Last Modified: December 4, 2013

TERMS OF USE AGREEMENT

Welcome to Alternate Worlds, Inc. Your use of our website and/or services constitutes your agreement to all the terms and conditions contained herein. By using our services, you also represent that you are at least 18 years old. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here.  All such changes are effective when posted.

CONTENT

All content included on the Alternate Worlds website (including without limitation text and images) is the property, proprietary content, information and material of Alternate Worlds and is protected by United States and international copyright and other intellectual property laws, rules, and regulations.  You may not copy or otherwise use any such proprietary content, information or material without the prior written consent of Alternate Worlds except as otherwise permitted in the website or services. You agree not to sell, distribute, or create derivative works based on the Website or services, in any manner.  In addition, you agree not to use the Website or services in any manner to harass, abuse, threaten, defame or otherwise violate the rights of any other person; provided further, you agree Alternate Worlds is not in any way responsible for any harassing, abusing, threatening, defaming, offending or creating illegal messages.

PERSONAL CONDUCT

As a condition of use of the website and services, you agree that you will under no circumstances violate any applicable law, regulation, or Term of Use.  You are solely responsible for the information and/or materials that you publish, display or otherwise communicate in any manner. This includes any kind of content that might offend other users or involves illegal actions or products.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT ALTERNATE WORLDS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE ALTERNATE WORLDS WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED. 

IN NO EVENT SHALL ALTERNATE WORLDS OR ANY OF ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY LOSS OF DATA, LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE OR ALTERNATE WORLDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, SECURITY BREACHES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Alternate Worlds, its shareholders, officers, directors, employees, agents and contractors from and against any and all losses, liabilities, damages, injuries, claims demands, lawsuits, costs and expenses, including attorneys' fees (“Claims”), arising out of, resulting from or related to any: (i) use of and access to Alternate Worlds website and services, including any content or data used, transmitted or received by you; (ii) violation of the Terms of Use; (iii) your violation of any rights of third-parties; (iv) violation of any state, local or Federal law, rule or regulation of the United States or any other country; (v) claims or damages that arise out of content associated with your use; or (vi) breach by you of any representation, warranty or covenant contained herein.

ADDITIONAL TERMS

This is the entire agreement of the parties with respect to the subject matter hereof, and Alternate Worlds may make any amendments, supplements or modifications.  In the event that any portion of these Terms of Use is held to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of the Terms of Use entitled Content, Disclaimer of Warranties, Limitation of Liability, Indemnification and Miscellaneous shall survive the termination of the Terms of Use. This Terms of Use Agreement and Privacy Policy, your use of the Alternate Worlds website, and all matters pertaining to Alternate Worlds' products are governed by (and shall be interpreted in accordance with) the laws of the State of California, USA as if made and performed by California residents.  Jurisdiction and venue for any and all claims and actions involving the parties shall be in the California State Superior Court or the United States District Court for the Ninth Circuit (Northern District of California) sitting in San Jose California. You hereby consent to the exclusive jurisdiction of the foregoing courts and waive all objections to venue therein.