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Exoplanet War Website Terms and Conditions and End User License Agreement

Thank you for visiting the Exoplanet War website located at www.exoplanetwar.com (the "Site"). The Site is an Internet property of Targa Ltd. and its affiliated companies ("Exoplanet War," "we" or "us"). You agree to the following Exoplanet War Website Terms and Conditions and End User License Agreement ("Terms and Conditions"), in their entirety, when you: (a) access or use the Site; (b) register as a basic member on the Site ("Basic Member"), which enables you to access the various Basic Member services detailed below ("Basic Services"), as well as basic access to the proprietary Exoplanet War game application (“Application”); (c) register as a free member on the Site ("Free Member"), which enables you to access the various Free Member services detailed below ("Free Services"), as well as free access the Application; and/or (d) register as a premium member on the Site ("Premium Member" and together with the Basic Members, and Free Members, the "Members"), which enables you to access the various Premium Member services detailed below ("Premium Services" and together with the Basic Services and Free Services, the "Services"), as well as the premium access to the Application. These Terms and Conditions are inclusive of the Exoplanet War Privacy Policy ("Privacy Policy") and any and all other applicable Exoplanet War operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Site, Application or Services in any manner or form whatsoever.

1. Scope of Agreement.

You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site, Application and Services. The Agreement constitutes the entire and only agreement between you and Exoplanet War with respect to your use of the Site, Application and Services, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services, Application, Site, the content contained therein and/or any other products and services provided by or through same. You understand and agree that Exoplanet War is not responsible or liable in any manner whatsoever for your inability to use the Site, Application and/or Services.

2. Modification of Agreement.

We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site and/or Application. By your continued use of the Site, Application and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site, Services and/or Application shall be subject to the Agreement. You understand and agree that Exoplanet War is not responsible or liable in any manner whatsoever for your inability to use the Site, Application or Services.

3. Requirements.

The Site, Application and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.

4. Registration.

In order to obtain access to the Application and Services, you must first submit the applicable application form ("Application") to Exoplanet War for review and initial approval either via the Site or via your Facebook® account, if you have one (“Facebook® Connection”). Exoplanet War reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The information that you must supply in order to obtain Free Services may include, without limitation: (a) your e-mail address; (b) user name and password; (c) only where you request a Facebook® Connection, your Facebook® (as defined below) account ID and other account information; and (d) any other information requested by us on the Application (collectively, "Free Services Registration Data"). The information that you must supply on the Site in order to obtain Basic Services or Premium Services may include, without limitation: (i) your e-mail address; (ii) user name and password; (iii) only where you request a Facebook® Connection, your Facebook® (as defined below) account ID and other account information; (iv) your credit card information or PayPal® (as defined below) information (depending on your preferred means of payment); and (v) any other information requested by us on the Application (collectively, "Enhanced Services Registration Data" and, together with the Free Services Registration Data, the "Registration Data"). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Exoplanet War will verify and approve all Applications in accordance with its standard verification procedures.

For purposes of the Agreement, "Facebook" shall mean Facebook Inc. Please be advised that Exoplanet War is not in any way affiliated with Facebook, and the Site, Application and Services are neither endorsed, nor sponsored, by Facebook. Facebook® is a registered trademark of Facebook Inc.

For purposes of the Agreement, "PayPal" shall mean PayPal, Inc. Please be advised that Exoplanet War is not in any way affiliated with PayPal, and the Site and Services are neither endorsed, nor sponsored, by PayPal. PayPal ® is a registered trademark of PayPal, Inc.

If Exoplanet War approves your Application to become a Member, Exoplanet War will send a confirmation e-mail to the e-mail address provided by you during registration. In order to activate your account ("Services Account") you must either click on the activation link in the confirmation e-mail, or input the activation code provided in the confirmation e-mail. If you do not activate your Services Account within seven (7) days from the date that the confirmation e-mail is sent, your activation link and activation code will expire. You can access your Services Account at the Site using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Services Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Services Account, user name and password including, without limitation, any and all purchases made therethrough.

