IMPORTANT! PLEASE READ CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AARCSOFT THE OWNERS OF GAMEZONE AND ALL THE GAMES FEATURED WITHIN. BY TICKING THE "ACCEPT" BOX, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT PLEASE LEAVE OUR WEBSITE AND DO NOT USE OUR SERVICES. 1. Establishment of an Account. A. You may establish one (1) user account (the "Account") with which to play all Gamezone games by accessing the Service pursuant to the terms, conditions and restrictions contained in this Agreement. In order to establish an Account, you must be a 'Natural Person,' who is over the age of 14 in the country where you are a citizen. Corporations, Limited Liability Companies, partnerships, or any other form of legal entity other than that of a "natural person" may not establish an account, and by accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. You may not share the Account with anyone, except that if you are a parent or guardian, you may permit one (1) minor child to use the Account when not in use by you. You are liable for all uses of the 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 Aarcsoft. B. To register an Account to play, you will be required to provide Aarcsoft with: (i) your name, address and phone number; (ii) accurate, complete, and updated billing information for payment of any fee. Failure to comply with the foregoing or to update the foregoing if your contact information or billing information changes shall constitute a breach of this Agreement, which may result in the immediate termination and deletion of the Account. As such, it is imperative that you provide Aarcsoft with accurate, up to date information. In the event that Aarcsoft learns that you have provided false or misleading registration information, Aarcsoft reserves the right to immediately terminate and disable or delete the Account. C. You hereby agree to pay all charges incurred by the Account, including applicable taxes, in accordance with billing terms for access to the Service that are in effect at the time that the fee or charge becomes payable. Your right to access to the Service is subject to any limits established by Aarcsoft or by your credit card issuer, billing service, or other payment methods authorized by Aarcsoft. Aarcsoft may, in its sole and absolute discretion, suspend or terminate your access to the Service and disable or delete the Account, if: (i) payment cannot be charged to your credit card; (ii) your charge is returned to Aarcsoft for any reason; (iii) you are paying by cash and you fail to pay the fee; or (iv). If you have a balance due on the Account, you agree that Aarcsoft can charge these unpaid fees to your credit card or debit them from your debit card, as applicable. You agree to reimburse Aarcsoft for all costs and expenses incurred by Aarcsoft in collecting payment due hereunder, including without limitation all bank or service charges, and any reasonable attorneys' fees. D. Any game resources, including Runes or other credit associated variables, that are bought, remain the exclusive property of Aarcsoft. You are allowed to manage these resources and make use of them within game limits, as you wish, as long as this falls within the rules dictated by this document. No refund or credit will be given in exchange of these resources and nothing in these rules will ever place a "duty" upon Aarcsoft to reimburse you in any way. E. During the registration process, you will be required to select a user name and a password that are specific to the Account (collectively referred to hereunder as "Password"). We recommend that a suitable password be found. This should preferably include a combination of letters and numbers having a minimum of 6 characters. You should avoid using account names or game related words which can be easily guessed by others. Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself and/or your one (1) minor child. Aarcsoft is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. The user name you choose shall be subject to the naming guidelines contained in this Terms of Use Agreement. F. Aarcsoft does not recognize the transfer of Accounts, and any authorized transfer will result in the permanent deletion of the Account. You may not offer any Account for sale or trade, and any such offer is a violation of this Agreement and may result in suspension or termination of the Account. G. There are no refunds where the Account is terminated prior to the end of a subscription period; the Service will be available for your use until such time that the then-current subscription period expires. The maximum period of any subscription, sale or donation will not exceed one year. 2. Limitations on Your Use of games in The Gamezone(Any Aarcsoft hosted game). Your license to use our services is limited by this Terms of Use which you are required to accept to play any of our games. Limitations on your right of use may include, but not necessarily be limited to, the following: A. Aarcsoft expressly reserves the exclusive right to create derivative works based on any of their games. This means that you may not create derivative works based on any of their games, without the prior express, written permission of Aarcsoft. B. Only Aarcsoft or its licensees have the right to host any of the Gamezone group of games! Accordingly, you may not host, provide matchmaking services for, or intercept, emulate or redirect the communication protocols used by Aarcsoft, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying clients, adding components to clients or game, or using a utility program to host. C. You agree that you will not (i) modify or cause to be modified any files that are a part of our installation; (ii) create or use cheats, "mods", and/or hacks, or any other third-party software designed to modify games; (iii) use any third- party software that intercepts, "mines", or otherwise collects information. D. You may not institute, assist, or become involved in an attack upon any Aarcsoft server or otherwise attempt to disrupt our servers, service or games in any way. You may not institute any such attack which results in the disruption of any other player's experience or on the game as a whole. ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, AARCSOFT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW. You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation in connection with your use of our Service. 