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FURY TERMS OF USE

IMPORTANT -- READ CAREFULLY: These terms of use ("Terms of Use") constitute a legally binding agreement between you, an individual user, and Auran Games Pty Ltd, an Australian corporation ABN 73 081 393 311 ("Auran") covering your use of Auran’s online service relating to Auran’s proprietary software product known as "Fury", and any other related services for which you choose to sign up (for example, Fury subscriptions) or content which you purchase (for example, in-game gold or weapons). We refer to all of these as the “Service.” We will refer to ourselves in these Terms of Use as "Auran", "we", “us” or "our".
Your use of the Service is conditioned on your acceptance of the terms set forth in these Terms of Use. By selecting "ACCEPT", you are attaching your electronic signature to and acknowledging and agreeing (a) that you have read, understood and agree to these Terms of Use, and (b) that you have the power, authority and legal right to enter into these Terms of Use.

Last Updated: 22 September 2007

1. License to Use Service

We hereby grant you, subject to your purchase of a valid license to use the Fury software and creation of an account with us, for your personal use only, a non-exclusive, non-transferable, non-sublicensable and revocable license to use the Service. This license is subject to the conditions, restrictions and limitations set forth in this clause 1 and elsewhere in these Terms of Use. You may not provide or otherwise make available the Service to any other person for their use. You are responsible for the supervision, management and control of the use of the Service in accordance with these Terms of Use.

We and our suppliers own and retain all right, title and interest in and to the Service (including all software and content contained therein and otherwise relating thereto), and you acquire only a limited, revocable license to use the Service as expressly set forth in these Terms of Use. You do not acquire any ownership rights through your use of the Service. We reserve all rights not expressly granted in these Terms of Use. This means, without limitation, that we own all characters, virtual property, virtual items, music, sounds, names, environments and artwork relating to Fury and the Service.
If you purchase any in-game virtual items from us (including, without limitation, any in-game gold, essence or weapons), you do not acquire any ownership interest in and to such items; rather, you only acquire a limited, revocable license to use any such items, so long as such items are made available in connection with the Service, in connection with your use of the Service as expressly permitted by these Terms of Use. You may not transfer any such in-game virtual items, except as expressly permitted by Section 21 of these Terms of Use.

2. Your Account

In order to use the Service, you must purchase a valid license to use the Fury software and create an account with us. You may only create 1 account for each authentication key received from us when you purchase a valid Fury software license.

When you create an account, you agree to (a) provide accurate, current and complete information for the indicated mandatory fields (including a valid email address) and (b) maintain and update your information to keep it accurate, current and complete. If you supply any inaccurate, false or incomplete information (or fail to keep such information current), we have the right to suspend or terminate your account and access to the Service.

As part of the account creation process, you must select a unique username and password that complies with the requirements set forth on the Fury registration page. Your username may not violate any person’s intellectual property or proprietary rights, be vulgar or obscene, use someone else’s name, cause confusion, or otherwise in our discretion be in bad taste or inappropriate, in each case as determined by us in our sole discretion.

YOU ARE FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD.

YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES (INCLUDING ANY PURCHASES OR SUBSCRIPTIONS) THAT ARE CONDUCTED THROUGH OR UNDER YOUR ACCOUNT.

You must not under any circumstances share your username or password with any other person, and you must not transfer, sell, rent, lend or otherwise dispose of your username or password (or attempt to do any of the foregoing).You must inform us immediately if you suspect or become aware of a breach of security relating to your account and you must change your password.We own all right, title and interest in and to all accounts (and all data stored on our servers related thereto) and all characters created through or using any account (and all features and characteristics of all such characters) which are stored on our servers, and all intellectual property rights relating any of the foregoing.

3. Technical Requirements; Changes to Service

In order to use the Service, your personal computer must meet at least the minimum system specifications as detailed on the website. We reserve the right to modify the system specifications which are necessary to use the Service at any time. This may mean additional cost to you.

You also must have an internet connection with a speed greater than 128kbps in order to use the Service. You are fully responsible for all costs associated with accessing the Service, including without limitation all fees charged by your internet service provider.

