I. Acceptance of Terms

These Terms and Conditions of Use (the "Terms of Use") apply to the Cryptic Studios web site located at www.crypticstudios.com, and all other web sites owned, operated, licensed or controlled by Cryptic Studios (the "Cryptic Studios Sites"). The Site is the property of Cryptic Studios. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Cryptic Studios reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Cryptic Studios grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any or all of your Accounts and/or Services. You acknowledge that Cryptic Studios is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.

Cryptic Studios reserves the right to deny, in its sole discretion, any user access to the Cryptic Studios Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).

II. Description of Services

Through the Cryptic Studios Sites, Cryptic Studios may provide you with access to a variety of games, products and services, and related resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Cryptic Studios Sites, are subject to these Terms of Service and any license agreements, codes of conduct or posted rules, instructions or guidelines regarding a particular Service and any related Software and materials (as applicable, the "License Agreement"). If there is any conflict between these Terms of Service and the applicable License Agreement for a particular Service, Cryptic Studios shall resolve the conflict in its sole discretion.

III. Copyright and Trademark notices

All content, design and layout of the Cryptic Studios Sites: Copyright © Cryptic Studios Inc. All rights reserved.

Cryptic Studios and other Cryptic Studios logos and product and service names are registered or unregistered trademarks or service marks of Cryptic Studios in the United States and/or other jurisdictions. All other trademarks referenced on this website are the property of their respective owners.

IV. Usage

By "Content," we mean the software, communications, images, sounds, and all the material and information perceived or made available from the Cryptic Studios Sites or Services, whether provided by Cryptic Studios or by users of the Services.

Cryptic Studios representatives may monitor Content on the Cryptic Studios Sites or Services. But we cannot monitor or prescreen all of the Content on the Cryptic Studios Sites and Services, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services or the applicable License Agreement, you can report it to the game support or community relations contact for the area in which the incident occurred. Cryptic Studios does not endorse, approve, or prescreen any Content that you or other third parties communicate on the Cryptic Studios Sites or Services. Cryptic Studios does not assume any responsibility or liability for Content that is generated by users of the Cryptic Studios Sites or Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Cryptic Studios Sites. Cryptic Studios does not control the quality, accuracy or content of any translated versions of the Cryptic Studios Sites or Services.

Cryptic Studios and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Cryptic Studios Site or Service. Without limiting the foregoing, Cryptic Studios and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.

From time to time, users may have the opportunity to provide feedback, suggestions and comments regarding your thoughts as to usability, overall impressions and improvements to Cryptic Studios's games and Services ("Feedback"). All Feedback is deemed to be Content for all purposes under these Terms of Service.

You acknowledge and agree that Cryptic Studios may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms of Service.

The Service is controlled and operated by Cryptic Studios from its offices within the State of California. Cryptic Studios makes no representation that Software and other materials available through the Service are appropriate or available for use in other locations. Those who choose to access the Cryptic Studios Sites or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Cryptic Studios Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. No Content or Software may be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Cryptic Studios server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Cryptic Studios, including any Cryptic Studios account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Cryptic Studios' systems or networks, or any systems or networks connected to the Site or to Cryptic Studios.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cryptic Studios on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cryptic Studios or others.

V. Termination of Account

Cryptic Studios has the right to terminate or suspend, and you have the right to cancel, your Account(s) at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with Cryptic Studios. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the Cryptic Studios Sites or any change in such Content; (3) your ability to access and/or use the Services; 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.

You can cancel your Account(s) for a Service by following the procedures made available with the applicable Service or Cryptic Studios Site. Cryptic Studios reserves the right to collect fees, surcharges or costs incurred before you cancel your Account(s). In the event that your Account is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it (such as points, tokens or in-game items). If your Account is terminated or suspended by Cryptic Studios, Cryptic Studios shall have the right to terminate or suspend any of your other Account(s).

VI. Disclaimer of Liability

1. NEITHER CRYPTIC STUDIOS NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE CRYPTIC STUDIOS SITES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE CRYPTIC STUDIOS SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CRYPTIC STUDIOS SITES OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE CRYPTIC STUDIOS SITES, INCLUDING, WITHOUT LIMITATION, ALL CRYPTIC STUDIOS SITES COMMUNICATION FEATURES.

2. THE CRYPTIC STUDIOS SITES AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE CRYPTIC STUDIOS SITES, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE CRYPTIC STUDIOS SITES, IS AT YOUR SOLE RISK.

3. THE CONTENT PUBLISHED ON THE CRYPTIC STUDIOS SITES OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CRYPTIC STUDIOS PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CRYPTIC STUDIOS SITES, SERVICE(S), SOFTWARE OR CONTENT DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.

4. THE CRYPTIC STUDIOS PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT PUBLISHED ON THE CRYPTIC STUDIOS SITES OR SERVICES FOR ANY PURPOSE.

