Terms of Use

Server

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YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT.

Thank you for using the Shaiya XTC.com service. These Terms of Use set forth the

terms and conditions under which you are provided access to the Service by Shaiya

XTC Entertainment, Inc. (“Shaiya XTC” or “we”). This Agreement does not supersede

the End User License Agreement (the “EULA”) that accompanies the Shaiya XTC game

or any other Game-specific Terms of Use. The EULA governs your use of the Game

client – that part of any Game installed on your computer – and this Agreement

governs your use of the Service.

1.GRANT OF A LIMITED LICENSE TO USE THE SERVICE.
Subject to your acceptance of and continuing compliance with these TOU, you may

use the Service solely for your own non-commercial entertainment purposes by

accessing it with a web browser or an authorized, unmodified Game client. You may

not use the Service for any other purpose, or using any other method.

2.ADDITIONAL LICENSE LIMITATIONS.
The license granted to you in Section 1 is subject to the limitations set forth

in Sections 1 and 2 (collectively, the “License Limitations”). Any use of the

Service or any Game in violation of the License Limitations will be regarded as a

breach of this Agreement and an infringement of Shaiya XTC’s copyrights in and to

the Service and/or Game. You agree that you will not, under any circumstances:

A. use cheats, automation software (bots), hacks, mods or any other unauthorized

third-party software designed to modify the Service, any Game or any Game

experience;

B. exploit the Service, a Game or any part thereof for any commercial purpose,

including without limitation: (a) using the Service at a cyber cafe, computer

gaming center or any other commercial establishment without the express written

consent of Shaiya XTC, unless otherwise stated in a Game EULA; (b) communicate or

facilitate any commercial advertisement or solicitation; (c) gather in-game

currency, items or resources for sale outside the Game without Shaiya XTC’s

authorization; or (d) perform in-game services in exchange for payment outside

the Game, e.g., power-leveling;

C. use the Service for any “e-sports” or group competition sponsored, promoted or

facilitated by any commercial or non-profit entity without Shaiya XTC’s prior

written consent;

D. use any unauthorized third-party software that intercepts, “mines”, or

otherwise collects information from or through any Game or the Service, including

without limitation any software that reads areas of RAM used by any Game or the

Service to store information about a character or a Game environment; provided,

however, that Shaiya XTC may, at its sole and absolute discretion, allow the use

of certain third party user interfaces;

E. modify or cause to be modified any files that are a part of any Game or the

Service in any way not expressly authorized by Shaiya XTC;

F. host, provide or develop matchmaking services for any Game or the Service, or

intercept, emulate or redirect the communication protocols used by Shaiya XTC in

any way, for any purpose, including without limitation unauthorized play over the

Internet, network play, or as part of content aggregation networks;

G. facilitate, create or maintain any unauthorized connection to any Game or the

Service, including without limitation (a) any connection to any unauthorized

server that emulates, or attempts to emulate, the Service or any Game; or (b) any

connection using programs or tools not expressly approved by Shaiya XTC; or

H. disrupt or assist in the disruption of (i) any computer used to support the

Service or any Game environment (each a “Server”); or (ii) any other player’s

Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE

LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

3.REQUIREMENTS.
Before you can use the Service, you must read, understand and agree to these

TOU, the Privacy Policy, the In Game Policies, and register an account on the

Service (an “Account”). If you want to play a Game on the Service, you must

obtain a valid license to use the Game(s) you will use with the Service, agree to

the applicable Game-specific Terms of Use and EULA for each of the Game(s) you

will use with the Service, and read, understand and agree to the In Game Policies

specific to that particular game, which can be found here. You are responsible

for any Internet connection fees that you incur when accessing the Service.

4.USE OF THE SERVICE BY MINORS.
Subject to the laws of your country of residence, minor children may utilize an

Account established by their parent or legal guardian with the approval of their

parent or legal guardian. In the event that you permit your minor child or legal

ward (collectively, your “Child”) to use an Account on the Service, you hereby

agree to these TOU on behalf of yourself and your Child, and you understand and

agree that you will be responsible for all uses of the Account by your Child

whether or not such uses were authorized by you, including without limitation,

your Child’s acceptance of the EULA for Games that are playable on the Service,

or any Game-specific Terms of Use.