We reserve the right to modify, change, suspend, limit or discontinue any aspect, feature or functionality of or relating to the Service at any time, without notice. Without limiting the foregoing, we have the right to interrupt the Service from time to time, as and when we deem appropriate, to perform maintenance relating to the Service. We may also discontinue the Service entirely by giving you 6 weeks’ prior notice.

We reserve the right to modify, eliminate, add to, regulate and otherwise control in-game virtual items (such as, in-game gold, essence or weapons) as we in our sole discretion determine (including, without limitation, by changing the price of any virtual item or by increasing, limiting or otherwise regulating the amount of in-game gold). We are not responsible for the loss of any such in-game items to due any problem connected to the Service or any discontinuation of the Service. Virtual items have no real-world value (and exist only on our servers), and are not redeemable for cash or other items at any time.

If the Service is discontinued in accordance with this Section 3 of these Terms of Use, you will not be able to use or access such virtual items (and in accordance with Section 1 of these Terms of Use, you have no ownership rights in or to such virtual items) – SUCH VIRTUAL ITEMS WILL BE PERMANENTLY LOST.

4. Eligibility; You May Not Play if You are 13 or Younger

By clicking “ACCEPT” (during installation OR during Account sign-up on http://www.unleashthefury.com/account) you confirm that you are at least 18 years of age, or if you are at least 14 years of age but under 18 years of age, that your legal parent or guardian has accepted on your behalf and his or her behalf of these Terms of Use (and that your legal parent or guardian will provide their details and written confirmation of acceptance where requested). Parents and guardians are responsible for all activities of their minor child. You may not use the Service if you are 13 years of age or younger.

5. Billings; Subscriptions

This section of the Terms of Use applies to you if you purchase Fury from us online, of if you purchase from us additional services or items (including, for example, in-game gold, essence or monthly subscriptions).

For clarity, access to the basic Service is currently without charge if you have purchased a valid license to use the Fury software, but you may purchase from us additional services or items (including, for example, in-game gold, essence or monthly subscriptions).

a. Purchases. If you make a purchase through the Service (including any monthly subscription), our third party service provider will ask you to provide certain payment information relating to your purchase, such as your credit card details and other information (“Billing Details”). We do not receive your Billing Details; rather, your Billing Details are collected and maintained by our third party service providers. We require our third party service providers to maintain your Billing Details in accordance with Section 2.1(b) of our Privacy Policy. You agree that all Billing Details you provide will be current, accurate and complete, and that you have the right to use (and authorise us to charge or debit, as applicable) the specific method of payment and account provided to our third party service provider (for example, the particular credit card and account you have designated). We have the right to require verification of Billing Details prior to acceptance of any order for items or services for which payment is required.

All purchases are made in advance, and, except as and then only to the extent not permitted by applicable law, are non-refundable. The UN Convention on Contracts for the Sale of International Goods is expressly disclaimed from all purchases made by you.

b. Subscription Fees. If you purchase a monthly subscription to the Service, your subscription will automatically renew from month to month, and the same payment method and instrument you initially used to pay for the subscription will be charged each month.

When you initially sign up for a monthly subscription to the Service, we will charge you a pro-rated amount for the remaining part of the current month and the full monthly subscription fee for the subsequent month. Thereafter, we will charge you at the beginning of each month for access to the subscription services for such month.

You may cancel your subscription at any time by contacting us at: http://support.unleashthefury.com. Any such cancellation will be effective immediately from the start of the subsequent month; any cancellations which occur during any month will not take effect until the end of such month.

