PLAY BY POST TERMS OF USE AGREEMENT
Last Updated September 10, 2007

his agreement sets forth the terms and conditions of your use of this web site (referred to as "Play by Post"). If you do not agree with all of the terms and conditions of this agreement, you must not use Play by Post in any manner or fashion whatsoever. Play by Post is offered to you, the user, by Play by Post LLC ("The Company") conditioned on your acceptance, without modification, of the terms, conditions, policies, and notices contained herein (the "Terms of Use", the "Agreement"). Your use of Play by Post constitutes acceptance of this Agreement. The Company may modify any part of this Agreement, or any other terms or conditions associated with the use of Play by Post, at any time, by posting a notice of such changes. Any changes shall become a part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use Play by Post after such a notice is posted, you are indicating your acceptance of those changes.

ARTICLE 1
GENERAL PROVISIONS

elyria is only for your personal use. You may not sell or exchange anything that you copy from Play by Post or use it for any business or commercial purpose whatsoever. As long as you comply with all the terms and conditions of this Agreement, The Company grants you a non-exclusive, non-transferrable, limited, and fully-revocable privilege to enter, access, use, perform, and display Play by Post and everything on it. You agree not to interrupt or attempt to interrupt, or otherwise disrupt, the operation of Play by Post in any way.

ARTICLE 2
PRIVACY

se of Play by Post entails you providing us with certain personal information. You agree that The Company is permitted to collect personal information, both directly and indirectly, through your use of Play by Post, and may use this personal information at its discretion, including but not limited to learning about your preferences, tailoring your experience accordingly, improving Play by Post and our other products. The Company may share your personal information with third parties in these tasks. All of your activity over Play by Post, both public and private, is monitored, recorded, and archived and may become available for others to examine and use accordingly. The Company is committed to disclosing our privacy practices, and we maintain a current Privacy Statement outlining these practices and their guidelines. Your use of Play by Post furthermore constitutes acceptance of all facets of the Privacy Statement.

ARTICLE 3
SAFETY AND SECURITY

lay by Post may regulate your use of and activity on Play by Post in order to maintain an online environment that is safe and secure for users, ensure that content remains family-friendly and fun-focused, and verify that visitors and registered members are in compliance with local, state, and federal laws. Such regulations may be found in part in a published Code of Conduct enforced by site operators, system administrators, and moderators. Other regulations may be found in this document and/or published or posted elsewhere on Play by Post. The Company may impose sanctions if it, in its sole discretion, has found you to violate these regulations, including but not limited to terminating your access to Play by Post, and reserves its legal options to seek injunctive relief and/or civil and criminal sanctions in the courts of law, for violation of any such regulations.

Section 1 . Unauthorized Access
Users are permitted to only access accounts that they themselves have registered at Play by Post. Accessing another user account is strictly prohibited. Furthermore, users are to regularly and routinely change the passwords that they use for their user accounts. You agree not to disclose your Play by Post account information, including usernames and passwords, to any person. In all instances of unauthorized access, the original account holder will be responsible for the actions perpetrated under his or her account name.

Section 2. Prohibition
Certain topics, themes or subjects of discussion on Play by Post may be prohibited by The Company. Users are prohibited from discussing said topics using any Play by Post communication features (e.g., message boards, private messages, chat, etc.). You acknowledge that such prohibition is both desirable and necessary, and you furthermore agree to and accept the explicit prohibition of said materials by The Company that in its sole discretion exclusively deems inappropriate. Some of those prohibited materials are identified in a posted Index.

Section 3. Usernames
Users will select a name for their account login. When this name is chosen, it creates a label that others can see visibly through participation on Play by Post. Users may select other names for other services, including but not limited to user organizations. The Company has established a Names Policy outlining the rules and regulations for the selection of acceptable usernames. You agree to abide by the terms and conditions of the Names Policy, and you further agree that if The Company asks you to alter your username for this or any other reason, you shall elect to change it to one adhering to this policy in a prompt fashion.

Section 4. External Communications
The Company allows users to list, share and publicly display contact information for use with third-party communication services, including but not limited to e-mail addresses, chat room locations, web site addresses, and instant message handles or nicknames. You acknowledge that while these third-party communication services are external to Play by Post, and that while The Company does not have any responsibility for their use, that The Company may nevertheless impose sanctions or remedies for conduct of its users over said services.

