TURBINE, INC.

TERMS OF SERVICE

Last updated:   August 3, 2009

IMPORTANT — READ CAREFULLY:  Please be sure to carefully read and understand all of the rights and restrictions described in the following Terms of Service (“ToS”), which govern any and all services provided to you by or on behalf of Turbine, Inc., a Delaware corporation with its principal office in Westwood, Massachusetts (together with its affiliates and each of their respective successors and assigns, “Turbine,” the “Company” or “we” or “us”), via turbine.com, lotro.com, ac.turbine.com, myaccount.turbine.com, as well as any and all other web sites or Internet-based services owned, operated, licensed or controlled by Turbine (collectively, the “Turbine Service”), except to the extent any such site or other service contains or links to a separate terms of use, terms of service or other agreement that specifically governs all aspects of such site.  The Turbine Service may include, but is not limited to, online games (collectively, the “Games”) and other related content, materials and features, such as user accounts, titles, computer code, themes, objects, characters, names, stories, dialogue, catch phrases, locations, concepts, artwork, images, photographs, animations, sounds, musical compositions, audio, video, effects, methods, text, transcripts, profile information, records or recordings of game play, and any related documentation, applets, client or server software, as well as all patches, updates and supplements thereto, made available or by or on behalf of Turbine, in its sole and absolute discretion, from time to time, in connection with the Turbine Service (collectively, “Game Content”). You MAY NOT Access Or OTHERWISE USE ANY ASPECT OF THE TURBINE SERVICE until and unless you accept the terms of the current TOS.

The ToS is a legal agreement between the individual end user customer (“you”) and Turbine, setting forth the terms and conditions under which Turbine is willing to permit you to access and use the Turbine Service.  In addition to the ToS, you also may be required to agree to be bound by the terms of one or more other legal agreements with Turbine or one or more third parties related to the Turbine Service, including, but not limited to, the terms of the any end-user or other license agreements, codes of conduct, rules, instructions or guidelines regarding particular aspects of the Turbine Service, as applicable, presented to you from time to time. If there is any conflict between any of the foregoing and the ToS, Turbine shall resolve the conflict in its sole discretion.

YOUR RIGHT TO USE THE GAME IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE TOS.  BY PRESSING THE “ACCEPT” BUTTON, OR BY ACCESSING OR OTHERWISE USING THE GAME, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE TOS AS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY PROVISION SET FORTH HEREIN, YOU MAY NOT ACCESS OR OTHERWISE USE THE GAME IN ANY MANNER FOR ANY PURPOSE. YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT (YOU MUST CONSULT YOUR PARENT OR LEGAL GUARDIAN IF YOU ARE UNDER THE AGE OF MAJORITY).

TERMS SUBJECT TO CHANGE:  You understand that we may change the ToS from time to time without giving you any notice. You are responsible for regularly reviewing all applicable provisions of the ToS.  The most current version of the ToS can be reviewed by clicking on the “Terms of Service” hypertext link located at www.turbine.com/?page_id=81.   If you do not agree to any changes in the ToS, your only remedy is to cease using the Turbine Service and to cancel any subscriptions or accounts that you may have established with us in connection with the Turbine Service.  Your right to continue using the Turbine Service is expressly conditioned on your acceptance of any and all such changes and your continued use of all or any part of the Turbine Service after Turbine makes any such change available for your review will mean that you have accepted such change. IN THE EVENT THAT YOU DO NOT AGREE TO ANY FUTURE CHANGE IN THE TOS, YOUR ONLY RECOURSE WILL BE TO TERMINATE YOUR RELATIONSHIP WITH TURBINE BY CANCELING ANY SUBSCRIPTIONS OR ACCOUNTS YOU MAY HAVE ESTABLISHED WITH US AND YOU WILL NO LONGER BE ENTITLED TO access or OTHERWISE USE the Turbine Service IN ANY MANNER FOR ANY PURPOSE.

Privacy Policy

See Turbine’s Privacy Policy (http://www.turbine.com/index.php?page_id=59) relating to the collection and use of your information which forms a part of the ToS.  You hereby consent that Turbine may use your personally identifiable information in accordance with the terms of the Privacy Policy.

You agree that Turbine (or its designees) may collect personal information from you for purposes related to your use of Turbine products and services and that some personal information you provide to Turbine (or its designee) may be stored outside of the country in which you reside.  In certain jurisdictions in which local law may be required to apply, some of the information collected by Turbine (or its designee) may be considered personal information, and entitle you to the right to object to its collection, and to a right to access and correct the collected information pertaining to you.

Notwithstanding anything to the contrary, we reserve the right to disclose any personal information about you or your use of the Turbine Service, including your Content, without your prior permission if we have a good faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process or any governmental request; (b) protect and defend the rights or property of Turbine or its affiliated companies, licensors or licensees; (c) enforce the ToS or any other terms, conditions, notices, licenses or agreements included in or otherwise applicable to the Turbine Service; (d) act to protect the interests of users or other third parties; or (e) as permitted by applicable law.  Our performance hereunder is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Turbine or information provided to or gathered by us with respect to such use.

User Accounts, Passwords; Security

To access or use certain aspects of the Turbine Service, you may be required to create an account with Turbine.  To create an account, you must complete the required registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form and you warrant that all information that you submit in connection with your account is true and accurate (including, without limitation, your billing information such as credit card number and expiration date, as applicable).  You may not use anyone else’s account at any time.  Your account is personal to you and you may not transfer or make available your account to others.  Any distribution by you of your account or related information may result in cancellation of your account without refund and may result in additional charges or other liability being owed by you based on any unauthorized use.

You may also be asked to choose a user/account login name and password for your account and you may be asked to choose names for the characters you play in some Games. You may not use a login name or character name that is used by someone else, is vulgar or otherwise offensive, as determined by Turbine in its sole discretion, or is used in any way that violates the ToS or infringes any trademark or other proprietary rights of Turbine or any other party.  Certain login names or character names may be banned by Turbine (or its licensees or licensors) from time to time.  You acknowledge and agree that Turbine has the right to post and display your character names within the Turbine Service (including, but not limited to, posting your character names within the Games and/or on Game-related web sites and bulletin boards) in the event your access to any of the Games is suspended or terminated for a violation of the ToS or any other terms, conditions, notices, licenses or agreements included in or otherwise applicable to the Turbine Service.  Further, you acknowledge and agree that Turbine has the right, without any compensation or credit to you, to use your character names and descriptions or depictions of your characters in-game activities in our marketing and publicity efforts (including but not limited to describing or depicting on Game-related websites your character’s adventures and experiences).

