DESCRIPTION OF SERVICES

Among the services offered by Electric on the Site, Electric is providing Member with a capability to send and receive electronic mail via the World Wide Web and on Electric’s own system. Electric will not charge Member for the use of this e-mail service. Electric assumes no responsibility for the deletion or failure to store, deliver, or timely deliver e-mail messages. Electric reserves the rights to set limits on number of messages or their storage requirements.

In connection with the use of the Site, Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web, and (2) provide for Member’s own access to the World Wide Web and pay any telephone or other connection and service fees associated with such access. Subject to the terms and conditions of these TOS, Electric grants Member a non-exclusive, non-transferable, limited license to use any software delivered by Electric to Member for using the Service solely for such purpose and for the term of this agreement.

Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by Electric and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Member grants Electric the right to disclose to third parties certain Registration Data about Member and Electric membership in the aggregate; however such disclosures shall exclude Member-specific name, mailing address, e-mail address, account and phone number information unless: (1) Member expressly agrees such information may be disclosed, or (2) Electric is required to disclose such information by any applicable law, agency, or legal process. If any information provided by Member is inaccurate, Electric retains the right to terminate Member’s membership and rights to use the Service.

MODIFICATIONS TO THE SERVICE

Electric reserves the right to modify or discontinue the Service, or any portion thereof, with or without notice to Member. Electric shall not be liable to Member or any third party should Electric exercise its right to modify or discontinue the Service.

NO MONITORING OF THE SERVICE

Electric will not monitor, edit, or disclose the contents of a Member’s private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to law, judicial or agency order or other like instructions; (2) protect and defend the rights or property of Electric; (3) act under exigent circumstances to protect the personal or informational safety of its members or the public; or (iv) as Electric determines is reasonably necessary for the maintenance of the Service.

MEMBER ACKNOWLEDGES AND AGREES THAT ELECTRIC ENTERTAINMENT DOES NOT ENGAGE IN MONITORING OR EXERCISING EDITORIAL CONTROL OVER ANY MESSAGES OR COMMUNICATIONS SENT OVER THE SERVICE AND THAT ELECTRIC ENTERTAINMENT SHALL NOT BE LIABLE FOR FAILURE TO SO MONITOR OR EDIT. Member acknowledges and agrees that Electric neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Member acknowledges and agrees that certain technical processing of e-mail messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks’ technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements. Member acknowledges that such processing and alteration are automated and do not constitute the exercise of editorial control over the e-mail messages or the monitoring of message content.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Member is entirely responsible for maintaining the confidentiality of Member’s password and account. Furthermore, Member is entirely responsible for any and all activities which occur under Member’s account and agrees to indemnify, defend, and hold harmless Electric for any liability or expense arising from such use or misuse. Member agrees to immediately notify Electric of any unauthorized use of Member’s account or any other breach of security known to Member.

Member may change his or her password or icon by following instructions provided on the Site; Member may also set up a new account and close an old one in accordance with directions provided on the Site.

PROPRIETARY RIGHTS

Member acknowledges and agrees that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Electric, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Electric is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these TOS is prohibited.

USER’S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, Member: (1) grants Electric and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and (2) warrants and represents that Member owns or otherwise controls all of the rights to the content and that public posting and use of Member’s content by Electric will not infringe or violate the rights of any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If Member believes that Member’s work has been copied and is accessible on this site in a way that constitutes copyright infringement, Member may notify Electric at
WebMaster@Electric-Entertainment.com.

THIRD PARTY SITES

The Site may produce automated search results or otherwise link Member to other sites on the World Wide Web. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Electric, and Member acknowledges that Electric is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Electric or any association with its operators.

INTERNATIONAL USE

Electric makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE AND SOFTWARE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

ELECTRIC PROVIDES NO ASSISTANCE INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL OR CUSTOMER SUPPORT.

ELECTRIC MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ELECTRIC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

ELECTRIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

ELECTRIC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM ELECTRIC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ELECTRIC, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ELECTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ELECTRIC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

NO RESALE OR COMMERCIAL USE OF THE SERVICE

Member’s right to use the Service is personal to Member. MEMBER MAY ONLY BE AN INDIVIDUAL: Member may not be a corporation or other business entity. Member agrees not to resell or make any commercial use of the Service.

INDEMNIFICATION

Member agrees to defend, indemnify, and hold harmless Electric and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from Member’s use or misuse of the Site. Electric reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member, in which event Member will cooperate with Electric in asserting any available defenses.