Your subscription will be cancelled or suspended if your Billing Details are no longer current or your chosen payment method has expired, and you have not provided us with a valid alternative payment method, or if there has been a reverse charge.

c. Taxes. Except as otherwise stated, all purchases made are exclusive of any taxes, duties or charges (including telecommunications charges, if any), and you are responsible for all such taxes, duties and charges to the fullest extent permitted. We are not responsible for currency exchange rates and settlements; this is based on your agreement with your credit card provider.

d. Price Changes. We reserve the right to change the prices to the Service, the monthly subscription service or any other service or item (including any in-game gold, essence, weapons or other features). All such price changes will take effect from the date on which we say, but will not affect any purchases made prior to the effective date of such change (including, with respect to monthly subscriptions, where we have already charged you for the month in which the change is to take effect).

e. Refunds. If you attempt to obtain a refund or make a charge back, we have the right to suspend your account and your access to the Service until the matter is settled with us.

f. Statements. Each time you make a purchase, we will send you an e-mail receipt. When you purchase a monthly subscription, however, we will only send you an e-mail receipt for the first billing period. It is your responsibility to keep such email receipts.

g. Additional Terms. Additional fee and billing procedures are set forth in check-out section of the Web site relating to the Service, and such procedures are incorporated by reference to these Terms of Use.

6. Code of Conduct

In using the Service and playing Fury, you must:

abide by all applicable laws, rules and regulations;
not interfere with the reasonable enjoyment of the Service by other users;
not stalk, harass, humiliate, denigrate or threaten any other user, or attempt to do any of the foregoing;
not transmit, publish, post or communicate any material, content, information or message that is hateful, discriminatory, threatening, abusive, unlawful, harassing, vulgar, sexually explicit, obscene, defamatory, profane, libellous or otherwise inappropriate;
not use the Service for any commercial purpose, or to send, communicate or otherwise disseminate “spam,” “junk mail, “chain letters” or “pyramid scheme” proposals.
not interfere with or cause disruption to the Service (or any hardware, software or infrastructure used in connection with the Service) or to any other user’s system or use of the Service, or attempt to do any of the foregoing;
comply with all other policies that we may post in relation to the Service;
not imply or state that any messages that you post or statements you make are endorsed by us;
not (1) impersonate another person (including any Auran employee) or entity, (2) attempt to access any other user’s account, (3) harvest or collect, use, disseminate or communicate information about other users of the Service (including their usage of the Service), or (4) make untrue accusations about any other user or otherwise lie to or mislead us;
not behave in a way which is inconsistent with good sportsmanship generally (including, without limitation, by exploiting (1) any feature, function, weapon, tool or ability in a manner which we determine in our sole discretion to be unfair to other users or otherwise inappropriate, (2) any fault or error of the Service or Fury to the disadvantage of other users or (3) any unauthorised macro or cheat);
not upload, use, publish, communicate, post, transmit or otherwise disseminate any virus, bug, time bomb, bot, Trojan horse or other harmful or invasive code; or
not take any action or transmit any material or content which may violate our rights or the rights of another person or entity, including but not limited to, our intellectual property rights or the intellectual property rights of that person or entity.

All of the foregoing constitute the “Code of Conduct.”

We (and not you) are responsible for maintaining and enforcing the Code of Conduct. We may modify the Code of Conduct at any time, in accordance with these Terms of Use. We have the right, without having to provide any prior notice to you, to take whatever action we deem necessary and appropriate to stop or prevent any behaviour which we believe to be contrary to the Code of Conduct, including, without limitation, suspending or terminating your account and access to the Service.

7. Other Applicable Terms

In addition to these Terms of Use, your rights and obligations concerning Fury and the Service are governed by the Fury End User License Agreement (“EULA”) and the Privacy Policy (http://www.unleashthefury.com/index.php/fury/legalarticle/privacy_policy/). Please review each of these carefully, as you must agree to be bound by each of them before you may access the Service.

The different Fury games may also have policies and codes of conduct which apply to them, and you must comply with any such game-specific policies or codes of conduct.

Certain events, features or products available via the Service (including contests) may have additional terms that apply to those events, features or products. By participating in or using any such events, features or products you will become subject to those terms. If any terms in these Terms of Use conflict with any terms applicable to any such event, feature or product, then the terms in these Terms of Use will supercede those of such event, feature or product to the extent of such conflict.