You are entirely responsible for maintaining the confidentiality of your account information (including user/account login names and passwords and any billing information) and for restricting access to your computer. As the account holder, you are responsible for all charges incurred, including applicable taxes, under your account.  You agree to accept the entire responsibility for any and all activities that occur under your account, including, but not limited to, any purchase or sale transactions made in connection with the Turbine Service, either with or without your knowledge, by you or anyone that uses your account (e.g., your family, friends or an unauthorized third party). You agree to notify Turbine immediately of any unauthorized use or theft of your account information or any other breach of security (and to provide properly documented evidence as reasonably requested by Turbine).  Turbine will not be liable for any loss that you may incur as a result of someone else using your account.  However, you will be liable for losses incurred by Turbine (or any third party) due to someone else using your account.

Although the Turbine Service may offer a feature that allows you to “remember” your password and thereby bypass the password protection, this feature may make it possible for third parties to access your account.  You acknowledge and agree that use of this password bypass feature will be at your own risk.

Termination and Cancellation

Turbine reserves the right to terminate accounts, cancel orders, refuse service, or terminate, deny or restrict access to any person at any time without notice for any or no reason in Turbine’s sole discretion, including, without limitation, for violation of the ToS. If you violate the ToS, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any account.  You acknowledge that Turbine is not required to provide you notice before terminating or suspending any account, but it may choose to do so.   You understand that online games and services and system specifications necessary to play online games or access any other services may continuously evolve over time.  Accordingly, Turbine may modify and/or increase the system specifications necessary to access or use the Turbine Service, or any other online game or services, whether free or subscription based, without prior notice and at any time in its sole discretion.

You have the right to cancel your account with Turbine at any time by following the procedures made available by Turbine.  You understand and agree that, except as expressly provided by law, the cancellation of your account is your sole right and remedy with respect to any dispute with Turbine.  This includes, but is not limited to, any dispute related to, or arising out of: (1) the Turbine Service or your ability or inability to access or use the Turbine Service or any portion thereof; (2) the ToS or our enforcement or application of the ToS; or (3) the amount or type of fees, charges, billing methods, or applicable taxes, or any change to the fees, charges, billing methods or applicable taxes.

In the event that your account is terminated, suspended or canceled, TURBINE RESERVES THE RIGHT TO COLLECT ANY AMOUNTS INCURRED PRIOR TO SUCH EVENT, no refund will be granted; unused subscription time or any other time lost or spent by you as well as any Game Content or anything associated with account (such as TURBINE POINTS OR in-game items) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it.

Charges, Billing, Payment Methods

As AN account holder, you are responsible for all charges incurred (including applicable taxes) and all TRANSACTIONS made by you AS WELL AS ANY THIRD PARTY (including, WITHOUT LIMITATION, your family or friends) WHO uses your Account (WITH OR WITHOUT YOUR AUTHORIZATION).

Turbine, in its sole and absolute discretion, may make it possible for you to use to a credit, charge or debit card, prepaid game card, or online payment service, (each referred to herein as “Payment Method”) for your subscription(s) and/or transaction(s) from time to time.  Turbine does sell products intended for people ages 13 and up, but it sells them only to adults who can purchase with a permitted Payment Method.  If you are under over 13 but under 18, you may use the Turbine Service only with involvement of a parent or guardian.

When you provide Payment Method information to Turbine (or its designated service providers, licensees or subcontractors), you represent and warrant to Turbine that you are the authorized user of the Payment Method that is used to pay subscription charges, transaction amounts or other fees.  So long as you have an active Payment Method associated with your account, you agree and reaffirm that Turbine is authorized to charge your Payment Method for any and all subscription fees and/or transaction fees, as applicable, incurred or recurring under your account until and unless your account is canceled or the Payment Method is deactivated in accordance with the ToS.  You agree to promptly notify Turbine of any changes to your Payment Method, including, but limited to, changes to your account number, expiration date or billing address, as applicable, and you agree to promptly notify Turbine if your Payment Method expires or is canceled for any reason.

Items in your shopping cart will reflect the most recent price displayed on the item’s main page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your cart and the time you purchase it. Some discounts are limited-time offers.  Unless otherwise indicated, all prices are listed and payable in U.S. dollars and do not include Internet service provider, telecommunications, or other third party fees or charges.  If your use of the Turbine Service is subject to use or sales tax, then Turbine may also charge you for any such taxes, in addition to any other applicable fees.

Some subscriptions or other transactions may renew automatically.  If you do not want any automatic renewal to occur, you must unsubscribe or cancel such transaction before the applicable renewal date.

We reserve the right, in our sole and absolute discretion, to refuse any order you place with us or to limit or cancel quantities ordered per person, per household or per order. These restrictions may include orders placed by or under the same customer account or the same credit card, or orders that use the same billing address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail address provided by you. Without limiting the generality of the foregoing, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, banned users or “farmers.”

We may provide links to other web sites.  Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Turbine.  Turbine may also provide access to third-party vendors who provide content, goods or services on the Internet.  Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.  Turbine makes no representation or warranty regarding any content, goods or services provided by any third party even if linked from or accessed through the Turbine Service.

Free-To-Play Games; Free Trials

From time to time, the basic version of certain Games or certain Game Content, may be made available for you to use free of charge, while other Games or Game Content may be made available only upon payment of a fee, as determined by Turbine in its sole and absolute discretion.  Details related to the availability of Games or Game Content on a free or premium basis may vary, but Turbine generally will attempt to provide notice of such details, including, but not limited to, acceptable Payment Methods and associated costs (if any), and other matters related to such Games or Game Content, to users of the applicable Game at appropriate times and places within the Turbine Service, as determined by Turbine from time to time in Turbine’s sole discretion.

From time to time, we may offer various free trial subscriptions in connection with the Turbine Service. In some cases, in order for you to accept an offer and begin a free trial subscription, we may require that you provide us with a Payment Method for us to bill subscription charges after the free trial subscription expires, as determined by Turbine in its sole and absolute discretion.  In such cases, we may begin to bill your Payment Method at the end of the free trial subscription unless you cancel your subscription before the free trial subscription expires.

