TERMS AND CONDITIONS OF USE
updated June 12th, 2011

Acceptance of Terms

This Terms of Use Agreement (the “Agreement”) applies to certain websites of Project Aurora Games, LLC (“Project Aurora Games”, “we”, “our”, or “us” or the “Project Aurora Games Websites”), including, without limitation, those related to The Spirit of Exploration whether under the www.spiritofexploration.com site or otherwise, and those listed under www.projectauroragames.com or otherwise. By visiting, accessing, or using the Project Aurora Games Websites or any portion thereof , you agree that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of any of the Project Aurora Games Websites or any portion thereof.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Project Aurora Games Websites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not visit, use or access (or continue to access) the Project Aurora Games Websites or any of our products and services. This Agreement applies to all visitors, users, and others who access the Project Aurora Games Websites (“Users”). The Agreement incorporates by reference our Privacy Statement, or any Supplemental Terms, schedules, exhibits and related materials that are attached or referenced herein. It is your responsibility to review this Agreement from time to time for any changes as it creates a binding legal agreement between you and us. You do not have to register in order to visit the Project Aurora Games Websites. In the future, though, we may allow you to register with the Project Aurora Games Websites and create a “User” account, or sign up for notifications or for use of our products and services.

Permission to Use the Site

Subject to all of the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to access the Project Aurora Games Websites and view our Content (as defined below). We reserve all rights not expressly granted herein in the Project Aurora Games Websites and the Content (as defined below). We may terminate this license at any time for any reason or no reason.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Project Aurora Games Websites in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders”, or “offline readers”, to access the Project Aurora Games Websites in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) using any “bot”, spider, site search/retrieval tool or utility, or any other manual or automated technique, to collect, extract, index, mine, or otherwise seek to obtain any data or information from Project Aurora Games, Project Aurora Games Websites, or any User, or in any manner compromise, degrade or circumvent the navigational structure or the presentation of the Project Aurora Games Websites, or the display or performance of the Content of the Project Aurora Games Websites; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Project Aurora Games Websites; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through the Project Aurora Games Websites; (viii) collecting or harvesting any personally identifiable information from the Project Aurora Games Websites (ix) using the Project Aurora Games Websites for any commercial solicitation purposes not specifically approved by an authorized representative of Project Aurora Games; (x) using the Project Aurora Games Websites or any Content or products obtained through the Project Aurora Games Websites for any resale or commercial use; (xi) collecting or using any product listings, descriptions, or prices on the Project Aurora Games Websites; (xii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xiii) interfering with the proper working of the Project Aurora Games Websites; or, (xiv) bypassing the measures we may use to prevent or restrict access to the Project Aurora Games Websites. We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Project Aurora Games Websites and/or any of our products and services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You further understand and agree that Project Aurora Games has the right, but not the obligation, to remove in whole or in part any Content related to the Project Aurora Games Websites, including without limitation all data and Content residing on our servers, at any time for any or no reason, with or without notice and with no liability to us of any kind.

The Project Aurora Games Websites or portions thereof are subject to scheduled and unscheduled site interruptions. All aspects of the Project Aurora Games Websites are subject to change or elimination at our sole discretion. We reserve the right to interrupt the Project Aurora Games Websites with or without prior notice for any reason or no reason. You agree that Project Aurora Games is not liable to you for any interruption of the Project Aurora Games Websites or any portion thereof, or any delay or failure to provide the Project Aurora Games Websites or any portion thereof.

Our Proprietary Rights

The Project Aurora Games Websites and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, trademarks, trade names, photographs, audio, videos, and music (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Project Aurora Games, and our partners and licensors.

