BLUE MARS™ TERMS OF SERVICE
LAST REVISION: DECEMBER 17, 2009

1.              Acceptance of Terms

THESE TERMS OF SERVICE ("TERMS OF SERVICE"), AS AMENDED FROM TIME TO TIME AND PUBLISHED AT HTTP://WWW.BLUEMARS/LEGAL/TOS, AND AS INCORPORATING THE BLUE MARS PRIVACY POLICY AVAILABLE AT HTTP://WWW.BLUEMARS.COM/LEGAL/PRIVACY, ARE A LEGAL AGREEMENT BETWEEN YOU AND AVATAR REALITY, INC. ("AVATAR REALITY"). YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE BEFORE USING ANY WEBSITES OWNED, OPERATED, LICENSED AND/OR CONTROLLED BY AVATAR REALITY AND/OR THE COMPUTER GENERATED THREE-DIMENSIONAL MULTI-USER ENVIRONMENT KNOWN AS BLUE MARS ("BLUE MARS") (COLLECTIVELY THE "BLUE MARS SERVICES"). BY USING THE BLUE MARS SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE BLUE MARS SERVICES.

You are responsible for regularly reviewing the Terms of Service. Modifications to the Terms of Service will be effective immediately upon posting. If you are dissatisfied with any modification to the Terms of Service, your only remedy is to terminate your use of the Blue Mars Services, as described in Section 20 of the Terms of Service. Your continued use of the Blue Mars Services after a change or update has been made to the Terms of Service constitutes your acceptance of such change or update.

2.              Eligibility

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE BLUE MARS SERVICES. By using the Blue Mars Services, you represent and warrant that (a) you are 18 years of age or older; (b) all registration information you submit to Avatar Reality is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Blue Mars Services does not violate any applicable law or regulation. Your profile may be deleted and your Account (as defined below) may be terminated without warning if Avatar Reality reasonably believes, in its sole discretion, that you are under 18 years of age.

3.              User Accounts

3.1               Account Creation

To use the Blue Mars Services, you may be required to create a user account ("Account"). If you create an Account, you agree to provide Avatar Reality current, complete, true and accurate information, and to update this information should it change. You agree that Avatar Reality may limit the number of Accounts you are able to create.

3.2               Usernames

If you create an Account, you may be asked to choose a User ID and/or a Player Name (collectively, "Usernames"). You understand that your Usernames will be public, and you agree that you will not use a Username which, in the sole discretion of Avatar Reality:

3.2.1         infringes the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark;

3.2.2         is offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

3.2.3         in any way infringes these Terms of Service;

3.2.4         is associated with another person, including but not limited to another Blue Mars user, a celebrity or other well-known person, or an Avatar Reality representative;

3.2.5         is associated with any religious figure or deity;

3.2.6         comprises an attempt to circumvent any of the foregoing restrictions, by for example, using characters with similar shapes to replace certain characters in Usernames that would otherwise be objectionable.

You understand and agree that although Avatar Reality may implement technological measures to inhibit the use of certain Usernames, the ability to select any particular Username does not indicate that the particular Username complies with these restrictions. You understand and agree that Avatar Reality can change, remove, alter or delete your or other users' Usernames at any time, with or without notice to you, for any reason, including but not limited to for failure to comply with the restrictions of this Section. You further understand and agree that Avatar Reality can take any and/or all such steps in regard to any Username without incurring any further obligation to take such steps in the future with respect to any other Username.

3.3               Account Security

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. YOU MAY NOT USE ANYONE ELSE'S ACCOUNT AT ANY TIME AND YOU MAY NOT ALLOW ANYONE ELSE TO USE YOUR ACCOUNT AT ANY TIME.

You agree to notify Avatar Reality immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence as requested by Avatar Reality. You agree that you will be liable for losses incurred by Avatar Reality or another party due to someone else using your Account or password. You agree that Avatar Reality will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge.

