Battle Dawn Terms and Conditions

I. BATTLE DAWN ACCOUNT REGISTRATION
By completing the Battle Dawn registration process and creating a Battle Dawn Account, you become a Battle Dawn Member (heretofore known as a “Member”) and are subject to all terms, rights, and conditions applicable to Battle Dawn Membership. Your Account allows you to participate in certain games and activities on Battle Dawn. To create an Account, you must select a login name and password.  This login name is distinct from the in-game entity that you will create at the completion of the registration process.  All information provided during the registration process must be accurate and must truthfully represent you, the registrant.  You may not provide false information nor another person’s information during the registration process.  Each player must personally complete his or her registration.  After receiving your login information, you must choose a ruler and colony name.  Your ruler and colony must be unique (not in use by another player) and may not be vulgar or otherwise offensive, or be used in any way that violates the Terms of Service.  TacticSoft reserves the right to designate any login name, ruler name, or colony name as inappropriate.

You are solely responsible for all activity on your Account as well as for the security of your computer system or any other device that is used to access Battle Dawn.  TacticSoft and its representatives are in no way responsible for damages to your device(s) or connection(s) incurred directly or indirectly while playing Battle Dawn or participating in the Battle Dawn Online Community (which includes but is not limited to Forums, Wikis, Chat, and E-mail).  You are forbidden to disclose your login name or password to other Members.  Battle Dawn Staff will never ask you for your password.  If you forget your password, you may retrieve it by the using the "Forgot Password" link on the login screen.  You agree to indemnify and hold TacticSoft harmless for any improper or illegal use of your Account.  This includes illegal or improper use by someone to whom you have given access to your Account.  Your Account and its access to any of our services is subject to immediate and irrevocable termination if you or anyone using your Account violates our Terms of Service.  If your Account is terminated, you may not join Battle Dawn again without TacticSoft’s express permission. If you wish to rejoin Battle Dawn, please contact contact@battledawn.com

A. Charges, Billing And Free Trials
Battle Dawn is a free, ad-supported service.  While playing Battle Dawn and participating in the Online Community, you agree not to alter, block, or otherwise modify any advertising displayed.  Any modifications to the advertising will subject you to immediate termination.  Since Battle Dawn is a free service, you may have a Battle Dawn Account without paying Battle Dawn to participate in a game or other activity.  However, Battle Dawn does provide fee-based packages in the game, which give Members certain advantages such as banner-ad removal and in-game resources.  These packages are subject to change without notice.  You must have a Battle Dawn Account in order to purchase packages in Battle Dawn. The fees and other billing information are published in the game pages.

B. Termination Of Account
Both TacticSoft and you, the Member, have the right to terminate or cancel your Account or a particular subscription at any time.  With regards to any dispute with TacticSoft or in Battle Dawn, you understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy.  No other options are provided to the Member.  This parameter applies, but is not limited, to any dispute related to, or arising out of: (1) any term of this Terms of Service or TacticSoft enforcement or application of this Agreement; (2) the Content available through Battle Dawn or any change in Content provided through Battle Dawn and its Online Community; (3) your ability to access and/or use Battle Dawn; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You may cancel your Account from within the game personally or by sending a message to the in-game admin.  All cancellations are final and cannot be reversed.  TacticSoft reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated or canceled, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything within Battle Dawn associated with it (such as points, tokens or in-game items). Active Battle Dawn Account holders may not allow former Account holders whose Account has been terminated by Battle Dawn to use their Accounts. Any delinquent or unpaid Accounts or Accounts that have unresolved issues with TacticSoft must be settled before TacticSoft may allow you to register again.

If you violate these Terms of Service, TacticSoft may issue a warning about the violation to you, or TacticSoft may choose to immediately terminate any and all accounts that you have established.  You acknowledge that TacticSoft is not required to provide notice to you before terminating your Account, but it may choose to do so at its discretion.

II. ONLINE CONTENT
“Content" includes but is not limited to the software, communications, images, sounds, material and information seen on the Battle Dawn service.  Battle Dawn, its Members, Affiliates, and independent content providers provide most of the Content on Battle Dawn.  Battle Dawn does not prescreen all Content.  You bear the entire risk of the completeness, accuracy or usefulness of Content found on Battle Dawn.

Vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for Battle Dawn. Content standards may vary depending on the location from which you access Battle Dawn, the type of game you are playing, and the expectations of the community.  Some game play and chat rooms may involve the use of stronger language than others, including mild expletives.  Always use your best judgment in online conduct. If you would not say something in a room full of people you have never met, or in the workplace, do not post it on Battle Dawn message boards or chat.

TacticSoft reserves the right to and may monitor your communications on Battle Dawn.  However, TacticSoft cannot monitor all of the Content on Battle Dawn and does not attempt to do so.  If you encounter something offensive, you may report it to the game admin or complaint e-mail address for the area in which the incident occurred. TacticSoft does not endorse, approve, or prescreen any Content that you or other users communicate on the Service. TacticSoft assumes no responsibility or liability for Content that is generated by Members or other guests on Battle Dawn.  TacticSoft reserves the right to remove Content that is deemed objectionable for any reason. This determination is in TacticSoft’s sole discretion and is final.  TacticSoft assumes no liability for any failure to remove or any delay in removing Content.

If TacticSoft representatives remove Content that you created, they may send you a warning. If it is a serious offense or if you have violated our rules in the past, you may be banned from participating on Battle Dawn and your Account may be terminated.

III. ONLINE CONDUCT
Online conduct should be guided by common sense and basic etiquette. The laws that apply in the offline world must be obeyed online as well. TacticSoft maintains zero tolerance for illegal behavior on Battle Dawn.  You must also obey rules that pertain to the use of third party tools, and rules of interactive service providers, local, state, federal laws, or foreign or international law where appropriate.  Ignorance of the law is not an excuse.  TacticSoft will terminate Accounts used in illegal behavior on Battle Dawn and will cooperate with law enforcement in any investigations thereof.

You agree that you are personally responsible for your use of Battle Dawn and for all of your communication and activity on the Service, including any Content you contribute, and that you will indemnify and hold harmless TacticSoft, its representatives, affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Battle Dawn, including any Content that you contribute.

A. Gaming Guidelines

In order to make everyone's experience here at Battle Dawn enjoyable, TacticSoft has set up several basic guidelines which it asks that you follow. Violation of any of these rules can and will result in immediate removal of your Battle Dawn Account.  In order to access or play Battle Dawn, or use services made available through Battle Dawn, you must have an Account on Battle Dawn.

B. Account Management

Players are allowed to create and maintain one and only one account in each game. Each player should use only his or her own account; under no circumstances should accounts be shared, traded or played by anyone other than the original owner.  In the event any of these violations occur, your account(s) and any other accounts involved in the violation(s) will be removed and access to Battle Dawn and its services revoked.  

C. Contact Information

The information you provide when signing up is used to protect the Battle Dawn from fraudulent use. You must provide complete and accurate information to participate in any Battle Dawn service. 

D. Game Play

Under no circumstances are users allowed to use the assistance of automated processes to improve their performance in Battle Dawn. Use of automated scripts or other software outside of the web-based interface provided by TacticSoft that accesses Battle Dawn is expressly forbidden.  Reverse engineering or manipulation of any communication between the Flash-based client software and the Battle Dawn servers is expressly prohibited and will result in immediate termination upon discovery.

E. Fair Play

Players who try to manipulate the rules and/or use loopholes in them may be banned from Battle Dawn.  Each incident will be investigated by Battle Dawn Staff, but the ultimate decision is at the Staff’s sole discretion.

F. Playing Fairly and Honestly

TacticSoft, Ltd upholds high standards of moral behavior.  Any player who is caught manipulating bugs in the game or has been cheating in any other way may have their Account(s) terminated immediately.  The use of inappropriate language or the propagation of inappropriate content, as defined in Section II, Paragraph 2, may also result in Account termination.

G. Responsibility of the Development Staff

TacticSoft will make its best effort to provide Members with a flawless, uninterrupted gaming experience; however TacticSoft is not liable in any way for server outages, faulty programming, or unexpected and/or irreversible changes in data. The occurrence of any disadvantages for Members resulting from server outages, faulty programming, etc. does not entitle a Member to claim the recovery of his or her account's status before the occurrence.