Section 5. Minors
Persons under the Age of 18 may be required to prove that they have the consent or permission of a parent or guardian to participate in Play by Post. The Company may, at its sole discretion, require such persons to provide evidence of this expectation and condition, at any time, and may deny access to users until such permission has been verified in a manner a complete fashion and satisfactory manner.

Section 6. Law Enforcement
As a part of its obligations to law enforcement agencies throughout the world, The Company may at any time provide sensitive and/or personal information about your use of Play by Post to said agencies, including but not limited to granting access to your user account, activity records, and previous history over Play by Post. Furthermore, The Company may, at its discretion, contact law enforcement personnel to report suspicious or questionable activity that may be in violation of any statutes or regulations, laws or provisions thereof, and request their assistance in ensuring your compliance with any local, state, or federal laws, or in the support of any civil or criminal matter to which The Company may be a party or have an interest.

Section 7. Acceptable Use
You agree not to do any of the following while on Play by Post or in any Play by Post communication feature:

7.1. transmit any message, information, data, text, software, audio files, graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's right to privacy or publicity, hateful, racially, ethnically or otherwise objectionable;

7.2 impersonate any person or entity, including but not limited to, an Play by Post or Play by Post official, site operator, system administrator, moderator or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;

7.3 post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

7.4 post or transmit any Content that contains a virus or corrupted data;

7.5 delete any author attributions, legal notices or proprietary designations or labels that you upload or transmit over Play by Post;

7.6 use Play by Post in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large embedded images);

7.7 post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, including but not limited to discussion of competitor products and materials;

7.8 intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and

7.9 upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.

ARTICLE 4
SUBMISSIONS

y submitting (e.g., uploading or transmitting) Content to Play by Post, you automatically grant The Company the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived. The Company and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in Play by Post. Without limiting the foregoing, Play by Post and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold The Company harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.

ARTICLE 5
CONTRIBUTIONS

elyria, including, without limitation, all Play by Post communication features, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of Play by Post and each area contained therein are copyrighted as a separate and collective work under the United States copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on Play by Post (including, without limitation, content that Play by Post enables you to download) without the express written permission of The Company as the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from Play by Post is allowed by you only for your own use. You acknowledge that The Company and/or third-party content providers remain the owners of all materials posted on Play by Post, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

ARTICLE 6
COPYRIGHT, TRADEMARK & PATENT NOTICE

ll contents on Play by Post are Copyright © 1989-2007 Play by Post LLC. All Rights Reserved. Play by Post is for the personal, non-commercial use of users. All submissions and contributions, in whole or in part, constitute derivative works under intellectual property statutes, and are furthermore Copyright © Play by Post LLC. All Rights Reserved. Play by Post is a registered trademark of Play by Post LLC. Quest for Eternity and The Company are trademarks of Play by Post LLC. All other names and entities are tradenames, trademarks, or registered trademarks of The Company. The Company platform and the The Company creative experience system are patent pending inventions by Juan Gonzalez and Play by Post LLC. Use of Play by Post in any way, shape or form constitutes acknowlegment and deference to this copyright, trademark and patent notice.

ARTICLE 7
FAN SITES

olely in connection with your fan pages dedicated to Play by Post or The Company (your "fansite"), The Company grants you non-exclusive permission to reproduce and redistribute on the fansite to end users certain Play by Post-related content and certain The Company trademarks and logos that The Company may explicitly designate "for fansite use", so long as you comply with the terms and conditions described here and on fansite pages at Play by Post, as those terms and conditions may be modified from time to time at the sole discretion of The Company.

Section 1. Fansite Content
As an operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to The Company that the fansite will not post material that is illegal or infringes upon the rights of third parties or harms the reputation of Play by Post, The Company, its affiliate companies, or its officers, employees or designates. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, The Company may terminate this permission. Your ownership in the fansite excludes any derivative works based upon or including the Play by Post Content and/or The Company trademarks. The fansite is not a "joint work" as that term is defined in the copyright law, title 17 United States Code.

Section 2. Fansite Legal Notice
You agree to include The Company's copyright, trademark, patent and other proprietary rights notices, as provided on the fansite page for Play by Post, when displaying Play by Post content, The Company content, or The Company marks, and agree to comply with usage guidelines that may be provided by The Company from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Play by Post content, including in digital form; nor challenge The Company's ownership of the Play by Post content, The Company content, or The Company marks, nor use or adopt any trademarks that might be confusingly similar to such The Company marks.

