Terms of Service

Welcome to the Regal Computer Services web site, located at http://www.regalcomputerservices.com.
Please review the following terms that will govern your use of our Site and services ("Terms").

1. Our Services. Regal Computer Services is an Internet-based website design and computer game business. We also provide forums, chat rooms and other game-related services.

2. Access. You must have access to the World Wide Web in order to use our Site, Services and Game. It is your responsibility to select, obtain and pay for any equipment (e.g., computer or modem) and services (e.g., phone line or DSL) necessary for such access.

3. License. Subject to all of the Terms, Regal Computer Services hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use our Games and Services solely for your personal entertainment purposes.

4. Restrictions. You agree not to do any of the following prohibited actions:

reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the Game or Services or any portion thereof, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;

permit any other person to access the Game from your account, or create or provide any other means through which your account may be played by anyone besides you;

upload, post, email or otherwise transmit through the Site, Services or Game any material that (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another�s privacy, hateful, or racially, religously, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other party�s proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are expressly designated for such purpose (e.g., player advertisement rooms); or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

harm minors in any way;

impersonate another user or administrator or other representative, or otherwise misrepresent your affiliation with such persons;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through the Site, Services or Game;

disrupt the normal flow of dialogue, use an external macro program (which can harm server performance, or otherwise act in a manner that negatively affects other members� ability to engage in real time exchanges;

interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

"stalk" or otherwise harass another; or

collect or store personal data about another member without the express permission of such member.

reveal information, to anyone without access to such information, without the express permission of a member, that (i) personally identifies such member; (ii) reveals the administrative role of such member within a game; or (iii) reveals the names of game characters identified with such member.

lie, misrepresent yourself to, or otherwise intentionally deceive any administrator.

5. Content.

Third Party Content. You acknowledge and agree that the Site, Services and Game contain materials owned by Regal Computer Services and its licensors (including other members), and you agree not to interfere the copyrights, trademarks and other proprietary rights of such parties. You agree that these rights are valid and protected in all media existing now or later developed, and that except as is explicitly provided otherwise, your use of such materials shall be governed by the copyright laws of the United States and other applicable laws.

Content Monitoring. As a matter of policy, Regal Computer Services does not pre-screen or monitor the content that you or other members may post to the Site, Services or Game. Regal Computer Services does reserve the right to monitor all such content, and reserves the right to remove without notice any and all content that Regal Computer Services, in its sole discretion, finds offensive or otherwise objectionable. You are solely responsible, and bear the risk, for evaluating the accuracy, integrity, quality, completeness or utility of any content. Regal Computer Services makes no representations or warranties about the content appearing on the Site, Services or Game. Under no circumstances will Regal Computer Services be liable in any way for any content, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Site, Services or Game.

Content Transmission. You understand that the technical processing and transmission of the Services, including your Participatory Content and Public Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Links. The Site, Services and Game may provide links to other sites for your convenience only. Regal Computer Services does not control, is not responsible for, does not necessarily endorse and makes no representation about the materials contained at any linked site. If you choose to visit any linked Sites, Regal Computer Services recommends that you review the other site�s terms of use. Regal Computer Services is not responsible for webcasting or any other form of transmission received from any linked site.

6. Privacy. You understand that you have no expectation of privacy with respect to your use of the Site, Services or Game, and that all communications made by or received from you may be monitored, preserved and disclosed by Regal Computer Services representatives. You hereby consent to the extraction of hardware system profile data and any data related to operation of the software from any computer that logs on to the Site, Services or Game using your account. You acknowledge and agree that Regal Computer Services will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. Regal Computer Services will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity. Specifically, Regal Computer Services may disclose information about you or your Public Content if Regal Computer Services has the good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Public Content violates the rights of a third party; or (d) protect the rights, property or safety of Regal Computer Services, its members or the public.

7. Charges for Service. Regal Computer Services provides certain products and services for purchase. If your use of the Site, Services or Game is subject to any use, sales or other taxes, or if Regal Computer Services offers any additional services for a fee as noted on the Site and you choose to partake in such additional fee-services, then Regal Computer Services also bill you for any such charges. Regal Computer Services reserves the right to change its fees and billing methods at any time effective thirty (30) days after notice of the changes are posted on the Site. You are responsible for regularly reviewing these Terms to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your account and this agreement as provided in Section 14 ("Termination"). Your continued use of the Game or Services seven (7) days after the changes are posted on the Site will constitute your acceptance of such change. If you pay for the Game and/or Services by credit card, you represent and warrant that you are the authorized user of such credit card.

Refunds Regal Computer Services offers a 14 day money back refund policy. If you are unhappy with the service or product purchased you are within your right to ask for and receive a full refund of any payment paid to Regal Computer Services within 14 days of the date your first contact Regal Computer Services to notify us of your refund request.

8. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. Ownership. Regal Computer Services and its licensors shall at all times retain all right, title and interest in and to the Site, Services and Game, except to the extent of the licenses granted to you hereunder.

10. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGAL COMPUTER SERVICE, ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. REGAL COMPUTER SERVICES PROVIDES THE SITE, SERVICES AND GAME (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY REGAL COMPUTER SERVICES IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE SITE, SERVICES OR GAME WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, REGAL COMPUTER SERVICES' AND ITS AFFILIATES�, LICENSORS� AND SUBCONTRACTORS� TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE, SERVICES OR GAME SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO REGAL COMPUTER SERVICES UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.

12. Consequential Damages. IN NO EVENT WILL REGAL COMPUTER SERVICES, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT REGAL COMPUTER SERVICES, ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGAL COMPUTER SERVICES�, ITS AFFILIATES�, LICENSORS� AND SUBCONTRACTORS� LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

13. Indemnification. You agree to defend, indemnify and hold harmless Regal Computer Services, its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys� fees, arising from or related to your breach of this Agreement or portion hereof, your Public Content or any act or omission by you relating the Site, Services or Game. Regal Computer Services reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.

14. Termination. Either you or Regal Computer Services may terminate your account and this agreement upon notice at any time without further obligation to the other. Further, Regal Computer Services reserves the right to terminate the Site, Services and/or Game, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE SITE, SERVICES AND GAME WILL TERMINATE. A member whose account Regal Computer Services has terminated may not access the Site, Services or Game in any manner or for any reason without Regal Computer Services� express, prior, written permission. Termination of this agreement shall have no effect on any payment obligation accrued prior to the effective date of termination.

15. Amendment. Regal Computer Services may amend the Terms in its sole discretion at any time by posting revised Terms on the Site, and you agree to regularly review the Terms. If any such revision is unacceptable to you, you may terminate your account and this agreement as provided in Section 14 ("Termination"). Your continued access and use of the Site, Services and/or Game seven (7) days after posting of the revised Terms shall constitute your acceptance of the same. Except as expressly set forth herein, the Terms may not otherwise be modified or amended.

16. Reservation of Rights. Regal Computer Services hereby reserves any rights not expressly granted herein.

17. General Provisions. You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Regal Computer Services' failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Regal Computer Services of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of Regal Computer Services shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond Regal Computer Services' reasonable control. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys� fees), including such fees and costs incurred in enforcing and collecting any judgement. This agreement represents the entire agreement between you and Regal Computer Services with respect to the subject matter referenced herein.