5.ACCESSING THE SERVICE.
A. Account Eligibility.
You may establish an Account only if: (i) You are a “natural person” and an

adult in your country of residence (Corporations, Limited Liability Companies,

partnerships and other legal or business entities may not establish an Account);

and (ii) You are not an individual specifically prohibited by Shaiya XTC from

using the Service. By accepting this Agreement, you hereby represent and warrant

that you meet these eligibility requirements. If at any time Shaiya XTC becomes

aware that you have registered an Account without meeting the foregoing

requirements, Shaiya XTC reserves the right to suspend, terminate and/or delete

the Account.

B. Establishing an Account.
When creating or updating an Account on the Service, you are required to provide

Shaiya XTC with certain personal information such as your name, address, phone

number, email address and, in some cases, payment information. For certain Games,

an unused authentication key provided to you by Shaiya XTC will be required when

adding a Game license to an Account. A Game license must be added to an Account

before you can play that Game online, where applicable. You agree that you will

supply accurate and complete information to Shaiya XTC when requested, and that

you will update that information promptly after it changes.

C. Username and Password.
During the Account creation process, you may be required to select a unique

username and/or a password (collectively referred to hereunder as “Login

Information”), and you may not share the Account or the Login Information with

anyone other than as expressly set forth herein. You are responsible for

maintaining the confidentiality of the Login Information, and you will be

responsible for all uses of the Login Information, including purchases, whether

or not authorized by you. In the event you become aware of or reasonably suspect

any breach of security, including without limitation any loss, theft, or

unauthorized disclosure of the Login Information, you must immediately notify

Shaiya XTC by emailing http://shaiyaxtc.wix.com/ultra#!support/cf4n.

D. Global Play.
Certain Games that are playable on the Service feature “Global Play,” which

allows you to play with Game players who are outside of the region associated

with the creation of the Account. The Global Play feature requires that some or

all of the personal information that you provided when you created the Account be

transferred to servers operated by Shaiya XTC in the regions where you wish to

play the Game. By agreeing to participate in Global Play, you agree that your

data will be transferred to Shaiya XTC’s servers in each of the regions that you

select to participate in using the Global Play feature.

6.SHAIYAXTC.COM BALANCE.
A. As an active Account holder, you may participate in Shaiya XTC’s ShaiyaXTC.com

Balance service. ShaiyaXTC.com Balance can only be used to obtain certain

products and services offered by Shaiya XTC; it has no cash value. Shaiya XTC

grants you a limited license to acquire, use, and redeem ShaiyaXTC.com Balance

pursuant to the terms of this Agreement. Regardless of how it is acquired,

ShaiyaXTC.com Balance is non-transferable to another person or Account, does not

accrue interest, is not insured by the Federal Deposit Insurance Corporation

(FDIC), and, unless otherwise required by law or permitted by this Agreement, is

not redeemable or refundable for any sum of money or monetary value from Shaiya

XTC at any time. ShaiyaXTC.com Balance does not constitute a personal property

right. ShaiyaXTC.com Balance is not a bank account.

B. IN ORDER TO HAVE A SHAIYAXTC.COM BALANCE OF MORE THAN $10.00 USD, YOU MUST

ATTACH A SHAIYAXTC.COM AUTHENTICATOR TO YOUR ACCOUNT. You can download the

ShaiyaXTC.com Authenticator for mobile devices at ##removed, or you can purchase

a ShaiyaXTC.com Authenticator at ##removed

C. To purchase ShaiyaXTC.com Balance, go to http://shaiyaxtc.wix.com/ultra#!

donations/c1z8r and follow the instructions provided to you on that page. You may

choose to purchase ShaiyaXTC.com Balance in different currencies (e.g., US

Dollars, Mexican Pesos, Chilean Pesos, and Argentinean Pesos) in order to redeem

your ShaiyaXTC.com Balance for certain products and/or services offered on

ShaiyaXTC.com . It may take up to five (5) days before purchases of ShaiyaXTC.com

