TERMS OF USE

Welcome to StarKick Traders (the "Game"). Please review the following terms and conditions ("Terms of Use") as they govern your use of the Game. Please be advised that your use of this Game constitutes your agreement to follow and be bound by these Terms of Use.

Modifications to Terms of Use

yourdomain.com reserves the right, at our discretion, to update or revise these Terms of Use at any time. We will post such changes on yourdomain.com, and these additional or revised terms will become part of the agreement. Please check this Terms of Use document periodically for changes. Your continued use of the Game constitutes your binding acceptance of these Terms of Use, including any changes or modifications made by yourdomain.com as permitted above.

Accessing the Game

In order to access the Game, you must have access to the World Wide Web provided by an Internet Service Provider ("ISP") or Wireless Internet Service Provider ("WISP") of your choosing and you must pay any applicable fees for such access. yourdomain.com shall have no responsibility for the bandwidth of your connectivity or the operational speed of the ISP or WISP you have selected.

Your Registration Responsibilities

When registering for a Game account, you agree to (a) provide true, accurate, current, and complete information as prompted by the account registration form, (b) to maintain and update this registration information to keep it true, accurate, current, and complete and (c) to only open ONE account per actual player. yourdomain.com reserves the right to terminate your access in the event you provide registration information which is false, inaccurate, not current, or incomplete or if we discover or suspect that multiple accounts are being played by the same person.

Offensive Language

You agree to no swearing, foul language or cussing in the forums, beacons, planet names, ship names, in messages to other players or anywhere else.

Restrictions on Use

You agree to abide by all applicable local, state, national, and international laws and regulations in using the Game. You agree to not: (a) use the Game for illegal purposes; (b) use the Game in any manner which violates the rights of a third party, including without limitation intellectual property rights; (c) use the Game to post or otherwise communicate material which is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic, obscene, indecent or otherwise objectionable, or to post any links to any external Internet site that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, encoded binary files, job offers or listings or personal ads; (d) use the Game to provide materials which contain viruses or other contaminating or destructive features; (e) cheat in any form with respect to the Game.

yourdomain.com will not be held liable for damages of any kind arising from the use of the public posting areas of this Game, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Game Resources

You agree that yourdomain.com may regulate and set limits on your use of the Game's resources and services. You also agree that yourdomain.com reserves the right to change these limits or policies regarding Game resources at any time, with or without notice. You agree that yourdomain.com has no liability or responsibility for the deletion or failure to store any content you maintain, access or transmit through the Game.

Changes to Game

yourdomain.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Game (or any part thereof) with or without notice. You agree that yourdomain Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Game. In the event yourdomain Inc. redirects access to the game to another URL or another Web site, unless otherwise stated, the terms and conditions of that Web site shall apply.

Copyright

The content of the Game, including the text and images, is copyrighted and protected by US and international copyright laws.

Trademark

The yourdomain logo, Starkick Traders and the Starkick Traders logo are trademarks of yourdomain Inc. in the United States.

Disclaimer of Warranties and Limitation of Liability

yourdomain INC. PROVIDES THE GAME "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT OR OTHER MATERIALS MADE AVAILABLE USING THE GAME OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE GAME.

IN NO EVENT SHALL yourdomain.COM OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE GAME, OR WITH RESPECT TO THE INFORMATION, SERVICES, OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT yourdomain.COM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. yourdomain.COM'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $5.

SOME JURISTRICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISTRICTIONS, THE LIABILITY OF yourdomain.COM SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Applicable Law and Jurisdiction

Your use of the Game and these Terms of Use shall be governed by the laws of the State of YourState, without giving effect to any principles of conflicts of laws. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this agreement or the parties' relationship. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located yourPlace, USA for all claims arising out of or relating to this agreement.

General Provisions

You shall comply with all applicable laws and regulations, including US export laws. The terms and conditions set forth herein constitute the entire agreement between you and yourdomain.com. Any modifications of this agreement by you must be in writing and signed by both parties. The waiver by one party of any default of the other party shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.

Termination

yourdomain.com may terminate your use of the Game for any reason, with or without notice, including if you violate any of the rules of the Game or these Terms and Conditions.


Last Modified: May 30th, 2004