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Fallen Earth End User License Agreement

THIS USER AGREEMENT AND LICENSE (this "Agreement") DESCRIBES THE TERMS BY WHICH Fallen Earth LLC. (“FALLEN EARTH”) OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") TO PLAY THE FALLEN EARTH™ ONLINE POST APOCALYPTIC ROLE PLAYING COMPUTER GAME (THE "GAME"). BY PRESSING THE "I AGREE" BUTTON OR OTHERWISE INSTALLING OR PLAYING THE GAME, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY PRESSING THE "I DECLINE" BUTTON, YOU DECLINE OUR OFFER, IN WHICH CASE YOU MAY RETURN THE GAME TO YOUR RETAILER FOR A REFUND CONSISTENT WITH YOUR RETAILER’S RETURN POLICY. If you have any questions regarding these terms and conditions, please contact customer service at support@fallenearth.com.

A COPY OF THIS AGREEMENT CAN BE FOUND ON THIS DISK UNDER THE DOCUMENT NAME "Fallen Earth EULA.html".

1. Accounts are available only to adults or, in their discretion, their minor children seventeen (17) years or younger. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the "I Agree" button and providing us with a credit card number, you represent that you are an adult and are either accepting this Agreement on behalf of yourself or your child. Except as provided herein, you may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child seventeen (17) years or younger to use the Account instead of you (in which case you may not use that Account). You are liable for all activities conducted through the Account, and parents or guardians are liable for the activities of their child. Corporations and other legal entities are not eligible to obtain Accounts.

2. To play the Game, you must (a) purchase the Fallen Earth game DVD-ROM (the "DVD-ROM"), which includes software required for the Game (the "Software"), (b) have a fully paid Account, and (c) have an Internet connection (which we do not provide) to access your Account. In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases or new versions of the Software, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement. 

3. We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your Account. If you do not agree to be bound by any future changes, you agree to discontinue use of the Game and terminate your account. If you use the Game after we have posted a change to this Agreement, you agree to be bound by all of the changes. 

4. You represent and warrant that you have completed, or that you will promptly complete, all information in the new Account registration form provided by us (“Account Creation”) correctly and completely. You must select a Username and Password during the registration process. You are solely responsible in all respects for: (a) all use of the Game made using your Username and Password; and (b) maintaining the confidentiality of your Username and Password. Only one individual may access the Game at the same time using the same login name and Password. You agree to notify us immediately of any unauthorized use of your email address, Username or Password or any other breach of security regarding the Game of which you are aware. Fallen Earth may refuse to grant you a character name that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for other reasons as determined by Fallen Earth. In the event that any of your Account Information changes in the future, you agree to promptly update such information. We never ask you for your password by telephone or email, and you should not disclose it this way if someone asks you to do so. There may be an additional charge to reissue lost passwords. Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that third parties may be able to access your computer and thus your Account and you are responsible for their actions. 

5. We describe our fees and billing procedures at http://www.fallenearth.com/pricing, which are incorporated herein by reference. All fees are prepaid and non-refundable, and are stated and must be made in U.S. Dollars. Upon your acceptance of these terms, we will automatically charge your credit card the Account fee plus any applicable taxes we are required to collect, and you authorize us to do so. Thereafter, on the applicable anniversary, we will charge your credit card the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. If we are unable to process your credit card at a renewal period, your Account may be immediately terminated. 

6. This Agreement (including your Software license and your Account) will terminate immediately and without notice if you breach this Agreement or infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon gameplay, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the Fallen Earth™ Code of Conduct, which are posted at http://www.fallenearth.com/codeofconduct and are incorporated herein by reference. If this Agreement is terminated under these circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. We may terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game, in which case we may provide you with a prorated refund of any prepaid amounts. 

7. Subject to the terms of this Agreement, we hereby grant to you a personal, non-transferable, non-exclusive license to use the Software solely in connection with playing the Game via an authorized and fully-paid Account. You may not copy (except to make one necessary back-up copy that contains all Fallen Earth copyright and proprietary notices), distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer the Software. You may not copy any of the written materials accompanying the DVD-ROM. You may not reverse engineer, disassemble or decompile the Software except to the extent that, this restriction is expressly prohibited by applicable law. The Software may contain license management software that restricts your use of the Software. Fallen Earth reserves all rights not expressly granted to you. 