Balance are made available for your use. Certain minimums may apply to purchases

of ShaiyaXTC.com Balance, and the maximum balance of your ShaiyaXTC.com Balance

at any time is limited to the equivalent of $250.00, and the maximum value of all

transactions using ShaiyaXTC.com Balance is limited to $2,000.00 per day. The

balance of your ShaiyaXTC.com Balance shall be determined by converting the

ShaiyaXTC.com Balance across all of the various currencies in your ShaiyaXTC.com

Balance to the equivalent of US Dollars using the currency conversion formulas

posted on ##removed. Shaiya XTC reserves the right to change the maximum and

minimum amounts applicable to ShaiyaXTC.com Balances at any time by notifying

you in accordance with Section 8 of this Agreement.

D. Transactions to purchase ShaiyaXTC.com Balance, or redeem ShaiyaXTC.com

Balance for certain goods and services from Shaiya XTC, are governed by the terms

of this Agreement and the Shaiya XTC Terms of Sale, which can be viewed at

##removed. Purchases of ShaiyaXTC.com Balance are non-refundable, unless

otherwise required by law.

E. Shaiya XTC will not send you a statement of itemized transactions for your

ShaiyaXTC.com Balance. In order to check the balance of your ShaiyaXTC.com

Balance or review your recent ShaiyaXTC.com Balance transactions, go to

##removed. You are solely responsible for verifying that the proper amount of

ShaiyaXTC.com Balance has been added to or deducted from your ShaiyaXTC.com

Balance.

F. Sales tax may apply to your redemption of ShaiyaXTC.com Balance for Shaiya XTC

products or services in some jurisdictions. The amount of tax charged depends

upon many factors, including the type of product or service purchased.

G. Shaiya XTC reserves the right to reduce, liquidate, deactivate, suspend or

terminate your ShaiyaXTC.com Balance, the Diablo III Real Money Auction House

(the “Auction House”) or other Shaiya XTC Games or Service features if Shaiya XTC

determines in its sole discretion, after investigation, that you have misused

ShaiyaXTC.com Balance or have otherwise used ShaiyaXTC.com Balance to conduct

any fraudulent or illegal activity.

H. You are responsible for all uses of your ShaiyaXTC.com Balance. If you suspect

that your ShaiyaXTC.com Balance has been compromised, you should contact Shaiya

XTC Customer Service at http://shaiyaxtc.wix.com/ultra#!support/cf4n so that the

matter can be investigated. Shaiya XTC, in its sole discretion, may require

additional information and/or documentation to verify your claim, and once Shaiya

XTC has the information that Shaiya XTC deems necessary to verify your claim,

Shaiya XTC will take actions to freeze your ShaiyaXTC.com Balance and will

unfreeze your ShaiyaXTC.com Balance once Shaiya XTC has returned control of your

ShaiyaXTC.com Balance to you. Regardless of any actions Shaiya XTC may take on

your behalf, you acknowledge and agree that Shaiya XTC has sole and absolute

discretion in determining whether or not your claim is valid and, if so, the

appropriate remedy.

7.ACCOUNT SUSPENSION/CANCELLATION.
SHAIYA XTC MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR

ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Accounts terminated

by Shaiya XTC for any type of abuse, including without limitation a violation of

these TOU, a Game-specific Terms of Use, or a Game EULA will not be reactivated

for any reason. For purposes of explanation and not limitation, most account

suspensions, terminations and/or deletions are the result of violations of these

TOU, a Game-specific Terms of Use, a Game EULA or other Shaiya XTC policy. You

may cancel the Account registered to you at any time by requesting that your

personal information be removed from the Account, as specified in Shaiya XTC’s

time.

