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THIS END USER AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS ON WHICH NETDRAGON WEBSOFT INC. (THE "COMPANY") OFFERS YOU ACCESS AS AN END USER ON Monster And Me . PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON, YOU ACCEPT AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS; IN WHICH EVENT, YOU WILL BE GRANTED ACCESS TO PLAY M&M. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE "I DO NOT AGREE" BUTTON OR PROMPTLY EXIT THIS PAGE.



1. TERMS OF AGREEMENT
(a) Terms of Agreement. NetDragon Websoft Inc.
(The "Company") offers to allow you to play its multi-player online computer game "Monster & Me" on a free-to-play basis conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct (See the Company's Rules of Conduct for more details). The Game is free to play with no monthly subscription fees. Your use of Monster & Me constitutes your agreement to all such terms and conditions and your compliance of the Member Conduct. To confirm your agreement, you should click on the "I Agree" button at the end of this Agreement. If you do not so agree, you should click on the "I Do Not Agree" button at the end of this Agreement, in which case you reject the offered terms of use and will not be permitted to play Monster & Me. If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact an NetDragon Websoft Inc. customer service by visiting the following link: http://www.monsterandme.com

(b) Amendments. The company may amend, update, modify or correct this Agreement or modify the Rules of Conduct at any time in its sole discretion without any obligation to inform the User of the amendment or changes by posting the amended Agreement or modified Rules of Conduct at http://www.monsterandme.com. Amendments or changes to the Agreement will be effective immediately after the amended Agreement is posted. Modifications to the Rules of Conduct will be effective immediately upon posting. Your use of Monster & Me after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement and the Rules of Content periodically so you will be familiar with their content as amended or modified from time to time.

2. DESCRIPTION OF SERVICE
The Company offers Monster & Me as a free online fantasy role-playing game service accessible (the "Service") through the internet at " http://www.monsterandme.com " (the "Web Site"). The Company reserves the right to change the URL address of the Web Site at any time and from time to time without prior notice. To use the Service, you will need to install software, which The Company makes available from the Web Site (the "Software"). Anyone desiring to use the Service is required to establish an account with The Company (the "Account"). The Company does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at http://www.monsterandme.com is an active part of the Service and any use of the website is governed by the same Terms of Agreement and Rules of Conduct.

3. LICENSE TO USE
Subject to the terms of this Agreement, The Company grants to you a non-exclusive license to use the Service, and a non-exclusive license to use the Software in connection with the Service. You may not sublicense, rent, lease, loan or otherwise transfer the Software for profit, modify, adapt, reverse engineer or recompile the Software, or create any derivative works in respect of the Software or the Service, or otherwise use the Software except as expressly provided in this Agreement.

4. ACCOUNT
(a) Eligibility. Accounts are available only to adult individuals eighteen (18) years of age or older. If you are less than 18 years of age and wish to use the Service, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement. Those who have completed these steps and who maintain their Account in good standing are sometimes referred to in this Agreement as "Member(s)", "User(s)", or "Player(s)". By clicking the "I Agree" button you represent that you are an adult 18 years of age or older. Only one person may use an Account. The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered User to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.

(b) Account ID. At the time your Account is opened, you must choose a name to identify yourself to The Company staff (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of The Company, or which The Company deems in its discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or to change, any vulgar or otherwise offensive Account ID. You have sole liability for all activities conducted through your Account or under your Account ID.

(c) Message Board ID. You have the option to create a Message Board ID for use on the official Monster & Me message boards. You may not select as your Message Board ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of The Company, or which The Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or require you to change, any vulgar or otherwise offensive Message Board ID. You have sole liability for all activities conducted under your Message Board ID.

(d) Account. By agreeing to the User Agreement you agree that you do not own the Account you use to access the Service, the characters The Company stores on The Company servers, the game items in the Account, or any other data which the servers and accounts are comprised of. The Account, characters, game items, and any other data which the servers and accounts are comprised of, are properties of The Company.

(e) Character Name. In order to use the Service, you must create a character and choose a name for your character to identify your character to other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of The Company, or which The Company deems at its sole discretion to be vulgar or otherwise offensive. The Company reserves the right to delete, or alter any vulgar or otherwise offensive Character Name. Only ASCII characters are allowed for any character names in the Game. No Unicode is allowed.

(f) Pledge Names, Pledge Titles, House Signs, Individual Titles, NPC Names. While accessing the Service, it is possible to name your pledge, grant titles to individual members, grant a title to your own character, name NPCs, or name a guild. You may not give a name to a pledge, another character, grant your own character a title, or name an NPC (non-player character) that is the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other Members to believe you to be an employee of The Company, or which The Company deems at its sole discretion to be vulgar or otherwise offensive. NetDragon Websoft Inc. reserves the right to delete, change, or require you to change, any vulgar or otherwise offensive Name. ASCII characters are allowed for any names in the Game. No Unicode is allowed.

(g) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. The Company will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process, or when you are requesting the company to perform certain service that requires your password authentication, in which case you will only send your password to designated company email address or company website.

(h) Registration Obligations. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service.

(i) Former Members. Members whose Accounts have been terminated by The Company may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of The Company.

(j) Related Accounts. If The Company terminates an Account,
The Company may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account.

