Terms & Conditions

Introduction

Welcome to the Terms and Conditions of use page ("Site Terms") for Enemy Technology ("E.T.") and its web site (the "Site"). These Site Terms create an agreement applicable to your use of our services at the Site. If you do not agree to be bound by these Site Terms, you may not access or otherwise use the Site.

Your Registration Obligations

In consideration of your use of our Site, you agree: (a) that any information you provide us about yourself (such as during registration) is accurate, current and complete, and (b) that you will maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that that such information provided is inaccurate, not current or incomplete, we have the right to suspend or terminate your membership with our Site and refuse any and all current or future uses of our Site (or any portion thereof).

Licenses and Site Access

Subject to these Site Terms, we grant you a limited license only to make personal use of the Site. You may not, without limitation: (a) make any resale of the Site or its content; (b) make any derivative use of the Site or its contents; or (c) use any data mining, robots, or similar data gathering and extraction methods within the Site. Except as expressly stated in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Enemy Technology or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons, are subject to trade dress protection and may be otherwise protected by state and federal laws and may not be copied or imitated in whole or in part.

You may not use, frame or use framing techniques to enclose the Enemy Technology trademark, logo or other proprietary information (including images found at the Site, the content of any text, audio/visual programming and/or the layout or design of any page of any part of the Site) without Enemy Technology's express written consent. Further, you may not use any metatags or any other "hidden text" embodying or containing the name, trademark, or product name of Enemy Technology without Enemy Technology 's express written consent.

Any unauthorized use of the Site will immediately terminate the permission or license granted under the Site Terms, may violate copyright, trademark and other laws, and may subject you to legal action.

Changes to the Site and/or Site Terms

Enemy Technology reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Site or these Site Terms, in whole or in part, at any time. Changes to these Site Terms will be effective when posted. You agree to review these Site Terms periodically to be aware of any changes. By continuing to use this Site after any changes, you agree to be bound by subsequent revisions to these Site Terms.

Acceptable Conduct

This Site will eventually include interactive areas, including discussion groups. By using any forum or interactive area, you agree not to do any of the following:

• Upload to, distribute or otherwise publish through the Site any text, message, data, photograph, image, graphic, information, audio/video file or other material ("Content") that is, under applicable law, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading or otherwise objectionable;

• Upload to, distribute or otherwise publish through the Site any Content that may reasonably be considered to convey expressions of bigotry, prejudice, racism, sexism, hatred or profanity;

• Upload to, distribute or otherwise publish through the Site any Content that constitutes, assists or encourages a criminal offense, violates the rights of any party, or that otherwise creates liability or violates any applicable local, state, national, or international law;

• Upload to, distribute or otherwise publish through the Site any Content that infringes any trademark, trade secret, copyright or other intellectual or proprietary rights of any party, or any Content that you do not have the lawful right to distribute and reproduce;

• Upload to, distribute or otherwise publish through the Site any Content that may contain any viruses, Trojan horses, worms, time or logic bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

• Impersonate any person or entity, including, but not limited to, an Enemy Technology employee, director, forum moderator, or falsely state or otherwise misrepresent your affiliation with any person or entity;

• Without Enemy Technology’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation for yourself or others.

We do not undertake responsibility or assume liability for any Content posted or uploaded by you or any third-party, including without limitation any third party who may be engaged in a consulting, sponsorship, endorsement or other relationship with Enemy Technology, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in our Site. As a provider of interactive services, we are not liable for any statements, representations or Content provided by our users in any public forum or interactive area (such as a discussion forum) in our Site. This means that you, and not Enemy Technology, are entirely responsible for all Content that you upload, post or otherwise transmit to our Site.

Enforcement

We reserve the right, but are not obligated, to monitor any activity and Content associated with any public forums and interactive areas, or any other areas on the Site. We may investigate any reported violation of our policies or complaints and take any action that we reasonably deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, warning, suspension or termination of service, and/or removal of posted Content. We reserve the right to remove, screen or edit any Content that violates these provisions or is otherwise objectionable in our absolute discretion. We also reserve the right to reasonably report any objectionable activity to appropriate law enforcement officials, regulators, or other third parties.

In order to comply with governmental requests, to protect Enemy Technology 's systems or customers, or to ensure the integrity and operation of Enemy Technology’s business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Enemy Technology’s right to disclose any such non-confidential or non-privileged information shall govern over any terms of Enemy Technology’s Privacy Policy.

Only a Forum

The public forums and interactive areas on the Site act as the venue for users to post their own Content. We cannot review all Content posted, uploaded or transmitted to the Site, and are therefore not responsible for such Content, regardless whether such Content is posted by you or any third-party, including without limitation any third party who may be engaged in a consulting, sponsorship, endorsement or other relationship with Enemy Technology. You acknowledge that Enemy Technology is merely acting as a passive conduit for the distribution of any Content you may post and is not undertaking any obligation or liability relating to any such Content. Please use reasonable caution and common sense when using our Site.

Your Indemnification and Release

You remain solely liable for the Content you post, upload or transmit to Enemy Technology, including the public forums and interactive areas on the Site. You agree to indemnify and hold harmless Enemy Technology including its subsidiaries, divisions and affiliates, as well as their respective directors, officers, employees and agents, from any claim, action, demand, loss, expense or damages (including attorneys' fees and related costs) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. In the event that you have a dispute with one or more users, you release Enemy Technology (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Privacy

Please review our posted Privacy Policy.

Copyright

All right title and interest in the entire contents of the Site are copyrighted as a collective work under the United States and other copyright laws. Enemy Technology holds the copyright in this collective work. The collective work includes works that are licensed to Enemy Technology Copyright 2003 Enemy Technology, ALL RIGHTS RESERVED. The collective work may also include works that are the property of Enemy Technology’s licensors, which are also protected by copyright and other intellectual property laws. You hereby acknowledge and agree that Enemy Technology and/or any third party content providers remain the owners of any posted materials on the Site, and that you do not acquire any ownership rights over any such copyrighted materials by downloading or, otherwise, using them. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site solely for your own non-commercial use. Any redistribution, retransmission, or publication of any material or content on the Site is strictly prohibited without our express written consent. You further agree not to modify or delete any proprietary notices from materials downloaded from the Site.

Trademarks

All trademarks, service marks, logos, trade names, and any other proprietary designations of Enemy Technology or its divisions used herein are trademarks or registered trademarks of Enemy Technology. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective owning parties.

Links to Third Party Site

There are links throughout the Site that will let you leave our Site. These links are provided as a courtesy only, and the sites they are linked to are not under the control of Enemy Technology in any manner whatsoever. Therefore, Enemy Technology is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Enemy Technology is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Enemy Technology of the site and/or any of its content therein.

Your Password

You are responsible for maintaining the confidentiality of your password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password or ID stored anywhere on our Site), you must promptly notify us of the problem to avoid possible liability.

Disclaimer

THE SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENEMY TECHNOLOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ENEMY TECHNOLOGY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENEMY TECHNOLOGY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability

ENEMY TECHNOLOGY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, SERVICES OR CONTENT ON THE SITE, OR THE PERFORMANCE OF ANY MATERIALS YOU MAY OBTAIN OR THROUGHOUT THE SITES, EVEN IF ENEMY TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENEMY TECHNOLOGY SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS OF ANY DATA. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Termination

Notwithstanding any of the Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability

If any provision of the Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of California, exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of the Site, or the services or products provided through the Site, any such dispute must be brought exclusively in a court of competent jurisdiction sitting in San Diego, California. The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or Enemy Technology contrary to those set forth above.