5. Rejection/Termination.

Exoplanet War may reject your Application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where Exoplanet War believes that you are in any way in breach of the Agreement; and (b) where Exoplanet War believes that you are, at any time, conducting any unauthorized commercial activity by and through your Membership.

6. Description of Services/Application.

The Application and Services can only be accessed via a standard Web browser (such as Internet Explorer, Chrome, Firefox, etc.). Members that possess the requisite technology shall have the opportunity to:

(a) upon submitting an Application and receiving Exoplanet War's approval, utilize the "Free Services" in order to: (i) access the gaming features associated with the Application in order to establish a fictional society and interact with other fictional societies in various ways and toward various objectives; and (ii) utilize the chat, messenging and other interactive features that enable you to communicate with other Members via the Site’s functionality (“Interactive Services”). Free Members that have not accessed the Application for a period of 30 days may have their Service Accounts terminated, in Exoplanet War's sole and exclusive discretion;

(b) upon submitting an Application, paying a one-time fee as set forth below and receiving Exoplanet War's approval, utilize the "Basic Services" in order to: (i) access the gaming features associated with the Application in order to establish a fictional society and interact with other fictional societies in various ways and toward various objectives; (ii) utilize the Interactive Services; and (iii) utilize certain Basic Services and Application functionality made available to Basic Members but not Free Members; and

(c) upon submitting an Application, subscribing to the Premium Services as set forth below and receiving Exoplanet War's approval, utilize the " Premium Services " in order to: (i) access the gaming features associated with the Application in order to establish a fictional society and interact with other fictional societies in various ways and toward various objectives; (ii) utilize the Interactive Services; and (iii) utilize certain Premium Services and Application functionality made available to Premium Services but not Basic Members or Free Members.

(d) Items (a) through (c) in the preceding sentence, including the Interactive Services, shall be referred to herein collectively as the "Services." Certain aspects of the Services are more fully described below. You understand and agree that Exoplanet War is not responsible or liable in any manner whatsoever for your inability to utilize the Services and/or Application including, but not limited to, the Interactive Services.

7. Interactive Services.

(a) Subject to the restrictions contained herein including, without limitation, those contained in Section 7(b) below, the Interactive Services allow Members to participate on live chat, message boards and other interactive features during Application game play, and otherwise. In connection with the Interactive Services, each Member shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content posted by him/her through the Interactive Services (“Feedback”). Members are forbidden from posting website links, buttons, banner ads, co-registration paths, copy or processes for generating actions (“Links”) in any Feedback, and/or advertising of third party products and/or services within the Interactive Services. Exoplanet War reserves the right to prohibit any conduct by Members or remove any Feedback from the Interactive Services and/or Site at any time and for any reason, in Exoplanet War’s sole discretion. The reasons for removal may include where Exoplanet War believes that the Feedback posted by a Member is unsuitable for the Interactive Services and/or Site for any reason including, without limitation: (i) that the Feedback contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) that the Feedback contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) where Exoplanet War believes that a Member is, at any time, conducting any commercial activity by and through the Interactive Services; and/or (iv) where Exoplanet War believes a Member to be in violation of the Agreement. The Interactive Services contain Feedback that are provided directly by Members. You understand and agree that Exoplanet War shall not be liable to you, any end-users or any third party for any claim in connection with your use of the Interactive Services. You agree that Exoplanet War shall have no obligation and incur no liability to you in connection with any Feedback appearing in the Interactive Services. Exoplanet War does not represent or warrant that the Feedback posted in the Interactive Services is accurate, complete or appropriate. You understand and agree that Exoplanet War is not responsible or liable in any manner whatsoever for your inability to use the Interactive Services.