3.4               Account Suspension and Termination

YOU UNDERSTAND AND AGREE THAT Avatar Reality may, AT ITS SOLE DISCRETION and at any time, terminate AND/OR suspend your Blue Mars Account for ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO FOR violation of these terms of service or VIOLATION OF any other published policy related to THE blue mars SERVICES, with or without notice to you. You agree that Avatar Reality shall not be liable for any loss or damage caused, directly or indirectly, by any such termination and/OR suspension. IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED, YOU WILL HAVE NO FURTHER ACCESS TO THE Blue Mars ServiceS AND YOU WILL NOT RECEIVE ANY REFUND OR REIMBURSEMENT FOR ANY CONTENT (AS DEFINED BELOW) AND/OR BLUE MARS DOLLARS CURRENCY BALANCE ASSOCIATED WITH YOUR ACCOUNT, EXCEPT AS EXPRESSLY SET FORTH BY AVATAR REALITY IN WRITING.

4.              Software License and License Limitations

4.1               Software License

The software used to access the Blue Mars Services ("Software") is the copyrighted work of Avatar Reality and its licensors. Subject to your agreement and continuing compliance with the Terms of Service, Avatar Reality hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to use the Software ("License") subject to the license limitations set forth in Section 4.2 (the "License Limitations").

use of the Software in violation of the License Limitations SET FORTH in SECTION 4.2 will IMMEDIATEly REVOKE YOUR LICENSE TO THE SOFTWARE. ANY FURTHER USE OF THE SOFTWARE AFTER YOUR LICENSE HAS BEEN REVOKED WILL BE regarded as an ACT OF infringement of Avatar Reality's copyright rights in and to the Software.

4.2               License Limitations

4.2.1         As a limitation of the license, you agree that you will use the Software solely for the purpose of accessing the Blue Mars Services in accordance with this agreement, and for no other purpose whatsoever.

4.2.2         As a limitation of the license, you agree that you will not, under any circumstances, use the Software in any manner that is unlawful.

4.2.3         As a limitation of the license, you agree that you will not, under any circumstances, use the Software in any manner that could damage, disable, overburden, or impair any Avatar Reality server, the network(s) connected to any Avatar Reality server, or the Blue Mars Services.

4.2.4         As a limitation of the license, you agree that you will not, under any circumstances, use the Software in any manner that reduces the number of users accessing or using or able to access or use the Blue Mars Services.

4.2.5         As a limitation of the license, you agree that you will not, under any circumstances, use the Software in any manner to gain or attempt to gain unauthorized access to the Blue Mars Services, to Content (as defined below) including but not limited to Blue Mars Items, to Blue Mars Dollars, to unpublished information or material, to other users' Account information, or to computer systems and/or networks connected to the Blue Mars Services, other than through the use of the Software as indicated and as provided without modification, including but not limited to through hacking, phishing, password mining, and/or social engineering and/or through the use of hacks, exploits, cheats, bots, automation software, mods or any other unauthorized third-party software designed to modify the Blue Mars experience.

4.2.6         As a limitation of the license, you agree that you will not, under any circumstances, use the Software in any manner that creates, provides or makes use of any alternate means by which the Blue Mars Services may be accessed other than through the use of the Software as indicated and as provided without modification.

4.2.7         As a limitation of the license, you agree that you will not, under any circumstances, use the Software in any manner that reverse engineers, decompiles, or disassembles or attempts to reverse engineer, decompile, or disassemble the Software and/or any aspect of the Blue Mars Services, including but not limited to any proprietary communications protocol used by the Software and/or any aspect of the Blue Mars Services, except to the extent you may be expressly permitted to reverse engineer or decompile under applicable law.

4.2.8         As a limitation of the license, you agree that you will not, under any circumstances, use the Software in any manner that modifies, or causes to be modified, any computer data that is part of the Software or the Blue Mars Services in any manner other than through the use of the Software as indicated and as provided without modification unless expressly authorized by Avatar Reality.