8. Postings

We host through the Service message boards, chats and forums, and provide certain paying subscribers with the ability to communicate by means of voice over internet protocol (VoIP) functionality (collectively, “Forums”). Persons participating in such Forums may post, transmit or communicate material or information that is false or misleading (intentionally so or not). We are not responsible for any such material or information, or for any statement, message, material, information or opinion made, transmitted or displayed in any Forum by any user.

We have the right, but no obligation, to monitor any Forum and the materials, messages and information that you or any other user may post, transmit or communicate in or through any Forum or the Service. Further, we have the right to (a) remove any such materials, messages or information, and (b) use and disclose any such materials, messages or information for any purpose, including, in each case, to comply with legal requirements and government requests and to protect ourselves (and the Service), our suppliers, our partners and the other users.

9. Suggestions

From time to time, you may send to us or post on a Forum suggestions, materials, information, ideas or concepts relating to the Service, Fury or any other matter (“Ideas”). You hereby grant to us a worldwide, non-exclusive, transferable, sublicensable, royalty-free, fully paid up and perpetual right and license under all of your rights to make, have made, use, sell, offer for sale, import, export, copy, reproduce, communicate, transmit, distribute, produce, create derivative works of, adapt, display (publicly or otherwise), perform and otherwise exploit and commercialise without any limitation or restriction any such Ideas. Without limiting the foregoing, no Idea will be subject to any confidentiality obligation on our part. You also agree, to the fullest extent permissible under applicable law, to waive (and you covenant not to enforce) any moral rights or similar rights relating to attribution (or non-attribution) and integrity you may have with respect to any such Ideas.

10. Restrictions

You must not use the Service to harm, or behave in manner while using the Service which has the effect of harming, us or any of our affiliates, service providers, customers, suppliers or licensors.

Without limiting the foregoing, you must not (and you must not attempt to):

(a) (i) use the Service for any commercial purpose, (ii) rent, lend, sublicense or lease the Service, provide commercial or other hosting of the Service, or otherwise use the Service for the benefit of any third party or (iii) log onto the Service as an administrator;
(b) obtain (or attempt to obtain) any information or data from the Service or from the network used in connection with the Service, except and then only to the extent that we purposely intend to provide you with such information or data;
(c) use the Service to obtain data for purposes of creating, modifying, enhancing or otherwise developing any software or tool that can be used (by you or others) to gain unauthorised access to or permit unauthorised use of the Service, or for purposes of gaining an unfair advantage in playing Fury or using the Service; or
(d) use or distribute, or direct any person to or inform any person of, any unauthorised macros, cheats or scripts, or exploit any bug or take any other action intended to gain unfair advantage in playing Fury or using the Service;

(e) copy, reproduce, communicate, distribute or otherwise make available the Service or Fury (or any portion of the Service or Fury), except as expressly authorised in these Terms of Use;
(f) translate, adapt, enhance, create derivative works of or otherwise modify the Service (or any portion of the Service or Fury);
(g) reverse engineer, decompile or disassemble the Service or Fury, or extract ideas, trade secrets, algorithms, procedures or other information from the Service or Fury (or any portion of the Service or Fury);
(h) access the Service other than through the client software provided when you purchased a valid license to use the Fury software;
(i) fool, trick, break, crack, disable or hack the Service or the purchase of a valid license to use the Fury software authorization code system used by the Service or Fury to authenticate your purchase of the Fury software, any in-game item, or any game-related subscription or product; or
(j) reproduce, remove or use in any manner our proprietary trademarks, trade names, logos and other distinctive branding features.

The above restrictions on adaptation and reverse engineering do not apply only to the extent adaptation or reverse engineering is expressly permitted by provisions of applicable national legislation, which provisions do not permit the prohibition of such activities by contract.

11. Changes to Terms of Use

We reserve the right to update and change these Terms of Use at any time. Please check these Terms of Use each time you access the Service to ensure you are aware of any updates or changes. You can determine if these Terms of Use have been revised since your last visit by referring to the "Last Updated" date at the top of this page. All changes to these Terms of Use will be effective when posted, and your continued playing of Fury and using the Service after the posting will constitute your acceptance of, and agreement to be bound by, those updates or changes.

