Masque Member Agreement

Welcome / Membership
Welcome to Masque online games. By registering for membership, using services and/or products made available from Masque, you agree to be bound by this Masque Member Agreement and the rules and policies published by Masque (including Masque Code of Conduct, Masque Privacy Policy and Masque Online Games Pricing & Free Play). This Masque Member Agreement, Masque Code of Conduct, Masque Privacy Policy and Masque Online Games Pricing & Free Play collectively constitute the Masque Terms of Service ("TOS"). The TOS govern your membership and your use of such services and/or products.
Ownership
Masque Publishing, Inc. ("Masque") is the owner of the Masque online games and the software used at its site and the software downloaded from its site ("the Software"). This site has content that is subject to copyright protection. As a member you are provided access to the Masque online games, including online chat and message boards related to the games (the "Service") and may use the Software and the Service in accordance with these TOS. Any and all material you copy, print or download is licensed to you by Masque for your personal, non-commercial home use only. You may not sell, copy, modify or redistribute the Software, nor may you de-compile, reverse engineer, or disassemble the Software.
Registration/Subscription
You agree to provide current and accurate information about yourself as prompted in the registration/subscription form and to update the information as needed to maintain its accuracy. If you provide any information that is inaccurate, not current or incomplete, or Masque has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Masque reserves the right to suspend or terminate your membership and any and all current or future use of the Software and the Service.
Membership requirements
As a member you agree to the following membership requirements. Your membership is subject to termination by Masque in its sole discretion and without notice to you for violation of these membership requirements.
1. You are responsible for all activity on your account. You must supervise the use of your account by others, including minors and teen-agers. You and your account may be subject to disciplinary action or termination if your account is used inappropriately.
2. You agree to comply with all applicable laws, rules and regulations regarding your membership and use of the Service and the Software. You agree to abide by the Masque Code of Conduct and you acknowledge that Masque has the right to enforce it in its sole discretion. Masque may take any action against your account, ranging from a warning to termination, if you or anyone using your account violates the Masque Code of Conduct or any other term of the TOS. Masque is not required to provide notice prior to terminating your account.
3. You agree to keep confidential the passwords associated with your account. You agree to indemnify Masque and hold Masque harmless for losses incurred by Masque or any other party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential.
4. The Service and the Software are intended to be enjoyable for as many members as possible. You agree to abide by generally accepted standards for the Service and to comply with the TOS. Masque reserves the right to determine, in its sole discretion, the generally accepted standards for the Service.
5. Any material that you contribute to the Service must not violate anyone else's rights (including copyright, trademark, privacy and publicity rights). You grant Masque the nonexclusive right to use, copy, modify, distribute and otherwise make available the material in connection with the Service.
6. You will not engage in behavior or disseminate material on the Service that is obscene, abusive, deceptive, defamatory, hateful or otherwise inappropriate, as determined by Masque. Certain material, created by members of the Service may not be suitable for minors. You acknowledge that Masque is not responsible for, and has no liability arising out of or related to, such minors' exposure to any material made available on the Service.
7. You will not engage in behavior that is disruptive to the performance of the Service or the experience of its members, including, but not limited to, hacking, cheating, impersonation, stalking, harassing, spamming or spreading of computer viruses.
8. Prohibited material also includes, but is not limited to, advertising of any kind, the promotion of other websites and the promotion or involvement in any actual gaming activities.
Billing and Charges for Members who are Subscribers
1. Information about charges and fees
  Masque charges annually, in advance, for a subscription to Masque online games. All paid fees are nonrefundable. See the Masque Online Games Pricing & Free Play link.
2. Your payment responsibilities
  You must make credit or debit card payments to pay Masque for subscription fees and all purchases made from Masque. You must give Masque accurate billing and payment information. Masque will bill the account that is associated with the screen name. You agree to pay Masque for all charges incurred under your account. You authorize Masque to charge your credit or debit card for these charges. If Masque does not receive payment from your credit or debit card, you agree to pay all amounts due upon demand by Masque.
  Every time you use the Service, you reaffirm that (i) Masque is authorized to charge your credit or debit card; (ii) Masque may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is terminated.
  You are responsible for all charges incurred under your account, including purchases made by you or anyone you allow to use your account (including your children, family or friends).
  You must notify Masque about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Masque's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
Changes to the Service/Software and Modification of TOS
Masque in its sole discretion may change or discontinue any or all aspects of the Service and/or the Software without notice, including access thereto.