(b) As a Member, you agree that you are solely responsible for the Feedback and/or other information that you publish, transmit and/or post through use of the Interactive Services. You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of other Members; (vii) transmit any chain letters, spam or junk e-mail to other Members; (viii) express or imply that any statements that you make are endorsed by Exoplanet War, without our specific prior written consent; (ix) harvest or collect personal information of other Members whether or not for commercial purposes, without their express consent; (x) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) interfere with or disrupt any of the Services, the Application, the Site and/or the servers or networks connected to same; (xiii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; and/or (xv) use metatags or code or other devices containing any reference to Exoplanet War, the Services, Application and/or the Site in order to direct any person to any other website for any purpose. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Services Account without notice, in the sole discretion of Exoplanet War. Exoplanet War reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.

8. Non-Endorsement/Neutral Party.

Notwithstanding the foregoing, Exoplanet War undertakes no responsibility to monitor or otherwise police the Content made available by Members. Exoplanet War operates the Site and Services as a neutral party, and Exoplanet War does not regularly monitor, regulate or police the use of the Site and/or Services by any of its Members. The use of the Site and/or Services by a Member or otherwise does not constitute an endorsement by Exoplanet War of that Member. Exoplanet War is not responsible or liable for the acts, omissions, agreements, promises, content, Content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any Member or other third party.

9. Membership Fees.

(a) Premium Services. Upon registering for the Premium Services and providing the requisite Registration Data, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”), or your PayPal® account, as applicable, will be charged the applicable amount depending on the Premium Membership package selected:

(i) Where you select a three (3) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Four Dollars and Ninety-Nine Cents ($4.99). Membership will recur every three (3) days at Four Dollars and Ninety-Nine Cents ($4.99) if not canceled.

(ii) Where you select a ten (10) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Nine Four Dollars and Ninety-Nine Cents ($9.99). Membership will recur every ten (10) days at Nine Dollars and Ninety-Nine Cents ($9.99) if not canceled.

(iii) Where you select a thirty (30) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Nineteen Dollars and Ninety-Nine Cents ($19.99). Membership will recur every thirty (30) days at Nineteen Dollars and Ninety-Nine Cents ($19.99) if not canceled.

(iv) Where you select a three (3) month Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Forty Nine Dollars and Ninety-Nine Cents ($49.99). Membership will recur every three (3) months at Forty Nine Dollars and Ninety-Nine Cents ($49.99) if not canceled.

(v) Where you select a three (3) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Four Euros and Ninety-Nine Cents (€4.99). Membership will recur every three (3) days at Four Euros and Ninety-Nine Cents (€4.99) if not canceled.

(vi) Where you select a ten (10) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Nine Four Euros and Ninety-Nine Cents (€9.99). Membership will recur every ten (10) days at Nine Euros and Ninety-Nine Cents (€9.99) if not canceled.

(vii) Where you select a thirty (30) day Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Nineteen Euros and Ninety-Nine Cents (€19.99). Membership will recur every thirty (30) days at Nineteen Euros and Ninety-Nine Cents (€19.99) if not canceled.

(viii) Where you select a three (3) month Premium Membership, your Active Credit Card or PayPal® account, as applicable, will be charged Forty Nine Euros and Ninety-Nine Cents (€49.99). Membership will recur every three (3) months at Forty Nine Euors and Ninety-Nine Cents (€49.99) if not canceled.

Items (a) above shall be referred to collectively herein as the "Fees." All Fees will appear on your Active Credit Card bill or in your PayPal® account, as applicable. For so long as your Membership remains active, the Fees will accrue on the applicable anniversary date of your sign-up, and such Fees will be charged in advance. You acknowledge and agree that Exoplanet War will not obtain additional authorization from you for each monthly installment of the Fees charged to your Active Credit Card or PayPal® account, as applicable. Every time that you use the Services and/or Application, you re-affirm that Exoplanet War is authorized to charge your Active Credit Card or PayPal® account as applicable.

All Fees are payable in United States currency. Failure to use the Premium Services does not constitute a basis for refusing to pay any of the associated Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Exoplanet War in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Exoplanet War reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

Exoplanet War's authorization to provide and bill for the Premium Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Exoplanet War's reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your Premium Member account may be deactivated, and access to the Site and/or Services denied, for non-payment.