5.              Intellectual Property

5.1               Intellectual Property Rights

"Content" shall mean all digital material in Blue Mars including, without limitation, images, three-dimensional models, textures, photographs, animations, video, audio, text, and scripts. Avatar Reality acknowledges and agrees that to the extent you have such rights under applicable law, and subject to the terms and conditions of this Agreement, you retain any and all applicable (a) copyright rights, including, without limitation, copyright rights in Content you create in and/or upload to Blue Mars, (b) trademark rights, including, without limitation, rights in trademarks, service marks, and other identifiers you create in and/or use in Blue Mars, (c) patent rights resulting from inventions you create in and/or use in Blue Mars, and (d) any and all other intellectual property rights with respect to Content you create in and/or upload to Blue Mars.

You acknowledge and agree that Avatar Reality's acknowledgement hereunder of certain of your intellectual property rights does not constitute a legal opinion or legal advice, and is intended solely as an expression of Avatar Reality's intention not to require you to forego certain intellectual property rights with respect to certain Content made available in Blue Mars as set forth and subject to the limitations herein.

You acknowledge and agree that except as set forth herein, all rights, title and interest in and to the Blue Mars Software and in and to all Content in Blue Mars not created by you, are and shall remain the exclusive property of Avatar Reality, Avatar Reality's licensors, and/or other Blue Mars users. Except as expressly provided herein, Avatar Reality and/or its licensors and/or other Blue Mars Users do not grant you any express or implied rights in and/or to Content and/or the Blue Mars Software, and all right, title and interest in and/or to Content and in and/or to the Blue Mars Software are retained by Avatar Reality and/or its licensors and/or other Blue Mars users.

You acknowledge and agree that you will not upload or otherwise transmit in or through Blue Mars any Content that is subject to any third-party rights unless any and all holders of such rights have expressly authorized such activity.

5.2               No Rights to Data

You acknowledge and agree that even though you may retain certain intellectual property rights with respect to certain Content, you do not own any underlying data, including without limitation, any data representing your Content. You understand and agree that your intellectual property rights do not confer any other rights, including but not limited to real property rights, virtual property rights, rights of access to Blue Mars, or rights to transfer data stored by or on behalf of Avatar Reality.

5.3               Enforcement of Intellectual Property Rights

You acknowledge and agree

5.3.1         that you alone are solely responsible for enforcing your intellectual property rights regarding Content in Blue Mars;

5.3.2         that you are responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder;

5.3.3         that except as provided by law, Avatar Reality will have no liability whatsoever in connection with actions or failures to act with respect to enforcement of your intellectual property rights;

5.3.4         that third parties may attempt to circumvent any procedures and/or features designed to inhibit misuse of your Content and/or infringement of your intellectual property rights, and that Avatar Reality is not responsible for such misuse of your Content or infringement of your intellectual property rights, whether or not Avatar Reality creates procedures and/or features to inhibit such misuse and/or infringement; and

5.3.5         that Avatar Reality may implement procedures and/or features designed to inhibit misuse of your Content without incurring any future obligation to create or maintain, or past or future liability for any failure to create or maintain, any such procedures and/or features.

5.4               Your Grants of Rights

You acknowledge and agree that by submitting Content to Blue Mars, you automatically grant (and represents and warrant that you have the right to grant) the following:

5.4.1         a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Avatar Reality to use, reproduce, distribute, remove, and analyze any of your Content as Avatar Reality may deem necessary or desirable for the purposes of creating, providing, managing, debugging, testing and/or providing support for the Blue Mars Services,

5.4.2         a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Avatar Reality to copy, modify, and reproduce your Content for marketing and/or promotional purposes in connection with Blue Mars in any media, whether presently known or unknown, and

5.4.3         except as set forth herein, the perpetual and irrevocable right to Avatar Reality to delete any or all of your Content from Blue Mars, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party,

5.4.4         to the extent such use is not already protected by "fair use" exceptions to copyright law, and to the extent such use is not prohibited by subsequent agreement or unambiguous published restriction with respect to any particular Content, a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Avatar Reality and to each and every other Blue Mars user to copy, modify, and reproduce audio, video, and images, regarding the visual and audible aspects of your Content for non-commercial and/or journalistic purposes, including but not limited to as machinima video of any resolution, as screenshots of any resolution, and as audio files of any quality, in any format and any media whether presently known or unknown, with or without attribution and with or without notice to you.

