I. WarCry Network Registered Member User Agreement

Welcome to WarCry Network, the Front Line of Entertainment! We are excited to have you join us and look forward to your participation within our community. Before you jump into the content, commerce, and community opportunities available on our sites, please take a moment to review this User Agreement (the "Agreement"). This Agreement is an agreement between you (referred to hereinafter as "You", "Your," "Member," or "User") and WarCry Corp. It is important that you understand both the benefits we provide, as well as our limitations.

This Agreement applies to the web sites owned by WarCry Network and its affiliates. (referred to hereinafter as either "WarCry”). This agreement also applies to the various services offered by WarCry (collectively, the "Services").

While the Sites each offer a different combination of services and tools from one site to another, this agreement reflects our approach to memberships across our Sites and Services.

1. Acceptance of Agreement

When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these "Terms) at any time at: http://corp.warcry.com/content/user_agreement. Your continued use of our services signifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by visiting your subscriber preferences page ("Edit My Account") and canceling your account.

Our Sites and Services may provide you with opportunities to link to, or otherwise use, sites and services offered through our third-party service providers. Your use of any such third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to our visitors. Such third-party linked sites are not WarCry control and WarCry is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.

2. Children

WarCry Sites and services are not directed to children under the age of 13. WarCry Sites and Services will not knowingly collect personally identifiable information from anyone under 13.

Note to Parents. If you have any concerns about WarCry Sites or Services, please contact us at feedback@warcry.com.

3. About Our Services

1. WarCry Sites and Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, online forums, personalized content and branded programming through WarCry Sites and Services. Some Services offered on WarCry are presently provided free of charge. It is possible that this could change in the future.
2. Service Limitations. We will do our best to make your experience with the WarCry Sites and Services a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that WarCry Sites and Services, including the services of our third-party service providers, are provided "AS IS." WarCry Sites and Services and our third-party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.
3. Service Changes and Discontinuation. WarCry reserves the right to change or discontinue, temporarily or permanently, the Sites and Services at any time without notice. You agree that WarCry will not be liable to you or any third party for any modification or discontinuance of these Sites and Services.
4. Privacy Policy. WarCry respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to this Agreement, you are also accepting the terms of our Privacy Policy.

4. User Guidelines

For the benefit of the entire WarCry community, and to comply with applicable laws, we have a few mandatory user guidelines. We hope you will find them reasonable. Please understand, though, that any conduct that is judged by WarCry, in its sole and unfettered discretion, to violate the User Guidelines is grounds for immediate termination of your account. For this reason, we ask that you carefully read and follow them.

1. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in WarCry Sites and Services registration forms (we call this information "Registration Data"). Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.
2. Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify WarCry immediately of any unauthorized use of your password or account or any other breach of security. You must promptly change your password and notify WarCry of the problem by giving notice via e-mail to support@warcry.com.
3. Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.
4. Use E-mail and Voice-Mail Responsibly. Some WarCry Sites and Services may provide members with access to free email accounts. In return for this free access, you agree not to use the service to broadcast "junk mail," "spam," "chain letters," or unsolicited mass distribution of files or images. In order to ensure that these communication services are not abused, WarCry may establish general practices and limits concerning their use. These may include but are not necessarily limited to a maximum number of days that messages will be retained by the service, a maximum number of messages that may be sent from or received by an account on the service, a maximum size or length of any message that may be sent from or received by an account on the service, a maximum amount of disk space that will be allotted for your stored messages, and a maximum time period and number of times you may have access to the service in a given time frame. If you receive email that you find harassing, please forward the email to us. Be sure to include a description of the situation surrounding receipt of the email in question.
5. Content Restrictions. WarCry Sites and Services attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of WarCry Sites and Services are protected by international copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on WarCry Sites and Services is strictly prohibited without the prior written permission of WarCry. Content that is publicly available on WarCry Sites and Service may not be stored in a computer, except for personal and non-commercial use.
6. Limits on Uses of User Information. By using any WarCry Site or Service, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user's (whether specific to any particular user or as an aggregation) information accessible through any web sites owned by WarCry, including but not limited to any Commercial Purpose. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences; using the data for targeted marketing campaigns; or using the data to offer services to WarCry users. WarCry reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any WarCry account not owned by you, to its source, or exploit the Sites or Services 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 Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person's use of the Sites or Services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to WarCry on or through the Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
7. Consolidated Sites. WarCry users should exercise caution when using consolidation sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation site operators access to your WarCry accounts or membership information so that the information can be used to design customized search engines, web pages or advertising for you. All transactions initiated through a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. WarCry is therefore not responsible if the security, accuracy or quality of your information if it is compromised by a consolidation site you have authorized to access your data.

