These Terms of Service (the "Agreement ") set forth the terms and conditions
that apply to your use of the Tactical Ops web site and the services and
materials on those sites offered to you by Kamehan Studios. (the "Service").
By using the Service, you agree to the terms of this agreement as if you had
signed it, If you do not agree to be bound by this agreement, please discontinue
your use of the service.
1. Restrictions on Use
As part of the Service you will be provided with information, chat rooms,
public forum, links to other web sites and other services that Kamehan
Studios may decide to offer, subject to these Terms of Service. Kamehan
Studios may, in its sole discretion, discontinue or alter any aspect of
the Service, including, but not limited to restricting, (i) the time of
availability, (ii) the availability and/or scope of the Service for certain
platforms (i.e. computer types and operating systems), (iii) the amount of
use permitted, and (iv) restricting or terminating any user's right to use
all or part of the Service, at any time in Kamehan Studios' sole discretion
and without prior notice or liability.
2. Content
"Content" includes the software, communications, images, sounds, and all
other material and information made available on the Service. Content is
derived in whole or in part from material supplied and owned by Kamehan
Studios and other sources. This material is protected by copyright,
trademark and other applicable laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, publicly display, prepare derivative
works or distribute Content from the Service without the express authorization
of Kamehan Studios and/or it?s affiliate companies. You may, however, download
Content from the Service for your personal, non-commercial use only, provided
you keep intact all copyright and other proprietary notices and use the Content
in accordance with all restrictions applicable to your use of the Service in
general. In the event you download content from the Service, the Content is
licensed to you by Kamehan Studios which does not transfer title to you.
Kamehan Studios does not pre-screen all Content available on the Service
and does not assume any responsibility or liability for Content provided
by users of the Service or by third parties. Kamehan Studios reserves the
right to remove at our sole discretion content for any reason. Neither
Kamehan Studios nor its affiliates assume any liability for failure to
remove, or delay in removing Content.
3. Conduct
It is a condition of your use of the Service that you do NOT: (i) restrict
or inhibit any other user from using and enjoying the Service (ii) post or
transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of any kind, including,
without limitation, any images or other material depicting nudity; (iii) post
or transmit comments containing harassing or offensive language, including
sexual references, sexual nicknames, ethnic or racial slurs, hate propaganda,
hate mongering, swearing or rude or deliberately offensive comments, or engage
in disruptive activities online, including excessive use of the return key,
shouting (ALL CAPS), or flooding; (iv) post or transmit any material that is
fraudulent or violates or infringes the rights of others, including material
that violates privacy or publicity rights, or infringes copyright, trademark
or other proprietary rights, without first obtaining permission from the owner
or right holder; (v) post or transmit any information, software or other material
that contains a virus or other harmful or corrupted component; (vi) post or
transmit content that encourages or provides instructional activities about
illegal activities, in particular hacking, cracking or distribution of
counterfeit software; (vii) post, transmit or in any way exploit any
information, software or other material for commercial purposes or that
contains advertising, "junk mail," "spam," or "chain letters," (viii)
solicit other users to join or contribute money to any online service
or other organization, advocate or attempt to get users to join in illegal
schemes or plan or participate in scams involving other users; (ix)
impersonate any person or entity or falsely state or otherwise misrepresent
your professional or other affiliation with any person or entity or indicate
that you are an employee or representative of Kamehan Studios or its
affiliates; (x) resell or redistribute the information derived from the
Service in a machine-readable database; (xi) use the Service to collect
personally identifying information about users of the Service in violation
of our Privacy Policy; (xii) disguise a file type to thwart Kamehan Studios'
detection process; (xiii) improperly use the game support or complaint
buttons or make false reports to Kamehan Studios staff members.
4. Monitoring
Kamehan Studios has no obligation to monitor the Community Areas or any other
use of the Service. You acknowledge and agree that Kamehan Studios reserves
the right to, and may from time to time, monitor any and all information
transmitted or received through the Service, including, but not limited to,
the Community Areas, for operational and other purposes. During monitoring,
information may be examined, recorded, copied, and used for authorized purposes
in accordance with our Privacy Policy. Use of the Service constitutes consent
to such monitoring. Furthermore, Kamehan Studios reserves the right at all
times to disclose any information posted on the Community Areas or on any
other portion of the Service as necessary to satisfy any law, regulation,
or governmental request, or to refuse to post, or to remove, any information
or materials, in whole or in part, that in Kamehan Studios sole and absolute
discretion are objectionable or in violation of this Agreement.
5. Content in the Community Areas and on the Service.
Communications posted in the Community Areas and through the Service are
provided by users who are unaffiliated with Kamehan Studios, and the user
providing each such Communication is solely responsible for its content.