6.              Blue Mars Dollars and Blue Mars Items

The Blue Mars Services may include the opportunity for you to pay a fee to gain access to a fictional online currency ("Blue Mars Dollars") which you may then use to gain access to virtual in-game items ("Blue Mars Items") for use exclusively within Blue Mars. Your payment of a fee to gain access to Blue Mars Dollars is final and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of this Agreement, and/or the discontinuation of any or all of the Blue Mars Services.

You acknowledge and agree: (a) that Avatar Reality may change the fee to gain access to Blue Mars Dollars at any time, without notice, for any reason or for no reason, (b) that the amount of Blue Mars Dollars necessary to access certain Blue Mars Items may fluctuate, and (c) that Avatar Reality has no liability to you for any changes in the fee to gain access to Blue Mars Dollars and/or the amount of Blue Mars Dollars necessary to access Blue Mars Items.

Avatar Reality reserves the right, without prior notification, to limit the quantity of Blue Mars Dollars you can pay a fee to access and/or to refuse to provide you with the option to pay additional fees to access additional Blue Mars Dollars. Verification of certain information applicable to certain transactions involving Blue Mars Dollars and/or Blue Mars Items may be required prior to our acceptance thereof.

You acknowledge and agree that Avatar Reality shall have no liability for loss of Blue Mars Dollars and/or Blue Mars Items from your Account due to hacking, phishing, password mining, and/or social engineering and/or through the use of hacks, exploits and/or cheats. Avatar Reality may replace certain such lost Blue Mars Dollars and/or Blue Mars Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any further obligation or liability.

YOU ACKNOWLEDGE AND AGREE THAT BLUE MARS DOLLARS AND BLUE MARS ITEMS HAVE NO MONETARY OR REDEMPTION VALUE AND THAT BLUE MARS DOLLARS AND BLUE MARS ITEMS MERELY REPRESENT A MEANS TO ACCESS CERTAIN FEATURES OF THE BLUE MARS SERVICES IF, WHEN AND TO THE EXTENT ALLOWED BY AVATAR REALITY, IN ITS SOLE DISCRETION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT REGARDLESS OF ANY CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR ACCESS TO BLUE MARS DOLLARS AND/OR TO BLUE MARS ITEMS, AND REGARDLESS OF ANY SIMILARITY BETWEEN BLUE MARS DOLLARS AND/OR BLUE MARS ITEMS AND ACTUAL CURRENCY AND/OR ACTUAL ITEMS, YOU DO NOT HAVE ANY RIGHTS BEYOND THOSE SET FORTH IN THIS AGREEMENT REGARDING BLUE MARS DOLLARS AND/OR BLUE MARS ITEMS. SPECIFICALLY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO REAL PROPERTY RIGHTS WITH RESPECT TO BLUE MARS DOLLARS AND/OR BLUE MARS ITEMS, ANY VIRTUAL PROPERTY RIGHTS WITH RESPECT TO BLUE MARS DOLLARS AND/OR BLUE MARS ITEMS, RIGHTS OF ACCESS TO BLUE MARS, OR RIGHTS TO ANY DATA STORED BY OR ON BEHALF OF AVATAR REALITY.

7.              Charges and Billing

7.1               Fees

You agree to pay all fees or charges incurred by your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Avatar Reality may add new services for additional fees and charges, or amend fees and charges for existing services going forward, at any time in its sole discretion. Avatar Reality will provide at least fourteen (14) days notice before changing fees for existing services going forward. Unless otherwise indicated, all prices are in US Dollars and do not include charges for telecommunications services, computer hardware, and equipment. You acknowledge and agree that you are solely responsible for obtaining and maintaining all telecommunications services, computer hardware, and equipment needed to access and use the Blue Mars Services.

7.2               Subscriptions

You may have the opportunity to purchase automatically renewing subscriptions for access to certain Blue Mars Services ("Subscriptions"). If you wish to terminate an automatically renewing subscription, you may do so using the account tools provided via Blue Mars Services.

