This Web site (referred to as "The Website") and access to The Realm Online game ("The Game") is offered to you, the user, by Norseman Games, LLC ("Norseman") conditioned on your acceptance, without modification, of the terms, conditions, policies, and notices contained herein. Your use of The Website and/or The Game constitutes your agreement to all such terms, conditions, policies and notices (the "Agreement"). The Agreement is applicable only to The Game and The Website and its subsites and not other sites on the World Wide Web owned or operated by Norseman, its subsidiaries, affiliates and related entities ("Norseman Family"). Norseman may change, add, or remove any part of this Agreement, or any other terms associated with the use of The Website and/or The Game, at any time, by posting a notice of such changes. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use The Website and/or The Game after the notice is posted, you are indicating your acceptance of those changes.
The Website and/or The Game are for your personal use only. You may not sell or exchange anything you copy from The Website and/or The Game or use it for any business or commercial purpose. As long as you comply with the terms of this Agreement, Norseman grants you a non-exclusive, non-transferable, limited right to enter, use, perform and display The Website and everything on it. You agree not to interrupt or attempt to interrupt the operation of The Website and/or The Game in any way.
Norseman reserves the exclusive right, at our sole discretion, to deny service to anyone, at any time, for any reason. All parties submit to personal jurisdiction in the State of Michigan, the United States of America, and further agree that any cause of action relating to this Agreement shall be brought in the County of Kent, State of Michigan (if under State law) or the Michigan Western District, Sixth Circuit (if under federal law). If any provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
You understand that anything sent through, or appearing in, Norsemanís Communication Features are the sole responsibility of those persons posting the message. This means that you, and not Norseman, are entirely responsible for all information and material that you post there.
Norseman has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the Norseman system or network who are repeat infringers. Norseman may terminate access for content providers or forum participants (e.g., Message Boards, pagers) who are found repeatedly to provide or post protected material without necessary rights and permissions. Norseman does not control the content of any postings in Norseman's Communication Features and does not guarantee the accuracy, integrity or quality of anything within them. You understand that by using Norseman's Communication Features, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Norseman be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within Norsemanís Communication Features. Norseman retains the right to terminate The Website membership and/or game subscription of any subscriber who violates the following Rules of Conduct.
I. Rules of Conduct (ToS RoC)
You agree not to do any of the following while on The Website, The Game, or in any Norseman Communication Feature:
transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
impersonate any person or entity, including but not limited to, a Station official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
post or transmit any Content that contains a virus or corrupted data;
delete any author attributions, legal notices or proprietary designations or labels that you upload to a Norseman Communication Feature;
use a Norseman Communication Feature in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large embedded images);
post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and
upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
By submitting (e.g., uploading or transmitting) Content to an Norseman Communication Feature, you automatically grant Norseman the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived.
Norseman 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 Norseman Communication Feature. Without limiting the foregoing, Norseman and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold Norseman harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.The Customer Code of Conduct, also known as the "CCC", is hereby and herein incorporated by reference.
The Message Boards may provide, and users may include in messages, links to other Web sites or resources. Norseman is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Norseman shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on such external sites or resources.
III. Norseman Games' Community Standard Policies and Procedures
You hereby acknowledge and accept that online games, and system specifications necessary to play those games, may continuously evolve over time. Accordingly, Norseman reserves the right to modify and/or increase the system specifications necessary to play any online game - whether free or subscription based - at any time and without notice.
1. Premium Services
Some contents and/or services on The Website and The Game may be offered on a fee basis. If you elect to purchase fee-based content and/or services, and transmit to Norseman a purchase request, you warrant that your use of the particular credit card is authorized and that all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees you incur. Any account name and password supplied to you in connection with fee-based content and/or service you purchase is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your co-workers. Any distribution by you of such account name and password may result in cancellation of the fee-based content and/or service without refund and in additional charges based on unauthorized use.
The Website, including, without limitation, all Norseman Communication Features, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of The Website and each area contained therein are copyrighted as a collective work under the United States copyright laws. Norseman owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content contained on The Website (including, without limitation, content that The Website enables you to download) without the express written permission of Norseman and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from The Website is allowed by you only for your personal use. You acknowledge that Norseman and/or third-party content providers remain the owners of all materials posted on The Website, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Norseman hereby grants to each The Realm account subscriber (a "Subscriber"), in good standing, with the grant automatically revoked as of the moment that the Subscriber's account is no longer in good standing, a limited, personal, nonexclusive, nontransferable, non-assignable and fully revocable license to use (a) The Realm Online name, and (b) trademarks and copyrighted material from The Realm including NPC names and images, deity and monster names and images, geographical names, item names and images, character names and images, background art, and screenshots containing any of the foregoing (collectively, "the Norseman Property"), solely to be used for material (for example, so-called "fan fiction" and "fan artwork") that the Subscriber posts to and/or transmits through Norseman's Communication Features ("Licensed Content") in accordance with these Terms of Service -- and for no other use. Each Subscriber promises Norseman that any Licensed Content that he or she provides shall comply in all respects with these Terms of Service.