You are always responsible for any Internet service provider, telecommunications, and other third party fees that you may incur, even when we offer a free trial subscription or otherwise make any Game or Game Content available free of charge. 

Without limiting the generality of the foregoing, you understand that Turbine may charge fees for access to certain Games or Game Content, such as certain levels or in-game items, or for participation in various activities related thereto, on a subscription or per-transaction basis (or any variation or combination thereof ), as designated by Turbine from time to time in Turbine’s sole discretion.  You understand that Turbine reserves the right to change any and all matters related to any and all Games or Game Content without notice to you and at any time in Turbine’s sole discretion, except as expressly prohibited by applicable.  If any pricing, billing or other change is unacceptable to you, you agree that your sole recourse is to cancel your account and you further agree that Turbine will not be required to prorate any subscription or otherwise refund any other fees in whole or in part that may have been charged to your account before your cancellation.

Game Content and Associated Rights

All right, title, and interest, including, copyrights and other intellectual property rights in and to the Games and all Game Content, the accompanying printed materials, if any, and any copies and derivative works of any of the foregoing, are owned by us (or our third party licensors).  In accordance with the ToS, you may be granted a non-exclusive license to portions of Game Content (including, but not limited to, in-game currency, coin, credits, points, attributes, levels, housing, characters or other virtual in-game items, or any data, information or materials appearing or stored in connection with your account or otherwise acquired from, generated by or made available in connection with the Turbine Service) for the sole purpose of using the Turbine Service as expressly provided in the ToS for your noncommercial, personal use. If we provide you documentation only in electronic form, you may print one copy of such electronic documentation for the sole purpose of using the Turbine Service as expressly provided in the ToS for your noncommercial, personal use.

You hereby acknowledge and agree that you have no proprietary interest in your account or any Game Content (including, without limitation, characters, housing, items, credits, currency, coin or other virtual in-game items, or any DATA, INFORMATION OR materials appearing OR STORED IN CONNECTION WITH YOUR ACCOUNT OR OTHERWISE acquired from, generated by or MADE AVAILABLE IN CONNECTION WITH the Turbine Service).

You understand that Game Content has no real world value.  All Game Content is licensed solely as part of the Turbine Service and may be used only in the Turbine Service. Accordingly, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, buy, auction, rent, lease, loan, share, sell, transfer or otherwise exploit any Game Content (including, but not limited to, in-game currency, coin, credits, points, attributes, levels, housing, characters or other virtual in-game items, or any data, information or materials appearing or stored in connection with your account or otherwise acquired from, generated by or made available in connection with the Turbine Service), or offer, host, or facilitate the ability of others to do any of the foregoing, without the express written consent of Turbine (e.g., a guest pass). Any purported attempt to do any of the foregoing in violation of this paragraph is null and void.

You acknowledge that the time that you spend on the Turbine Service is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time. In particular, but without limitation, you understand that monetary value cannot and shall not be attributed to the time that you may spend accumulating Game Content.  From time to time Turbine may, in Turbine’s sole discretion, allow redemptions or other transactions in connection with Game Content, as further described in the ToS, but you understand that Turbine makes no promise or guarantee to you that Turbine will do so for you under any circumstances.

TURBINE reserves the right, at any time, to modify the Game Content or to modify, suspend, or discontinue the Turbine Service or any PORTIONS thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Game Content or modification, suspension, or discontinuance of the Turbine Service.

Fictional In-Game Currencies

Turbine Points

In connection with the Turbine Service, Turbine may allow you to store in your account a form of fictional in-game currency, presently referred to as “Turbine Points,” which you may be permitted to redeem for eligible Game Content, as designated by Turbine from time to time in Turbine’s sole discretion.  Permitted redemptions, if any, apply only to Turbine Points and not to any other Game Content.  You may obtain Turbine Points in a variety of ways. For example, you may receive Turbine Points when you use certain features or when you actually complete certain actions in the Turbine Service (sometimes also referred to as “Reward Points”).  Alternatively, you may be permitted to obtain Turbine Points in a purchase transaction via an approved payment method.  Any such permitted purchase transaction is final and non-refundable.  You must ensure that any Turbine Points you purchase are properly posted to your account and that your account accurately reflects the Turbine Points stored by you. If you believe that you have validly purchased Turbine Points that have not posted to your account, then you must contact us within 12 months after the date you claimed to have purchased those Turbine Points.  You acknowledge and agree that we may require reasonable documentation to support your claim and our resolution of your claim after our internal customer service review will be considered binding and final by you.

To the fullest extent allowed by law, Turbine retains full ownership rights in any and all Turbine Points and grants you a limited, non-exclusive, non-transferable license to use Turbine Points only as expressly designated by Turbine in the Turbine Points guidelines.  In the event that your account is cancelled or terminated by you or by Turbine for any reason, then you will no longer have the right to use any Turbine Points stored in or otherwise associated with your account, without any compensation to you or any liability of Turbine.  Once we delete Turbine Points associated with your account , we will not reinstate them, except at our discretion. We may cancel, suspend or otherwise limit your access to Turbine Points stored in your account if we suspect fraudulent, abusive or unlawful activity associated with your account. When we cancel, suspend or otherwise limit access to Turbine Points stored in your account, your right to use Turbine Points stored in your account immediately ceases. We will use reasonable efforts to investigate accounts that are subject to access limitations and to reach a final decision on the limitations promptly. In addition, we may limit your use Turbine Points stored in your account, including applying limits to: the number of Turbine Points you may have stored in or credited to your account balance at one time, the number of Turbine Points you may redeem within a given time period (for example, one day), or the number of Reward Points you may obtain per promotion. We may remove Turbine Points from your account if they are posted to your account in connection with an activity that is subsequently voided, canceled or involves a return.

When you obtain Turbine Points, you have obtained a limited license from Turbine as described in the previous paragraph. Points have no monetary value. You may not obtain any cash or money in exchange for Turbine Points, regardless of how you obtained those Turbine Points. Turbine Points are not your personal property. Your only recourse for Turbine Points obtained by you, if any, is to use such Turbine Points for redemption to obtain specific Game Content as designated Turbine from time to time in Turbine’s sole discretion.