Section 3. Rights Reserved
The Company reserves all rights, title, and interest in and to the Play by Post content, The Company content, and The Company marks which are not expressly granted. You shall not rent, lease, reproduce, modify, translate or creative derivative works of the Play by Post content except as expressly permitted herein, nor create any derivative works (including without limitation fiction, audio or visual art) from, or in any way exploit, any of the characters or content contained in the game or on Play by Post, without the express written permission of The Company. The Company does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the game or upon Play by Post content, The Company content, or The Company marks is expressly prohibited.

Section 4. Fansite Fees
If you intend to charge a subscription or access fee to generate revenue from the fansite, The Company requires you to execute a simple license agreement. The limited permission granted here and respect to fansite use of certain Play by Post content, The Company content, and The Company marks does not cover such circumstances.

Section 5. Fansite Cites
Fansites that quote an article, entry, submission or contribution from Play by Post (such as the Herald or a posting to the Play by Post forums) are requested to limit the quote to a paragraph or less and provide a link back to Play by Post for the full article or message, rather than reproducing on the fansite the entire message in question. Permission to link from the fansite to Play by Post.com is granted in such circumstances.

Section 6. Fansite Liability
Under no circumstances will The Company be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. The Company reserves the right in its sole discretion to explicitly refuse this permission to any particular fansite, or to revoke this permission at any time.

ARTICLE 8
INFRINGEMENT

nterim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c): Address: Play by Post LLC. Name of Agent Designated to Receive Notification of Claimed Infringement: John A. White, General Counsel. Address of Designated Agent to which Notification Should be Sent: Play by Post LLC. Email Address of Designated Agent: infringement at playbypost dot com. This email address is intended solely for the receipt of legal "Notifications of Claimed Infringement" under the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. 512. It is not intended for general inquiries and permission requests concerning the use of Play by Post content or The Company content. Policy on Repeat Infringers, pursuant to 17 U.S.C. 512(i): The Company has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of Play by Post who are repeat infringers. The Company may terminate access for content providers or site users who are found repeatedly to provide or post protected material without necessary rights and permissions.

ARTICLE 9
FAN FICTION

lay by Post hereby grants to each Play by Post user in good standing and with the grant automatically revoked as of the moment that the user is no longer in good standing, a limited, personal, nonexclusive, nontransferable, nonassignable and fully revocable license to use (a) Play by Post name, and (b) trademarks and copyrighted material from Play by Post including non player character names and images, diety and monster names and images, geographical names, item names and images, character names and images, background art, and screenshots containing any of the foregoing (collecting, the "Play by Post Property"), solely to be used for the material (for example, so-called "fan fiction" and "fan artwork") that the Play by Post user posts to and/or transmits through Play by Post ("Licensed Content") in accordance with the Terms of Use - and for no other use. Each Play by Post user promises The Company that any Licensed Content that he or she provides shall comply in all respects with the Terms of Use.

Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so ("Submissions") and any and all Licensed Content shall be deemed, and shall remain, the property of The Company from the moment of creation. Accordingly, The Company shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions and Licensed Content of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all Submissions and Licensed Content are hereby irrevocably assigned to The Company, together with all intellectual property rights therein. In any event, you agree that The Company shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, creative derivative works from and distribute any Submission and/or Licensed Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission and/or Licensed Content. You also give up any claim that any use by The Company and/or its licensee(s) of any Submission and/or Licensed Content violates any of your rights, and/or rights to credit for the material or ideas set forth therein. If you provide any Submission or Licensed Content, you promise that you are eighteen years or older; if you are under eighteen years of age, you must first contact The Company at license at playbypost dot com to obtain an agreement for your parent or guardian to sign.

ARTICLE 10
PERSONAL PHOTOGRAPHS

f you upload any photograph to or through Play by Post, you (i) grant to Play by Post the non-exclusive, worldwide right to use, post, publish and display your photograph on Play by Post, without royalty or compensation of any kind, (ii) expressly waive any and all rights or privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (iii) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (iv) promise that you are the copyright owner of the photograph or have all rights necessary to authorize its unfettered use and distribution and (v) promise that you are eighteen years of age or older. You understand that, once your photograph is posted, anyone can download and/or distribute that photograph. You expressly waive any and all claims you may have against The Company and release The Company from any and all liability arising from or related to the submission and Play by Post's or any third party's use of the photograph.