YOUR PURCHASE OF A SUBSCRIPTION IS FINAL, AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE, OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR AVATAR REALITY ACCOUNT FOR ANY REASON OR NO REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE BLUE MARS SERVICES.

7.3               Billing Information

You agree that to the extent that you provide Avatar Reality payment information, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment system identifying number and, where applicable, expiration date, and billing address, will be current, complete, true and accurate.

8.              Service Termination, Suspension and Changes

Avatar Reality reserves the right to TERMINATE, SUSPEND, OR change any service or feature provided by Avatar Reality, including, without limitation, the Blue Mars Services, at any time, for any reason or no reason, with or without notice to you. You agree that Avatar Reality shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, OR change. IN THE EVENT THAT the Blue Mars Services ARE TERMINATED, SUSPENDED, OR CHANGED, YOU WILL NOT RECEIVE ANY REFUND, NO BLUE MARS ITEMS OR BLUE MARS DOLLARS WILL BE CONVERTED TO CASH OR ANY OTHER FORM OF REIMBURSEMENT, NO BLUE MARS ITEMS OR BLUE MARS DOLLARS WILL BE MADE AVAILABLE FOR TRANSPORT TO ANY OTHER THREE DIMENSIONAL VIRTUAL NETWORKED ENVIRONMENT, AND YOU WILL HAVE NO FURTHER ACCESS TO THE Blue Mars ServiceS.

9.              Communication Services

The Blue Mars Services may include communication facilities to enable you to communicate with other users via, by way of example and not limitation, e-mail services, bulletin board services, newsgroups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or text, voice and video chat areas (collectively the "Communication Services").

You agree to use the Communication Services only to post, send, and receive communications that are in accordance with the rules of conduct set forth in Section 10. Avatar Reality reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason or for no reason.

Avatar Reality is not responsible for communications made via the Communication Services. You acknowledge that communications made via the Communication Services are not controlled or endorsed by Avatar Reality, and that such communications shall not be considered reviewed, screened or approved by Avatar Reality.

Communications made via the Communication Services reflect only the views of their authors. Avatar Reality specifically disclaims any liability with regard to communications made via the Communication Services and disclaims any liability with regard to any actions resulting from your participation in any Communication Services.

Some users may have managerial or moderator status with respect to the Communication Services. Unless specifically so designated, such users are not authorized Avatar Reality spokespersons, and their views do not necessarily reflect those of Avatar Reality.

Avatar Reality has no obligation to monitor the Communication Services, however, Avatar Reality reserves the right to remove and/or block any communications made via the Communication Services at any time, without notice, for any reason or for no reason.

Avatar Reality is not responsible for your communications made via the Communication Services. You acknowledge and agree that your communications made via the Communication Services are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Services. You acknowledge and agree that personal information that you communicate via the Communication Services may be seen and used by others and result in widespread distribution of such information. Avatar Reality strongly encourages you not to disclose any personal information in your public communications via the Communication Services unless you wish such information to be made public.

You acknowledge and agree that Avatar Reality has the right, but not the obligation, to monitor any communications made via the Communication Services, to alter, remove, or refuse to post or allow to be posted or stored any communications made via the Communication Services, to monitor and/or filter any communication made via the Communication Services, and to disclose any communications made via the Communication Services and the circumstances surrounding the transmission thereof, to any third party in order, (a) to operate the Blue Mars Services, (b) to protect Avatar Reality and its employees, officers, directors, shareholders, agents, representatives, affiliates, users, and visitors, (c) to comply with legal obligations or governmental requests, or (d) to enforce this Agreement.

10.          Rules Of Conduct

You agree that you may not access the Blue Mars Services to:

10.1           Publish, post, upload, transmit, distribute, disseminate or otherwise make available surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

10.2           Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

10.3           Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or otherwise offensive or objectionable.

10.4           Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material or information, including but not limited to images, photographs, sound files, text files, graphics files, and videos that infringe any copyright, trademark, patent, trade secret, privacy, publicity, or other right of any party.

