Terms of Use

Introduction

This website is provided by Red Eagle Games and its affiliates (collectively, “Red Eagle"). Please read these Terms of Use carefully before using this site. By using this website, you signify your agreement with these Terms of Use. If you do not agree with any of the Terms of Use, please do not use this site. Red Eagle reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this website after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. These Terms of Use were last updated on August 3, 2009. Red Eagle retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This website provides links to other websites affiliated with Red Eagle that may have usage policies different from, or in addition to, the Terms of Use specified herein, particularly in the case of websites hosting third-party content or websites that allow postings by third-parties. By accessing such websites through links provided on this website, you agree to abide by each applicable third party usage policy as therein specified.

Trademarks, Copyrights and Restrictions

This site is controlled and operated by Red Eagle. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Red Eagle, its related companies or by other parties that have licensed their material to Red Eagle. Material on www.red-eagle-games.com or any website owned, operated, licensed or controlled by Red Eagle is solely for your personal and non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Red Eagle. Use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Red Eagle's copyrights, trademarks and other proprietary rights, and is prohibited.

Submissions

It is Red Eagle's policy not to accept or consider submissions of concepts, stories images, or other forms of content. Therefore, please do not send Red Eagle unsolicited submissions. Any material you send will not be treated as confidential or create any duty or liability for Red Eagle and its affiliates.

Website Links

This site may contain links to other websites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Red Eagle is not responsible for, and does not endorse, the content of any Linked Sites whether or not Red Eagle is affiliated with the sponsors of a site. Other Red Eagle websites, as well as any other third party sites linked to from this website, may each have different privacy policies and practices. You should carefully review these other websites' privacy policies in order to determine how each site may use any personal information you provide. Visitors to any linked site are urged and expected to abide by the usage terms and privacy policies of that particular linked site.

Red Eagle welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Red Eagle. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Red Eagle site, including but not limited to any logos, images or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the content or other materials on the Red Eagle website without prior written consent of Red Eagle.

Information Updates

Materials contained on this website or in links from the website are dated as of the date originally issued or posted and may no longer be accurate. While Red Eagle tries to ensure that any information posted to this website is both timely and accurate, errors may appear from time to time and certain information may not be the most current information available. While follow-up information and reports may be posted, the web site may continue to provide access to the original information and reports, as in an archive of press releases, for example, and Red Eagle may not change the original report to reflect the new developments. Individuals looking for the most recent information should be sure that they are not accessing an outdated report. Before acting on information found on the site, facts that are important to a decision should be independently confirmed. Red Eagle assumes no obligation to update any materials.

Cookies

From time to time, we may send "cookies" to your computer primarily to enhance your online experience. "Cookies" are files that can identify you as a unique customer and store your personal preferences as well as technical information (including click through and click stream data). Cookies can either be permanent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). We may also use "Web beacons" that monitor your use of our sites. Web beacons (or Web bugs) are small strings of code that provide a method for delivering a graphic image on a Web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the Web beacon appears, the URL (Uniform Resource Locator) of the page on which the Web beacon appears, the time the page containing the Web beacon was viewed, the types of browser that fetched the Web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, Web beacons let us know whether you received and opened our e-mail.

On their own, cookies or Web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish the site with personally identifiable information, this information can be linked to the data stored in the cookies/Web beacons.

By accepting this Privacy Policy, you specifically agree to our use of cookies and Web beacons as described herein. You may adjust your browser to reject cookies from us or from any other website. Additionally, by setting your Web browser to display HTML e-mails as text only, you may be able to prevent the use of some Web beacons. Please consult the "Help" section of your browser for more information. However, certain areas of our sites can only be accessed in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.

Privacy Policy

Red Eagle respects the privacy concerns of visitors to its websites. Red Eagle’s Privacy Policy is set forth at the link below: Privacy Policy

DISCLAIMER OF WARRANTIES AND LIABILITY

THE MATERIALS ON RED EAGLE'S WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. RED EAGLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER RED EAGLE, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF RED EAGLE'S WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT RED EAGLE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON RED EAGLE'S WEB SITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. RED EAGLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN RED EAGLE'S WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU EXPRESSLY AGREE THAT USE OF THE RED EAGLE SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER RED EAGLE, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF RED EAGLE'S WEB SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER RED EAGLE WEB SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RED EAGLE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT RED EAGLE) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT RED EAGLE IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

Indemnification

You agree to indemnify, defend and hold harmless, Red Eagle, its subsidiaries and other affiliated companies, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use. Red Eagle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Red Eagle in asserting any available defenses.

Jurisdiction

Unless otherwise specified, the materials in the Red Eagle website are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Red Eagle from its offices within the State of California, United States of America. Red Eagle makes no representation that materials in Red Eagle's website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Red Eagle bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Red Eagle.