TERA TERMS OF SERVICE

This Terms of Service governs your use of our website located at www.tera-online.com, and all software, products, features and services made available, displayed or offered by or through our website ("TERA"). TERA is operated by En Masse Entertainment, Inc., its subsidiaries and affiliates (collectively, "En Masse", "we," or "our"). The TERA Privacy Policy, Rules of Conduct and any supplemental terms as provided to you by En Masse are an integral part of this Terms of Service and are incorporated in herein by reference.
If you have any questions regarding this Terms of Service, Rules of Conduct or any supplemental terms, please contact at account@tera-online.com.

1. 1. Intellectual Property. TERA contains copyrighted material, trademarks and other proprietary information including, without limitation, software, video, photographs, graphics, text, music and sound, and the entire contents of TERA and each area contained therein are copyrighted as a collective work under United States copyright laws. En Masse owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not transmit, participate in the transfer or sale, create derivative works from, modify, publish, or in any way exploit, any of the content contained on TERA (including, without limitation, any content that TERA enables you to download) without the express written permission of En Masse and any other applicable owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, or copyright notice may be made. The downloading of copyrighted material from TERA is allowed by you only for your personal use. You acknowledge that En Masse and/or third-party content providers remain the owners of all content posted on TERA, and that you do not acquire any of those ownership rights by downloading copyrighted materials. You may not use any unauthorized third-party software that intercepts, mines, or otherwise collects information from or through TERA, or disrupt or assist in the disruption of any computer used to support TERA (each a "Server"). You agree that you will not violate any applicable law or regulation in connection with your use of TERA. TERA is for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by En Masse in writing, you may not sell or exchange anything you copy or derive from TERA. As long as you comply with the terms of this Terms of Service, En Masse grants you a personal, non-exclusive, non-transferable, limited right during the term of this Terms of Service to enter, use, perform and display TERA and its contents.

2. 2. User Content. TERA's incorporates certain communication features such as forums, message boards, chat, messenger-type features, and email that may be provided to registered and unregistered users (collectively, "TERA Communication Features"). You acknowledge that by using TERA Communication Features, you may be exposed to messages, information, data, text, software, graphic files, or other materials, whether in written, verbal, electronic, digital, machine-readable or other form ("User Content") that you might find objectionable. En Masse does not control the content of any User Content and does not guarantee their accuracy, integrity or quality. You understand that any User Content sent through or appearing on TERA Communication Features is the sole responsibility of those persons transmitting such User Content. This means that you, and not En Masse, are entirely responsible for all User Content that you transmit. Under no circumstances will En Masse be liable for any errors or omissions in any User Content or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any User Content sent through or appearing on any TERA Communication Features.
   En Masse has no obligation to monitor or supervise TERA Communication Features and/or User Content, and expressly disclaims any representation that we will monitor or supervise such features and/or User Content. However, we expressly reserve the right, but not the obligation, in our sole discretion to monitor, screen, edit, block or remove any User Content, in whole or in part, sent through or appearing on any TERA Communication Feature and you have no expectation of privacy in any content in any of the TERA Communication Features. Without limiting the foregoing, En Masse and its designees shall have the right to block or remove, in whole or in part, any User Content that is in violation of this Terms of Use, is illegal, infringing or otherwise offensive or objectionable. Accordingly, you acknowledge that TERA Communication Features are forums for public and not private communications. YOU AGREE TO INDEMNIFY AND HOLD EN MASSE AND ITS DESIGNEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
   Any and all User Content submitted to En Masse shall be deemed, and shall remain, the property of En Masse from the moment such User Content us created. En Masse shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all User Content of every kind and nature, in perpetuity throughout the world. To the extent that any of the above may be void or unenforceable, you agree that any and all User Content is hereby irrevocably assigned to En Masse, together with all intellectual property rights therein. To the extent any of the User Content is not assignable, by submitting User Content to En Masse, you agree that En Masse shall be irrevocably entitled to, throughout the world and in perpetuity, modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any User Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content. You also give up any claim that any use by En Masse of any User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

3. 3. Eligibility. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under this Terms of Service. By using TERA, you represent that you are at least eighteen (18) years of age and are either accepting this Terms of Service on behalf of yourself or on behalf of your child. You may not transfer, sell, or share your Account with anyone, unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. You are liable for all activities conducted through the Account.