CHOICE OF LAW AND FORUM

These TOS shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Member expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these TOS or Member’s use of the Site shall be filed only in the state or federal courts located in the State of California, and Member further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Each party waives the right to a jury trial in any lawsuit or action based upon or arising out of these TOS.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein or as set forth in the Site’s Privacy Policy and/or the additional terms of use (such as, for example, the Gaming Terms of Service) contained elsewhere on the Site, this agreement constitutes the entire agreement between Member and Electric with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between Member and Electric with respect to the Site. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

Electric reserves the right, in its sole discretion, to terminate Member’s access to all or part of this site, with or without notice. Should Member object to any of these TOS or any terms and conditions of Electric or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member’s only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Electric of termination. Upon termination of the Service, Member’s right to use the Service immediately ceases. Member shall have no right and Electric will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. To cancel the Service, Member shall either: (1) send an email to WebMaster@Electric-Entertainment.com ;or (2) request cancellation by US Mail. In either case, Member must include Member’s name, Member’s user ID, Member’s mother's maiden name and Member’s phone number. US Mail should be sent to:

Electric Entertainment
P.O. Box 93517
Los Angeles, CA 90093

AGREEMENT TO RULES OF CONDUCT

You agree to abide by Electric’s Rules of Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. Member may not engage in any conduct or communication while using the Site which is unlawful or which restricts or inhibits any other Member from using or enjoying the Site.

The list of prohibited conduct set forth below provides examples of unacceptable conduct. The list is not exhaustive, and Electric reserves the right, but not the responsibility, to restrict conduct which Electric deems, in its sole discretion, to be harmful to individual members, damaging to the Site, or in violation of Electric’s or any third party's rights. Electric may prohibit or delete conduct, communication or content transmitted on or via the Site that is deemed to be in violation of applicable laws or is harmful to other members, the Electric service community or the rights of Electric in general. Member acknowledges, however, that communication over the Site often occurs in real-time and Electric cannot, and does not intend to, screen communication in advance.

MEMBER MAY NOT USE THE SITE TO:

A) Harass, threaten or embarrass another member of the Site or to cause distress, unwanted attention or discomfort of such member, or any other person or entity. Electric does not condone harassment in any form and may suspend or terminate the account of any member who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited.

B) Post or transmit sexually explicit images, or point to or reference such images.

C) Transmit, post, link or use any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If Member engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, Member may receive a warning, or be temporarily or permanently excluded from one or more services provided on the Site including, without limitation, games, bulletin boards, chat areas, or Member’s membership may be terminated immediately and may subject Member to civil liability and/or prosecution by law enforcement authorities.

D) Post or communicate any of Member’s real world information (name, address, account name, etc.) through the Site.

E) Solicit or collect personal information from a minor (anyone under 18 years old). Personal information includes but is not limited to name, address, phone number or name of their school.

F) Sell or give away any account or account information, whether Member’s or belonging to any other individual.

G) Arrange for the exchange or transfer of any pirated or illegal software while using the Site.

H) Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than members are able to type onto it.

I) Impersonate any person, including, but not limited to, Electric’s employees, monitors or hosts. Member shall not hold himself or herself out or portray himself or herself as an Electric staff member or employee while engaging in all forms of online communication, including, but not limited to, member names, member profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of Electric staff shall be grounds for immediate account termination.

J) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Site. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Site area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.

K) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Site and is considered a nuisance by many members. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter.

L) Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation.

M) Collect or "harvest" other Electric member names without the express permission of those members. Electric reserves the rights to block and/or filter mass email solicitations on or through the Site.

N) Violate any operating rule, policy or guideline of any other online service. Member further agrees to abide by the rules of Member’s Internet service provider.

O) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation.

P) Modify any files that Electric does not specifically authorize Member to modify. Use of material which is subject to the rights of any person or entity without the express permission of such rights holder is prohibited, and will result in the termination of Member’s membership and possible civil and/or criminal liability.

Q) Abuse bugs, undocumented features, design errors or problems in the use of the Site (collectively referred to as “Problems”). Member acknowledges and agrees to report all Problems in its use of the Site to Electric as soon as they are found as their continued use can damage the enjoyment of the Site for all members. Additionally, failure to report a Problem or suspected Problem is itself a violation of these Rules of Conduct.

R) Upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information – that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "Spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

S) Upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information – that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.