We encourage you to redeem Turbine Points stored in your account. Turbine reserves the right, at any time and for any reason, to cease to allow any and all uses of Turbine Points previously permitted by Turbine.  In such cases, Turbine generally will attempt to provide advance notice to users of the Turbine Service and an opportunity for users to redeem then-existing Turbine Points for eligible Game Content, as designated by Turbine in its sole discretion. Turbine Points are non-transferable and non-exchangeable and any purported transfer or exchange of Turbine Points is null and void. The existence of a particular offer available for redemption of Turbine Points is not a commitment by us to maintain or continue to make such offers in the future. The scope, variety and type of Game Content that may be obtained by redeeming Turbine Points can change at any time. We have no obligation to continue making offers available for redemption of Turbine Points. We may further restrict Turbine Points based on your country of residence.

Software and Downloaded Materials

To play most Games, you must have (a) the client software (the “Client”) which must be lawfully acquired by you and installed on your personal computer (which must conform to the minimum specification requirements determined by Turbine); (b) a online access to the Game server software and related online virtual world (the “Server”) on a free-to-play, free trial subscription or paid basis, as applicable, through Turbine or our authorized distributors or service providers; and (c) a suitable connection to the Internet (not provided by Turbine) to connect to the Server.  You are responsible for all charges and costs you incur in order to access the Server and play the Game, including, without limitation, the subscription fees, transaction fees, and charges for Internet and telecommunications connections.

Any software, including, but not limited to any Client or Server software,  that is made available to download or otherwise accessible through Turbine in connection with the Turbine Service (“Software”) is the copyrighted work of Turbine and/or its licensors.  For any Software that is accompanied by or otherwise already covered by a separate license agreement, use of such Software is subject to the terms of the applicable license agreement and you may not install or use any such Software, unless you also agree to the terms of any applicable license agreement and pay all applicable license fees or online fees, if any.  For any Software that is not accompanied by or otherwise already covered by a separate license agreement, Turbine hereby grants to you, the user, a personal, non-exclusive, non-transferable, revocable, limited license to operate the Software solely for accessing and using the Turbine Service for noncommercial and personal use only in accordance with the ToS, and for no other purpose, upon payment of all applicable license fees or online fees, if any.  .  Software is made available solely for use by users in connection with the Turbine Service in accordance with the ToS and subject to any applicable license agreement.

Turbine hereby grants you a personal, non-exclusive, non-transferable and non-assignable, limited license to operate and display, for noncommercial and personal use only, one copy of any material that you are expressly authorized to download by Turbine in connection with the Turbine Service (other than Software), such as content, audio or images which are made available for press coverage or for personal use by our fans (collectively the “Downloaded Material”).  Our current Fan Use Policy is accessible at www.turbine.com/?page_id=81.  The Downloaded Material is provided on an AS IS basis without warranty of any kind and is subject to the disclaimers set forth below.  Turbine reserves the right to revoke this limited use license at any time, without notice, for any reason, and at its sole discretion. You may not attribute or suggest any endorsement or approval of your use of the Downloaded Material by Turbine in any manner.  You may not Downloaded Material on sites that feature defamatory, pornographic, inflammatory or otherwise offensive content.

Any reproduction or redistribution of the Software or Downloaded Material not in accordance with the ToS is expressly prohibited by law, and may result in civil and criminal penalties.  Violators may be prosecuted to the maximum extent possible.  Notwithstanding any provision or statement in the Turbine Service or the ToS to the contrary, in the absence of a written agreement, Turbine (or its licensors) retain all right, title and interest in and to the Downloaded Material and Software (subject to the limited licenses expressly provided for above or otherwise authorized by Turbine in writing).

You must keep intact all copyright and other proprietary notices for any Software or Downloaded Material.  You acknowledge and agree that you may not sublicense, assign or otherwise transfer any of rights or licenses to any Software or Downloaded Materials made available to you hereunder.  You may not modify, alter or create any derivative works of any Software or Downloaded Materials.  You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software, except as specifically permitted by law without the possibility of contractual waiver, in which case you agree to keep the results of any such legally permitted activity confidential and not to use them except for the purpose of obtaining interoperability.  All rights not expressly granted are reserved by Turbine (and its licensors).

Additional Provisions Applicable to Content Generally

By “Content,” we mean any and all information and material perceived, made available or acquired from or through Turbine for use in connection with the Turbine Service, whether provided by Turbine or by users of the Turbine Service, including, not limited to Game Content, Software and Downloaded Materials.

As part of your Game experience, you may be allowed Content to our Servers in various forms, such as in the selections you make for playing the Game (for example, character names, in-game (text or voice) conversations, broadcast announcements, etc.) and in chat channels (text or voice) and similar areas which allow you to communicate with others and create and modify characters, character names, game play and the like. In any event, Content created by you must not: (a) infringe any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right of any person; (b) be profane, obscene, indecent or violate any law or regulation; (c) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (d) incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or (f) restrict or inhibit any other user from using and enjoying the Turbine Service.

From time to time, you may have the opportunity to provide feedback, suggestions and comments regarding your thoughts as to usability, overall impressions and improvements to the Turbine Service or other products or services offered by Turbine (“Feedback”).  All Feedback is deemed to be Content for all purposes under the ToS.  You acknowledge and agree that Turbine may use built-in tracking features to obtain information regarding your use of the Turbine Service, and agree that such information is deemed to be Content for all purposes under the ToS.

You acknowledge and agree that, as between Turbine and you, all Content, including, without limitation, all screen shots, videos and other materials, and all character names, attributes, inventory items, etc., created, acquired or developed in connection with the Turbine Service are the sole and exclusive property of Turbine and may be used by Turbine (and its publishing partners, distributors, licensors and licensees) for any purpose without any compensation to you.