3. Rules of Conduct. As with all things, our games are governed by certain rules of conduct that must be adhered to by all users. It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be exhaustive, and Aarcsoft reserves the right to determine which conduct it considers to be outside the spirit of the game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Aarcsoft reserves the right to modify these Rules of Conduct at any time pursuant to Section 10 of this Agreement. A. Rules Related to User Names. Each user will either select a character name. Additionally, users may form "Kingdoms", "Clans" or the like and such will be required to choose a name. When you choose a character name, or otherwise create a label that can be seen by other players, you must abide by the following guidelines as well as the rules of common decency. If Aarcsoft finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of our service. In particular, you may not use any name: 1. Belonging to another person with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent of Aarcsoft; 2. That incorporates 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; 3. Subject to the rights of any other person or entity without written authorization from that person or entity; 4. That belongs to a popular culture figure, celebrity, or media personality; 5. That is, contains, or is substantially similar to a trademark or service mark, whether registered or not; 6. Belonging to any religious figure or deity; 7. Taken from Aarcsoft's products. 8. Related to drugs, sex, alcohol, or criminal activity; 9. Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc); 10. Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm"); 11. Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers", "Batman") 12. That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou") 13. That incorporates titles. For purposes of this subsection, "titles" shall include without limitation 'rank' titles (e.g. , "CorporalTed," or "GeneralVlad"), monarchistic or fantasy titles (e.g., "KingMike", "LordSanchez"), and religious titles (e.g., "ThePope," or "Reverend Al"). You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions. B. Rules Related to "Chat" and Interaction With Other Users. Communicating with other Users and Aarcsoft representatives is an integral part of some of our games and is referred to in this document as "Chat." Your Chat sessions may be subject to review, modification, and/or deletion by Aarcsoft without notice to you. Additionally, you hereby acknowledge that Aarcsoft is under no obligation to monitor Chat, and you engage in Chat at your own risk. When engaging in Chat, or otherwise utilizing, you may not: (i) Transmit or post any content or language which, in the sole and absolute discretion of Aarcsoft, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above; (ii) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat; (iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and service available outside of our own service; (iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including but not limited to continuous advertisements to sell goods or services; (v) Communicate or post any user's personal information, or websites or forums, except that a user may communicate his or her own personal information in a private message directed to a single user, or where given express permission by Aarcsoft. (vi) Use bots or other automated techniques to collect information or any forum or website owned or administered by Aarcsoft; (vii) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user; or (viii) Cheat or utilize "exploits" in any way, including without limitation modification of the game program/client or browser files. (ix) Participate in any action that, in the sole and absolute opinion of Aarcsoft, results or may result in an authorized user of being "scammed" or defrauded out of gold, weapons, armor, or any other items that user has earned through authorized game play. C. Rules Related to Game Play Game play is what our games are all about. Accordingly, the rules that govern game play are taken very seriously by Aarcsoft. Note that Aarcsoft considers all valid play styles to be part of the game, and not harassment, so player-killing, including gravestone and/or corpse camping, is considered a part of the game. Because it is a "player vs. player" game, you should always remember to protect yourself where the members can attack you, rather than contacting Aarcsoft in- game customer service representatives, referred to herein as "Game Masters", "Admin", or "Support", for help when you have been killed by an enemy. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following: (i) Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players. (ii) Connecting, or creating tools that allow you to connect, to our games proprietary interface or interfaces, other than those explicitly provided by Aarcsoft for your use. (iii) Using tools that hack or otherwise alter our games, client or server software. (iv) Using software products that "packet sniff" or provide scripting and/or macroing to obtain information from our games. (v) Anything that Aarcsoft considers contrary to the "essence" of our games. D. Communication within the game. You must communicate in a reasonable, educated and polite manner at all times when using any of our game's communication media. When contacting or communicating with an administrator you must observe proper decorum and restrict conversation to game related issues. You may not raise accusations, slander or use vulgarities against others. You may not disrupt, spam or induce others to do any of the above. Failure to comply will lead to termination of your account. 