation or any form of recompense whatsoever.
Rights to Access System and System Content
No interception or reverse engineering; violation of EUALA a material breach
This EUALA grants you the non-exclusive, revocable rights to access and use the system, to exchange, to download from, and to access and use system content and user content exclusively via an authorized account for purposes permitted by, and in a manner consistent with, the terms and conditions of this agreement. Any and all rights not specifically and expressly granted by Shadows Edge/SE Gamer herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. Specifically, but without limiting the generality of the foregoing reservation, except as expressly permitted by the EUALA then in effect, you may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any information accessible through the system, including without limitation, any part of the game content or user content, or any item, object, or character associated with your account, or your rights to access and/or use the system. You may not reverse engineer, disassemble or decompile, or otherwise reverse engineer or attempt to reverse engineer or derive code from any information accessible through the system (including, without limitation, data packets transmitted to and from the system over the internet), or analyze, decipher, "sniff," derive code from, or attempt to analyze, decipher, "sniff," or derive code from any packet stream transmitted to or from the system, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so. Any attempt to engage in any of these prohibited activities, whether successful or not, shall constitute a material breach of the EUALA and will result in sanctions, ranging from suspension of your access to the system, to immediate termination of access to the system and/or cancellation of any and all accounts you have on the system. It is in Shadows Edge/SE Gamer’s sole discretion to determine which sanction, if any, will be undertaken by the company. You may access the system and use it to access the system from any single computer. You agree that you will not intercept for any purpose other than system access in accordance with this agreement, any information accessible through the system or any packet transmitting any system content or other information to or from the system.
Any access to the system; or uploads, downloads, or use of information or game content accessible through the system, for purposes not permitted by the EUALA, or that violates the terms and conditions of the EUALA, shall be deemed an unauthorized use of the system and a material breach of the EUALA.