In using the Community Areas or receiving e-mail messages through the
Service, you should not assume that such messages have been reviewed by
Kamehan Studios, that such Communications contain correct information,
or that the persons posting such Communications have accurately identified
themselves and/or their affiliation with any third party. You understand
that by using the Service, you may be exposed to Communications that are
offensive, indecent, or objectionable. Under no circumstance will Kamehan
Studios be liable in any way for any Communication, including, but not
limited to, liability for any errors on omissions in any Communication,
or for any loss or damage of any kind incurred as a result of the use of
any Communication posted, e-mail, or otherwise transmitted via the Service.
6. Personal Safety
When using the Service, please be certain that anything that you say does
not compromise your personal safety. Do not provide your name, phone number,
postal or e-mail address, your password, or any other personality identifying
information to people you do not know. Do not continue any conversation online
that makes you feel uncomfortable.
7. Disclaimer of Warranties
KAMEHAN STUDIOS HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED
BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD
PARTY MATERIALS ON THE SERVICE. NEITHER KAMEHAN STUDIOS, ITS PARENT OR SUBSIDIARY
COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY
INFORMATION, PRODUCTS OR SERVICE ON THESE THIRD PARTY SITES. THE SERVICE, THE
MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE
THIRD PARTY SITE ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, KAMEHAN STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED
FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. KAMEHAN STUDIOS DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE
SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES
AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. KAMEHAN STUDIOS DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS
IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
You assume all risk of
errors and/or omissions in the Service, including the transmission or
translation of information. You assume full responsibility for implementing
sufficient procedures and checks to satisfy your requirements for the accuracy
and suitability of the Service, including the information, and for maintaining
any means that you may require for the reconstruction of lost data or subsequent
manipulations or analyses of the information provided. You acknowledge and agree
that your use of the Service, and any information sent or received in connection
with that use, may not be secure and may be intercepted by unauthorized parties.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF NECESSARY MAINTENANCE, REPAIR
OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
8. Limitation of Liability
IN NO EVENT WILL KAMEHAN STUDIOS, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS
AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICE ADVERTISED IN OR OBTAINED
THROUGH THE SERVICE, KAMEHAN STUDIOS REMOVAL OR DELETION OF ANY MATERIALS OR
RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE,
EVEN IF KAMEHAN STUDIOS OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES
WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE,
NETWORK OR SYSTEM OR OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT KAMEHAN STUDIOS, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS
WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER
OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY, FROM
STATE TO STATE COUNTRY TO COUNTRY.
9. Indemnification
You agree to defend, indemnify and hold harmless Kamehan Studios, its
affiliates and their respective employees and agents from and against any
and all claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorneys fees)
arising out of or accruing from (a) any material posted or otherwise provided
by you that infringes any copyright, trademark, trade secret, trade dress,
patent or intellectual property right of any person or defames any person or
violates their rights of publicity or privacy, (b) any misrepresentation made
by you in connection with your use of the service; and (c) claims brought by
persons or entities other than the parties to this Agreement arising from or
related to your access and use of the service, including the information
obtained through the service.
10. Termination
Kamehan Studios may, in its sole discretion, terminate your use of the Service,
or remove and discard any communication transmitted by you or information stored,
sent, or received via the Service without prior notice and for any reason.
Termination, suspension, or cancellation of this Agreement or your access
rights will not affect any right or relief to which Kamehan Studios may be
entitled in law or in equity. Upon termination of this Agreement, all rights
granted to you will automatically terminate and immediately revert to Kamehan
Studios and its licensors.
11. Trademarks
Kamehan Studios, and the Kamehan Studios logo are trademarks of Kamehan
Studios, Inc., and all other trademarks, service marks and trade names
used on the Service are the property of their respective owners, and all
of the above trademarks may not be copied, downloaded or otherwise exploited
without the permission of Kamehan Studios or the owner of such trademark,
service mark or trade name, except as explicitly permitted in this Agreement.
12. Minors
If you have agreed to allow your minor child, or a child for whom you are
legal guardian (a "Minor"), to use the Service, you agree that you will be
solely responsible for: (a) the online conduct of such Minor; (b) monitoring
such Minor's access to and use of the Service; (c) the consequences of any
use of the Service by such Minor. Children under the age of 13 cannot enter
restricted areas of the Service. At various places on the Service, we ask
users to enter their age. Kamehan Studios relies on our users to be truthful
in responding to these questions. If a user does not identify his/her proper
age, we will have no way of verifying actual age with respect to our privacy
policy.
13. Modification
Kamehan Studios reserves the right in its sole discretion, to amend this
Agreement, and to modify, add or discontinue any aspect, or feature of the
Service. Such amendments, modifications, additions or deletions will become
effective upon notice of that action, which may be provided to you by posting
on the Service, via e-mail or any other reasonable means. Continued use of
the Service by you will constitute your binding acceptance of any such
amendments, modifications, additions or deletions.
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