8.UPDATES.
A. Agreements.
Shaiya XTC will update this Agreement as the Service and law evolve with new

versions (each a “New TOU”). This Agreement will terminate immediately upon the

introduction of a New TOU, and you will be given an opportunity to review and

accept the New TOU. If you accept the New TOU, and if the Account registered to

you remains in good standing, you will be able to continue using the Account

subject to the terms of the New TOU. If you decline to accept the New TOU, or if

you cannot comply with the terms of the New TOU for any reason, you will no

longer be permitted to use the Account. Shaiya XTC may change, modify, suspend,

or discontinue any aspect of the Service at any time. Shaiya XTC may also impose

limits on certain features or restrict your access to parts or all of the Service

without notice or liability. You have no interest, monetary or otherwise, in any

feature or content contained in the Service or associated with the Account.

Shaiya XTC may also revise other Shaiya XTC policies, including without

limitation the In Game Policies and the Privacy Policy, at any time, and the new

versions will be available on ShaiyaXTC.com . If at any point you do not agree to

any portion of this Agreement, a New TOU, the In Game Policies, the Privacy

Policy, or any other Shaiya XTC policy or agreement relating to your use of the

Service, you must immediately stop using the Service.

B. Software and Services.
In an effort to improve its products and services, Shaiya XTC may require that

you download and install updates to the Service and to the Games you have

installed on your computer. You acknowledge and agree that Shaiya XTC may update

the Service and the Games, including the Game client(s) on your computer, with or

without notifying you.

9.OWNERSHIP.
A. Game clients and Service.
The Game clients and the Service (including without limitation, any titles,

computer code, themes, objects, characters, character names, stories, dialogue,

catch phrases, concepts, artwork, animations, sounds, musical compositions,

audio-visual effects, methods of operation, moral rights, documentation, in-game

chat transcripts, character profile information, recordings or replays of Games,

and the Game client and server software) are copyrighted works owned by Shaiya

XTC and its licensors. Shaiya XTC reserves all rights in connection with the

Games and the Service, including without limitation the exclusive right to create

derivative works. You agree that you will not create any work based on the Games

or the Service except as expressly set forth by Shaiya XTC in contest rules,

Shaiya XTC’s Fan Policies, which include without limitation Shaiya XTC’s Video

Policy and Fan Art Submission Policy, or a Game’s EULA.

B. Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT

YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU

FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL

FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SHAIYA XTC. Shaiya XTC does not

recognize the transfer of Accounts. You may not purchase, sell, gift or trade any

Account, or offer to purchase, sell, gift, or trade any Account, and any such

attempt shall be null and void and may result in the forfeiture of your Account.

C. Virtual Items.
Shaiya XTC owns, has licensed, or otherwise has rights to all of the content

that appear in the Service or the Games. You agree that, except as set forth in a

Game EULA, you have no right or title in or to any such content, including

without limitation the virtual goods or currency appearing or originating in any

Game, or any other attributes associated with the Account or stored on the

Service. Shaiya XTC does not recognize any purported transfers of virtual

property executed outside of a Game, or the purported sale, gift or trade in the

“real world” of anything that appears or originates in a Game, unless such

transfer is made using a marketplace explicitly authorized or administered by

Shaiya XTC, including without limitation, the Diablo III Real Money Auction

House.

10.FEES.
You agree to pay all fees and applicable taxes incurred by you or anyone using

an Account registered to you. If you choose a recurring subscription for any

Game, you acknowledge that payments will be processed automatically (e.g.,

debited from your Shaiya XTC.net Balance or charged to your credit card) until

you cancel the subscription or the Account. Shaiya XTC may revise the pricing for

the goods and services offered through the Service, including without limitation

subscription plans for any Game, at any time. YOU ACKNOWLEDGE THAT SHAIYA XTC IS

NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE

MONEY BACK FOR PREPAID TIME OR CREDIT LEFT ON YOUR SHAIYA.XTC BALANCE WHEN THE

ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS

OTHERWISE REQUIRED BY LAW.