8. We and our suppliers shall retain ownership of all intellectual property rights, including all copyrights, relating to or residing in the DVD-ROM, the Software and the Game. The Software is a "commercial item”. 

9. You agree not to use any third party software to modify the Software to change Game play. You also agree not to use our intellectual property rights contained in the Game or the Software to create or provide any other means through which, the Game may be played by others, as through server emulators. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any Fallen Earth characters, items, coin or copyrighted material. 

10. Former members whose Accounts have been terminated by Fallen Earth may not use the Software, access an Account and play the Game in any manner or for any reason without the written consent of Fallen Earth. Active members may not knowingly allow former members whose Accounts have been terminated to use the active Members' Accounts or login name or player name. 

11. As part of your Account, you can upload content, including but not limited to graphics, to our servers in various forms, such as in the selections you make for the Game and in chat rooms and similar user-to-user areas (collectively, your "Content"). You are solely responsible for all Content that you supply in accordance with the Game. Without limiting the foregoing, you represent and warrant that your Content shall not: (a) infringe any third party copyright, trademark, or other intellectual property right, or other contract, proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, child pornographic or harmful to minors; or (d) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We may take any action with respect to your Content if we believe that such may create liability for us or may cause us to lose (in whole or in part) the services of our Internet Service Providers ("ISPs") or other suppliers. You hereby grant to us a fully-paid, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable right to publish, transmit, post, display, perform, sell, copy, modify, and distribute the Content in any and all formats, media, and technology platforms, whether currently existing or developed in the future. You acknowledge, however, that Fallen Earth does not pre-screen Content or communication over your Account and play of the Game. 

12. We have adopted and maintain a Privacy Policy which is posted at http://www.fallenearth.com/privacypolicy with respect to users of the Game, which is incorporated herein by reference. 

13. WE PROVIDE THE DVD-ROM, THE SOFTWARE, THE ACCOUNT, THE GAME AND ALL OTHER SERVICES "AS IS." WE, AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the DVD-ROM, the Software, the Game or your Account. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from jurisdiction to jurisdiction. 

We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. 

We may in our discretion modify the feature availability, operation, and/or look and feel of the Game from time to time without notice to you 

14. IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE GAME, THE DVD-ROM OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100.00 (One Hundred U.S. Dollars). Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you. 

15. You shall comply with all applicable local, state, national and international laws and regulations regarding your use of the Software, your access to your Account and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations. 

16. Your use of the Software, your access to your Account and your playing the Game constitutes your agreement to defend, indemnify and hold harmless Fallen Earth and its affiliated companies, employees, contractors, officers and directors from any claim or demand, including reasonable attorneys' fees arising of your use or misuse of the Software, your access to your Account and your playing the Game, including a third party's use or misuse of your Account or password. 

17. This Agreement is governed in all respects by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely within North Carolina between North Carolina residents, without regard to any North Carolina conflicts of laws rules. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in North Carolina and further agree that any cause of action relating to this Agreement shall be brought in a court in Wake County, North Carolina. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided above, this Agreement may not be amended except in a writing signed by both parties. 

18. All services hereunder are offered by Fallen Earth LLC., located at 260 James Jackson Ave, Cary, North Carolina 27513. Current rates for using the Game may be obtained from http://www.fallenearth.com/pricing, and such rates are subject to change at any time. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. 

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information is available at SafetySurf.com or other similar sites providing information on such protections.

