The KABloom Interactive LLC Terms for Use of Services

Extreme Velocity is only for your personal use. You may not sell or exchange anything you copy from Extreme Velocity or use it for any business or commercial purpose. As long as you comply with the terms of this Agreement, Extreme Velocity grants you a non-exclusive, non-transferable, limited right to enter, use, perform and display Extreme Velocity and everything on it. You agree not to interrupt or attempt to interrupt the operation of Extreme Velocity in any way.

A. Do you have to provide personal information to interact with The Game or any other part of Extreme Velocity?

B. What kind of personal information will Extreme Velocity ask you to provide and why?

• In order to register for Extreme Velocity, we require you to provide us with the following personal information: your name, full e-mail address, country of residence, zip/postal code, birthdate and gender. You can opt whether or not to provide the following additional personal information when registering for Extreme Velocity: your education level, marital status, income level and the number of children in your household.
• Other kinds of personal information will be required for sweepstakes, contest registration and other features of Extreme Velocity.
• REMEMBER : Extreme Velocity will not collect any personal information about you unless you provide it to us voluntarily.
• ALSO, REMEMBER: Personal information voluntarily disclosed by you within Extreme Velocity’s chat areas, message boards or during game play can be collected by other users of such services and may result in unsolicited messages.

C. How does Extreme Velocity use your personal information?

D. What are "Cookies" and how are they used?

• Cookies are small files that may be downloaded to your computer to help the operator of a Web site understand your usage patterns on that site. They may also improve the performance of a site for an individual by storing on your computer such items as user passwords, computer configuration, browser type, etc.

• Other Web sites are linked to Extreme Velocity, including those of advertisers whose ads appear on Extreme Velocity. Those sites may have different privacy policies.
• If you click on a hyperlink or an advertisement, you will be leaving Extreme Velocity and you may go to a site where different information is collected about you. Extreme Velocity does not know, and is not responsible for, what other Web sites do with your personal information.

• If you are under 18 years of age, you need to let your parent or guardian know about Extreme Velocity’s privacy policy and get his/her permission before giving us any of your personal information, even information required for Extreme Velocity registration.
• Also, get your parent’s or guardian’s permission before using the message board or chat features of The Game.
• Don’t post your real name on a Web site, and never tell anyone online anything private about yourself or your family, including your phone number and address. Use screen names at all times.
• If you win a contest that has a prize, your parent or guardian will have to mail or fax us a signed note at the address or fax number listed in the rules for the specific contest that says it was OK for you to enter, and tells us they will accept the prize for you.
• You will be told to ask a parent before you pay for anything on Extreme Velocity if you are under 18. (If you buy anything online, you or your parents may send it back within thirty days if you don’t open it.)
• Some areas of this Web site may have special rules for children under the age of 18. When you are in those areas you must follow those rules.

Extreme Velocity’s communication features (e.g., Game, Message Boards, Chat Room, Forums etc) are free services provided to members of Extreme Velocity. By using any of Extreme Velocity’s communication features, you agree to be bound by the following terms and conditions. If you do not wish to be bound by these terms, then please do not use them. You understand that all messages appearing in Extreme Velocity’s communication features are the sole responsibility of those persons posting the message. This means that you, and not Extreme Velocity, are entirely responsible for all information and material that you post there. Extreme Velocity has no obligation to monitor or supervise Extreme Velocity’s communication features, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion. Extreme Velocity does not control the content of any postings in Extreme Velocity’s communication features and does not guarantee the accuracy, integrity or quality of anything within them. You understand that by using Extreme Velocity’s communication features, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Extreme Velocity be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within Extreme Velocity’s communication features. You acknowledge that they are forums for public and not private communications. Extreme Velocity retains the right to terminate Extreme Velocity membership of any Game member who violates the following Rules of Conduct. Also, please carefully review Extreme Velocity’s policies concerning submission of creative ideas, suggestions and materials, located in Section 4 of Extreme Velocity’s General Terms and Conditions.

1. Rules of Conduct

You agree not to do any of the following while on Extreme Velocity:

1. Disobey any rule located at http://www.extremevelocity3d.com/chatroom/rules.html
2. cheat, abuse, attempt to abuse, circumvent, or otherwise do anything that would cause an unfair advantage over the system or other users.
3. decompile, reverse engineer, or modify the game executable or files contained in the installation or cause it's undesired operation.
4. transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
5. impersonate any person or entity, including but not limited to, a Game official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
7. post or transmit any Content that contains a virus or corrupted data;
8. delete any author attributions, legal notices or proprietary designations or labels that you upload to a Game communication feature;
9. use Extreme Velocity’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps] or flooding [continuous posting of repetitive text]);
10. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
11. intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and
12. upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.

By submitting (e.g., uploading) Content to a Game communication feature, you automatically grant Extreme Velocity the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived.

Extreme Velocity and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in Extreme Velocity’s communication features. Without limiting the foregoing, Extreme Velocity and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold Extreme Velocity 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.

The Message Boards may provide and users may include in messages, links to other Web sites or resources. Extreme Velocity is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Extreme Velocity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Some contents and/or services on Extreme Velocity may be offered to you on a fee basis. If you elect to purchase fee-based content and/or services and transmit to Extreme Velocity a purchase request, you warrant that your use of the particular credit card is authorized and that all information that you submit is true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all fees you incur. Any account name and password supplied to you in connection with fee-based content and/or service you purchase is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your co-workers. Any distribution by you of such account name and password may result in cancellation of the fee-based content and/or service without refund and in additional charges based on unauthorized use.