Solely in connection with your fansite or your fansite pages dedicated to Norseman Games' "The Realm Online", we can grant you, on a non-exclusive basis, permission to reproduce and redistribute on the fansite to end users, certain Norseman game-related images, graphics or artwork (the "Norseman Content") and certain Norseman trademarks and logos (the "Norseman Marks") that Norseman may expressly designate "for fansite use" on fansite pages at www.realmserver.com or its associated game sites, so long as you comply with the terms and conditions described here and on the fansite pages, as those terms and conditions may be modified from time to time in Norseman's sole discretion.
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 Norseman 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, Norseman, its 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, Norseman may terminate this permission. Your ownership in the fansite excludes the Norseman Content and Norseman Marks and excludes any derivative works based upon or including the Norseman Content and/or Norseman Marks. The fansite is not a "Joint Work" as that term is defined in the copyright law, title 17 United States Code.
You agree to include Norseman's trademark, copyright, or other proprietary rights notices, as provided on the fansite page for the Norseman Game referenced, when displaying Norseman Content or Norseman Marks, and agree to comply with usage guidelines that may be provided by Norseman from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of Norseman Content or Marks, including in digital form; nor challenge Norseman's ownership of the Norseman Content or Norseman Marks, nor use or adopt any trademarks that might be confusingly similar to such Norseman Marks.
Norseman reserves all rights, title and interest in and to the Norseman Content and Norseman Marks which are not expressly granted. You shall not rent, lease, reproduce, modify, translate or create derivative works of the Norseman 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 Website, without the express written permission of Norseman. Norseman 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 Norseman Content or Norseman Marks is expressly prohibited.
If you intend to charge a subscription or access fee to generate revenue from the Fansite, you are required to execute a license agreement with Norseman that may include licensing fees. The limited permission granted herein with respect to Fansite use of certain Norseman Content and Norseman Marks does not extend to Fansites that are not wholly free of charges and/or fees.
Fansites that quote articles, patch messages, developer's and other company representatives statements, and/or text from within The Game or a Norseman site are requested to limit the quote to a single paragraph or less and provide a link back to The Website, or associated game site, for the full article or message, rather than reproducing on the Fansite the entire content. Permission to link from the fansite to realmserver.com or the associated game site is granted in such circumstances.
Under no circumstances will Norseman be liable for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. Norseman reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.
4. Agent for Notifications of Claimed Infringement and Policy on Repeat Infringers
Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512 (c): Address: Norseman Games, LLC; 5 Lyon; Suite 202; Grand Rapids, MI; 49503. Name of Agent Designated to Receive Notification of Claimed Infringement: Lee Wochholz, President. Address of Designated Agent to which Notification Should be Sent: Norseman Games, LLC; 5 Lyon; Suite 202; Grand Rapids, MI; 49503. Email Address of Designated Agent: email@example.com. This email address is intended solely for the receipt of legal "Notifications of Claimed Infringement" under the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. 512. It is not intended for general inquiries and permission requests concerning the use of Norseman content.
Pursuant to 17 U.S.C. 512(i), Norseman has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the Norseman online system or network who are repeatedly infringe upon the copyrights of individuals or corporate entities. Norseman may terminate access for content providers or participants (The Game, Message Boards, and any other Norseman communication services) who are found repeatedly to provide or post protected material without necessary rights and permissions.
5. Submissions, Fan Fiction and Artwork, and Creative Ideas
Any and all creative suggestions, ideas, notes, drawings, concepts or other information sent to Norseman or contributed to a Norseman facility, such as The Message Boards, whether at our specific request or despite our request that you refrain from such action ("Submissions") and any and all Licensed Content shall be deemed, and shall remain, the property of Norseman from the moment of creation. Accordingly, Norseman shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions and Licensed Content of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all Submissions and Licensed Content are hereby irrevocably assigned to Norseman, together with all intellectual property rights therein. In any event, you agree that Norseman shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission and/or Licensed Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission and/or Licensed Content. You also give up any claim that any use by Norseman and/or its licensee(s) of any Submission and/or Licensed Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein. If you provide any Submission or Licensed Content, you warrant that you are eighteen years of age or older.