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Fallen Earth Terms of Use

Last Updated on March 23, 2009

Thank you for using the Fallen Earth.net service (the "Service"). These Terms of Use (the "TOU" or "Agreement") set forth the terms and conditions under which you are provided access to the Service by Fallen Earth, LLC. ("Fallen Earth" or "we"). This Agreement does not supersede the End User License Agreement (the "EULA") that accompanies Fallen Earth's games (each a "Game") or any other Game-specific Terms of Use. The EULA governs your use of the Game client - that part of any Game installed on your computer - and this Agreement governs your use of the Service.
  1. Grant of a Limited License to Use the Service. Subject to your agreement to and continuing compliance with the Terms of Use agreement, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with a web browser or an authorized, unmodified Game client. You may not use the Service for any other purpose, or using any other method.
  2. Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or any Game in violation of the License Limitations will be regarded as an infringement of Fallen Earth's copyrights in and to the Service and/or Game. You agree that you will not, under any circumstances:
    1. Use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service, any Game or any Game experience;
    2. Exploit the Service, a Game or any part thereof for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other commercial establishment without the express written consent of Fallen Earth; (b) to communicate or facilitate any commercial advertisement or solicitation; (c) for gathering in-game currency, items or resources for sale outside the Game without Fallen Earth's authorization; or (d) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;
    3. Use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any Game or the Service, including without limitation any software that reads areas of RAM used by any Game or the Service to store information about a character or a Game environment; provided, however, that Fallen Earth may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
    4. Modify or cause to be modified any files that are a part of any Game or the Service in any way not expressly authorized by Fallen Earth;
    5. Host, provide or develop matchmaking services for any Game or the Service, or intercept, emulate or redirect the communication protocols used by Fallen Earth in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
    6. Facilitate, create or maintain any unauthorized connection to any Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service or any Game; and (b) any connection using programs or tools not expressly approved by Fallen Earth; or
    7. Disrupt or assist in the disruption of (i) any computer used to support the Service or any Game environment (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
  3. Requirements. Before you can use the Service, you must: (i) agree to this TOU, the Privacy Policy, the "In Game Policies," and the applicable Terms of Use Agreement and EULA for each of the Game(s) you will use with the Service, if applicable; (ii) purchase a valid license to use the Game(s) you will use with the Service, if applicable; and (iii) register an account on the Service (an "Account"). You are responsible for any internet connection fees that you incur when accessing the Service. Age restrictions, and provisions governing the use of an Account by minor children, are located in the In Game Policies. Subject to the laws of your country of residence, minor children may play a Game using a parent or legal guardian's Account so long as the parent or legal guardian consents and accepts full responsibility for the conduct of the child.
  4. Accessing the Service.
    1. Account Eligibility. You may establish an Account only if you are a "natural person" and an adult in your country of residence. Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account. Individuals prohibited by Fallen Earth from using the Service may not create or use an Account, and doing so and may result in severe civil and criminal penalties. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements.
    2. Establishing an Account. When creating or updating an Account on the Service, you are required to provide Fallen Earth with certain personal information such as your name, address, phone number, email address and, in some cases, payment information. An unused Authentication Key provided to you by Fallen Earth will be required when adding a Game license to an Account. A Game license must be added to an Account before you can play that Game online, where applicable. You agree that you will supply accurate and complete information to Fallen Earth when requested, and that you will update that information promptly after it changes.
    3. Username and Password. During the Account creation process, you may be required to select a unique username and/or a password (collectively referred to hereunder as "Login Information"), and you may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Fallen Earth by emailing accounting@FallenEarth.com.
  5. Account Suspension/Cancelation. FALLEN EARTH MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated by Fallen Earth for any type of abuse, including without limitation a violation of these Terms of Use, will not be reactivated for any reason. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this TOU, a Game EULA or other Fallen Earth policy. You may cancel any Account registered to you at any time by following the instructions on the Website. Fallen Earth may stop offering and/or supporting the Service at any time.
  6. The Fallen Earth Online Store.
    1. Use of the Fallen Earth Online Store. The Fallen Earth Online Store, available through the Service, may offer (a) downloadable versions of Games that have been enabled for use on the Service ("Enabled Products"); (b) physical copies of the Enabled Products ("Box Product(s)"); and other goods or services ("Merchandise"). All purchases made through the Service are also subject to the terms and conditions of this Agreement.
