Before you lies Outland, an on-line entertainment service provided by Outland, Inc. Creating an Outland account shall constitute your agreement to the terms and conditions, software license, and disclaimer of warranty provided herein. FIRST OF ALL Be nice. Don’t do or encourage anything illegal. Respect the rights and feelings of other Outlanders. Have fun. GENERAL You are responsible for all use of your account and for ensuring that anyone who uses your account complies fully with the terms of this agreement. You may not create an account if you are a minor. However, if you are the parent or legal guardian of a minor, you may authorize that minor to use your account. You may not use Outland in any manner which is inconsistent with any applicable laws and regulations. You are responsible for all charges associated with your account, including any local or long-distance telephone charges or Internet charges which you incur while connected to Outland. OPERATION While on Outland you will be able to exchange information with other members. You are expressly prohibited from submitting any information which would constitute a crime or libel, violate personal, property, or proprietary rights, violate local/state/federal/international laws, encourage the use of controlled substances, or give rise to civil liability. You may not post any information protected by copyright without obtaining permission of the copyright owner. Only public domain files or files which have been approved by the author for on-line distribution may be uploaded to Outland. All copyright or other proprietary notices found on materials in Outland must be preserved on copies made of such material. You agree not to distribute unsolicited mail or to solicit other subscribers to use competitive on-line services All transactions on Outland concerning merchandise or services offered by a third-party not affiliated with Outland, Inc., including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between the seller and purchaser. Outland, Inc. shall not be a party to such seller transactions or be liable for the costs or damages arising, either directly or indirectly, from the actions or inactions of the seller. Outland, Inc. reserves the right to delete or edit, at its sole discretion, any information, excluding private electronic messages, which you enter into Outland. Outland, Inc. may, at its sole discretion, terminate any account. PAYMENT You agree to pay Outland, Inc. all charges relating to the use of your account, including use by a minor or other party, according to the rates published on-line at the time the service is used. Outland, Inc. reserves the right to change these rates upon fifteen (15) days prior notice published on-line. You may notify Outland, Inc. by telephone (800-752-9688) or postal mail (405 El Camino Real, Ste. 224 Menlo Park, CA 94025) of any breach of security to your account. Until such notice is received by Outland Inc., you will remain liable for any charges relating to the use of your account. The credit card information which you provide during the creation of your account shall be used by Outland, Inc. to bill you. You may not attempt to pay Outland, Inc. using any false, unauthorized, or expired credit card. You must notify Outland, Inc. of any changes to their home or billing address or to the credit card information, including expiration date, being used in connection with Outland. LICENSE The Outland Software is licensed to you by Outland, Inc. This license allows you to use, copy, and share the Outland software so long as it has not been modified in any way. Outland software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce Outland software to a human-perceivable form. You may not modify, incorporate into other works, lease, or sell Outland software without the prior written consent of Outland, Inc. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY OUTLAND AND OUTLAND SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. OUTLAND, INC. DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUTLAND, OUTLAND SOFTWARE, OR ANY SERVICES PROVIDED BY THE SAME AND ANY INFORMATION OR SOFTWARE CONTAINED THEREIN. OUTLAND, INC. DOES NOT WARRANT THAT THE OPERATION OF OUTLAND OR OUTLAND SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT OUTLAND OR OUTLAND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS IN OUTLAND OR OUTLAND SOFTWARE WILL BE CORRECTED. NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, GIVEN BY OUTLAND, INC. OR ITS EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL OUTLAND, INC. BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUTLAND, ANY OF THE SERVICES OR INFORMATION CONTAINED THEREIN, OR OUTLAND SOFTWARE EVEN IF OUTLAND, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUTLAND, INC.’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID UNDER THIS AGREEMENT. INDEMNITY You agree to indemnify and hold Outland, Inc. harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of this agreement or any content submitted to Outland through your account. MISCELLANEOUS The failure of either party to enforce performance by the other party of any provision of the Terms of Service or exercise any right under the Terms of Service shall not be deemed to be as a waiver or relinquishment of such party's right to assert any such provision or right. If any part of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, that part shall be deemed to be restated to reflect as closely as possible the original intentions of the parties in accordance with applicable law and shall not cause the invalidity or unenforceability of the remainder of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that body of California law concerning conflicts of law. This Agreement constitutes the entire agreement between the parties with respect to the use of Outland.