If you upload any photograph to or through any Norseman Communication Feature, you (i) grant to ("Norseman") the non-exclusive, worldwide right to use, post, publish and display your photograph on The Website, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (iii) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (iv) promise that you are the copyright holder of the photograph or have all rights necessary to authorize its unfettered use and distribution and (v) promise that you are eighteen years of age or older. You understand that, once your photograph is posted, anyone can download and/or distribute that photograph. You expressly waive any and all claims you may have against Norseman and release Norseman from any and all liability arising from or related to the submission and Norseman's or any third party's use of the photograph.
6. Software Available on this Web Site
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NORSEMAN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7. DISCLAIMER OF LIABILITY
NEITHER NORSEMAN, THE NORSEMAN FAMILY, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE WEB SITE OR THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE WEB SITE OR THE GAME WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR THE GAME OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE WEB SITE OR THE GAME, INCLUDING, WITHOUT LIMITATION, ALL NORSEMAN COMMUNICATION FEATURES.
THE WEB SITE, THE GAME, AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED 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 WEB SITE OR THE GAME, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF EITHER, IS AT YOUR SOLE RISK.
8. LIMITATION OF LIABILITY
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 8 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEB SITE OR THE GAME, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL NORSEMAN, THE NORSEMAN FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE WEB SITE OR THE GAME, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE GAME, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE WEB SITE OR THE GAME OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE WEB SITE OR THE GAME OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE WEB SITE OR THE GAME, EVEN IF NORSEMAN WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY NORSEMAN PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE WEB SITE OR THE GAME, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE WEB SITE OR THE GAME.
NEITHER NORSEMAN NOR THE NORSEMAN FAMILY ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE WEB SITE OR THE GAME, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEB SITE OR THE GAME, BY ANYONE OTHER THAN AUTHORIZED NORSEMAN EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL NORSEMAN, THE NORSEMAN FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE WEB SITE OR THE GAME, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE WEB SITE OR THE GAME, INCLUDING, WITHOUT LIMITATION, ALL NORSEMAN COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEB SITE OR THE GAME, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEB SITE OR THE GAME. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
NEITHER NORSEMAN NOR THE NORSEMAN FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR THE GAME AND NEITHER NORSEMAN NOR THE NORSEMAN FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NORSEMAN may give notice to you by means of a general notice on The Web Site or The Game, electronic mail to your e-mail address on record in Norseman's account information (if you are a Station Member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in Norseman's account information (if you are a Station Member). You may give notice to NORSEMAN by electronic mail to firstname.lastname@example.org or by first class mail, postage prepaid, or overnight courier to Norseman Games, LLC 5 Lyon Suite 202, Grand Rapids, MI, 49503, USA. Attn: Customer Service
Either NORSEMAN or you may terminate this Agreement at any time. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part. You may terminate this Agreement at any time by not using The Web Site or The Game. We can terminate the Agreement by asking you to stop using The Web Site or The Game, and, if necessary, by preventing your access to The Web Site or The Game. Upon termination of this Agreement, you shall have no further rights to use The Web Site or The Game or their services. Your only right and remedy with respect to any dissatisfaction with The Web Site or The Game is to terminate this Agreement, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of NORSEMAN in operating The Web Site or The Game, (ii) content available through The Web Site or The Game, or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, NORSEMAN shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to all or any part of The Web Site or The Game, without notice, in the event of any conduct by you which NORSEMAN, in its sole discretion, considers to be unacceptable, or for conduct that NORSEMAN believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by NORSEMAN on The Web Site or The Game, or for other conduct which NORSEMAN believes, in its sole discretion, is harmful to NORSEMAN, other Web Site or Game Members, or other users of The Web Site or The Game. NORSEMAN reserves the right to deny registration of any individual as a Web Site or Game Member and to deny access to The Web Site or The Game to any individual. All of the Sections of the General Terms and Conditions of this Agreement survive termination of this Agreement.
You agree to indemnify and hold harmless NORSEMAN, the Norseman Family, 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 Web Site or The Game, including, without limitation, all NORSEMAN Communication Features.
You may be required to report as taxable income the value of any physical prizes received by you. To collect a physical prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by NORSEMAN. NORSEMAN and/or any sponsor who provides a particular physical prize may report the value of the physical prize to Federal and/or state taxing authorities.
13. Jurisdictional Issues
This Web Site and The Game are controlled and operated by NORSEMAN from its offices within the State of Michigan, United States of America. NORSEMAN makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access The Web Site or The Game 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. Software from The Web Site is further subject to United States export controls. No software from The Web Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, 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.
This Agreement constitutes the entire agreement between NORSEMAN and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to Michigan's principles of conflict of laws. You hereby consent to personal jurisdiction by the state and federal courts sitting in the State of Michigan, County of Kent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.