By submitting Content to Turbine, if and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby grant to Turbine, its successors and assigns, a royalty-free, fully paid-up, irrevocable, non-exclusive, unrestricted, transferable right and license to (i) use, copy, reproduce, fix, adapt, modify, translate, reformat, create derivative works from, practice, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and otherwise exploit such Content (including, without limitation, any inventions, designs, works of authorship or marks embodied or incorporated therein) and all modifications and derivative works thereof, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights, without reservation and without additional consideration, under applicable patent, copyright, trade secret or trademark rights and other similar laws, in any form, media, or technology now known or later developed, in perpetuity to the extent permitted by applicable laws or for the duration of the legal protection afforded to the Content, and for all territories.  To the extent permitted under applicable laws, you hereby waive any moral rights you may have in any and all Content.  In furtherance of the foregoing, you hereby agree to execute any and all agreements or other written instruments which may be required by applicable law to give full effect to the above grant or waiver, as may be applicable from time to time.  Any and all Content you submit to Turbine may be stored by Turbine indefinitely to the extent permitted by applicable law.  However, Turbine has no obligation to store any such Content or make it available to you in the future, except as otherwise expressly provided by applicable law. To the extent permitted by applicable law, you hereby waive any moral rights or rights of publicity or privacy you may have in the Content.  Turbine reserves the right at all times to disclose any Content as Turbine deems necessary to satisfy any applicable law, regulation, legal process or governmental request, in Turbine’s sole discretion.

Through the Turbine Service, you may be exposed to Content that you deem offensive, inaccurate, indecent, or otherwise objectionable. You agree that Turbine is not liable for any Content, including, but not limited to, any loss, damage, or harm of any kind incurred by you as a result of any Content.  Content standards may vary depending on where you are in the Turbine Service and the expectations of the community for similar online games or services.  Some chat rooms or other areas of the Turbine Service may involve use of stronger language than others.  Vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Turbine Service.

We undertake no obligation to monitor Content related to the Turbine Service and disclaim all liability with respect thereto to the fullest extent permitted by applicable law.  However, we reserve the right to monitor Content provided by users of the Turbine Service and to take any action we deem necessary, including, but not limited to editing, removing of refusing to post such Content.  We may suspend or terminate your access to the Turbine Service as a result of any such Content you provide that violates the ToS or is otherwise objectionable, as we may determine in our sole discretion.  Turbine representatives may Turbine reserves the right at all times to disclose any Content as Turbine deems necessary to satisfy any applicable law, regulation, legal process or governmental request, in Turbine’s sole discretion.  However, we cannot monitor or prescreen all of the Content made available in connection with the Turbine Service, and we do not attempt to do so.  If you encounter something you find objectionable or in violation of the ToS, you can report it to the game support or community relations contact for the area of the Turbine Service in which the incident occurred.  Turbine does not endorse, approve, or prescreen any Content that you or other third parties make available in connection with the Turbine Service.  Turbine does not control the quality, accuracy of any translated versions of the Turbine Service.  Turbine does not assume any responsibility or liability for Content that is generated by users of the Turbine Service.  You bear the entire risk of the completeness, accuracy or usefulness of all Content.

Communication Services

The Turbine may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, social networking websites, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Services.  Turbine has no obligation to monitor the Communication Services.  However, Turbine reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion.  Turbine reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Turbine, and such communications shall not be considered reviewed, screened or approved by Turbine.  Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors.  Turbine specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.  Moderators and hosts of such Communications Services are not authorized Turbine spokespersons, and their views do not necessarily reflect those of Turbine.

You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services.  You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself (such as social security or social insurance numbers, credit or debit card numbers, names and addresses, telephone numbers, driver’s license numbers) to others online, as this information may be used for illegal or harmful purposes.  Turbine is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.

You may not use the Communications Services for any illegal activities.  Turbine is not responsible for anything you say (text or voice) in-game or on our chat rooms or forums, or for any consequences that arise from what you say.  If you break the law, you alone will be responsible for the consequences.

Turbine reserves the right at all times to disclose any Content found on the Communications Services as Turbine deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such Content, in whole or in part, in Turbine’s sole discretion.

Newsletters; Electronic Communications with Turbine

Turbine utilizes e-mails to notify you of important information, special promotions, events, and policy changes related to the Turbine Service. When you create an account, you agree that we may communicate with you via the email address you provided in obtaining your account regarding the ToS or any other terms, conditions, notices, licenses or agreements included in or otherwise applicable to the Turbine Service.  Additionally, when you create an account, you are automatically opted-in to receive all types of other Turbine e-mails, including, but not limited to, newsletters, promotional, marketing and “fun” e-mails regarding any subject related to the Turbine Service (such as new Game releases, sequels, updates, expansion packs or tournament- or game play- related e-mails), You may unsubscribe from any of these other Turbine e-mails at any time by following the procedures made available by Turbine in connection with the Turbine Service.

From time to time, we may scan your computer to confirm it meets minimum system specifications, and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.  If you request any technical support from us, and we need to look at the contents of your personal computer or other computing devices to help you, you agree to allow such access to your personal computer or other computing devices for such purposes.  Notwithstanding anything to the contrary, you are entirely responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom.  You understand that we may offer new releases, sequels, updates, expansion packs, etc. generally without incurring any obligation to make such offers available to you specifically at any time and nothing contained herein entitles you to any subsequent offers or releases.  In order to provide you with patches and updates, as we may determine from time to time in our sole and absolute discretion, you agree that we may upload necessary information from your personal computer or other computing devices, and may download the patches and updates onto personal computer or other computing devices, as necessary, for such purposes.

Code of Conduct; Additional Restrictions and Conditions of Use

As a condition of your use of the Turbine Service, you agree not to access or use the Turbine Service for any purpose that is unlawful or prohibited by the ToS or any other terms, conditions, notices, licenses or other agreements included in or otherwise applicable to the Turbine Service.  You agree to indemnify and hold the Turbine Parties, harmless from any loss, damage, cost or expense, including reasonable attorneys’ fees, suffered or incurred by any of the Turbine Parties arising out of any claim, demand action or suit alleged or asserted by any third in any way arising out of or relating to your use of or conduct in connection with the Turbine Service.

In furtherance of the foregoing, and by way of example and not as a limitation, you agree to abide by the following Code of Conduct.  The Code of Conduct is designed to make everyone’s experience using the Turbine Service as enjoyable as possible.  Failure to follow the Code of Conduct may result in the suspension or termination of your account without refund.

