TERMS OF USAGE OF ARCHIVE

This page states the terms and conditions under which you may use the King and Empire web site (the "Site"). Please read the following carefully. If you do not accept the terms and conditions stated here (the "Terms of Use"), do not use this Site and service. By using this Site, you are indicating your acceptance to be bound by the terms of these Terms of Use. King and Empire may modify, revise or update these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are legally binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Site for any reason. The Material and all other content in this Site are presented solely for the purpose of providing entertainment and information.

Ownership of Posted Materials

This Site and all materials incorporated by King and Empire on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by King and Empire on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned or licensed by King and Empire or others ("Trademarks"). King and Empire respects the intellectual property rights of others and asks users of this Site to do the same.

Use of Material

Use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by King and Empire. Any authorization to copy Material granted by King and Empire in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. KING AND EMPIRE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN KING AND EMPIRE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KING AND EMPIRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KING AND EMPIRE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT KING AND EMPIRE'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KING AND EMPIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN KING AND EMPIRE OR ANY SITES LINKED TO KING AND EMPIRE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. KING AND EMPIRE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN KING AND EMPIRE WILL NOT INFINGE THE RIGHTS OF OTHERS AND KING AND EMPIRE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF KING AND EMPIRE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

KING AND EMPIRE DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, KING AND EMPIRE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON KING AND EMPIRE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF KING AND EMPIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT KING AND EMPIRE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Communities

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("COMMUNITIES") ARE NOT NECESSARILY THOSE OF KING AND EMPIRE OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. KING AND EMPIRE DOES NOT UNDERTAKE TO MONITOR OR REVIEW COMMUNITIES, AND THE CONTENT OF COMMUNITIES IS NOT THE RESPONSIBILITY OF KING AND EMPIRE. KING AND EMPIRE MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE COMMUNITIES WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

User Materials

Any communication or material that you provide to King and Empire by electronic mail or otherwise, including any ideas, concepts, stories, potential content, data, questions, comments or suggestions ("User Material") will be treated as non-confidential and non-proprietary. All User Material will be considered available for our use, free of any obligations to you.

By communicating, posting or uploading any User Material to this Site, you automatically and irrevocably: (a) grant and assign to King and Empire any and all rights in the User Material throughout the world, including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by King and Empire and/or by any person authorized by King and Empire, by any means and in all media now known or hereafter devised throughout the world, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all "moral rights" in the User Material which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint King and Empire as your agent with full power to enter into any document and/or do any act King and Empire may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Material and entitled to enter into these Terms of Use; (e) confirm that no such User Material will be subject to any obligation, of confidence or otherwise, to you or any other person and that King and Empire shall not be liable for any use or disclosure of such User Material.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

King and Empire reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Community. King and Empire may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. King and Empire may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If King and Empire believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. King and Empire will fully cooperate with any law enforcement authorities or court order requesting or directing King and Empire to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS KING AND EMPIRE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KING AND EMPIRE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER KING AND EMPIRE OR LAW ENFORCEMENT AUTHORITIES.

King and Empire has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. King and Empire does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. King and Empire may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for King and Empire or may cause King and Empire to lose (in whole or in part) the services of its ISPs or their suppliers.

Legal Obligations

You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by King and Empire) or privately transmitted on or through this Site are the sole responsibility of the sender, not King and Empire, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

Security

Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). King and Empire shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that King and Empire considers insecure, King and Empire will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, King and Empire reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Local Regulations

King and Empire makes no representation that the Material or other content in the Site are appropriate or available for use outside Canada, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from Canada or the country you reside in.

Indemnity

You agree to indemnify and hold harmless King and Empire and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of these Terms of Use, representations or warranties, and/or from your placement or transmission of any content onto King and Empire's servers, and/or from any and all use of your account.

Links

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of King and Empire, and you acknowledge that (whether or not such sites are affiliated in any way with King and Empire) King and Empire is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by King and Empire or any association with its operators.

The Site is controlled and operated by King and Empire from its offices within the Province of Ontario, Canada. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as they are applied to agreements entered into and to be performed entirely within Ontario. Any action you, any third party or King and Empire may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the Provincial or Federal Courts located in Toronto, Ontario, Canada, and you expressly consent to the jurisdiction of said courts.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.



 
 
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