   The Children's Online Privacy Protection Act, administered by the Federal Trade Commission, imposes rules regarding the collection of personal information from children. TERA is not directed to children under the age of thirteen (13). If you are under the age of thirteen (13) you may not create an Account and must not provide any personal information to En Masse.

4. 4. Establishing an Account. A TERA account ("Account") may be required to access certain features of TERA, including TERA Communications Features. If you have questions about Account registration, please contact at account@tera-online.com. To create an Account, you must provide your name, date of birth, mailing address and valid email address. You must provide truthful and accurate information. Accounts are available only to adults, or in their discretion, their minor child. If you are a minor, your parent or guardian must complete the registration process, in which case your parent or guardian takes full responsibility for all obligations under this Terms of Service. You are solely responsible for all activity on your Account. You should not reveal your Account password to others. En Masse will not ask you to reveal your password.

   En Masse does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void.

5. 5. Login ID and Password. During the registration process, you may be required to provide your login ID (your verifiable email address) and a password (collectively referred to as "Login Information"). You may not share the Account or the Login Information with anyone other than as expressly set forth herein. You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify En Masse by emailing accounts@tera-online.com.

6. 6. Username. In addition to your Login Information, you may be required to select a unique username for use with TERA Communication Features. Your username can be seen by others. Therefore, if En Masse finds a username to be offensive or improper, it may, in its sole and absolute discretion, change the username, block user registration, remove the username from all aspects TERA, and/or suspend or terminate your Account. In particular, you may not use the name of another person, or a name which violates a third party's trademark right, copyright, or other proprietary right. You may not use a name which may mislead others to believe you to be an employee of En Masse, or which En Masse deems at its sole discretion to be vulgar or otherwise offensive. En Masse reserves the right, in its sole and absolute discretion, to delete or alter any username, terminate or suspend your Account, or terminate any license granted herein, for any reason whatsoever.

7. 7. Rules of Conduct. When using or accessing TERA or TERA Communication Features, you agree not to:

   i. Transmit or post any content or language which, in the sole and absolute discretion of En Masse, is deemed to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; or contains any viruses, trojan horses, worms, time bombs, automation software or other computer programming routines that are intended to damage, modify, interfere with, or otherwise disrupt any system or data;
   ii. Communicate or post any user's personal information, except that a user may communicate his or her own personal information in a private message directed to a single user;
   iii. disrupt the normal flow of chat, harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to other users, send repeated unsolicited or unwelcome messages to a single user, or repeatedly post similar messages in a chat area, including without limitation continuous advertisements to sell goods or services, defraud, or attempt to gain access to any other user's Account;
   iv. Impersonate any person or entity, including, but not limited to, a En Masse agent or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; v. interfere with or disrupt any aspect of TERA or servers or networks connected to TERA, or disobey any requirements, procedures, policies or regulations of networks connected to TERA;

   In addition to the above, En Masse prohibits any conduct or action that En Masse, in its sole and absolute discretion, determines is contrary to the spirit of TERA, and may terminate or suspend your Account, or take any other action that En Masse deems appropriate in its sole and absolute discretion.

8. 8. Changes to Terms of Service. En Masse reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Terms of Service at any time, including without limitation access policies, the availability of any feature of TERA, hours of availability, content, data, software or equipment needed to access TERA, effective with or without prior notice; provided, however, that material changes (as determined in En Masse's sole and absolute discretion) will be disclosed to you through any of one or a combination of: a patch process, or by email, postal mail, website posting, or pop-up screen. If you cannot comply with changes to this Terms of Service, or such changes are unacceptable to you, you must not use or access TERA and your Account. By continuing to access or use TERA following any revision to this Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes. En Masse may change, modify, suspend, or discontinue any aspect of TERA at any time. En Masse may also impose limits on certain features or restrict your access to parts or all of TERA without notice or liability. If you do not agree to any new terms, or to any of the terms in this Terms of Service, your only remedy is to not access or use TERA and to cancel your Account.