    2. Fallen Earth Online Store. To use the Fallen Earth Online Store, you will be required to provide Fallen Earth with certain personal information that will be associated with the Account. For details regarding the protection of your data, see the Privacy Policy.
    3. Terms of Sale. Please visit the Fallen Earth Terms of Sale, hereby incorporated herein by this reference, for additional terms and conditions applicable to your purchase of goods and services through the Fallen Earth Store.
  7. Updates.
    1. Agreements. Fallen Earth will update this Agreement as the Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised Agreement. You must agree to all revisions if you choose to continue using the Service. Fallen Earth may also revise other policies, including without limitation the Code of Conduct and other In Game Policies and the Privacy Policy, at any time, and the new versions will be available on the Website. If at any point you do not agree to any portion of the then-current version of this Agreement, the Code of Conduct the Privacy Policy, or any other Fallen Earth policy or agreement relating to your use of the Service, you must immediately stop using the Service.
    2. Software and Services. In an effort to improve its products and services, Fallen Earth may require that you download and install updates to the Service and to the Games you have installed on your computer. You acknowledge and agree that Fallen Earth may update the Service and the Games, including the Game client(s) on your computer, with or without notifying you.
  8. Ownership.
    1. Game clients and Service. The Game clients and the Service (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Game client, and the Game client and server software) are copyrighted works owned by Fallen Earth and its licensors. Fallen Earth reserves all rights in connection with the Games and the Service, including without limitation the exclusive right to create derivative works. You agree that you will not create any work based on the Games or the Service except as expressly set forth by Fallen Earth in contest rules, or in Fallen Earth's Fan Policies, which include without limitation Fallen Earth's Machinima Policy and Fan Art Submission Policy. Any reproduction or redistribution of any Game not in accordance with any policy or agreement, including without limitation the Game EULA and the TOU, is expressly prohibited by law, and may result in severe civil and criminal penalties.
    2. Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FALLEN EARTH. Fallen Earth does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.
    3. Virtual Items. Fallen Earth owns, has licensed, or otherwise has rights to all of the content that appears in the Service or the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in any Game, or any other attributes associated with the Account or stored on the Service. Fallen Earth does not recognize any purported transfers of virtual property executed outside of a Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in a Game, unless otherwise expressly authorized by Fallen Earth in writing. Accordingly, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of a Game, without Fallen Earth's written permission.
  9. Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. If you choose a recurring subscription for any Game, you acknowledge that payments will be processed automatically (e.g., debited from your account or charged to your credit card) until you cancel the subscription or the Account. Fallen Earth may revise the pricing for the goods and services offered through the Service, including without limitation subscription plans for any Game, at any time. YOU ACKNOWLEDGE THAT FALLEN EARTH IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY BACK FOR PREPAID TIME WHEN THE ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
  10. Game Transfers. The Authentication Key that accompanies most Game clients can only be used once, and will connect a Game license to the Account under which it is registered. The transferability of your license to a Game client is governed by the Game EULA; provided, however, that any transfer of the Game client shall have no impact on the Account registered to you, and that Account shall not transfer with the Game client. Purchasers of a license to a used Game client must follow the process detailed on the www.FallenEarth.com website, which may require payment of a processing fee.
  11. RESTRICTIONS AND CONDITIONS OF USE
    1. No Violation of Laws. You agree that you will not, in connection with your use of a Game client or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
    2. Misuse of Service. You may not connect to or use the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Service or any other person's use of the Service; or (b) attempt to gain unauthorized access to the Service, Accounts registered to other players, or the computer systems or networks connected to the Service.
    3. No Data Mining. You agree that you will not (a) obtain or attempt to obtain any information from the Service or any Game using any method not expressly permitted by Fallen Earth; (b) intercept, examine or otherwise observe any proprietary communications protocol used by a client or the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through a Game client or the Service, including without limitation information about your character, any Account registered to you, virtual items, other players, or other Game data.
    4. User Content. "User Content" means any communications, images, sounds, and all the material and information that you upload or transmit through a Game client or the Service, or that other users upload or transmit, including without limitation any chat text. You hereby grant Fallen Earth a perpetual, irrevocable, worldwide, paid-up, non-exclusive, license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
    5. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications (including without limitation chat text) when you are using the Service or playing a Game, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. We do not assume any responsibility or liability for User Content that is generated by users. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this or any other agreement or Fallen Earth policy; (c) to protect our legal rights and remedies; (d) where we feel someone's health or safety may be threatened; or (e) to report a crime or other offensive behavior.