12. Contact Us

If you have any questions regarding these Terms of Use, or if you otherwise need to contact us, please e-mail to us at: www.auran.com/helpdesk.

You may also contact us via mail at:
Auran Games Pty Limited
PO Box 1026
NEW FARM QLD 4005
AUSTRALIA
Attn: FURY TERMS OF USE

13. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia and by using the Service you agree that any dispute or controversy between us relating to the Service or these Terms of Use will be subject to the jurisdiction of the courts of Queensland, Australia and their courts of appeal.

14. Warranty Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND FURY, AND ALL ITEMS, SERVICES AND FEATURES RELATING TO THE SERVICE OR PURCHASED THROUGH THE SERVICE, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF PERFORMANCE, CONDITION, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, LOSS OR CORRUPTION OF DATA, RELIABILITY, NON-INTERRUPTION, QUIET ENJOYMENT, MERCHANTABILITY, INTEGRATION, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
You may have additional consumer rights under your local laws that these Terms of Use cannot change. Any implied warranties that cannot be excluded are limited to 30 days or the shortest period permitted by applicable law, whichever is greater.

Without limiting any of the foregoing, due to the nature of the internet, during online play you may experience errors, poor network performance and other issues that detract from your gameplay experience. While we take steps to maintain the Services, WE DO NOT WARRANT THAT (A) THE SERVICE WILL BE CONSTANTLY AVAILABLE, (B) YOU WILL HAVE UNINTERRUPTED AND ERROR-FREE ACCESS TO THE SERVICE, (C) DEFECTS WILL BE CORRECTED, (D) THE SERVICE (OR ANY HARDWARE, SOFTWARE OR NETWORK RELATING TO THE SERVICE) WILL BE BUG-FREE, VIRUS-FREE OR FREE OF OTHER HARMFUL CODE, OR (E) YOUR ACCESS TO THE SERVICE WILL BE SECURE; AND WE DO NOT PROVIDE ANY WARRANTY IN RELATION TO LOSS OR CORRUPTION OF DATA (INCLUDING IN-GAME VIRTUAL ITEMS, SCORING DATA, AND CHARACTER DATA).

When using the Service, you may acquire the right to use in-game virtual items or acquire other value or status indicators (including, without limitation, ladder positions) that reside as data on servers. THESE DATA MAY BE DELETED, ALTERED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION, AND THESE DATA MAY BE LOST OR DAMAGED. We have no liability for any such deletion, alteration, transfer, loss or damage.

WE ARE NOT RESPONSIBLE FOR THE BEHAVIOUR OF ANY OTHER PERSON WHO USES THE SERVICE.

Further, due to legal, regulatory or technical restrictions, you may not be able to access the Service from your location. You should verify access prior to accepting these Terms of Use – we are not responsible for your inability to access the Service.

Further, and without limiting any other term of these Terms of Use, we are not responsible for: (a) Internet, electronic, hardware, software, network or other computer-related failures, malfunctions or errors; (b) any failure or malfunction in our scoring system; (c) any disruptions, damages, losses, failures or errors that are caused by events or occurrences that are beyond our control; (d) typographical, processing, mechanical or human errors; or (e) failed, incorrect, incomplete or delayed electronic communications regardless of how caused.

15. Limitation of Liability

To the fullest extent permitted by applicable law, you cannot recover from us any special, incidental, indirect, exemplary, punitive or consequential damages, including, without limitation, any damages for loss of use, loss or corruption of data, loss or interruption of enjoyment or time, or loss of privacy, arising out of or relating to the Service or Fury, whether such recovery is asserted on the basis of contract, tort or otherwise, and even if we have been warned of the possibility of such damages.