VII. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE CRYPTIC STUDIOS PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE CRYPTIC STUDIOS SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CRYPTIC STUDIOS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE CRYPTIC STUDIOS PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CRYPTIC STUDIOS OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE CRYPTIC STUDIOS PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE CRYPTIC STUDIOS SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH CRYPTIC STUDIOS. 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, THE LIABILITY OF CRYPTIC STUDIOS AND THE CRYPTIC STUDIOS PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. CRYPTIC STUDIOS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE CRYPTIC STUDIOS SITES 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.

VIII. Links to Third Party Sites

THE LINKS APPEARING IN CERTAIN CRYPTIC STUDIOS SITES WILL LET YOU LEAVE THE CRYPTIC STUDIOS SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CRYPTIC STUDIOS AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. CRYPTIC STUDIOS IS NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. CRYPTIC STUDIOS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CRYPTIC STUDIOS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CRYPTIC STUDIOS OF THE LINKED SITES. CRYPTIC STUDIOS MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD-PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.

IX. Unsolicited Idea Submission Policy

Neither Cryptic Studios nor any of its employees accept or consider unsolicited ideas, including ideas for new or improved games or technologies, game or product enhancements, marketing plans or names for new games. Please do not send any original creative artwork, suggestions or other works. Our policy is aimed at avoiding potential misunderstandings or disputes when our company's products or strategies might seem similar to ideas submitted. Please do not send your unsolicited ideas to Cryptic Studios or its employees. If, despite our request that you not send us your ideas, you still submit unsolicited ideas, then regardless of what your letter or submission says, the following terms shall apply to your idea submission. You agree that your ideas will automatically become the property of Cryptic Studios without compensation to you, and that Cryptic Studios can use the ideas you submit for any purpose and in any way, including giving the ideas to others.

X. Asset Usage policy

Solely in connection with your fansite or your fansite pages dedicated to the Cryptic Studios games, we grant you, on a non-exclusive basis, permission to reproduce on the fansite to end users, all published Cryptic Studios game-related images, graphics or artwork (the "Cryptic Studios Content") from Cryptic Studios' web sites and Cryptic Studios trademarks and logos (the "Cryptic Studios Marks"), so long as you comply with the terms and conditions described here, as those terms and conditions may be modified from time to time in Cryptic Studios' sole discretion.

1. As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to Cryptic Studios that the fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of the Game, Cryptic Studios, its parent or affiliate companies, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, Cryptic Studios may terminate this permission. Your ownership in the fansite excludes the Cryptic Studios Content and Cryptic Studios Marks and excludes any derivative works based upon or including the Cryptic Studios Content and/or Cryptic Studios Marks. The fansite is not a "Joint Work" as that term is defined in the copyright law, title 17 United States Code.

2. You agree to include Cryptic Studios's trademark, copyright or other proprietary rights notices, as provided on the fansite page for the Cryptic Studios Game referenced, when displaying Cryptic Studios Content or Cryptic Studios Marks, and agree to comply with usage guidelines that may be provided by Cryptic Studios from time to time. If you post Cryptic Studios Content on your fansite, you must also post the following notice on your fansite on the same web page(s) as any of the Content: "Champions Online game content and materials are trademarks and copyrights of Cryptic Studios, Inc. and used with permission. All rights reserved." You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Cryptic Studios Content or Marks, including in digital form; nor challenge Cryptic Studios's ownership of the Cryptic Studios Content or Cryptic Studios Marks, nor use or adopt any trademarks that might be confusingly similar to such Cryptic Studios Marks.

3. Cryptic Studios reserves all rights, title and interest in and to the Cryptic Studios Content and Cryptic Studios Marks which are not expressly granted. You shall not rent, lease, reproduce, modify, translate or create derivative works of the Cryptic Studios Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the game or on the Cryptic Studios Sites, without the express written permission of Cryptic Studios. Cryptic Studios does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the game or upon Cryptic Studios Content or Cryptic Studios Marks is expressly prohibited.

4. If you intend to charge a subscription or access fee to generate revenue from the Fansite, we would require you to execute a simple license agreement with us. The limited permission granted here with respect to Fansite use of certain Cryptic Studios Content and Cryptic Studios Marks does not cover such circumstances.

5. Fansites that quote an article or patch message from an Cryptic Studios site are requested to limit the quote to a paragraph or less and provide a link back to the Cryptic Studios Site or associated game site for the full article or message, rather than reproducing on the Fansite the entire patch message or article. Permission to link from the fansite to crypticstudios.com or the associated game site is granted in such circumstances.

6. Under no circumstances will Cryptic Studios be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. Cryptic Studios reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.

XI. Indemnification

You agree to indemnify and hold harmless Cryptic Studios and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of The Cryptic Studios Sites Communication Features.

XII. Force Majeure

Cryptic Studios shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Cryptic Studios, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Cryptic Studios' 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.