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or Content accessible on the Project Aurora Games Websites. Use of the Content or materials on the Project Aurora Games Websites for any purpose not expressly permitted by this Agreement is strictly prohibited. In the event any photograph used on the Project Aurora Games Websites is demonstrably in the public domain, you may use any such photograph in any permissible manner subject to any requirements related to such photograph or content. Project Aurora Games does not warrant or represent that the manner of display or use of any such materials constitutes the full or proper manner of display or use of such materials (including any credit requirements thereof) and you shall be solely responsible for ensuring that any use of any public domain images or other content complies with any and all requirements thereof.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and trade name rights, service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction worldwide.

Designated Agent Under The Digital Millennium Copyright Act

Project Aurora Games respects the intellectual property of others and we expect our users to do the same. If you are a copyright owner or authorized to act on behalf of a copyright owner and believe that any content or material provided through or in connection with the Service infringes any copyright you own or for which you are authorized to act on behalf of the copyright owner, please provide Project Aurora Games Notice with written or electronic notice containing the following:

DMCA Notice of Alleged Infringement (“Notice”)

  1. A description of the copyrighted work(s) you claim has been infringed.
  2. A description of the allegedly infringing content or material, including the location on the Service of the allegedly infringing content or material with sufficient detail to enable us to locate it on the Service.
  3. Your address, telephone number, and email address.
  4. Both of the following statements outlined in the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed."
  5. Your full legal name and your electronic or physical signature.

Please send all of the above to:
Copyright Agent c/o Project Aurora Games, LLC
37-63 83rd Street, #141
Jackson Heights, NY 11372
Main: (718) 595-2018
Fax: (718) 228-6234

Or by e-mail to:
copyright@projectauroragames.com

Eligibility/Representations and Warranties

You shall be solely responsible for your use of the Project Aurora Games Websites and all activity undertaken by you while visiting the Project Aurora Games Websites.

This Project Aurora Games Websites are intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Project Aurora Games Websites by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. In connection with your use of the Project Aurora Games Websites, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following: You are at least eighteen (18) years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Privacy

We care about the privacy of our Users. Please visit www.spiritofexploration.com or www.projectauroragames.com for our full privacy statement, which is incorporated by reference in this Agreement as if it is fully set forth herein. By using the Project Aurora Games Websites, you are consenting to have your personal data transferred to and processed in the United States.

Third-Party Websites, Advertisers or Sites: As set forth in our Privacy Statement, the Project Aurora Games Websites may contain links to third-party websites, advertisers, or sites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. If you access a third party website from the Project Aurora Games Websites, you do so at your own risk, and you understand that this Agreement and our Privacy Statement do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website or third party owned content. Additionally, your dealings with or participation in promotions of advertisers that may be found on the Project Aurora Games Websites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we are not responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Project Aurora Games Websites, and to read the terms and conditions and privacy policy of any third-party website that you visit.

Indemnity

You agree to defend, indemnify and hold harmless Project Aurora Games, and its contractors, subsidiaries, agents, managers, partners, suppliers, advertisers, product and Project Aurora Games Website providers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys and experts fees) arising from: (i) your use of and access to the Project Aurora Games Websites and any of our products and services, including any data or Content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; and (iv) your violation of any law, rule or regulation of the United States or any other country.

No Warranty

THE PROJECT AURORA GAMES WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE PROJECT AURORA GAMES WEBSITES IS AT YOUR OWN RISK. THE PROJECT AURORA GAMES WEBSITES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROJECT AURORA GAMES, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE PROJECT AURORA GAMES WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PROJECT AURORA GAMES WEBSITES IS ACCURATE, RELIABLE OR CORRECT; THAT THE PROJECT AURORA GAMES WEBSITES WILL MEET YOUR REQUIREMENTS; THAT THE PROJECT AURORA GAMES WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PROJECT AURORA GAMES WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROJECT AURORA GAMES WEBSITES IS OBTAINED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULT FROM SUCH PROCUREMENT.