10. Cancellation of Membership.

You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, simply cease using the Site and applicable Services and cancel the subscription with the applicable payment processor, if any. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Exoplanet War. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 12 hereinbelow shall immediately terminate. The following conditions apply to any Basic and/or Premium Membership cancellation: (a) you shall not receive any pro-rata refund of your Fees for partial days or months; and (b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by Exoplanet War.

11. License Grant.

As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Application, Site, Services and associated content (collectively, "Exoplanet War Content"). Exoplanet War may terminate this license at any time for any reason. Unless otherwise expressly authorized by Exoplanet War, you may only use the Site and the Exoplanet War Content for your own personal, non-commercial use. No part of the Exoplanet War Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Exoplanet War Content except as expressly permitted by Exoplanet War. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer Exoplanet War Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the Exoplanet War Content. You may not use the Exoplanet War Content in conjunction with any other third-party content. You may not exploit any aspect of the Exoplanet War Content for any commercial purposes not expressly permitted by Exoplanet War. You further agree to indemnify and hold harmless Exoplanet War for your failure to comply with this Section 11. Exoplanet War reserves any rights not explicitly granted in the Agreement.

12. Proprietary Rights.

The Exoplanet War Content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Exoplanet War Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Exoplanet War Content is strictly prohibited. You do not acquire ownership rights to any Exoplanet War Content or other materials viewed at or through the Site. The posting of information or material at the Site does not constitute a waiver of any right in such information and/or materials.

13. Legal Warning.

Any attempt by any individual, whether or not an Exoplanet War customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, Application and/or Services is a violation of criminal and civil law and Exoplanet War will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

14. Representations and Warranties.

Member hereby represents and warrants to Exoplanet War that: (a) the Agreement constitutes Member's legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as the Feedback and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member's performance under the Agreement, the Feedback and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; and/or (iv) otherwise violate the prohibitions contained in Section 7 above; and (d) Member will be solely responsible for the Feedback and any use thereof.

15. Indemnification.

You agree to indemnify and hold Exoplanet War, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Application, Services and/or Site in any way; (b) your breach of the Agreement; (c) the Feedback; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 15 are for the benefit of Exoplanet War, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

16. Disclaimer of Warranties.

THE SITE, SERVICES, APPLICATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, EXOPLANET WAR MAKES NO WARRANTY THAT THE SITE, SERVICES, APPLICATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES, APPLICATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. EXOPLANET WAR WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES AND/OR APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXOPLANET WAR OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

17. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXOPLANET WAR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXOPLANET WAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, APPLICATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, APPLICATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE EXOPLANET WAR FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF EXOPLANET WAR TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, SERVICES, APPLICATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR EXOPLANET WAR MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EXOPLANET WAR. ACCESS TO THE SITE, SERVICES, APPLICATION AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS EXOPLANET WAR'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Third Party Websites.

The Site, Application and/or Services contain links to other websites on the Internet that are owned and operated by third parties. Exoplanet War does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Exoplanet War of the applicable website or any association with the website's operators. Because Exoplanet War has no control over such websites and resources, you agree that Exoplanet War is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Exoplanet War shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.

19. Editing, Deleting and Modification.

We reserve the right in our sole discretion to edit and/or delete any Content, documents, information or other material appearing on the Site.

20. User Information.

All materials that you submit through or in association with the Site including, without limitation, the Registration Data, shall be subject to the Privacy Policy. To access the Privacy Policy, please click http://exoplanetwar.com/privacy-policy.php

21. Dispute Resolution Provisions.

The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site, Services and/or terms and conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Exoplanet War and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Exoplanet War incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.

22. Miscellaneous.

To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

23. How to Contact Us.

If you have any questions about the Agreement or about the practices of Exoplanet War, please feel free to contact us at support@exoplanetwar.com.