  12. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FALLEN EARTH DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  13. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
    1. FALLEN EARTH IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL FALLEN EARTH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY GAME OR ANY GAME CLIENT. IN NO CASE SHALL THE LIABILITY OF FALLEN EARTH EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Fallen Earth and its affiliates shall be limited to the fullest extent permitted by law.
    2. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FALLEN EARTH IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.
    3. You agree to indemnify, defend and hold Fallen Earth harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service or any Game, or any breach by you of this Agreement, the Code of Conduct or any Game EULA.
  14. DISPUTE RESOLUTION AND GOVERNING LAW.
    1. Disputes can be expensive and time consuming for both parties. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to these Terms of Use ("Dispute"), you and Fallen Earth agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice. Fallen Earth will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Fallen Earth at Fallen Earth LLC, 260 James Jackson Ave, Cary NC 27513, ATTN: Legal Department.
    2. Binding Arbitration. If the parties are unable to resolve a Dispute through negotiations, either you or Fallen Earth may elect to have the Dispute (with the exception of those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines those costs to be excessive, Fallen Earth will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Fallen Earth may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
    3. Restrictions. You and Fallen Earth agree that any arbitration shall be limited to the Dispute between Fallen Earth and you individually. YOU ACKNOWLEDGE AND AGREE THAT (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
    4. Exceptions to Negotiations and Arbitration. You and Fallen Earth agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Fallen Earth's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
    5. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Fallen Earth agree to submit to the personal jurisdiction of that court.
    6. Governing Law. Except as expressly provided otherwise, this Agreement shall be is governed by, and will be construed under, the Laws of the United States of America and the law of the State of North Carolina, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Game and/or the Service as supplied by Fallen Earth to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
    7. Severability. You and Fallen Earth agree that if any portion of this Section 14 is found illegal or unenforceable (except any portion of Section 14C above), that portion shall be severed and the remainder of the Section shall be given full force and effect. If this Section 14 is found to be illegal or unenforceable then neither you nor Fallen Earth will elect to arbitrate any Dispute falling within that portion of this Section 14 found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Wake, State of North Carolina, United States of America, and you and Fallen Earth agree to submit to the personal jurisdiction of that court.
  15. Third Party Advertising. Fallen Earth's Games and the Service may incorporate technology of Icarus Studios Inc ("Icarus"), that enables in-game advertising, and the display of other similar in-game objects, which are downloaded temporarily to your personal computer and replaced during online game play. As part of this process, Icarus may collect some information about the game and the advertisements delivered to you, as well as standard information that is sent when your personal computer or game console connects to the Internet including your Internet protocol (IP) address. Icarus will use this information to transmit and measure in-game advertising, as well as to improve the products and services of Icarus and its affiliates. None of the information collected by Icarus will be used to identify you. For additional details regarding Icarus's in-game advertising practices, please see Icarus's In-Game Advertising privacy statement The trademarks and copyrighted material contained in all in-game advertising are the property of the respective owners. Portions of the Service are © 2009 Icarus Studios Inc. All rights reserved.
  16. GENERAL
    1. TOU Revisions. The TOU may only be revised in a writing signed by Fallen Earth or published by Fallen Earth on its website.
    2. Assignment. Fallen Earth may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOU without Fallen Earth's prior written consent, and any unauthorized assignment by you shall be null and void.
    3. Severability. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
    4. Attorneys' Fees. In the event any litigation is brought by either party in connection with the TOU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
    5. Entire Agreement. This TOU, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however, that this Agreement shall coexist with, and shall not supersede, Game EULAs and Terms of Use specific to a Fallen Earth Game.
    6. No Waiver. Our failure to enforce any provision of the TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the TOU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    7. Notices. All notices given by you or required under the TOU shall be in writing and addressed to: Fallen Earth Entertainment, 260 James Jackson Ave, Cary, NC 27513, ATTN: Legal Department.
    8. Equitable Remedies. You hereby agree that Fallen Earth would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the TOU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    9. Force Majeure. Fallen Earth shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Fallen Earth, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Fallen Earth's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

