TERMS OF USE

Acceptance of Contract Terms

The following are terms of a legal agreement between you and Total Emersion Studios. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. Total Emersion Studios reserves the right to change these Terms of Use and other guidelines or rules posted on the Site at its sole discretion. You should periodically check the Terms of Use and Privacy Policy posted on this Site to review the current terms and guidelines applicable to your use. Your continued use of the Site after such revisions constitutes your acceptance of these revisions. The material provided on this Site , including without limitation and copyrights, trademarks, trade names belonging to Total Emersion Studios, is protected by law, including, but not limited to, United States Copyright Law and international treaties.

Use Restrictions

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Total Emersion Studios server, or the network(s) connected to any Total Emersion Studios server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any services, accounts, systems or networks connected through hacking, password mining or any other means. Without limitation, you agree that when using the Site, you will not:

• Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

• Upload, or otherwise use or make available, materials or files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws unless you own or control the rights thereto or have received all necessary consent to do the same.

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

• Use or access the Site with automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other similar mechanisms.

• Use or access the Site in any way that, in Total Emersion Studios judgment, adversely affects the performance or function of the Site or Total Emersion Studios services or interferes with the ability of other authorized users to access and use the Site or Total Emersion Studios services.

Total Emersion Studios has no obligation to monitor the Site; however Total Emersion Studios reserves the right to do so and prohibit or deny use or access at its sole discretion. Total Emersion Studios reserves the right to terminate your access to any or the entire Site at any time, without notice, for any reason whatsoever.

Intellectual Property

The copyright in all material provided on this Site is held by Total Emersion Studios or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Total Emersion Studios or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Web Links

You may place a plain format text link to the Site on your Web site if the text link is not a prominent feature on your site or used in any way to confuse or mislead customers. Any Web site or other device that links to www.totalemersionstudios.com is prohibited from (a) replicating or mirroring content of this Site, (b) implying in any fashion that Total Emersion Studios or any of its affiliates are endorsing the Web site, its products, services or contents, (c) presenting false information about Total Emersion Studios , the Site or Total Emersion Studios products or services, (d) framing or utilizing framing techniques to enclose any portion or aspect of the content of the Site without the express written consent of Total Emersion Studios; or (e) using any logo, trade or service mark, trade or service name or copyright of Total Emersion Studios or its affiliates without express written consent from Total Emersion Studios.

Personal Information And Privacy

To learn about how Total Emersion Studios protects your personal information, such as your name and address, refer to our Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. Any non-personal information or material sent to Total Emersion Studios will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Total Emersion Studios or others, or as stated in our Privacy Policy.

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Total Emersion Studios OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

Limitation of Liability

In no events will Total Emersion Studios, its related partnerships, affiliates, corporations, agents or representatives be liable for any decision made or action taken in reliance on the information on this Site or for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever, including, but not limited to, liability for business interruption or loss of data or profits arising out of access to or use of this Site, even if Total Emersion Studios is expressly advised on the possibility of such damages. Total Emersion Studios assumes no responsibility, and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to or use of or browsing of the Site or your downloading of any material, data, text, images, video or audio from the Site. Furthermore, Total Emersion Studios assumes no responsibility, and shall not be liable for any damages whatsoever due to any third party's unjustified access to the Web site, passwords or data or information in the Site.

Errors

While Total Emersion Studios has made every attempt to ensure that the information contained in this Site is accurate and up to date, the Site could include technical or other mistakes, inaccuracies or typographical errors. Total Emersion Studios is not responsible or liable for any errors, inaccuracies or omissions or from the results obtained from the use of this information. Total Emersion Studios may make changes to the materials and services at this Site at any time without notice.

Linked Web Sites

Total Emersion Studios makes no warrants or representations whatsoever regarding any other Web site, which you may access, through this Site. When you access a non-Total Emersion Studios Web site, please understand that it is independent from Total Emersion Studios and that Total Emersion Studios has no control over the content of that Web site. In addition, a link to a non-Total Emersion Studios Web site does not mean that Total Emersion Studios endorses or accepts any responsibility for the content or the use of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses and other items of destructive nature.

Law and Venue

This Site (excluding linked sites) is controlled by Total Emersion Studios from its offices within the state of California, United States of America. By accessing this Site, you and Total Emersion Studios agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Total Emersion Studios also agree and hereby submit to the exclusive personal jurisdiction and venue of the United States District Court for the State of California with respect to such matters.

General

The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between Total Emersion Studios and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Total Emersion Studios to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.