Burnersware Terms and Conditions Legal Information GENERAL TERMS AND CONDITIONS Welcome to Burnersware.com 1. ACCEPTANCE By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any Burnersware, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. 2. CONDITIONS AND RESTRICTIONS ON USE Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that Burnersware may terminate your access to the Burnersware.com or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Burnersware. Any such termination shall be in Burnersware' sole discretion and may occur without prior notice, or any notice. Burnersware further reserves the right to terminate any user's access to Burnersware.com or to any of the Products and Services for any conduct that Burnersware, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Burnersware or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Burnersware further reserves the right to terminate any user's access to Burnersware.com or to any of the Products and Services for any reason or for no reason at all, in Burnersware' sole discretion, without prior notice, or any notice. Burnersware does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status. 3. REGISTRATION AND PRIVACY Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Burnersware registration forms ("Registration Data") and (b) you will 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 Burnersware has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Burnersware has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. All Burnersware registrations become the exclusive property of Burnersware, its affiliates and subsidiaries. Burnersware reserves the right to use and reuse all registration and other personally identifiable user information subject to the Burnersware Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Burnersware Privacy Policy and at individual Burnersware sites. 4. RESPONSIBILITY FOR MINORS In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE BURNERSWARE.COM MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. 5. AGE RESTRICTIONS You agree you are over 13 years of age by signing up for Burnersware.com and are over 17 years of age by viewing some Burnersware.com material i.e. offensive langauge. 6. MEMBER AND USER CONDUCT Upon registering, you will receive a confirmation of your password and user ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Burnersware.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Burnersware.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Burnersware products are for use at your own discretion. Burnersware can not and will not be held acountable for banned player accounts and other such actions against users for using / viewing / downloading Burnersware software. Burnersware give no gaurantee of compatability with future versions of the games they are intended for. You agree that you will not: a. Hosting Burnersware software content and or media on your own personal website and or any other website. b. You will not share Burnersware software content and or media by any means including but not limited to personal delivery and peer to peer network groups. c. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services. d. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. e. Disobey any Burnersware employee or representative or interfere with any action by any Burnersware employee or representative to redress any violation of these Terms and Conditions. f. Fail to complete any transaction after submitting an order to purchase any goods or services from Burnersware. g. Abuse or Use PAYPAL chargeback services against Burnersware h. Win any Burnersware or Megahyperion Auctions where you do not intend to complete the transaction. i. Advertise, offer for sale, or sell any of the following items: Any firearms, explosives, or weapons. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants. Any alcoholic beverages. Any tobacco products for human consumption, including, without limitation, cigarettes and cigars. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors. Any controlled substances or pharmaceuticals. Any items that are counterfeit or stolen. Any dangerous items. Any goods or services that do not, in fact, exist. Any registered or unregistered securities. Any items that violate or infringe the rights of other parties. Any items that you do not have the legal right to sell. Any items where paying Burnersware any of the required transactional or listing fees would cause Burnersware to violate any law. 7. DISCLAIMER OF WARRANTIES THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Burnersware DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BURNERSWARE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. BURNERSWARE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BURNERSWARE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. BURNERSWARE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. BURNERSWARE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BURNERSWARE MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY BURNERSWARE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL . Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 8. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BURNERSWARE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BURNERSWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, BURNERSWARE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT BURNERSWARE, BURNERSWARE' ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PREMIUM MEMBER'S MOST RECENT MEMBERSHIP FEE PAYMENT. FOR ALL CLAIMS RELATING BURNERSWARE PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS FOR FAILURE OF THE SYSTEM TO OPERATE, IN NO EVENT SHALL THE LIABILITY OF BURNERSWARE, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE FEE, IF ANY PAID BY THE USER FOR THE SYSTEM. UNDER NO CIRCUMSTANCES SHALL BURNERSWARE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. 9. LIMITATION OF ACTIONS You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Burnersware or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred. 10. COPYRIGHT, TRADEMARK, AND PATENT NOTICES Burnersware 2004-2005 Burners. All rights reserved. 11. NO RESALE, ASSIGNMENT, OR SUBLICENSING You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of BURNERSWARE. 12. VIOLATIONS OF TERMS AND CONDITIONS Should you violate these Terms and Conditions or any other rights of Burnersware, BURNERSWARE reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of Burnersware web sites. Violation of these Terms and Conditions Voids any previous policy and or agreement including but not limited to privacy policy, individual and group agreements. Burnersware reserves the right to use your personal information against you ONLY UPON VIOLATION of the Burnersware Terms And COnditions Burnersware and or any Burnersware affiliate shall not share or disclose your personal information with anyone unless you are in direct violation with Burnersware Terms and Conditions. If you are aware of any violations of these Terms and Conditions, please report them to: Burners@Burnersware www.Burnersware.com