5. SERVICE FEES
The Game is free to play. You do not need to pay any service fee to play the Game. However, the Company is not responsible for any other fees or costs you paid or may have to pay in order to play the Game, including, but not limited to, fees to access the internet; fees charged by a location such as a cyber café, arcade, or other location; or costs of computer hardware or software.


6. TRADING AMONG PLAYERS
Trading of Game items or in game money between Players on the same serveris permitted. All other trading or transfers, including without limitations, trading of Account ID, Account Names, and all out-of game transfers, are strictly prohibited.

The Company is not responsible for any losses occured related to any permitted or prohibited trading activities. ANY AND ALL PROHIBITED CONDUCTS MAY RESULT IN IMMEDIATE TERMINATION OF THE ACCOUNT INVOLVED IN SUCH TRADING.

7. CONTENT AND MEMBER CONDUCT
(a) Content. You acknowledge that: (i) by using the Software and the Service you will have access to graphics, sound effects, music, animation-style video and text (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including text contributions from other Members (all such independent content providers shall hereinafter be referred to as "Content Providers"). The Company does not pre-screen Content as a matter of policy.
The Company has the right, but not the obligation, to remove Content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement.

(b) Rights in Content. You acknowledge that
The Company and Content Providers have rights in their respective Content under copyright and other applicable laws, and that you accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that you will not use any Content other than in connection with playing Monster & Me.

(c) Member Content. Members can upload Content to our servers in various forms, such as in selections you make for Monster & Me and in bulletin boards and similar user-to-user areas. Unless specified otherwise in your transmission, by submitting your Content to any area on the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to The Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

(d) Member Conduct. You agree not to use the Service to: (i) upload, post, e-mail or otherwise transmit Content that infringes any third party rights; (ii) impersonate any person or entity, including, but not limited to, an NetDragon Websoft Inc. employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;(iii) upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) upload, post, e-mail or otherwise transmit Content as determined by NetDragon Websoft Inc. at its sole discretion that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (vii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (viii) "stalk" or otherwise harass another member.

(e) Cheating Programs. To ensure fair play, we do not allow the use of any form of cheating programs to play Monster and Me. These cheating programs include not are not limited to the following: macros, Away From Keyboard (AFK) programs, CPU accelerator or decelerator. If you use these cheating programs, you may suffer severe consequences including the followings: (i) You may be penalized by the GM in the game;(ii) You may lose certain items or pets in the game; (iii) You may be banned from playing M&M for a period time; and (iv) Your account ID may been deleted. The Company, or its employees or subsidiaries, are not responsible for any consequences caused by your use of cheating Programs to play our games.

(f) Modification Of The Client Program. All Members must use the client program provided by the Company. The Company periodically updates the client program as well, and all players are required to use the latest version of the Game. Modification of the client program of the Game is strictly prohibited. Any violations may result the termination of your Account.

8. OFFICIAL SERVICE
The Company has designed Monster & Me for play only as offered by The Company at the Web Site. You agree to play Monster & Me only as offered by The Company at the Web Site and not through any other means. You further agree not to create or provide any other means through which Monster & Me may be played by others, as through server emulators. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for Monster & Me, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any Monster & Me accounts, characters, items, coin or copyrighted material.

9. PRIVACY
(a) The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf.

(b) The Company can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies, or government officials, as The Company, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law.


10. PARENTAL GUIDANCE
While The Company may choose to monitor and take action upon inappropriate game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. The Company cannot ensure that other players will not provide content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. The Company does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.

11. INTERRUPTION OF SERVICE
(a)
The Company reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.

(b) You acknowledge that the Service may be interrupted for reasons beyond the control of
The Company and The Company cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. The Company shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.

(c)
The Company shall not be obligated to refund all or any portion of any Account fee by reason of any interruption of the Service by reason of any of the circumstances described in paragraph (a) or (b).

12. DISCLAIMER OF WARRANTY
THE COMPANY PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE Monster & Me GAME AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, your Account or Monster & Me. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

13. LIMITATION OF LIABILITY THE MAXIMUM AMOUNT OF THE COMPANY'S LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF A MONTHLY ACCOUNT FEE PAID BY YOU TO THE COMPANY AND IN NO EVENT SHALL THE COMPANY OR ANY OF ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER OR IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT, WHETHER OR NOT NetDragon Websoft Inc. MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some states do not allow the foregoing limitations of liability, so they may not apply to you. You agree that NetDragon Websoft Inc. cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Monster & Me service.

14. INDEMNIFICATION At The Company's request, you agree to defend, indemnify and hold harmless The Company its shareholders, partners, affiliates, directors, officers, employees, agents or suppliers, its licensees, distributors, Content Providers, and other Members of the Service, from all damages, liabilities, claims and expenses, including attorneys' fees and costs, arising from any breach of this Agreement by you.

15. TERMINATION
(a)We may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of Monster & Me as described in the Rules of Conduct. If we terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund.

(b)You agree that if the service or your account is terminated or cancelled for any reason or length of time, you are not entitled to any reimbursement or refund of any fees or unused access time.

16. GENERAL PROVISIONS This Agreement is governed by and shall be construed and enforced under the laws of The State of California, without applying any conflicts of law principles that would require application of the law of any other jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of The Company 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
The Company. All notices given by you or required under this Agreement shall be faxed to [(909)612 - 0679]. Attn.: [Customer Support].



  
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