10.5           Publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the Blue Mars Services, other users' access to the Blue Mars Services and/or other users' computers.

10.6           Except as expressly authorized by Avatar Reality in writing, advertise or offer to sell or buy any goods or services for any purpose.

10.7           Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.

10.8           Restrict or inhibit any other user from using and enjoying the Services, including but not limited to by disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all capital letters) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text).

10.9           Collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.

10.10       Violate any applicable laws or regulations, or promote or encourage any illegal activity.

10.11       Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material regarding hacking, cracking, exploiting, or use of the Software and/or the Blue Mars Services in any manner other than as indicated and as provided without modification unless expressly authorized by Avatar Reality.

10.12       Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another Blue Mars User, a celebrity or other well known person, or an Avatar Reality representative.

10.13       Collect in any manner information regarding users of the Blue Mars Services, or other user or usage information or any portion thereof, or distribute such information to any third party.

10.14       Gain or attempt to gain unauthorized access to the Blue Mars Services, to Content including but not limited to Blue Mars Items, to Blue Mars Dollars, to unpublished information or material, to other users' Account information, or to computer systems and/or networks connected to the Blue Mars Services, to other than through the use of the Software as indicated and as provided without modification, including but not limited to through hacking, phishing, password mining, and/or social engineering.

10.15       Make false reports to Avatar Reality administrators.

10.16       Publish, post, upload, transmit, distribute, disseminate or otherwise make available any hacks, exploits, cheats, bots, automation software, mods or any other unauthorized third-party software designed to modify the Blue Mars experience.

10.17       Resell or make any commercial use of the Blue Mars Services without the prior express written consent of Avatar Reality.

10.18       Engage in fraudulent transactions including, without limitation, in-world virtual transactions.

10.19       Offer to transfer, buy, auction, rent, lease, loan or sell access to your Blue Mars Account, Blue Mars Dollars, and/or Blue Mars Items, except as specifically authorized by Avatar Reality.

10.20       Publish, post, upload, transmit, distribute, disseminate or otherwise make available any game error, exploit, miscue or bug which gives an unintended advantage.

11.          Newsletters

By providing your email address to Avatar Reality and subscribing to the Avatar Reality newsletter(s), you understand you may receive periodic information regarding current and future services offered on the Blue Mars Services. You may unsubscribe at any time by following the directions contained in each newsletter.

12.          Jurisdictional Issues and Export Control Laws

The Blue Mars Services are controlled and operated by Avatar Reality from its offices within the United States. Avatar Reality makes no representation that Software and other materials available through the Blue Mars Services are appropriate or available for use in other locations. Those who choose to access the Blue Mars Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content, Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. To the extent you access Blue Mars from a region where such laws apply, you further agree not to upload to the Blue Mars Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

The Software may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or on any such list.

13.          Links to Third-Party Sites

Blue Mars Services may link to third party sites ("Linked Sites"). These Linked Sites are not controlled by Avatar Reality. Avatar Reality is not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. Avatar Reality provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Avatar Reality of any Linked Site.

14.          Disclaimer of Warranty; Limitation of Liability

To the maximum extent allowed by law, neither Avatar Reality nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "Avatar Reality Parties") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Blue Mars Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, Avatar Reality may scan your computer to confirm it meets minimum system specifications.

YOU EXPRESSLY AGREE THAT THE USE OF THE BLUE MARS SERVICES IS AT YOUR SOLE RISK. THE BLUE MARS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. AVATAR REALITY PROVIDES THE BLUE MARS SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE BLUE MARS SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT AVATAR REALITY WILL HAVE ADEQUATE CAPACITY FOR THE BLUE MARS SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE AVATAR REALITY PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF BLUE MARS, LOSS OF BLUE MARS ITEMS OR BLUE MARS CURRENCY FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE AVATAR REALITY PARTIES, BY THIRD PARTIES, OR BY YOU OR OTHER USERS.