A. All contents of this Web Site are: Copyright© 2000-06 Extreme Velocity and/or its parent and affiliated companies and/or its suppliers, P.O. Box 192, Parker Idaho 83438 All rights reserved. Extreme Velocity is for the personal, non-commercial use of users.

B. Extreme Velocity and the Extreme Velocity logo are trademarks of KABloom Interactive LLC. All other product and company names appearing on extremevelocity3d.com or any other website controled by KABloom Interactive LLC are the tradenames, trademarks or registered trademarks of their respective owners.

Extreme Velocity, including, without limitation, all communication features of Extreme Velocity, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of Extreme Velocity and each area contained therein are copyrighted as a collective work under the United States copyright laws. Extreme Velocity owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on Extreme Velocity (including, without limitation, content that Extreme Velocity enables you to download) without the express written permission of Extreme Velocity and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from Extreme Velocity is allowed by you only for your own use. You acknowledge that Extreme Velocity and/or third-party content providers remain the owners of all materials posted on Extreme Velocity, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

A. Extreme Velocity is pleased to hear from its customers and welcomes your comments regarding Extreme Velocity's online services. Unfortunately, however, Extreme Velocity's long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Extreme Velocity's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

B. If at our request you send certain specific submissions (e.g., postings to a Game communication feature or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Extreme Velocity. None of the Submissions shall be subject to any obligation of confidence on the part of Extreme Velocity, and Extreme Velocity shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Extreme Velocity shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatExtreme Velocityver, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.

A. Any software that is made available to download from this Web site ("Software") is the copyrighted work of Extreme Velocity and/or the KABloom Interactive LLC Family and/or suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement unless the end user first agrees to the License Agreement terms. For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: Extreme Velocity hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and other use of this Web site in accordance with these terms of use, and for no other purpose. Please note that all Software, including, without limitation, all HTML code contained in this Web site, is owned by Extreme Velocity and/or the KABloom Interactive LLC Family and/or suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

B. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Extreme Velocity HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

A. NEITHER Extreme Velocity, THE KABloom Interactive LLC FAMILY, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON Extreme Velocity, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATExtreme VelocityVER, INCLUDING, WITHOUT LIMITATION, THAT Extreme Velocity WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Extreme Velocity OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH Extreme Velocity, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF Extreme Velocity.

B. Extreme Velocity AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE Game, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF Extreme Velocity, IS AT YOUR SOLE RISK.

A. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 7 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 Extreme Velocity, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

B. IN NO EVENT WILL Extreme Velocity, THE KABloom Interactive LLC FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON Extreme Velocity, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE Extreme Velocity, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF Extreme Velocity OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH Extreme Velocity OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO Extreme Velocity, EVEN IF Extreme Velocity WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

C. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY Extreme Velocity PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE Game, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF Extreme Velocity.

D. NEITHER Extreme Velocity NOR THE KABloom Interactive LLC FAMILY ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE Game, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF Extreme Velocity, BY ANYONE OTHER THAN AUTHORIZED Extreme Velocity EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL Extreme Velocity, THE KABloom Interactive LLC FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON Extreme Velocity, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH Extreme Velocity, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF Extreme Velocity. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH Extreme Velocity, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF Extreme Velocity. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

E. NEITHER Extreme Velocity NOR THE KABloom Interactive LLC FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH Extreme Velocity AND NEITHER Extreme Velocity NOR THE KABloom Interactive LLC FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Either Extreme Velocity or you may terminate this Agreement at any time. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part. You may terminate this Agreement at any time by not using Extreme Velocity. We can terminate the Agreement by asking you to stop using Extreme Velocity, and, if necessary, by preventing your access to Extreme Velocity. Upon termination of this Agreement, you shall have no further rights to use Extreme Velocity or its services. Your only right and remedy with respect to any dissatisfaction with Extreme Velocity is to terminate this Agreement, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of Extreme Velocity in operating Extreme Velocity, (ii) content available through Extreme Velocity, or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, Extreme Velocity shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to all or any part of Extreme Velocity, without notice, in the event of any conduct by you which Extreme Velocity, in its sole discretion, considers to be unacceptable, or for conduct that Extreme Velocity believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by Extreme Velocity on Extreme Velocity, or for other conduct which Extreme Velocity believes, in its sole discretion, is harmful to Extreme Velocity, other Game Members or other users of Extreme Velocity. Extreme Velocity reserves the right to deny registration of any individual as a Game Member and to deny access to Extreme Velocity to any individual. All of the Sections of the General Terms and Conditions of this Agreement survive termination of this Agreement.

You agree to indemnify and hold harmless Extreme Velocity, the KABloom Interactive LLC Family and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys’ fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of Extreme Velocity, including, without limitation, all communication features of Extreme Velocity.

You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by Extreme Velocity. Extreme Velocity and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.

This site is controlled and operated by Extreme Velocity from its offices within the State of Idaho, United States of America. Extreme Velocity makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access Extreme Velocity 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. Software from Extreme Velocity is further subject to United States export controls. No software from Extreme Velocity may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

This Agreement constitutes the entire agreement between Extreme Velocity and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be construed in accordance with the laws of the State of Idaho, without regard to Idaho's principles of conflict of laws. You hereby consent to personal jurisdiction by the state and federal courts sitting in the State of Idaho. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.