H. Refunding and Crediting

TacticSoft recommends that all Members use hard passwords (at least eight characters using at least three of the four character types; upper case, lower case, numbers, or symbols) and be careful when accessing Battle Dawn from public places. If your Account is hacked, you will not be refunded for any losses, even if the loss of control results in the deletion of your Account.  TacticSoft maintains the right to credit players with certain in-game bonuses if they are the victims of cheaters’ actions.  However, such liberties are at the sole discretion of Battle Dawn Staff and are in no way rights of the Member.  At any time, TacticSoft may change or update the game rules and the game packages as well as features and elements of Battle Dawn; players will not be compensated for the impact of these changes.

I. Liability 
TacticSoft is not responsible for any equipment that may be harmed in the course of gameplay.  Furthermore, TacticSoft is not responsible for any personal injury.  TacticSoft wishes the best for its Members and warns that extensive periods of time sitting in front of a computer could be unhealthy.

J. Game Updates
TacticSoft reserves the right to change any aspect of Battle Dawn without prior warning. 

K. Definitions of "multi" and "cheating"
The designation of the multi mark is not the same as being a multi. A multi, by definition, is a player who creates and manages more than one account in a Battle Dawn world. There are no exceptions to this definition or the rule forbidding such practices. Furthermore, any account which is primarily (more than 50% of the time) managed by a player is classified as their account. Thus, having friends who create accounts and trade their resources to you or who allow you to use the account to steal crystals, etc is in violation of the rule. The application of this definition, then, is to caution players against assuming that the multi mark means a player is cheating, as well as warning even donors that creating multiple accounts is prohibited and will result in banning.

L. Purpose of Supporting Battle Dawn
The purpose of being a Supporter in Battle Dawn is two-fold. From the perspective of the player, it is to gain extra resources (metal, oil, workers and/or bonus ticks) and possibly to remove a multi mark gained through legitimate gameplay, most often when accessing their account from school, work, or internet cafes. Note: the removal of the multi mark is to legitimize players who are playing according to the rules. From the perspective of the TacticSoft and Battle Dawn Staff, Supporters serve to support the ongoing operation of the game servers, the time and energy of Staff, and the continual process of improving and developing Battle Dawn and future games. TacticSoft appreciates all who Support, vote, and refer friends to the game and shows no partiality to those who do or don't do one or more of those.

M. Actions by In-Game Admins
When accounts are suspected of being multis, the traditional approach is to message Account holder requesting an explanation for the status and similarities between accounts. However, in the case of accounts with nearly identical names, such as "John of Smith" and "Smith of John", the blatant violation of the multi rule calls for immediate action on one or more accounts. As stated previously, all actions and decisions by Staff are at the sole discretion of TacticSoft.  Players may contact the relevant administrator via the forums or other Community methods in cases where Battle Dawn access is unavailable.

IV. TACTICSOFT GAME POLICIES

TacticSoft, Ltd. makes every effort to monitor Battle Dawn and ensure a fair and competitive gaming environment. TacticSoft, Ltd. reserves the right to remove any user from Battle Dawn without notice and provides no guarantee of service quality. By participating in Battle Dawn, you agree not to hold TacticSoft, Ltd. responsible for any incidental damages caused by our service, known or unknown at that time and forever hold harmless in any claim against TacticSoft, Ltd.

Thank you for abiding by these rules and helping make Battle Dawn one of the world's largest interactive games. If a fellow user is violating these rules, please let us know immediately.

You can contact TacticSoft / Battle Dawn through the following methods of e-mail: contact@battledawn.com.

Heretofore, the terms “Battle Dawn” and “the Service” are interchangeable.

A. Terms of Service

You will violate the Terms of Service if you (or others using your Account) do any of the following:

· Manipulate bugs in the game or cheat.

· Post, transmit, promote, or distribute content that is illegal.

· Continue to harass, threaten, embarrass, or do anything else to another Member or guest after receiving a warning from them or a member of the TacticSoft/Battle Dawn Staff. Examples include: slander, spam, racism, prejudice against orientation or heritage, etc.

· Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated. ·TacticSoft hold the final say over the definition of “reasonable”.

· Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].

· Impersonate another person (including celebrities), indicate that you are a TacticSoft employee or a representative of TacticSoft / Battle Dawn, or attempt to mislead users by indicating that you represent TacticSoft, Battle Dawn or any of TacticSoft or Battle Dawn's partners or affiliates.

· Attempt to get a password, other account information, or other private information from a Member or any other user on Battle Dawn. Remember: Battle Dawn staff will NEVER ask for your password. Don't give your password, reminder words, or billing information out to anyone. ·

· Upload any software or Content that you do not own or have permission to freely distribute.

· Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.

· Upload files that contain viruses or corrupted data. ·

· Post messages for any purpose other than personal communication, including but not limited to advertising, promotional materials, chain letters, pyramid schemes. ·

· Improperly use in-game support or complaint buttons or make false reports to Battle Dawn staff members.

· Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications.

· Modify any part of Battle Dawn or any site or service connected with the Battle Dawn Community that TacticSoft does not specifically authorize you to modify.

· Violate applicable laws, regulations and rules anywhere you connect to BattleDawn. This includes rules for use of third-party technology and content, rules of interactive service providers, and federal, state, local and foreign laws where applicable. Ignorance of the law is no excuse. The laws that apply in the offline world must be obeyed online as well. TacticSoft maintains no tolerance for illegal behavior on Battle Dawn. TacticSoft will cooperate with law enforcement in such matters.

· Post or communicate any player’s real-world personal information within the Service or through any Service Web Site or any Service bulletin board. ·

· Attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.

· Exploit any bug in the Service or in any TacticSoft product to gain unfair advantage in the game and communicate the existence of any such bug (either directly or through the public posting) to any other user of the Service. ·You are only authorized to communicate regarding the bug or exploit to the official administrative staff where the bug/exploit is discovered.

· Attempt to play Battle Dawn on or through any service that is not controlled or authorized by TacticSoft, Ltd. You will not participate in any online service that provides online features or game play relating to Battle Dawn that is not authorized by TacticSoft, Ltd.

· Interfere with the ability of other Service users to enjoy playing Battle Dawn and use the Service, in accordance with its rules.

· Materially increase the expense or difficulty of TacticSoft, Ltd in maintaining the Service for the enjoyment of all its users.

· Exchange resources, accounts or any other Battle Dawn game element outside of official Battle Dawn mediums. The buying and selling of resources outside of the Battle Dawn Supporter packages is expressly prohibited and will result in banning.

If you encounter another user of the Service who is violating any of the Rules of Conduct described above, please report them using the "Help" or "Report Abuse" functions of the Service (e.g., to capture chat and to report abusive users) or use the aforementioned e-mail contact methods.

You further agree that these rules will apply to anyone that you allow to use your Service account or login name, and that you are personally responsible for the consequences (including termination of your account) that may result if any such person breaks these rules.

In order to help make the Service an enjoyable experience for everyone, TacticSoft may occasionally find it necessary to make changes to or reset certain parameters of the Service in order to bring it back into balance. These changes or resets may affect your game account or alliance under your control and may cause you setbacks within the game world.  TacticSoft is liable to compensate you for such losses/setbacks or to restore you to any previously attained to position after such changes.

These rules may be changed and new rules may be added at any time. You agree to check the Service web site periodically to review any rule changes that TacticSoft, Ltd. may have made.

B. Public Nature of Communications
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore TacticSoft strongly encourages you not to disclose any personal information about yourself in your public communications on the Service. TacticSoft is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.

Once you post or send any Content to TacticSoft, you expressly grant TacticSoft the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in Battle Dawn, and without any notice or compensation to you of any kind.

C. Commercial Activity and Unsolicited E-mail
You may not advertise any goods or services on Battle Dawn. Chain letters and pyramid schemes are not allowed. You may not use any area of Battle Dawn to collect information, including login names, about Battle Dawn Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit Battle Dawn, or any games or services offered on Battle Dawn for any commercial purpose. Any violation of these provisions can subject your Battle Dawn Account(s) to immediate termination (or result in revocation of Guest status, if you are a guest) and further legal action.