• You will follow the instructions of authorized Turbine representatives at all times while participating in the Games or otherwise accessing or using the Turbine Service.
• You will respect the rights of others to play and enjoy the Games and other aspects of the Turbine Service as intended by Turbine.
• You will not access or use the Turbine Service to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as rights of privacy and publicity).
• You will not access or use the Turbine Service to publish, post, upload, transmit, distribute, disseminate or spotlight Content that is harmful, abusive, threatening, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, or ethnically offensive (such as ethnic slurs and religious epithets) or, in a reasonable person’s view, otherwise offensive or objectionable (such as offensive or objectionable character names, guild names, pet names, in-game labels, titles, descriptions, or inscriptions).

• You will not access or use the Turbine Service to form or participate in groups whose ideology is based upon or resembles anti-religious, anti-ethnic, anti-sexual orientation, nationalistic, racist or sexist philosophies.
• You will not communicate any user’s real-world information through the Turbine Service or any other means.
• You will not access or use the Turbine Service to use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
• You will not falsify, delete or disable any copyright or other rights management information, legal or other notices, such as author attributions, proprietary designations or labels of the origin or source of any Content.
• You will not attempt to interfere with, hack into, or decipher any transmissions to or from the Games or any other aspect of the Turbine Service.
• You will not create, post, use or distribute any utilities, emulators or other software, programs, information, materials or tools (such as macroing programs, botting programs, UI modifications, server emulators, client hacks, map hacks, and data gathering utilities) without the express written permission of Turbine.
• You will not upload, post or use files, web site links, URLs or other software, programs, information or materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, destructive features, corrupted files or data, or any other similar software, programs, information or materials that could damage, disrupt or harm (or is designed to damage, disrupt or harm) the operation of the Turbine Service or any other user’s or third party’s computer, network, equipment, software or web site (including, without limitation, the use of scrolling, showing multiple screens, or other activities that can be disruptive to online communication) or that could allow (or is designed to allow) any person to inappropriately access any computer, network, equipment, software or web site.
• You will not access or use the Turbine Service to conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise).
• You will not post any web site links or URLs directed to other commercial products or services or otherwise market, promote, advertise, solicit or offer to buy or sell any products or services within the Games or any other part of the Turbine Service for any purpose except as expressly authorized by Turbine.
• You will not exhibit or partake in any behavior that degrades service performance or is disruptive to the playability of the Games or the normal functionality of the Turbine Service, causes grief, aggravation or alarm to other users, or otherwise restricts or inhibits any other user from using and enjoying the Turbine Service (for example, deliberately using bugs or loopholes, dropping excessive items or summoning excessive portals to disrupt a Game or disrupting the flow of chat in chat rooms with vulgar or abusive language, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, flooding (continuous posting repetitive text), “spamming,” or excessive SHOUTING (all caps) in an attempt to disturb other users).

• You will not violate any terms, conditions, notices, licenses or other agreements included in or otherwise applicable to the Turbine Service (including, by way of example, but not limited to, any end user licenses, codes of conduct, guidelines or other terms of use/terms of service).
• You will not harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
• You will not violate any applicable local, state, national, or international laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks, for the Turbine Service.

• You will not create a false identity or impersonate any other person or entity past or present (such as a Turbine representative or a celebrity) for the purpose of misleading others.
• You will not use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users, or other usage or user information, or any portion thereof.
• You will not attempt to get any account information, password, or other private information from any other user of the Turbine Service.

• You will not use improperly use in-game support or complaint buttons or make false reports to Turbine administrators.

• You will not modify the client, server or any part of the official web site of any Game.

• You will not use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the ToS or any other terms, conditions, notices, licenses or agreements included in or otherwise applicable to the Turbine Service.

• You will not use any Communications Services or other aspects of the Turbine Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).

• You will not use resell or make any commercial use of any aspect of the Turbine Service, or otherwise commercially exploit the same, without the prior express written consent of Turbine.

• You will not intentionally hide or falsify personal information that is deemed necessary in order to create an account to access or use the Turbine Service.

• You will not conduct or facilitate any fraudulent transactions or other commercial transactions prohibited by the ToS or any other terms, conditions, notices or license agreements included in or otherwise applicable to the Turbine Service, including, without limitation, fraudulent or unauthorized in-game virtual transactions.

• You will not take any action or otherwise use the Turbine Service in any manner which imposes an unreasonable or disproportionately large load on our servers or other infrastructure or that could damage, disable, overburden or impair any Turbine server, or any network or equipment connected to any Turbine server, or interfere with any other party’s use and enjoyment of the Turbine Service.

• You will not reduce the number of users directly accessing or using the Turbine Service by using any software or hardware (sometimes called “multiplexing” or “pooling” software or hardware).

• You will not change any aspect of game play associated with the Turbine Service through the use of any third party software or create or provide any means by which the Turbine Service may be used by others – for example, through server emulators.

• You will not attempt to gain unauthorized access to the Turbine Service or any services, accounts, computer systems or networks connected to any Turbine server, through hacking, password mining or any other means.

• You will not exploit, distribute or publicly communicate any errors in design, undocumented features, miscues or “bugs” to gain access, currency, items, other Game Content or any other materials or information in any way that gives an unintended advantage within the Games or by any means that is not generally known and intentionally made available by Turbine (and you will promptly report to Turbine your discovery of any such errors, features, miscues or bugs to This e-mail address is being protected from spambots, you need JavaScript enabled to view it ).

• You will not reverse engineer, decompile or disassemble any aspect of the Turbine Service, including any proprietary communications protocol used by the Turbine Service, except as specifically permitted by law without the possibility of contractual waiver (in which case you agree to keep the results of any such legally permitted activity confidential and not to use them except for the purpose of obtaining interoperability).

• You will not “farm” in-game items, points or other Game Content (i.e. playing a Game primarily for purposes of amassing an inventory of in-game items or fictional in-game currency) for real-world commercial gain.

• You will not advertise the intent to, commit the act of, or in any way facilitate the ability of others to commit the act of, unauthorized selling, buying, transferring or sharing access to any account or game items for real-world monetary values or other consideration.

Although some Games may be role-playing games, you may not claim “role-playing” in defense of any violation of the Code of Conduct.  A player who violates the Code of Conduct may be warned by Turbine staff, but some particularly serious violations or repeated violations can result in other sanctions, such as a lockout or permanent ban, without warning.  In addition, Turbine reserves the right to delete characters or entire accounts as we see fit, without warning, for certain violations. Turbine may log and review in-game chat at any time to assist in making decisions regarding violations of the Code of Conduct.  This includes, but is not limited to, private chat, fellowship chat and allegiance chat.