11.GAME TRANSFERS.
The Authentication Key that accompanies most Game clients can only be used once,

and will connect a Game license to the Account under which it is registered. The

transferability of your license to a Game client is governed by the Game EULA;

provided, however, that any transfer of the Game client shall have no impact on

the Account registered to you, and that Account shall not transfer with the Game

client. Purchasers of a license to a used Game client must follow the process

detailed on http://shaiyaxtc.wix.com/ultra#!support/cf4n, which may require

payment of a processing fee.

12.RESTRICTIONS AND CONDITIONS OF USE.
A. No Violation of Laws.
You agree that you will not, in connection with your use of a Game client or the

Service, violate any applicable law or regulation.

B. Misuse of Service.
You may not connect to or use the Service in any way not expressly permitted by

this Agreement. Without limiting the foregoing, you agree that you will not (a)

institute, assist, or become involved in any type of attack, including without

limitation denial of service attacks, upon the Service or otherwise attempt to

disrupt the Service or any other person’s use of the Service; or (b) attempt to

gain unauthorized access to the Service, Accounts registered to other players, or

the computer systems or networks connected to the Service.

C. No Data Mining.
You agree that you will not (a) obtain or attempt to obtain any information from

the Service or any Game using any method not expressly permitted by Shaiya XTC;

(b) intercept, examine or otherwise observe any proprietary communications

protocol used by a Game client or the Service, whether through the use of a

network analyzer, packet sniffer or other device; (c) use any third-party

software to collect information from or through a Game client or the Service,

including without limitation information about your character, any Account

registered to you, virtual items, other players, or other Game data.

D.User Content.
“User Content” means any communications, images, sounds, and all the material

and information that you upload or transmit through a Game client or the Service,

or that other users upload or transmit, including without limitation any chat

text. You hereby grant Shaiya XTC a perpetual, irrevocable, worldwide, paid-up,

non-exclusive license and right to reproduce, fix, adapt, modify, translate,

reformat, create derivative works from, manufacture, introduce into circulation,

publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit,

publicly display, publicly perform, provide access to electronically, broadcast,

communicate to the public by telecommunication, enter into computer memory, use,

and practice such User Content as well as all modified and derivative works

thereof. To the extent permitted by applicable laws, you hereby waive any moral

rights you may have in any User Content.

E. Collection of Non-Personal Data.
Shaiya XTC shall have the right to obtain data that cannot be used to identify

you from your connection to the Service without any further notice to you.

Certain Games playable on the Service include a tool that will allow your

computer system to forward information to Shaiya XTC in the event that the Game

crashes. This tool will collect system and driver data from your computer system

during the crash and forward a report containing that data to Shaiya XTC.

F. Content Screening and Disclosure.
Shaiya XTC does not, and cannot, pre-screen or monitor all User Content.

However, Shaiya XTC’s representatives may monitor and/or record your

communications (including without limitation chat text) when you are using the

Service or playing a Game, and you hereby provide your irrevocable consent to

such monitoring and recording. You acknowledge and agree that you have no

expectation of privacy concerning the transmission of any User Content, including

without limitation chat text or voice communications. We do not assume any

responsibility or liability for User Content. We have the right, but not the

obligation, in our sole discretion to edit, refuse to post, or remove any User

Content. WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO

DISCLOSE ANY USER CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION

CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) FOR

ANY REASON, including without limitation (a) to satisfy any applicable law,

regulation, legal process or governmental request; (b) to enforce the terms of

this Agreement or any other Shaiya XTC policy; (c) to protect our legal rights

and remedies; (d) to protect the health or safety of anyone we believe may be

threatened; or (e) to report a crime or other offensive behavior.