4. Account. A. Password Security. You are responsible for maintaining the confidentiality of your Password, and you will be responsible for all uses of your Password, whether or not authorized by you. Also, note that the security of the Account is your responsibility. Aarcsoft is not responsible in the event that the Account is "hacked," or if the Account or your computer is damaged by a virus, or for any other issues with your computer or the Account. If you think that the Account has been compromised, please contact Aarcsoft Technical Support, either through our Game Masters or by emailing Technical Support, and Aarcsoft will help you with information on how you can reset your Password. If you report the Account stolen, hacked, or in any other way compromised, Aarcsoft will suspend the Account while the matter is investigated. Following this investigation, Aarcsoft will determine the appropriate course of action in its sole and absolute discretion. B. Support and contact with administration. You may contact administration using the emails provided within the game or website. You may not spam, share or distribute these emails with others. Any communication between the administration and the player is considered strictly confidential and may not be shared, forwarded(email), posted(forums), or distributed in any fashion, as a whole, part of, in the spirit of, or interpretered in your own words. Any such violation may result in suspension or termination of the Account. 5. Consequences of Violating the Aarcsoft Code of Conduct. Aarcsoft may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of our games. Violation of any of the terms and conditions set forth above may result in actions being taken by Aarcsoft, effective immediately or at a time determined by Aarcsoft, which may include without limitation: (i) temporarily suspending your access, or (ii) permanently terminating your access. Without limiting the foregoing, Aarcsoft retains the right to decline service to any user who violates these Terms of Use or the End User License Agreement where applicable. 6. Experience Reimbursement. First and foremost, nothing in these rules will ever place a "duty" upon Aarcsoft to reimburse you by providing game resources for any game resource lost for any reason. That being said, Aarcsoft may, at its sole and absolute option, determine to reimburse game resources lost by players in certain extreme and unusual situations. For instance, Aarcsoft may decide to reimburse resources lost in the event of a catastrophic server failure. But remember that it is completely up to Aarcsoft to determine which situations would justify experience reimbursement. In no event is Aarcsoft obligated to provide any monetary reimbursement or monetary credit. 7. Selling of Items. Remember, at the outset of these Terms of Use, where we discussed how you were "licensed" the right to our games, and that your license was "limited"? Well, here is one of the more important areas where these license limitations come into effect. Note that Aarcsoft either owns, or has exclusively licensed, all of the content which appears in our games. Therefore, no one has the right to "sell" Aarcsoft's content, except Aarcsoft! So Aarcsoft does not recognize any property claims outside our games or the purported sale, gift or trade in the "real world" of anything related to our games. Accordingly, you may not sell items, games resources, services or any game related material tangible or intangible for "real" money. It is strictly prohibited to make any kind of profit from any Aarcsoft related product, directly or indirectly, without the knowledge and written permission of Aarcsoft. 8. Online Duration. Aarcsoft agrees to provide the servers and software necessary to access the Service until such time as our games or any particular game we host are "Out of Publication." Our games shall be considered "Out of Publication" following the date that our games are no longer manufactured and/or distributed by Aarcsoft both online or physically, or its affiliates. Thereafter, Aarcsoft may, in its sole and absolute discretion, continue to provide the Service or license to third parties the right to provide the Service. However, nothing contained herein shall be construed so as to place an obligation upon Aarcsoft to provide the Service beyond the time that our games are Out of Publication. Neither the Service nor Aarcsoft's agreement to provide access to the Service shall be considered a rental or lease of time on or capacity of Aarcsoft's servers or other technology. In the event of one of our products going "Out of publication", all game resources and accounts associated with it may be deleted. In any event all data will be considered irrecoverable and Under no circumstances will any refund or reimbursement be given. In any event the effect of any purchase or donation will only have a maximum duration of one year from the day of sale, after which time it will automatically expire. Aarcsoft reserves the right to remove any game item, virtual item, game bonus, or game resource whether purchased or gained through donation at that time or any other time if it deems necessary, without warning or consultation with the player. 9. Our Administration; Changes to the Terms of This Terms of Use Agreement. Aarcsoft reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including, without limitation, access policies, the availability of any feature, hours of availability, content, data, software or equipment needed to access our games, the amount of, or basis for determining, any fees or charges, and institution of new fees or charges, effective upon notification of any such change without any prior notice. 10. Ownership. All title, ownership rights and intellectual property rights(including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated, transcripts of the chat rooms, character profile information, recordings of games played, and client and server software) are owned by Aarcsoft or its licensors. Our games are protected by international copyright treaties and conventions, and other laws. All rights are reserved. Our games may contain certain licensed materials, and Aarcsoft licensors may protect their rights in the event of any violation of this Agreement. 11. Termination. This Agreement is effective until terminated. Either party may terminate this Agreement immediately by delivering to the other party written notice of such termination or by terminating the Account. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased games. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. Aarcsoft reserves the right to terminate this Agreement without notice, if, in Aarcsoft's sole and absolute discretion, you fail to comply with any terms contained in these Terms of Use or our games EULA where applicable. 