Without limiting the foregoing, to the fullest extent permitted by law, you cannot recover from us any direct, special, incidental, indirect, exemplary, punitive or consequential damages for any losses arising from or in any way relating to:

(a) the provision of, or failure or delay in providing, the Service or any customer support services;

(b) the loss or corruption of your in-game character;

(c) the loss, corruption, removal or amendment of any virtual items (such as weapons, scrolls, containers and abilities) assigned to your in-game character;

(d) the loss, deflation or inflation of in-game currency or essence assigned to your in-game character;

(e) the loss or corruption of your account, game statistics, player rankings or user profile information stored by or for us in relation to the Service,

even, in each case, if Auran has been advised of the possibility of such damages and even if Auran is negligent.

Some jurisdictions do not allow the exclusion of incidental, indirect, exemplary, consequential or special damages, so the above limitation may not apply to you.

IN ADDITION, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR DIRECT OR OTHER DAMAGES OF ANY KIND OR NATURE IN CONNECTION WITH THE SERVICE EXCEED THE LESSER OF U.S. $50.00 AND THE AMOUNT OF MONTHLY SUBSCRIPTION FEES YOU PAID TO US DURING THE 6 MONTH PERIOD PRIOR TO THE DATE ON WHICH THE ACT GIVING RISE TO THE CLAIM OCCURRED. Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you.

16. Remedies

If we are found to be liable to you for any reason, then, to the fullest extent permitted by applicable law, our sole and maximum liability to you, and your sole remedy from us, is limited to one of the following, as we in our sole discretion determine appropriate:

(a) resupply of the Service;

(b) supply of a similar service;

(e) fixing or having fixed the Service (if appropriate).

17. Indemnity

You agree to indemnify us for all losses, liabilities, damages and costs and expenses (including without limitation reasonable attorneys’ fees) that we may suffer or incur directly or indirectly arising out of or relating to (a) your use or misuse of Fury or the Service, (b) any breach by you of these Terms of Use, the EULA, the Privacy Policy or any other applicable terms or policies or (c) any claim that any Idea infringes, violates or misappropriates any intellectual property right or other right of any person.

18. Suspension. Modification and Termination of Accounts

If we suspect that you have breached any term of these Terms of Use (including any part of the Code of Conduct or if you have posted or transmitted any material which violates or infringes the rights of any person), the EULA, the Privacy Policy or any other policies, terms or rules that may apply to you in accordance with these Terms of Use, if we are not able to verify any piece of information you have provided to us, or if you have in our sole determination otherwise acted in a manner which is inappropriate, we have the right to: (a) suspend your account and access to the Service; (b) terminate your Account and access to the Service; (c) recover damages from you; and/or (d) institute other disciplinary action against you. We reserve the right to take any such action without prior notice.

Your account will automatically be terminated if you die and your account cannot, for example, be left to any person by will or any laws of succession.

If your account is suspended or terminated for any reason, you will not be entitled to any refund or reimbursement of fees or amounts previously paid by or charged to you.

19. Linked Sites

The Service may contain links to third party Web sites. We are not responsible for the content of any such linked Web sites, or the privacy practices of any such linked Web sites. All activity that you undertake at any such linked Web sites is at your own risk.

20. Cancellation

You may cancel your account at any time, and if you are a monthly subscriber, you may cancel your monthly subscription at any time, by contacting us in accordance with clause 10 of these Terms of Use. Cancellation of your account or any subscription does not change your obligation to pay all charges made to your account prior to any such cancellation.

21. Assignment

We have the right to assign these Terms of Use, the EULA and any other agreement we may make with you without your consent. You do not have the right to assign these Terms of Use (or your account), and any attempt to do is void.

Subject to the terms of these Terms of Use, you may transfer in-game virtual items (to which you have acquired the rights to use from us) to other account holders, but only in exchange for other in-game virtual items. For clarity, you may not transfer or otherwise dispose of any character or in-game virtual item for real-world currency or other real-world value or consideration.

22. Notices

Where we are required or permitted to give you information (eg a notice), we may do so in any way, including by:
(a) giving you the information in person; or
(b) giving you the information by telephone, facsimile, mail or email using the contact details you give to us; or
(c) making the information available at: http://www.unleashthefury.com.