9. 9. Service Interruptions and Changes to TERA. En Masse reserves the right to interrupt all or any aspect of TERA from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that En Masse will not be liable for any interruption of TERA, delay or failure to perform resulting from any causes whatsoever. You acknowledge that TERA may be interrupted for reasons beyond the control of En Masse, and En Masse cannot guarantee that you will be able to access TERA or your Account whenever you may wish to do so. En Masse has the right at any time for any reason or no reason to change and/or eliminate any aspect of TERA as it sees fit in its sole discretion.

10. 10. Termination. You or En Masse may terminate this Terms of Service and your Account at any time. You may terminate this Terms of Service at any time by not using TERA. En Masse can terminate this Terms of Service by asking you to stop using TERA, and, at En Masse's sole and absolute discretion, by preventing your access to TERA and/or your Account. Upon termination of this Terms of Service, you will have no further rights to use TERA or its services. Your only right and remedy with respect to any dissatisfaction with TERA is to terminate this Terms of Service and your Account and to cease using any services available through TERA, including TERA Communication Features. The foregoing are the exclusive rights and remedies in connection with, without limitation, any disagreement with any terms and conditions of this Terms of Service , or any policy or practice of En Masse in operating TERA, and/or content available through TERA (or any changes to such content). Without limiting the foregoing, En Masse shall have the right to terminate this Terms of Service with you, effective immediately, and/or terminate or temporarily suspend your access to your Account and/or all or any part of TERA, without notice, in the event of any conduct by you which En Masse, in its sole and absolute discretion, considers to be unacceptable, or for conduct that En Masse believes is a violation of the terms and conditions contained herein or any other policies posted by En Masse, or for other conduct which En Masse believes, in its sole and absolute discretion, is harmful to En Masse, other TERA users. En Masse reserves the right to deny any account registration and to deny access to TERA to any individual.
    The provisions of Sections 1, 2, and 11 through 17 shall survive any termination of this Terms of Service.

11. 11. Warranty Disclaimer. TERA AND ALL RELATED SOFTWARE, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS, PROVIDED AT YOUR OWN RISK, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EN MASSE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, En Masse does not ensure continuous, error-free, secure or virus-free operation TERA or your Account. Some states do not allow the disclaimer of implied warranties, and to the extent, 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.

12. 12. Limitation of Liability. NEITHER EN MASSE NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE TERA AND RELATED SOFTWARE AND SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL EN MASSE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.

13. 13. Force Majeure. En Masse shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond En Masse's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

14. 14. Acknowledgments. . You hereby acknowledge and agree that:
    i. WHEN YOU ACCESS OR USE TERA, EN MASSE MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING TERA SERVICES OFFERED TO YOU, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS TERMS OF SERVICE OR ANY SUPPLEMENTAL AGREEMENTS;
    ii. En Masse may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if En Masse believes that doing so may protect your safety or the safety of others;
    iii. you are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

15. 15. Equitable Remedies. . In the event that you breach this Terms of Service, you hereby agree that En Masse would be irreparably damaged if this Terms of Service were not specifically enforced, and therefore you agree that En Masse shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Terms of Service, in addition to such other remedies as En Masse may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Terms of Service, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

16. 16. Governing Law. The laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account. You expressly agree that exclusive jurisdiction for any claim or dispute with En Masse, arising out of or relating in any way to your Account or your use of TERA resides in the federal and state courts within the jurisdiction of the United States District Court for the Central District of California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving En Masse or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

17. 17. Miscellaneous. If any provision of this Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Service and shall not affect the validity and enforceability of any remaining provisions. This Terms of Service is the complete and exclusive statement of the agreement between you and En Masse concerning TERA, and this Terms of Service supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and En Masse; provided, however that this Terms of Service is in addition to, and does not replace or supplant any supplemental agreement. This Terms of Service may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.