Note: Turbine has final say over what constitutes a violation of this Code of Conduct.  Turbine reserves the right to change the Code of Conduct at any time.  It is your responsibility to check periodically for updated to the Code of Conduct.

Disclaimers of Warranty; Limitations of Liability

PLEASE READ CAREFULLY.  The following paragraphs set forth important disclaimers of warranty and other important limitations on our responsibility to you.

YOU EXPRESSLY AGREE THAT THE USE OF THE TURBINE SERVICE AND THE INTERNET IS AT YOUR SOLE RISK.  To the maximum extent allowed by law, THE TURBINE SERVICE, AND ANY OTHER PRODUCTS OR SERVICES MADE AVAILABLE IN CONNECTION WITH THE TURBINE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND neither Turbine nor any of its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (TOGETHER WITH TURBINE, collectively, the “Turbine Parties”) MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO MERCHANTABILITY, QUALITY, CONDITION, ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SUCH REPRESENTATIONS, WARRANTIES, OR GUARANTEES ARE LEGALLY INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW.

THE TURBINE PARTIES DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE ANY PRODUCTS OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE TURBINE PARTIES WILL HAVE ADEQUATE CAPACITY TO PROVIDE ANY PRODUCTS OR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  THE TURBINE PARTIES DO NOT WARRANT THAT ACCESS TO OR USE OF THE TURBINE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOU WILL BE ABLE TO ACCESS TURBINE SERVICE AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE TURBINE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

THE TURBINE SERVICE MAY INCLUDE OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR TECHNICAL INACCURACIES, ERRORS OR OMISSIONS.  THE TURBINE PARTIES MAY MAKE IMPROVEMENTS OR CHANGES IN CONNECTION WITH THE TURBINE SERVICE AT ANY TIME.  OCCASIONALLY THERE MAY BE OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR TECHNICAL INACCURACIES, ERRORS OR OMISSIONS THAT RELATE TO PRODUCT OR SERVICE DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS OR AVAILABILITY. IN THE EVENT OF ANY SUCH ERRORS, INACCURACIES OR OMISSIONS, WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).

WE RESERVE THE RIGHT TO REFUSE ANY ORDER YOU PLACE WITH US. WE MAY, IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON, PER HOUSEHOLD OR PER ORDER. THESE RESTRICTIONS MAY INCLUDE ORDERS PLACED BY OR UNDER THE SAME CUSTOMER ACCOUNT, THE SAME CREDIT CARD, AND/OR ORDERS THAT USE THE SAME BILLING ADDRESS. IN THE EVENT WE MAKE A CHANGE TO OR CANCEL AN ORDER, WE WILL ATTEMPT TO NOTIFY YOU BY CONTACTING THE E-MAIL PROVIDED. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT, IN OUR SOLE JUDGMENT, APPEAR TO BE PLACED BY BANNED PLAYERS, DEALERS, RESELLERS, DISTRIBUTORS OR “FARMERS.”

NOTWITHSTANDING ANYTHING TO THE CONTRARY, TURBINE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED IN CONNECTION WITH THE TURBINE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  LINKS APPEARING IN CERTAIN AREAS OF THE TURBINE SERVICE MAY TAKE YOU TO LINKED SITES THAT ARE NOT UNDER THE CONTROL OF TURBINE AND THAT MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU.  TURBINE IS NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT.  TURBINE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.  TURBINE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TURBINE OF THE LINKED SITES.  TURBINE MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO ANY LINKED SITES OR ANY OTHER THIRD-PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, INFORMATION OR MATERIALS PROVIDED ON SUCH SITES.

No refunds or replacements will be made for game CONTENT (SUCH AS IN-GAME items purchased in the store and properly added to accounts/characters in-game), INCLUDING, BUT NOT LIMITED TO, refunds or replacements for IN-GAME items purchased but subsequently lost during game play.

No refunds will be provided for any TURBINE point purchases, even upon CANCELLATION OF YOUR ACCOUNT BY YOU or termination OR suspension OF YOUR ACCOUNT BY TURBINE.  YOUR TURBINE Point balances can never be converted to cash or refunds. No payment method changes are allowed after completion of a point purchase transaction.  Turbine does not support CANCELLATIONS in order to process A POINT PURCHASE TRANSACTION VIA a different payment method.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TURBINE PARTIES ASSUME NO RESPONSIBILITY FOR any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) IN CONNECTION WITH the Turbine Service AND YOU ACKNOWLEDGE AND AGREE THAT THE TURBINE PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT IN CONNECTION WITH THE TURBINE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ANY OF THE TURBINE PARTIES IN ANY WAY ARISING OUT OF OR RELATING TO THE TURBINE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY UNAVAILABILITY, FAILURES, DELAYS, DOWN TIME, MISDELIVERIES, NONDELIVERIES, ERRORS OR INTERRUPTIONS IN THE TURBINE SERVICE) IS TO STOP USING THE TURBINE SERVICE, AND TO CANCEL YOUR ACCOUNT(S).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE LIABILITY OF THE TURBINE PARTIES TO YOU IN ANY CASE, AND YOUR EXCLUSIVE REMEDY WHERE NO EXCLUSIVE REMEDY HAS BEEN PROVIDED, AND YOUR SOLE ALTERNATE REMEDY SHOULD ANY EXCLUSIVE REMEDY HEREUNDER FAIL OF ITS ESSENTIAL PURPOSE, SHALL BE LIMITED TO THE AMOUNT THAT YOU PAID TO TURBINE OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. 
IN NO CASE SHALL THE TURBINE PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO YOUR USE OF THE TURBINE SERVICE OR YOUR INTERACTIONS WITH ANY OF THE TURBINE PARTIES OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, GAME PLAY, IN-GAME ITEMS OR CHARACTERS, EVEN IF TURBINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, UNLESS SUCH LIABILITY IS LEGALLY INCAPABLE OF SUCH LIMITATION UNDER APPLICABLE LAW. 
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, EXCLUSIONS OR LIMITATIONS (SUCH AS LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES), IN SUCH STATES OR JURISDICTIONS, YOUR RIGHTS AND REMEDIES AND THE LIABILITY OF THE TURBINE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