ARTICLE 11
DISCLAIMER OF LIABILITY

NEITHER PLAY BY POST, THE PLAY BY POST FAMILY, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON AELYRIA, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT AELYRIA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF AELYRIA OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH AELYRIA, INCLUDING, WITHOUT LIMITATION, ALL AELYRIA AND PLAY BY POST FEATURES.

AELYRIA AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF AELYRIA, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF AELYRIA, IS AT YOUR SOLE RISK.

ARTICLE 12
LIMITATION OF LIABILITY

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 7 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF AELYRIA, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

IN NO EVENT WILL PLAY BY POST, THE PLAY BY POST FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON AELYRIA, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE AELYRIA, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF AELYRIA OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH AELYRIA OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO AELYRIA, EVEN IF PLAY BY POST WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY PLAY BY POST PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING AELYRIA, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF AELYRIA.

NEITHER PLAY BY POST NOR THE PLAY BY POST FAMILY ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON AELYRIA, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF AELYRIA, BY ANYONE OTHER THAN AUTHORIZED PLAY BY POST EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL AELYRIA, THE PLAY BY POST FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON AELYRIA, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH AELYRIA, INCLUDING, WITHOUT LIMITATION, ALL AELYRIA FEATURES AND PLAY BY POST FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH AELYRIA, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF AELYRIA. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

NEITHER PLAY BY POST NOR THE PLAY BY POST FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH AELYRIA AND NEITHER PLAY BY POST NOR THE PLAY BY POST FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

ARTICLE 13
NOTICE

lay by Post may give notice to you by means of a general notice on Play by Post or the The Company web site, electronic mail to your e-mail address on record in Play by Post's account information (if you are an Play by Post registered member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in Play by Post's account information (if you are an Play by Post registered member). You may give notice to The Company by electronic mail to accounts at playbypost dot com.

ARTICLE 14
TERMINATION

ither The Company or you may terminate this Agreement at any time. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part. You may terminate this Agreement at any time by not using Play by Post. We can terminate the Agreement by asking you to stop using Play by Post, and, if necessary, by preventing your access to Play by Post. Upon termination of this Agreement, you shall have no further rights to use Play by Post or its services. Your only right and remedy with respect to any dissatisfaction with Play by Post is to terminate this Agreement, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of The Company in operating Play by Post, (ii) content available through Play by Post, or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, The Company shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to all or any part of Play by Post, without notice, in the event of any conduct by you which Play by Post, in its sole discretion, considers to be unacceptable, or for conduct that The Company believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by The Company on Play by Post, or for other conduct which The Company believes, in its sole discretion, is harmful to Play by Post, other The Company Members or other users of Play by Post. The Company reserves the right to deny registration of any individual as an The Company Member and to deny access to Play by Post to any individual. All of the articles and sections of this Agreement survive termination of this Agreement.

ARTICLE 15
INDEMNIFICATION

ou agree to indemnify and hold harmless The Company LLC, the The Company Family and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of Play by Post, including, without limitation, all Play by Post Communication Features.

ARTICLE 16
TAXES

ou may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by Play by Post. The Company and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.

ARTICLE 17
CONDITIONS OF USE

se of Play by Post is granted and permitted only in accordance with accepting these Terms of Use and adhering to any other documents, procedural or intentional statements or directives issued by Play by Post or The Company. Legal liability may be incurred if you attempt to disrupt, deny, prevent or influence service to other users. Play by Post LLC, its affiliates and representatives and authorized persons in Play by Post reserve the right to deny access or use of Play by Post and/or other related sites for any reason or purpose whatsoever, and attempts to circumvent security and monitoring measures may be construed as an act of criminal tresspass and intent. The Company reserves the right to prosecute individuals to the fullest extent of the law for violation of this legally binding agreement.

ARTICLE 18
U.S. GOVERNMENT RESTRICTED RIGHTS

he materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, and/or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of our proprietary rights in them.

ARTICLE 19
JURISDICTION

his site is controlled and operated by Play by Post from its offices within the Commonwealth of Massachusetts, in the United States of America. The Company makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access Play by Post 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. Software from Play by Post is further subject to United States export controls. No software from Play by Post may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, 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.

This Agreement constitutes the entire agreement between The Company and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be construed in accordance with the laws of the State of Delaware, without regard to conflict of laws provisions thereof. You hereby consent to personal jurisdiction by the state and federal courts sitting in the State of Delaware. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.