Masque may modify the Service and/or the Software, change its fees and change its billing methods at any time. Masque will provide you with notice of any change in pricing or material changes to the Service at least at the time of subscription or renewal of subscription. If you disagree with any proposed change, your sole remedy is to terminate your membership before such change takes effect. Otherwise, you will be bound by the revised terms if you keep your membership. Masque will not refund any charges if you choose to terminate your subscription for this reason.
Masque reserves the right to log off accounts that are inactive for an extended period of time and you may not use tools that defeat Masque's automatic log-off feature.
Disclaimer of Warranties
YOUR USE OF THE SERVICE AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, MASQUE DISCLAIMS IMPLIED WARRANTIES THAT THE SERVICE AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. MASQUE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR THE SERVICE WILL BE CORRECTED. MASQUE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, THE SERVICE, OR ANY RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MASQUE OR A MASQUE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. MASQUE PROVIDES THE SERVICE AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT MASQUE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AND/OR SOFTWARE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
Limitation of Liability
MASQUE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY MASQUE SHALL BE THE REPLACEMENT OF ANY MASQUE SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH MASQUE IS THE TERMINATION OF YOUR ACCOUNT. IN NO EVENT SHALL MASQUE'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE AND SOFTWARE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID MASQUE DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
MASQUE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICE AND SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR MEMBERSHIP WITH MASQUE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MASQUE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, MASQUE'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR OFFERS EXPRESSLY MADE OR GUARANTEED BY MASQUE. MASQUE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH MASQUE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Indemnification
Upon a request by Masque, you agree to defend and indemnify Masque and hold Masque harmless from all liabilities, claims and expenses, including attorneys' fees that arise from a breach of the TOS for which you are responsible or from the use of the Service and/or the Software. Masque reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for Masque in that matter.
Termination
For members who are subscribers, unless renewed by payment of a subscription fee, the subscription terminates at the end of one year that began from the date the member became a subscriber or from a renewal date, whichever is applicable. No subscription fee, or any portion thereof, will be refunded.
For members who are subscribers and/or non-subscribers, your membership may be terminated by Masque if Masque determines, in its sole discretion, that you violated one or more terms of the TOS.
Termination of your account is your sole right and remedy with respect to any dispute with Masque. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Member Agreement or Masque's enforcement or application of this Member Agreement; (2) any policy or practice of Masque, including Masque's Code of Conduct and its Privacy Policy, or Masque's enforcement or application of these policies; (3) your ability to access and/or use the Service and/or the Software; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event that your account is terminated, no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Masque must give you express permission before it will reactivate your account if Masque previously terminated your membership for violating the TOS (including its Code of Conduct). Active members may not allow former members whose memberships have been terminated to use their accounts.
General Legal Terms
This Member Agreement, the terms provided at registration/subscription and the terms of the Masque Online Games Pricing & Free Play constitute the entire and only agreement regarding your Masque membership and your account. This Member Agreement supersedes all representations, agreements and other communications regarding your membership. Only Masque can amend this Member Agreement by posting the changes on the Service. If any term of this Member Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the term shall deemed to be stricken from this Member Agreement as if it had not been included from the beginning and the remainder of this Member Agreement enforced according to its terms.
You agree that this Member Agreement is not intended to confer and does not confer any rights or remedies from Masque upon any person other than you. You also agree that the Masque Privacy Policy and the Masque Code of Conduct, including Masque's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.
1. Choice of Law; Choice of Forum
  The laws of the State of Colorado, excluding its conflicts-of-law rules, govern this Member Agreement and your membership. You expressly agree that exclusive jurisdiction for any claim or dispute with Masque or relating in any way to your membership or your use of the Service and/or Software resides in the courts of the county of Arapahoe, State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Colorado in connection with any such dispute including any claim involving Masque and/or the Service and/or the Software. The foregoing provision may not apply to you depending on the laws of your jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
2. Electronic Delivery Policy and Your Consent
  You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with your membership electronically from Masque (collectively, "Notices"). You agree that Masque generally can send you electronic Notices by (i) e-mail to the address associated with your screen name, and/or (ii) by "pop up notice" and/or by (iii) posting the Notices on any game related web page.
  You must check the e-mail address associated with your screen name regularly for Notices from Masque. Masque will send important Notices about your membership, including any Notices concerning violations, to the e-mail address associated with your screen name.
  The delivery of any Notice from Masque is effective when sent by Masque, regardless of whether you read the communication when you receive it. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
3. Information for California Residents
  Under California Civil Code Section 1789.3, California Masque members are entitled to the following specific consumer rights information:
  Pricing Information. Current rates for using Masque online games may be obtained by clicking on the Masque Online Games Pricing & Free Play link. Masque reserves the right to change fees, surcharges, and yearly membership fees or to institute new fees at any time and at least at the time of subscription and subscription renewal.
  Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

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