TERMS OF USE AGREEMENT Last Updated 2009 Dec 19 YOU SHOULD CAREFULLY READ THE FOLLOWING EVONY TERMS OF USE AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE ANY SERVICE EVONY PROVIDE. YOU WILL NOT BE ELIGIBLE FOR A REFUND. Welcome to "In Nomine Credimus" (the "Game" or "INC"). The Game includes two components: (a) the web page and graphics along with any accompanying materials or documentation (collectively, the "Game Client"), and (b) In Nomine Credimus online service (the "Service"). Your use of the Service is subject to the Terms of Use and the End User License Agreement (the “EULA”), incorporated herein by this reference, both of which you must accept before you can use the Game Client or the Service. 1. Grant of a Limited License to Use the Service Subject to your agreement to and continuing compliance with the Terms of Use agreement, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified website accessible through the innominecredimus.com portal. You may not use the Service for any other purpose, or in connection with any other software. 2. Additional License Limitations. The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Service or the website in violation of the License Limitations will be regarded as an infringement of Alakhaine Specialist Consulting Ltd’s copyrights in and to the Game. You agree that you will not, under any circumstances: i. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, databases or scripts designed to modify the INC experience; ii. exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation (a) for gathering in-game currency, items or resources for sale outside INC; or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling; iii. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas used by INC to store information about a character or the game environment; provided, however, that Alakhaine Specialist Consulting Ltd may, at its sole and absolute discretion, allow the use of certain third party user interfaces; iv. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Alakhaine Specialist Consulting Ltd; v. host, provide or develop matchmaking services for INC or the Service, or intercept, emulate or redirect the communication protocols used by Alakhaine Specialist Consulting Ltd in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks; vi. facilitate, create or maintain any unauthorized connection to INC or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Alakhaine Specialist Consulting Ltd; or vii. disrupt or assist in the disruption of (a) any computer used to support the Service (each a "Server"); or (b) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME WEBSITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Game Client or the Service. viii. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble INC, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 3. Eligibility. You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for up to three (3) minor children for whom you are a parent or guardian and whom you have authorized to use the account you create on the Service. 4. Ownership. i. All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, NPC characters, NPC character names, stories, dialogue, catch phrases, locations, concepts, artwork, methods of operation, moral rights, any related documentation, "applets" incorporated into the Webpaget, recordings of games played using the Website, and the Website and server software) are owned by Alakhaine Specialist Consulting Ltd or its licensors. The Game and the Service are protected by European and international laws, and may contain certain licensed materials in which Alakhaine Specialist Consulting Ltd’s licensors may enforce their rights in the event of any violation of this Agreement. ii. Alakhaine Specialist Consulting Ltd do not own as is not responsible for any materials placed in game by users. Such materials are, but are not limited to: login names, family names, character descriptions, hideout descriptions, in-game communications and forum messages. 5. Establishing an Account. Prior to (or in lieu of) creating a user account on the Service (an "INC Account"), or using an existing INC Account, you may be required to establish a separate account (an "INC Forum Account") on INC’s forums. When creating these accounts, you may be required to provide Alakhaine Specialist Consulting Ltd with certain personal information. You agree that you will supply accurate information to Alakhaine Specialist Consulting Ltd when requested, and that you will update that information promptly after it changes. 6. Username and Password. During the registration process, you may be required to select a unique username and a password (collectively referred to hereunder as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. 7. No Ownership Rights in Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Alakhaine Specialist Consulting Ltd. 8. Account Suspension/Deletion. Alakhaine Specialist Consulting Ltd MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA. 9. Code of Conduct. As with all things, your use of the Game and the Service is governed by certain rules. These rules (the "Code of Conduct"), maintained and enforced exclusively by Alakhaine Specialist Consulting Ltd, must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Alakhaine Specialist Consulting Ltd reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Alakhaine Specialist Consulting Ltd reserves the right to modify this Code of Conduct at any time. i. Rules Related to Login Names, Family Names and Forum Names. Each user will select a Login, which is his/her character's name. Additionally, users may form "families" and such families will be required to choose a name for the family. When you choose a Login name, create a family, or otherwise create a label that can be seen by other players using the Game or the Service, you are only person responsible for the label. INC is a product directed to adults and as such there are no limitations to language, which may be consideredoffensive or improper. Reactions by other players or third parties not taking part in the gabe, but having access to the label are to be sole responsibility of the player. There are exceptions from above rule. In particular, you may not use any name: a. Belonging to another person with the intent to impersonate that person, including without limitation a "Liaison" or any other employee or agent of Alakhaine Specialist Consulting Ltd; b. Subject to the rights of any other person or entity without written authorization from that person or entity; c. That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou") 2. Rules Related to "Chat" and Interaction With Other Users. Communicating in-game or through the INC Forums with other Users and Alakhaine Specialist Consulting Ltd representatives, whether by text, voice or any other method, is an integral part of the Game and the Service and is referred to here as "Chat." When engaging in Chat, you may not: a. Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat; b. Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the INC game; c. Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services; d. Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user; e. Participate in any action that, in the sole and absolute opinion of Alakhaine Specialist Consulting Ltd, results or may result in an authorized user of the Game being "scammed" or defrauded out of gold, items, resources, or any other items that user has earned through authorized game play in the Game; f. Impersonate any real person, including without limitation any "Liaison" or any other Alakhaine Specialist Consulting Ltd agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Alakhaine Specialist Consulting Ltd agent or employee. 3. Rules Related to Game Play. Alakhaine Specialist Consulting Ltd strictly enforces the rules that govern game play. Alakhaine Specialist Consulting Ltd considers most conduct to be part of the Game, and not harassment, so player-killing the enemies of your family is considered a part of the Game. Because the Game is a "player vs. player" game, you should always remember to protect yourself in areas where others can attack you, rather than contacting Alakhaine Specialist Consulting Ltd’s in-game customer service representatives for help when you have been killed by another player. Nonetheless, certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following: a. Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players; b. Conduct prohibited by the EULA or elsewhere in these Terms of Use; and c. Anything that Alakhaine Specialist Consulting Ltd considers contrary to the "essence" of the Game. 10. Security of Login Information. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Alakhaine Specialist Consulting Ltd by emailing alakhaine@innominecredimus.com. 11. Ownership/Selling of the Account or Virtual Items. Alakhaine Specialist Consulting Ltd does not recognize the transfer of INC. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Alakhaine Specialist Consulting Ltd owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service. Alakhaine Specialist Consulting Ltd does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of the Game. 12. Changes to the Terms of Use Agreement or the Game. Alakhaine Specialist Consulting Ltd reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes (as determined in Alakhaine Specialist Consulting Ltd’s sole and absolute discretion) will be disclosed as follows: Alakhaine Specialist Consulting Ltd will provide you with notification of any such changes through a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game and the Account. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Alakhaine Specialist Consulting Ltd may change, modify, suspend, or discontinue any aspect of the Game at any time. Alakhaine Specialist Consulting Ltd may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. 13. Termination. This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and not accessing the Game Client. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on behalf of the Account prior to any termination of this Agreement. Alakhaine Specialist Consulting Ltd may terminate this Agreement with or without notice by terminating the Account as set forth in Section 8. The provisions of Sections 4, 7, 11 and 14-20 shall survive any termination of this Agreement. 14. Warranty Disclaimer. THE GAME AND THE SERVICE ARE PROVIDED "AS IS" AND Alakhaine Specialist Consulting Ltd DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Alakhaine Specialist Consulting Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. 15. Limitation of Liability. NEITHER Alakhaine Specialist Consulting Ltd NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL Alakhaine Specialist Consulting Ltd BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. 16. Force Majeure. Alakhaine Specialist Consulting Ltd shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Alakhaine Specialist Consulting Ltd, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Alakhaine Specialist Consulting Ltd's 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. 17. Acknowledgments. You hereby acknowledge and agree that: i. WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH INC. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 9. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, Alakhaine Specialist Consulting Ltd MAY (a) COMMUNICATE INFORMATION BACK TO Alakhaine Specialist Consulting Ltd, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT OR THE EULA, WITH OR WITHOUT PRIOR NOTICE TO THE USER. ii. WHEN THE GAME IS RUNNING, Alakhaine Specialist Consulting Ltd MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA. iii. Alakhaine Specialist Consulting Ltd may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Alakhaine Specialist Consulting Ltd believes that doing so may protect your safety or the safety of others. iv. Alakhaine Specialist Consulting Ltd MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Alakhaine Specialist Consulting Ltd is under no obligation to monitor Chat, and you engage in Chat at your own risk. v. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers. 18. Equitable Remedies. In the event that you breach this Agreement, you hereby agree that Alakhaine Specialist Consulting Ltd would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Alakhaine Specialist Consulting Ltd shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Alakhaine Specialist Consulting Ltd may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 19, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. 19. Dispute Resolution and Governing Law. i. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Alakhaine Specialist Consulting Ltd agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Alakhaine Specialist Consulting Ltd will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Alakhaine Specialist Consulting Ltd, alakhaine@innominecredimus.com ATTN: Legal Department. ii. Binding Arbitration. If you and Alakhaine Specialist Consulting Ltd are unable to resolve a Dispute through informal negotiations, either you or Alakhaine Specialist Consulting Ltd may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted iii. Restrictions. You and Alakhaine Specialist Consulting Ltd agree that any arbitration shall be limited to the Dispute between Alakhaine Specialist Consulting Ltd and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. iv. Exceptions to Informal Negotiations and Arbitration. You and Alakhaine Specialist Consulting Ltd agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Alakhaine Specialist Consulting Ltd’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. v. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the European Union and the law of the United Kingdom, without regard to choice of law principles. Those who choose to access the Service from locations outside of the European Union do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable. vi. Severability. You and Alakhaine Specialist Consulting Ltd agree that if any portion Section 19 is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect. 20. Miscellaneous. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Alakhaine Specialist Consulting Ltd concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Alakhaine Specialist Consulting Ltd; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect. 21. Refund Policy Orders are processed and dispensed instantly and automatically when payment is submitted. Users agree that once payment is successfully submitted, no refund will be granted and user will receive the purchased digital item.