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Fallen Earth LLC Privacy Policy

YOUR USE OF OUR SERVICES AND WEB SITES IS SUBJECT TO YOUR AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY.

Fallen Earth LLC. (“FALLEN EARTH”) respects your privacy and is committed to protecting the personal information that you may provide while using our web sites and services. This Privacy Policy (the “Policy”) is intended to provide you with notice of the following:

  • The web sites and services covered by this Policy
  • Our policies concerning children
  • What personal information we collect from you
  • What non-personal information we collect from you
  • Information on “cookies” and related technology
  • How we use and share the information that we collect from you
  • Information about links and third parties related to our sites and services
  • How you may access or change the information you have provided to us
  • Other important agreements that govern your use of our sites and services
  • Information for persons outside the United States
  • Our commitment to secure the personal information we have collected
  • Notice of changes to the Policy

If you have any questions, complaints, or comments regarding this Policy, please contact FALLEN EARTH Customer Service at accounts@fallenearth.com.

The web sites and services covered by this Policy

We currently operate the following web sites (the “Sites”):

www.fallenearth.com (“Home Page”).

In addition, we own other domain names that may redirect to the home page and/or content-specific “subsites” of Fallen Earth.

From time to time, we may add new Sites that may not be listed above, but they will provide a link to this Policy and will be governed by its terms.

Our policies concerning children

FALLEN EARTH complies with the Children’s Online Privacy Protection Act (http://www.ftc.gov/ogc/coppa1.htm) and all other applicable laws and regulations concerning children and the Internet.

Children

Our Terms of Agreements specify that membership s are available only to individuals who are 17 years of age or older. If you are under the age of 17, you may not create an account on the Sites, you may not sign up for any subscription service or buy anything through the Store, and you are not eligible to enter any of our sweepstakes or promotions.

Except as may be required by law, FALLEN EARTH will not knowingly collect, maintain, or disclose any personal information from children under the age of 13. We take kids privacy seriously, and encourage parents to play an active role in their children's online experience at all times.

FALLEN EARTH recommends that parents and guardians spend time online with their children to become more familiar with the types of content available on the Internet, including our online game(s).

Parents and guardians should regularly oversee their children's use of email and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.

Information for Parents/Guardians

FALLEN EARTH encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the Internet, including our online game(s). Parents and guardians should regularly oversee their children’s use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.

If you are a parent or guardian who has discovered that your child has submitted his or her personal information without your permission or consent, FALLEN EARTH will take reasonable steps to remove that information from the FALLEN EARTH database at your request. To request removal of your child’s information, please send us an e-mail to accounts@fallenearth.com and be sure to include in your message the same user name, password, and email address that your child submitted.

What personal information we collect from you

General

We do not collect any personal information from you, unless you provide it to us voluntarily. If you decide to provide us your personal information (e.g., name, email address, and mailing address), we will only collect the personal information which is needed to fulfill your requests and our legitimate business objectives. If you refuse to divulge your personal information when requested, you will not be able to access certain areas on the Sites (such as the message boards).

Memberships and Registration

In order for you to register with FALLEN EARTH, we require you to provide us with an email address, state and country of residence, zip/postal code and birth date; we allow you to elect whether to also provide your real name. Some areas may allow you to visit as a guest and remain anonymous, but you may not be able to access all the content and features of those areas without registering (in order to play our subscription based game(s), additional information, such as your real name and billing information, will be required).

You may be asked to choose a user or member name and password. Please do not use your real name or the real name of another person when selecting a user name. Please note that your user name will be available to the Internet’s general public while you participate in some services, like chat rooms or message boards, so you should exercise discretion when using these services. Personal information disclosed by you within our chat areas, instant message service, message boards, or during game play can be collected by other users of such services and may result in unsolicited messages. We are not responsible for protecting such information that you may disclose to third parties through our services (e.g. sending your telephone number to another user through the chat service). To the extent that you create a public profile that may be available to others on our sites and services, you are solely responsible for its content and accuracy at all times. To edit, change, or delete such information, follow the instructions on the web site.

Email Newsletters and Friend to Friend Promotions

You must have a membership account or sign up for the newsletter in order to receive emails from us. You may be asked for additional personal information when you subscribe. You can opt out of receiving future emailing from us by following the directions contained in the email to “unsubscribe.” Also, except in jurisdictions where it may be prohibited by law to do so, some FALLEN EARTH sites and Services may ask you to submit information about other people. For example, we may offer “Send to a Friend” promotions, like electronic postcards on our sites or through our newsletters. In these situations, users are asked to provide the e-mail address and, sometimes, the name of a friend. After the “Send to a Friend” transaction is completed, that information is deleted.