PROJECT AURORA GAMES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR WEBSITES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PROJECT AURORA GAMES WEBSITES OR ANY HYPERLINKED WEBSITE OR SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PROJECT AURORA GAMES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SITES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROJECT AURORA GAMES, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PROJECT AURORA GAMES WEBSITES. UNDER NO CIRCUMSTANCES WILL PROJECT AURORA GAMES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PROJECT AURORA GAMES WEBSITES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROJECT AURORA GAMES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE PROJECT AURORA GAMES WEBSITES OR ANY SITES OR PRODUCTS OBTAINABLE FROM THE PROJECT AURORA GAMES WEBSITES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PROJECT AURORA GAMES WEBSITES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, OR THE SERVERS WHICH ARE USED BY PROJECT AURORA GAMES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROJECT AURORA GAMES WEBSITES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PROJECT AURORA GAMES WEBSITES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PROJECT AURORA GAMES WEBSITES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROJECT AURORA GAMES’ LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR TO ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF FIVE DOLLARS ($5) IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PROJECT AURORA GAMES WEBSITES.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PROJECT AURORA GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Export Control

You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Project Aurora Games Websites, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. The Project Aurora Games Websites are controlled and operated from facilities in the United States. We make no representations that the Project Aurora Games Websites or any portions thereof are appropriate or available for use in other locations. Those who access or use the Project Aurora Games Websites from other jurisdictions do so of their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Project Aurora Games Websites if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Project Aurora Games Websites are solely directed to individuals, companies, or other entities located in the U.S.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

General

  1. Governing Law and Legal Actions. You agree that: (i) the Project Aurora Games Websites shall be deemed solely based in New York; and (ii) the Project Aurora Games Websites shall be deemed a passive site(s) that does not give rise to personal jurisdiction over Project Aurora Games, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by and construed under the laws of the State of New York, excluding that body of law related to choice of laws, and of the United States of America. Any action or proceeding brought to enforce the terms of this Agreement or adjudicate any dispute arising out of this Agreement shall be submitted to confidential binding arbitration, before a single arbitrator, in New York, New York under the prevailing rules of the American Arbitration Association. The award may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms will be joined to an arbitration involving any other party subject to these terms, whether through class arbitration proceedings or otherwise.

    Notwithstanding the foregoing, we may seek injunctive or other appropriate relief for any intellectual property related claims in any state or federal court in the state of New York, and you hereby consent to the exclusive personal jurisdiction and venue of such courts.

    If you refuse or otherwise fail to fulfill any of your material obligations pursuant to this Agreement, including, without limitation, any indemnity obligation hereunder, Project Aurora Games shall be entitled, in addition to any other rights and remedies available to it hereunder or otherwise at law or in equity, to reimbursement for its costs and expenses (including arbitration fees, or any costs and reasonable fees for attorneys and expert witnesses) incurred with respect to bringing and maintaining any action regarding any such matter.

  2. Project Aurora Games may terminate or suspend any and all Services and any account immediately, without prior notice or liability, for any reason, including if you breach any of the terms or conditions of the Terms & Conditions. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  3. Notification Procedures. We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users.

  4. Entire Agreement/Severability. This Agreement, together with our Privacy Statement and any other legal notices and agreements published by us via the Project Aurora Games Websites, shall constitute the entire agreement between you and Project Aurora Games concerning the Project Aurora Games Websites. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

  5. Our failure or delay in exercising any right, power or privilege under these Terms and Conditions shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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

  7. Production partners and co-branded sites. By using the Project Aurora Games Websites and any of our products and services, you agree that such sites are wholly owned and operated by Project Aurora Games, notwithstanding any co-branding or other use of our partner’s names or marks within the sites or the products. You therefore understand and agree that any claims, inquiries, or complaints related to the Project Aurora Games Websites shall be directed solely to Project Aurora Games, and that any and all partners or other affiliated companies listed whether in the name of the product or the site shall be covered under all warranties and disclaimers of liability under this Agreement in connection with the use of the Project Aurora Games Websites and any products and services related thereto.