Warning Concerning Risks of Epileptic Seizures and Precautions to take with Using Video Games

CERTAIN INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES OR LOSS OF CONSCIOUSNESS WHEN VIEWING CERTAIN KINDS OF FLASHING LIGHTS OR PATTERNS THAT ARE COMMONLY PRESENT IN OUR DAILY ENVIRONMENT. THESE PERSONS MAY EXPERIENCE SEIZURES WHILE WATCHING SOME KINDS OF TELEVISION PICTURES OR PLAYING CERTAIN VIDEO GAMES. THIS MAY BE EXPERIENCED BY PERSONS WHO HAVE NO ADVERSE ANTECEDENT MEDICAL HISTORY OR WHICH HAVE NEVER EXPERIENCED SEIZURES IN THE PAST. IF YOU HAVE EXPERIENCED SYMPTOMS LINKED TO AN EPILEPTIC CONDITION (SEIZURE OR LOSS OF AWARENESS) IN THE PRESENCE OF LIGHT STIMULATIONS, CONSULT YOUR PHYSICIAN BEFORE USING ANY VIDEO GAMES.  IN ANY CASE, THE FOLLOWING RULES SHOULD BE COMPLIED WITH WHEN USING A VIDEO GAME: (I) AVOID PLAYING IF YOU ARE TIRED OR IF YOU LACK SLEEP; (II) ENSURE THAT YOU ARE PLAYING IN A WELL LIT ROOM; AND (III) WHEN PLAYING, TAKE TEN TO FIFTEEN MINUTE BREAKS EVERY HOUR.

Governing Law and Dispute Resolution

The ToS is governed by the laws of the United States of America and The Commonwealth of Massachusetts, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal courts sitting in Suffolk County, Massachusetts, unless no federal subject matter jurisdiction exists, in which case the parties consent to the exclusive jurisdiction and venue of the state courts sitting in Suffolk County, Massachusetts, U.S.A. in all disputes arising out of or relating to the use of the Turbine Service.  The Turbine Service is controlled and operated by Turbine from its offices within The Commonwealth of Massachusetts.  Turbine makes no representation that Software and other materials available through the Turbine Service are appropriate or available for use in other locations.  Those who choose to access the Turbine Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  If you are accessing the Turbine Service from outside of the United States, then certain provisions of local laws may be required to apply, and in such an event such laws shall affect the ToS only to the extent required by such jurisdiction and the ToS shall be interpreted to give maximum effect to the terms and conditions hereof.  The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.

Export Control Laws

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload to the Turbine Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.  No Software or other Content may be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.  You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Restricted Rights Legend

Any Software which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights.  Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is Turbine, Inc., PO Box 747, Westwood, MA 02090.

Reservation of Rights

The Turbine Service is licensed to you -- not sold -- pursuant to the ToS and the other documents referenced herein.  The Turbine Services may be used only through authorized servers maintained by Turbine or its subcontractors.  You may not create or provide any other means through which the Turbine Services may be accessed or used by others (such as through server emulators or the like).

Turbine (or its licensors) may have patents, patent applications, or other intellectual property rights related to the Turbine Service.  Except as expressly provided in the ToS, the availability of the Turbine Service to you does not give you any license to any such patents or other intellectual property.

The Turbine Service contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, characters, data, and “applets” incorporated into the Turbine Service).  The Turbine Service and all associated Content is copyright protected as a collective work under the United States copyright laws.  Turbine (or its licensors) own copyright in the selection, coordination, arrangement and enhancement of such Content.  Any unauthorized reproduction or modification, distribution, or performance of the Turbine Service (or any potion thereof) is strictly prohibited.

You acknowledge that Turbine (or its licensor(s) remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to the Turbine Service and associated Content, as well as any and all derivative works thereof, and that you do not acquire any of ownership or similar rights by virtue of using real world money in connection with the Turbine Service or otherwise downloading, accessing or using the Turbine Service in any manner for any purpose.  Turbine (on its own behalf and on behalf of each of its suppliers/licensors) reserves all rights not expressly granted in the ToS.

Copyright and Trademark Notices

All content, design and layout of the Turbine Service:  Copyright © 2009 Turbine, Inc., PO Box 747, Westwood, MA 02090.  All rights reserved.

TURBINE and other Turbine logos and product and service names are registered or unregistered trademarks or service marks of Turbine, Inc. in the United States and/or other jurisdictions.   All other trademarks referenced on this website are the property of their respective owners.

All copyright and other proprietary notices on the Turbine Service and any Game Content must be retained on any copies.

General

Turbine may assign the ToS, in whole or in part, at any time.  You may not assign, transfer or sublicense the ToS, or any of your rights hereunder, and any purported assignment, transfer or sublicense in violation of this sentence is null and void.  Turbine’s performance hereunder is subject to existing laws and legal process, and nothing contained in the ToS is in derogation of Turbine’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Turbine Service or information provided to or gathered by Turbine with respect to such use.  If any part of the ToS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the ToS shall continue in effect.  The ToS, including the documents incorporated by reference herein, and all updates to the same, constitute the entire agreement between you and Turbine with respect to the Turbine Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Turbine with respect to the Turbine Service.  You represent that you have not relied on any such communications in choosing to accept the ToS.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Turbine as a result of the ToS or use of the Turbine Service. A printed version of the ToS and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the ToS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Turbine’s failure to enforce at any time any of the provisions of the ToS or related terms, conditions, codes of conduct, guidelines or license agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Turbine of any provision, condition or requirement of the ToS or related terms, conditions, codes of conduct, guidelines or license agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.  Notwithstanding anything else in the ToS or related terms, conditions, codes of conduct, guidelines or license agreements, no default, delay or failure to perform on the part of Turbine shall be considered a breach by Turbine if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Turbine.  All notices given by you or required hereunder shall be in writing and addressed to:  Turbine, Inc., PO Box 747, Westwood, MA 02090, Attn: Legal.  Turbine may give notice to you by means of a general notice within the Turbine Service, electronic mail to your e-mail address on record in Turbine’s account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in Turbine’s account information.

The parties hereto have requested that the ToS, and all correspondence and all documentation relating hereto, be written in the English language.

Les parties en présence ont requis que ce règlement ainsi que toute la correspondance et la documentation relative à ce règlement, soient rédigés en anglais.