Sweepstakes, Contests, and Promotions

To participate in some of our sweepstakes, contests, surveys, and other promotions, you may be asked to provide additional personal information such as your mailing address. In each such case, no new personal information will be collected from you without your consent. This information may be collected by FALLEN EARTH or by third parties such as co-sponsors or vendors for the promotion. FALLEN EARTH’s use of any such information will be governed by this Policy. The names of third parties such as co-sponsors (other than vendors hired by FALLEN EARTH to conduct, administer, and execute a promotion on behalf of FALLEN EARTH) will be disclosed to you when you are asked to sign up for the promotion. You should review such third parties’ privacy policies to see how they may use any information that they collect.

Online Purchases and Technical Support

Issues related to customer service, billing questions, or technical and computer support, etc. may also require you to provide us with some personal information (such as such as your real name, email address, street address, etc.) so that we may resolve the issue properly.

Online Games

When you play any of the games offered and/or served by FALLEN EARTH, or use any of the communication features on the Sites, your IP address (the Internet protocol address from which you access any of the above) may be stored in our records. When any game is updated or “patched,” our patch routine may check your computer to see that you have the most recent version of game-specific files; when you communicate within any game, even “privately” to another person, you do so with the understanding that those communications go through our servers, can be monitored by us, you have no expectation of privacy in any of those communications and, accordingly, you expressly consent to monitoring of communications (including technical support and customer service communications) that you send and receive. When you log into one of our online games, your system specifications (such as OS, RAM, video card, monitor, system configuration, etc.) may be reviewed/recorded by us for the purposes of analyzing and optimizing your game experience and in order to provide you with customer service.

Resume Submissions and Business Capacity

FALLEN EARTH allows for the online submission of resumes. Please be advised that information (including personal information) contained in a job applicant’s resume or otherwise submitted to FALLEN EARTH in a business capacity is not subject to the terms of this Privacy Policy. The information obtained from your resume will only be used for the purpose of accepting and evaluating your submission for a job and contacting you in connection with that purpose.

What non-personal information we collect from you

General, aggregated, demographic, and non-personal information may be collected by FALLEN EARTH. It will not be linked to any of your personal information, through cookies or other means, without your consent. This type of anonymous, aggregated profiling and session data may include information that you have provided to us through surveys, polls, etc., but will not be tied to any personal information, without your consent. It may also include aggregated anonymous information about site usage and the customer base.

As part of the registration process for some services, you may be asked to provide information that does not personally identify you. For example, you may be asked to provide information concerning your entertainment preferences, purchasing habits, and the like. This information is generally optional but may be included in your account profile and tied to personal information. FALLEN EARTH requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest to you.

In many cases, FALLEN EARTH will automatically collect certain non-personal information about your use of its sites and services. FALLEN EARTH might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your “click path” through the FALLEN EARTH site, and the web site or advertisement that was linked to or from the FALLEN EARTH site when you visited. To do this, FALLEN EARTH may use cookies and other technology (see below). Your visits to our web sites, and information provided through these technologies, will be anonymous unless you provide us with personal information or have provided such information in the past.

Information on cookies and related technology

FALLEN EARTH web sites, and some services and advertisements on such sites, may contain “cookies.” A cookie is a piece of data that is sent to your browser, which will store the cookie on your computer if your browser is enabled to accept cookies. Clear gifs (also known as “web beacons”) assist in the delivery of cookies.

FALLEN EARTH uses cookies, clear gifs, frames, server log analysis and other technology to customize your experience with our sites and services. Personal information collected through the use of these technologies will be handled according to this Policy.

Most internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or “Help” screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the FALLEN EARTH web sites and services may not function properly. How we use and share the information that we collect from you

Personal information which we collect for a particular purpose will only be saved and used for that purpose, unless you have agreed to allow us to use it for some other purpose, as described in this Policy.

When you have provided personal information to us for a particular purpose, we may disclose your information to other companies that we have engaged to assist us in fulfilling your request. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal and business interests of FALLEN EARTH.

We may use the information we collect from you for the purpose of providing you with technical support, customer service, and account maintenance. We use the information we collect to learn what you like, tailor your experience accordingly, and to improve web sites and our other products. We send e-mail to our members who want to receive e-mail from us. However, if you don’t want to receive e-mail from us, you can “opt out” of receiving it at the time you register as a member on our web sites or each time we request information from you. If you change your mind and wish to stop receiving e-mails from us, you may also choose to opt out by following the steps described in each such e-mail.