12. Acknowledgments. You hereby acknowledge that: A. WHEN RUNNING, OUR CLIENT MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN AARCSOFT'S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK OUR INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY AARCSOFT; OR (iii) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION. IN THE EVENT THAT WE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, AARCSOFT MAY (a) COMMUNICATE INFORMATION BACK TO AARCSOFT, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER SECTION 6 OF THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. B. You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to our servers. C. Aarcsoft has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you. D. Aarcsoft has the right to obtain data from your connection in order to make certain demographic assumptions regarding the users without any further notice to you. E. In order to assist Aarcsoft to police users who may use "hacks," or "cheats" to gain an advantage over other players, you acknowledge that Aarcsoft shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit, and storage devices. This information will only be used for the purpose of identifying "cheaters," and for no other reason. F. OUR GAMES ARE PROVIDED "AS IS" AND AARCSOFT DOES NOT WARRANT THAT THESE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND AARCSOFT EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ITS CONDITION, DEFECTS, USE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. Any warranty against infringement that may be provided in Section 2-312(3) of the Uniform Commercial Code and/or in any other comparable state statute is expressly disclaimed. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental damages, so the above limitations may not apply to you. G. The use of any "user interface" other than the user interface that is included or recommended by Aarcsoft("Third Party User Interface") is not recommended, and you hereby agree to indemnify and hold harmless Aarcsoft from all claims, damages, and other losses which may arise from your use of a Third Party User Interface. At such time that Aarcsoft elects to post a list of approved Third-Party User Interfaces on its website, you agree that you will use only those Third-Party User Interfaces approved by Aarcsoft, and that you will use no other Third-Party User Interfaces in connection with any of our games. H. NEITHER AARCSOFT NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, AARCSOFT SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY OUR SERVERS. MOREOVER, NEITHER AARCSOFT NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL AARCSOFT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. I. You may not be able to access our servers and services whenever you want, and there may be extended periods of time where you cannot access our services or games. J. Aarcsoft shall not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of Aarcsoft; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Aarcsoft'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. K. Our games require the creation and retention of electronic files, including without limitation player characters, accounts, statistics, user profiles, weapons, armor, quests, loot, etc. ("Game Data"), which are stored by Aarcsoft. While keeping Game Data safe is a priority of Aarcsoft, note that Aarcsoft shall not have any liability for the loss of any Game Data for any reason whatsoever. L. Aarcsoft reserves the right, in its sole and absolute discretion, to modify or delete any information, including without limitation Game Data and any other information accumulated, stored or uploaded on our servers; M. You are entirely liable for all activities conducted through the Account, and are responsible for ensuring that any other person who uses your account is aware of the terms of and complies with this Agreement. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Password, you will immediately notify Aarcsoft by emailing Technical Support to report the actual or suspected breach of security. 14. Equitable Remedies. In the event that you breach this Agreement, you hereby agree that Aarcsoft would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Aarcsoft shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Aarcsoft may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. 15. Choice of Laws. This Agreement shall be governed by and construed in accordance to European law, without giving effect to any principles of conflicts of law. Other laws may apply if you access the Service from Canada, Australia, or New Zealand, but 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, The New Zealand Consumer Guarantees Act 1993 ("Act") may apply to our games and software and/or the Service as supplied by Aarcsoft to you. If the Act applies, then notwithstanding any other provision in these Terms of Use, 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 these Terms of Use. Those who choose to access the Service from locations outside of Europe, Canada, Australia, or New Zealand do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. 16. Miscellaneous. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Aarcsoft concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Aarcsoft; provided, however that this Agreement is in addition to, and does not replace or supplant, the End User License Agreement or Policy Statement where applicable that acompanies our software. This End User License Agreement or Policy Statement will supersede this agreement only in the event of a contradiction and only for the particular contradictory clause. This is only meant for the purpose of providing flexibility to this Agreement when covering different games provided by Aarcsoft. Aarcsoft will cooperate fully with all governmental authorities and any lawful orders of the court or other legal process with regard to the release of information that relates to you and/or your use of Our games, including without limitation user Internet Protocol (IP) addresses, associated personal information and all other user information on file. The section headings used herein are for reference only and shall not be read to have any legal effect. I hereby acknowledge that I have read and understand the foregoing Terms of Use Agreement and agree that my use of this service is an acknowledgment of my agreement to be bound by the terms and conditions of this Terms of Use Agreement. (c) 2006 Aarcsoft. All rights reserved. Gamezone, and all games featured within Gamezone are trademarks or registered trademarks, of Aarcsoft. All rights are reserved.