D. Use of Machines, Computers, Scripts
The use of machines, computers, scripts or any automated system on Battle Dawn is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act. You may only play Battle Dawn games with one type, version or copy of browsing software application at any one time. TacticSoft may terminate and permanently disqualify any Members who, at TacticSoft’s sole discretion, are determined to be in violation of these Terms of Service. All decisions by TacticSoft are final.

E. Proprietary Rights; Copyrights and Trademarks
Much of the Content available on Battle Dawn is owned by TacticSoft or its licensors and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from Battle Dawn unless you have express authorization from a legal representative of TacticSoft to do so.

You must have the legal right to upload any Content to Battle Dawn before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on Battle Dawn, unless Battle Dawn expressly authorizes you in writing to do so. Making unauthorized copies of any Content found on Battle Dawn can lead to the termination of your Battle Dawn Account(s) (or revocation of Guest status, if you are a guest) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless TacticSoft and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

F. User’s Computer Information
When you connect to Battle Dawn, TacticSoft may retrieve information about the computer's hardware system and any data related to the computer's operation of Battle Dawn from the computer used to log onto the Service. TacticSoft will not collect any personal information about you.

G. Links to Third-Party Sites
TacticSoft may include hyperlinks to web sites operated by parties other than TacticSoft, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. TacticSoft does not control such web sites and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

V. BETA TESTS

You may be given the opportunity to beta test new games and site features. Your participation as a beta tester is subject to the following terms and conditions.

A. Closed Beta Tests
Closed beta tests are confidential. The beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed beta test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the beta games. You will carry out the testing personally and not provide access to beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to TacticSoft, and TacticSoft is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until TacticSoft publicly distributes or has otherwise disclosed to the public through no fault of yours each of the games and the content that you are testing.

B. All Beta Tests (Closed And Open)
(1) As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is", "as available" basis and TacticSoft makes no warranty to you of any kind, express or implied.

(2) When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.

(3) By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and that you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) TacticSoft has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) TacticSoft Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

(4) Beta Test accounts are non-transferable under any circumstances.

VI. NEWSLETTERS, CONTESTS & SWEEPSTAKES
By subscribing to any Service newsletter(s), subscribers understand they may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes.

VII. LIMITATIONS ON WARRANTY AND LIABILITY
You expressly agree that the use of Battle Dawn, Battle Dawn software, and the Internet is at your sole risk. Battle Dawn, Battle Dawn software, TacticSoft’s products and services, and third-party services and products are provided on an "as is" and "as available" basis for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. TacticSoft provides the Service on a commercially reasonable basis and does not guarantee that you will be able to access or use the service at times or locations of your choosing, or that TacticSoft will have adequate capacity for the service as a whole or in any specific geographic area.

You acknowledge and agree that your sole and exclusive remedy for any dispute with TacticSoft or its licensors is to stop using the Service, and to cancel your account.  You acknowledge and agree that TacticSoft, its subsidiaries, licensors and affiliates are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on the Service or use of Battle Dawn software. In no case shall the liability of TacticSoft, or its subsidiaries, licensors, affiliates, employees, officers, or directors, to you exceed the amount that you paid to TacticSoft for the Service. In no case shall TacticSoft or its affiliates be liable for incidental or consequential damages arising from your use of Battle Dawn, Battle Dawn software, the Internet or for any other claim related in any way to your use of or membership on Battle Dawn. 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, TacticSoft and TacticSoft’s affiliates' liability shall be limited to the full extent permitted by law. TacticSoft does not endorse, warrant or guarantee any third party product or service offered through Battle Dawn and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

VIII. INDEMNIFICATION
Upon request by TacticSoft, you agree to defend, indemnify and hold harmless TacticSoft and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on Battle Dawn. TacticSoft reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to TacticSoft in that matter. This Section shall survive termination of this Agreement.

IX. OTHER LEGAL TERMS
You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the TacticSoft Terms of Service, including TacticSoft’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The laws of Israel, excluding its conflicts-of-law rules, govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with TacticSoft or relating in any way to your Membership or your use of Battle Dawn resides in the courts of Tel Aviv and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Tel Aviv in connection with any such dispute including any claim involving TacticSoft or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

© 2007 TacticSoft, Ltd. All rights reserved.