5. Rights You Grant to the WarCry Sites

1. Distributing Content You Produce. Subject to WarCry Privacy Policy, you are licensing to the WarCry Sites and Services any "content" you provide through or to WarCry Sites and Services. User submitted content includes but is not limited to: letters or emails; cheat codes; board posts; reader reviews; game ratings, data, notes and testimonials; and poll votes. WarCry Sites and Services may modify, display, distribute and create new material using such content on WarCry Sites and Services for the promotion and marketing of our services and the operation of our system. By submitting content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, WarCry Sites and Services and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself. When you submit a game FAQ, text guide, walkthrough or image, it is considered your original and copyrighted work and you are licensing the content to WarCry for publication. We may modify the format and display of the work, but not the content. It may be distributed across WarCry Sites and Services for promotion and marketing of our services and operation of our system. Notwithstanding this license, WarCry will take reasonable precautions to help you to keep your email and voicemail messages private.
2. WarCry Advertising. The WarCry Sites and Services rely on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that the WarCry Sites and Services may display advertisements and promotions of all kinds in and with the services.
3. Account Access. In order to ensure that the WarCry Sites and Services are able to provide high-quality services that are responsive to our members' needs, you agree that WarCry employees have access to your account and records as reasonably needed to investigate complaints.
4. Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by WarCry, WarCry may transfer your Personally Identifiable Information and transition your existing accounts to a similar subscription product to a third party as a part of such merger, acquisition, reorganization, or sale.

6. Other Legal Stuff

1. Disclaimer of Warranties. You expressly understand and agree that:
   • Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. WarCry and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
   • WarCry makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected.
   • Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from WarCry Sites and Services, our third party service providers, or through or from the Service will create any warranty not expressly stated in the Agreement.
   • Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
   • To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.
2. No Endorsement of User Content. You acknowledge and agree that WarCry Sites and Services do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that WarCry Sites and Services do not pre-screen any user posted content, but that WarCry and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Sites and Service. User is defined as any person who visits WarCry Sites and receives information or uses WarCry Services.
3. Limitation of Liability. You agree that WarCry will not be liable to you for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the WarCry Sites have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service. If, notwithstanding the other provisions of this Agreement, WarCry is found to be liable to you for any damage or loss which arises out of our is any way connected to your use of the Sites or Services, WarCry liability shall in no event exceed the greater of (i) the total of any subscription or similar fees with respect to any Service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against WarCry, or (ii) US$100.00.
4. Indemnification. You agree to protect and fully compensate WarCry Sites and Services and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Site or Services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
5. Copyright Infringement. WarCry respects the intellectual property of others, and we ask our users to do the same. WarCry may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.

   If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WarCry's Copyright Agent the following information:

   1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
   2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
   3. a description of where the material that you claim is infringing is located on the site;
   4. your address, telephone number, and email address;
   5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
   6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

   WarCry's Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

   • By Mail:
     Chris Martin, esq.
     1177 Summer Street
     Stamford, CT 06905
   • By Phone: 203-973-5220
   • By Facsimile: 203-324-8649
   • By Email: designated_agent@warcry.com

6. Additional Terms.

   The WarCry Sites and Services provide information of a general nature and are designed for informational and entertainment purposes only and are not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. The WarCry Sites and Services do not endorse any of the treatments, medications, or products discussed herein.

   WarCry rights under this Agreement may not be waived unless WarCry agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with WarCry prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.

   All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of New York, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and WarCry Sites and Services.