G. Real ID Friends Feature and Identity Disclosure.
The Service allows you to disclose your identity to other users of the Service

through the “Real ID Friends” feature. If you use the Real ID Friends feature and

opt-in to a request to be “Real ID Friends” with another user, that user will be

able to see your real name. Certain features, such as the ShaiyaXTC.com Voice

Chat Client, are only available between users of the Service who have opted in to

the Real ID Friends feature. IF YOU OPT-IN TO THE REAL ID FRIENDS FEATURE, THOSE

PEOPLE YOU DESIGNATE AS A “REAL ID FRIEND” WILL BE ABLE TO SEE THE NAMES OF YOUR

OTHER “REAL ID FRIENDS,” AND YOUR NAME WILL BE VISIBLE BY THOSE PEOPLE THAT YOUR

“REAL ID FRIENDS” HAVE DESIGNATED USING THE SAME FEATURE. You may opt out of the

Real ID Friends feature at any time by deleting all Real ID Friends from your

Account.

13.DISCLAIMER OF WARRANTIES.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE,

WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION

THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,

NONINFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

SHAIYA XTC DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT

THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED

OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE

SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

If you are a resident of Australia, the benefits provided to you by this Limited

Warranty are in addition to other rights or remedies you may have under local

laws related to the goods to which the warranty applies. Our goods come with

guarantees that cannot be excluded under the Australian Consumer Law. You are

entitled to a replacement or refund for a major failure and compensation for any

other reasonably foreseeable loss or damage. You are also entitled to have the

goods repaired or replaced if the goods fail to be of acceptable quality and the

failure does not amount to a major failure. The provisions of this clause

containing the Limited Warranty and the clause containing the Limitation of

Liability and Indemnity below apply only to the extent permitted by the

Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a

refund for a major failure is not subject to Shaiya XTC’s option. To submit a

warranty claim to Shaiya XTC, please use the support section. The user is

responsible for the costs of returning media to Shaiya XTC.

14.LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION.
A.SHAIYA XTC IS NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF YOUR USE OF THE

SERVICE OR YOUR INABILITY TO USE THE SERVICE. IN NO CASE SHALL SHAIYA XTC BE

LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES

ARISING FROM YOUR USE OF THE SERVICE, THE ShaiyaXTC.com BALANCE SERVICE, ANY GAME

OR ANY GAME CLIENT. IN NO CASE SHALL THE LIABILITY OF Shaiya XTC EXCEED THE

AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE

OF ACTION AROSE. 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 Shaiya XTC and its affiliates shall be

limited to the fullest extent permitted by law.

B.YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE

WITH Shaiya XTC IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS

REGISTERED TO YOU.

C.You agree to indemnify, defend and hold Shaiya XTC harmless from any claim,

demand, damages or other losses, including reasonable attorneys’ fees, asserted

by any third-party resulting from or arising out of your use of the Service or

any Game, or any breach by you of this Agreement, the Code of Conduct or any Game EULA.

15.DISCLOSURES; THIRD PARTY FEATURES.
A. Advertising.
Shaiya XTC’s Games and the Service may incorporate third-party technology that

enables advertising on ShaiyaXTC.com and/or in certain Games playable on

ShaiyaXTC.com, which may be downloaded temporarily to your personal computer and

replaced during online game play. As part of this process, Shaiya XTC and/or its

authorized third party advertisers may collect standard information that is sent

when your personal computer connects to the Internet including your Internet

protocol (IP) address.

B. Facebook.
If you are a registered user of Facebook you may use your Facebook data to

enable you to find your Facebook friends on the Service. Your Facebook account is

subject to separate terms and conditions provided by Facebook. Note that if you

have a Facebook account, your Facebook friends will be able to associate your

screen name with your real name on the Service when they use the Facebook friends

feature. You hereby acknowledge that Facebook is not responsible for any

liability as a result of your use of the Service and that the Service is in no

way sponsored, endorsed or administered by Facebook.

16.DISPUTES.
You and Shaiya XTC each agree that all disputes between you and Shaiya XTC that

arises out of, or relates to, these TOU, will be resolved in accordance with the

Shaiya XTC Entertainment Dispute Resolution Policy, that is available for your

review ##removed. Should any portion of the Shaiya XTC Entertainment Dispute

Resolution Policy be found illegal or unenforceable, you agree that such portion

shall be severed and the remainder of the Shaiya XTC Entertainment Dispute

Resolution Policy shall be given full force and effect.