Except as described in this policy, we will not give any of your personal information to any third party without your express approval, and the only personal information we will ask you if you want us to share with third parties is your name, your mailing address and e-mail address. We sometimes share general, demographic, or aggregated (not personal) information with third parties about our user base, but that information does not include any personal information.

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Sites, of any personal information contained in the FALLEN EARTH database for such site, if FALLEN EARTH or one of its companies assigns all of its rights and obligations regarding the use of your personal information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of FALLEN EARTH’s or such FALLEN EARTH company’s assets to a subsequent owner or operator, or similar event.

Information about links and third parties related to our sites and services

This Policy applies only to information collected online by FALLEN EARTH through web sites maintained by FALLEN EARTH and affiliated companies that FALLEN EARTH may own or control. From time to time, we may provide links to third party web sites. This Policy does not apply to third party web sites, whether we provide a link to such sites or not, so we encourage you to review the policies of all such sites carefully, as your rights will be governed by those third party policies and not by FALLEN EARTH’s. Additionally, there may be unauthorized third party web sites that may be providing links from their sites to our web sites without our knowledge or control. We are not responsible for the content of any third party web sites, expressly disclaim any statements or assertions made on such web sites, and deny all liability associated with your use of, and the content on, such other sites or advertisements contained therein.

How you may access, change, or delete the information you have provided to us

If you change your mind and do not want to receive e-mails from us and/or to have us share your name and e-mail address (or other personal information) with third parties, you may send an e-mail to us at accounts@fallenearth.com. Subject to security and privacy concerns (e.g., regarding your password, etc.), we will give you the ability to review, correct, delete, and/or update your information. To do so, you may send us an e-mail at accounts@fallenearth.com. You may also contact us via mail at: Attn: FALLEN EARTH Privacy Officer, 260 James Jackson Avenue, Cary, NC 27513 USA. If you choose to have your personal information removed from our active databases, we will do so within a reasonable time after your request and we will take reasonable steps to ensure that your personal data is not used (except as may be required by law) by FALLEN EARTH after your notification to us.

Other important agreements that govern your use of our sites and services

In addition to this Policy, your rights and obligations concerning our web sites, services, and online games are governed by the applicable web site terms of service, the applicable game’s end user license agreement and/or terms of use, and other applicable policies, guidelines, and requirements. When you sign up to use our services, please review each such agreement carefully, as you must agree to be bound by each such agreement before you may use the service.

Information for persons outside the United States

By consenting to this Policy, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein.

For persons in European Union countries, as used herein, terms such as “personal information” refer to “personal data” as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“Directive”). We will not collect any personal data from you unless you provide it voluntarily by providing us with your freely given specific and informed consent. By using FALLEN EARTH websites or services, you agree that we may transfer your personal information outside the European Union in connection with the purposes stated in this Policy. Your personal data may be transferred to the United States (and/or other non-EU jurisdictions, as applicable).

In certain countries other than the United States, our online game(s) and the services related thereto, may be provided to you by third party distribution partners. To the extent that a third party distributor is providing services related to your account, you understand and agree that each such distributor will collect and use your personal information in accordance with its own privacy policies (which you will have access to when you register to play). To the extent that FALLEN EARTH collects or retains any of your personal information, its use will continue to be governed by the terms of this Policy. Our commitment to secure the personal information we have collected.

While FALLEN EARTH takes precautions against possible breaches in its web sites and customer databases, no web site or Internet transmission is completely secure. Consequently, FALLEN EARTH cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the FALLEN EARTH sites and services is at your own risk. FALLEN EARTH urges you to take steps to keep your personal information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your user account, and closing your web browser.

Whenever you give FALLEN EARTH sensitive or confidential information, FALLEN EARTH will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser.

Notice of changes to the Policy

FALLEN EARTH reserves the right to change this Policy at any time by notifying registered users via e-mail of the existence of a new Policy and/or posting the new Policy on the FALLEN EARTH sites. All changes to the Policy will be effective when posted, and your continued use of any FALLEN EARTH site or service after the posting will constitute your acceptance of, and agreement to be bound by, those changes.