Where we give you information in person or by telephone, it is taken to be received by you at the time we give it. Where we give you information by facsimile, it is taken to be received by you at the time shown on the transmission confirmation report produced by the fax machine from which it was sent. Where we give you information by mail, it is taken to be received by you on the day after posting. Where we give you information by email, it is taken to be received by you when the email is sent, regardless of any response to the email. Where we make information available on our website, it is taken to be received by you at the time the information is made available on the website.

23. No Waiver

No waiver by us of any breach of these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach. No failure to exercise or delay in exercising any right or remedy will operate as a waiver. No waiver against us will be effective unless in writing, signed by an authorised officer of Auran.

24. Severance

If any term of these Terms of Use, the EULA, the Privacy Policy or any other policies, terms or rules that may apply to you in accordance with these Terms of Use is found to be unlawful, void or unenforceable, then that finding will not affect the validity and enforceability of any other term and the affected term will be changed and interpreted so as to best accomplish the objectives of such term within the limits of applicable law.

25. Claims

To the greatest extent permitted by applicable law, any claim related to your use of the Service, the Terms of Use, the EULA or the Privacy Policy must be brought within 1 year of the date on which the act giving rise to the claim occurred.

26. Entire Agreement

These Terms of Use, the EULA, the Privacy Policy and any other policies, terms or rules that may apply to you in accordance with these Terms of Use represents the entire agreement between you and Auran, and supersedes any all prior and contemporaneous discussions, negotiations, understandings or representations, whether oral or written.

27. DMCA Notices

The Digital Millennium Copyright Act (“DMCA”) provides remedies for owners who believe that any material posted on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material posted or transmitted on or through the Service (for instance, in any Forum) infringes your copyright (in any jurisdiction), you or your agent may send us a notice requesting that the material be removed, or access to it blocked. Any such notice must include the following:

(a) Identify in sufficient detail the copyrighted work that you believe has been infringed upon;
(b) Identify the material that you claim is infringing the copyrighted work listed in item (a) above;
(c) Provide information reasonably sufficient to permit us to contact you (email address is preferred);
(d) Provide information, if possible, sufficient to permit us to notify the person who posted or transmitted the allegedly infringing content (email address is preferred);
(e) Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law";
(f) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;"
(g) Sign the notice;
(h) Send the written notice to the mail address set forth in clause 12 of these Terms of Use, or send us a facsimile copy to +61 7 3358-8899, Attn: Legal Compliance Administrator.
Even if we may be liable for infringement under U.S. law or other applicable law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating accounts. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the relevant account holder so that he or she may make a counter notification. We may also document notices of alleged infringement on which we act, and we have the right to publish or communicate any notices or counter-notices.
When we receive a counter notification, we may reinstate the material in question. Any such counter-notice must include the following:
To expedite our ability to process your counter notification, please use the following format (including section numbers):
(a) identify the material or posting that has been removed or to which we have disabled access.
(b) Provide your name, address, telephone number, and email address, and any other information required by the DCMA.
(c) Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
(d) Sign the counter-notice;
(e) Send the written counter-notice to the mail address set forth in clause 12 of these Terms of Use, or send us a facsimile copy to +61 7 3358-8899, Attn: Legal Compliance Administrator.
We suggest that you consult with legal counsel prior to filing any notice or counter-notice with us. You may be liable for damages and penalties if you make a false claim under the DCMA.

28. Proprietary Notices

Auran, Fury and Unleash the Fury are trademarks or registered trademarks of Auran Holdings Pty Ltd or its subsidiaries in Australia, the United States of America, the United Kingdom and other countries.The Service, the Fury computer game and all related software and intellectual property are copyright 2007 Auran Games Pty Ltd. All Rights Reserved.

The Service contains third party libraries and code licensed and obtained from third parties. In accordance with its licensing obligations, Auran notes the following:

Unreal® is a registered trademark of Epic Games, Inc.

NVIDIA, the NVIDIA logo and TWIMTBP logo are registered trademarks of NVIDIA Corporation used with permission.

The Service includes SpeedTree software licensed from Interactive Data Visualization, Inc.

Posted by on 12/11 at 09:44 PM

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