17.GOVERNING LAW.
A. Except as expressly provided otherwise, these TOU shall be governed by and

construed under the laws of the United States of America and the law of the State

of Delaware, 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.

B. If you access the Service from New Zealand, and are a resident of New Zealand,

The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Service

as supplied by Shaiya XTC to you. If the Act applies, then notwithstanding any

other provision in this Agreement, you may have rights or remedies as set out in

the Act which may apply in addition to, or, to the extent that they are

inconsistent, instead of, the rights or remedies set out in this Agreement.

C. Those who choose to access the Service from locations outside of the United

States do so on their own initiative and are responsible for compliance with

local laws if and to the extent local laws are applicable. Should a court of

competent jurisdiction determine that other laws apply, these TOU shall be

enforced to the fullest extent permitted by the laws of the applicable

jurisdiction and be interpreted to give maximum effect to the terms and

conditions hereof.

18.GENERAL.
A. Export Controls.
The files, programs, and any and all computer code contained or utilized by the

Service may not be re-exported, downloaded or otherwise exported into any country

against which the U.S. Government maintains comprehensive economic sanctions or

to anyone on the U.S. Treasury Department's list of Specially Designated

Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons

List or Entity List. Additionally, Shaiya XTC is also restricted from providing

services that may be available through the Service to all such countries and/or

individuals. 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.

B. Assignment.
Shaiya XTC may assign this Agreement, in whole or in part, to any person or

entity at any time with or without your consent. You may not assign these TOU

without Shaiya XTC’s prior written consent, and any unauthorized assignment by

you shall be null and void.

C. Severability.
If any part of this Agreement is determined to be invalid or unenforceable, then

that portion shall be severed, and the remainder of this Agreement shall be given

full force and effect.

D. Attorneys‘ Fees.
In the event any litigation is brought by either party in connection with these

TOU, the prevailing party in such litigation shall be entitled to recover from

the other party all the reasonable costs, attorneys’ fees and other expenses

incurred by such prevailing party in the litigation.

E. Entire Agreement.
This Agreement, including the documents expressly incorporated by reference

herein, constitutes the entire agreement between you and us with respect to the

Service and supersedes all prior or contemporaneous communications, whether

electronic, oral or written, between you and us with respect to the Service;

provided, however, that this Agreement shall coexist with, and shall not

supersede, Game EULAs and Terms of Use specific to a Game. In the event of a

conflict or inconsistency between the terms and conditions of these TOU and a

Game EULA or terms of use agreement specific to a Game or Game feature, the terms

and conditions of the Game EULA shall supersede and govern the terms of use

agreement for the specific Game or Game feature whose terms and conditions shall,

in turn, supersede and govern the terms and conditions of these TOU.

F. No Waiver.
Our failure to enforce any provision of this Agreement shall in no way be

construed to be a present or future waiver of such provision, nor in any way

affect the right of any party to enforce each and every such provision

thereafter. The express waiver by us of any provision, condition or requirement

of this Agreement shall not constitute a waiver of any future obligation to

comply with such provision, condition or requirement.

G. Notices.
All notices given by you or required under this Agreement shall be in writing

and addressed to: Shaiya XTC Entertainment

H. Equitable Remedies.
You hereby agree that Shaiya XTC would be irreparably damaged if the terms of

this Agreement were not specifically enforced, and therefore you agree that we

shall be entitled, without bond, other security, or proof of damages, to

appropriate equitable remedies with respect to breaches of these TOU, in addition

to such other remedies as Shaiya XTC may otherwise have available to it under

applicable laws.

I. Force Majeure.
Shaiya XTC shall not be liable for any delay or failure to perform resulting

from causes outside the reasonable control of Shaiya XTC, including without

limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or

military authorities, fire, floods, accidents, strikes, or shortages of

transportation facilities, fuel, energy, labor or materials.

###XTC-Staff Team, Inc. Development XTC