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE BLUE MARS SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE AVATAR REALITY PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE BLUE MARS SERVICES OR USE OF THE BLUE MARS SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AVATAR REALITY IS TO STOP USING THE BLUE MARS SERVICES, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE AVATAR REALITY PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO AVATAR REALITY OR ITS DESIGNEES DURING THE PRIOR 30 DAY PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE AVATAR REALITY PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE BLUE MARS SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE BLUE MARS SERVICES OR INTERACTIONS WITH AVATAR REALITY.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF AVATAR REALITY AND THE AVATAR REALITY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. AVATAR REALITY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH BLUE MARS SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE AVATAR REALITY PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE BLUE MARS SERVICES FOR ANY PURPOSE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE BLUE MARS SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

AVATAR REALITY EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF THE BLUE MARS SERVICES. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES.

YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, AVATAR REALITY SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, INCLUDING, BUT NOT LIMITED TO, ACCOUNT, AVATAR, SKILLS AND/OR VIRTUAL ITEMS AND/OR CURRENCIES, FOR ANY REASON WHATSOEVER.

15.          Jurisdiction and Choice of Law

Any and all disputes between You and Avatar Reality relating to your use of the Blue Mars Services, except as set forth in Section 16 with regard to arbitration of claims of less than $10,000, shall be subject to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California and shall be governed by, and will be construed under the law of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access the Blue Mars Services from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.

16.          Arbitration

Any disputes between you and Avatar Reality relating to your use of Blue Mars Services that involve a claim of less than $10,000 shall be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association ("AAA"). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and Avatar Reality agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

17.          Assignment

Avatar Reality may assign these Terms of Service, in whole or in part, at any time. With the exception of any intellectual property rights you may own as set forth in Section 5, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without Avatar Reality's express prior written consent.

18.          Indemnity

You agree to defend, indemnify and hold harmless Avatar Reality and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys fees) arising out of (a) your use of, or activities in connection with the Blue Mars Services; (b) any violation of these Terms of Service by you or through your Account; or (c) any allegation that any Content that you make available via the Blue Mars Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

19.          Notice

Notices to you may be made via posting to the Blue Mars Services, by email, or by regular mail, in Avatar Reality's sole discretion. Avatar Reality may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices.

20.          Termination of Agreement and Survivability of Terms

This Agreement is effective until terminated. Avatar Reality may terminate this Agreement with or without notice to you by terminating your Account as set forth in Section 3. You may terminate this Agreement and your Account by following the procedures set forth on the Blue Mars website. The provisions of Sections 3 through 9 and 14 through 24 shall survive any termination of this Agreement.

21.          Severability

If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

22.          Complete Agreement

These Terms of Service, including the documents expressly incorporated by reference, constitute the entire Agreement between you and Avatar Reality with respect to its subject matter. This Agreement supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Avatar Reality with respect to its subject matter and you represent that you have not relied on any such communications in accepting this Agreement.

23.          Acknowledgements

You hereby acknowledge and agree that:

WHEN RUNNING, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE BLUE MARS SERVICES. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE BLUE MARS SERVICES, WOULD CONSTITUTE A VIOLATION OF THESE TERMS OF USE. IN THE EVENT THAT THE BLUE MARS SERVICES DETECT AN UNAUTHORIZED THIRD PARTY PROGRAM, THE SOFTWARE MAY COMMUNICATE INFORMATION BACK TO AVATAR REALITY, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED, AND AVATAR REALITY MAY IMMEDIATELY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

WHEN THE SOFTWARE IS RUNNING, AVATAR REALITY 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 THE BLUE MARS SERVICES, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT.

24.          General Provisions

Avatar Reality's performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Avatar Reality's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Blue Mars Services or information provided to or gathered by Avatar Reality with respect to such use.

Avatar Reality makes no representation that any aspect of the Blue Mars Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Blue Mars Services from other locations are responsible for compliance with applicable local laws.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Avatar Reality shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Avatar Reality.

A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Avatar Reality's failure to enforce at any time any of the provisions of these Terms of Service shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by Avatar Reality of any provision, condition or requirement of these Terms of Services shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

The parties agree that all correspondence relating to this Agreement shall be written in the English language.