EUA

D&S Family Media Productions End User Agreement

BY CLICKING ON THE CHECKBOX ON THE REGISTRATION FORM LABELED "I have read and agree with the terms and conditions of the D&S Family Media Productions End User Agreement" , YOU ("USER") CERTIFY THAT YOU ARE 18 YEARS OLD OR OLDER, THAT YOU HAVE REVIEWED THIS AGREEMENT IN FULL, AND THAT YOU CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS, WHICH IS REQUIRED FOR AUTHORIZATION TO USE D&S Family Media Productions' Cybis SYSTEM. AFTER YOU HAVE CHECKED THE CHECKBOX LABELED "I have read and agree with the terms and conditions of the D&S Family Media Productions End User Agreement", D&S Family Media Productions WILL SEND YOU A CONFIRMATION EMAIL WITH INFORMATION ON YOUR USER SIGN-ON SO YOU MAY ACCESS AND USE THE SYSTEM. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, DO NOT CHECK THE CHECKBOX LABeLED "I have read and agree with the terms and conditions of the D&S Family Media Productions End User Agreement" AND DO NOT CLICK THE SUBMIT BUTTON AND YOU WILL NOT BE AUTHORIZED TO USE THIS SYSTEM.

1. Definitions
  1.1 Software means the Cybis software, and the other software developed by D&S Family Media Productions or licensed by D&S Family Media Productions from third parties and used in conjunction with the Cybis software, in the development and for the hosting of the System.
  1.2 System means the distance learning and gaming application hosted by D&S Family Media Productions for use by multiple Users.
  1.3 User means each person consenting to be bound by this agreement and receiving a user name and password to access and use the System.

2. Registration For and Use of the System.
  2.1 Registration. If you are under 18, you may use the System only with the involvement or approval of a parent or guardian. In consideration of your use of the System, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted in the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
  2.2 Accuracy of User Information. If you provide any information that is untrue, inaccurate, not current or incomplete, or D&S Family Media Productions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, D&S Family Media Productions has the right to suspend or terminate your sign-on and password and refuse any and all current or future use of the System.
  2.3 Privacy Policy. Registration Data and certain other information about you is subject to our privacy policy. D&S Family Media Productions will not rent, sell, or share personal information about you with other people or nonaffiliated companies except (i) to affiliates or trusted third parties working with us to host, maintain or improve the System where such parties are required to operate under confidentiality agreements with us; (ii) where necessary to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; or (iii) where we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.
  2.4 Member Sign-on, Password And Security. Upon completing the System's registration form, and after a review of the information submitted, you will receive an email with account identification ("sign-on"). You will need to create your own password. D&S Family Media Productions reserves the right to refuse to provide a sign-on to any individual and to terminate access to the System as it deems necessary in its sole discretion. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your sign-ons. You must exit from the System at the end of each session, and you must notify D&S Family Media Productions immediately of any unauthorized use of your passwords or sign-ons or any other breach of security. D&S Family Media Productions cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.4.
  2.5 Limited License Grant. Upon your receipt of a password and sign-on, you are granted a right to access the System for your, historical, personal hobbyist, programming or gaming purposes only. You are granted no rights in or to the underlying Software except as necessary for your access to and use of the System.
  2.6 No Modifications. You may not modify, translate, adapt, decompile, disassemble, decrypt, extract, or otherwise reverse engineer or attempt to discover the confidential source and techniques incorporated in the Software or the System, except and only to the extent that such activity is expressly permitted by applicable law. D&S Family Media Productions or its principals and its licensors reserve all rights to the System and the Software not expressly granted to you in this agreement. You may not create derivative software based on the Software or any trade secret or proprietary information of D&S Family Media Productions.
  2.7 No Sublicenses; Non-transferability. You have no right to grant sublicenses to any party to use or access the System, and you have no right to sublicense the Software or any part thereof to any party. You may not transfer your passwords and sign-ons to any party, and any purported transfer of rights in and to your sign-ons or passwords will cause your sign-ons and passwords to be terminated immediately.
  2.8 No Commercial Use. You agree that you will not engage in any Commercial activity of any kind in connection with use of System.
  2.9 D&S Family Media Productions will accept no fees or donations for operation of the System. However, donations may be accepted to the extent necessary to replace Hardware or Microsoft Software should it be needed.

3. Termination.
This agreement and the rights granted hereunder may be terminated by D&S Family Media Productions without notice pursuant to paragraph 2.2, upon any purported transfer in violation of paragraph 2.7, violation of paragraph 2.8, upon your death, upon D&S Family Media Productions' determination that you are in breach of this agreement, or at any other time by D&S Family Media Productions upon written email notice to you.

4. Disclaimer of Warranties; Limitations of Liability.
  4.1 Your use of the System and the Software is at your own risk, and the System is made available to you on an "as is" and "as available" basis. D&S Family Media Productions and its principals, associates and agents make no warranty, guarantee or promise concerning the availability of the System, and the System may be unavailable at periods without notice. D&S Family Media Productions and its principals, associates, and agents make no representation or warranty whatsoever concerning the functionality of the System or the Software, their fitness for any particular purpose, their capacity to perform as described or in any manner, or that use of the System will be secure or error-free.
  4.2 Release and Limitation of Liability. In the event that you have a dispute with any user of the System, you release D&S Family Media Productions, and its principals, agents, and assigns, from any claims, demands, and damages (actual and consequential) of every kind, whether known or unknown, arising out of or connected with such disputes.
IN NO EVENT SHALL D&S Family Media Productions OR ITS PRINCIPALS, AGENTS, ASSIGNS, SUCCESSORS, AFFILIATES, VENDORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SYSTEM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA ORANY OTHER PECUNIARY LOSS ARISING FROM USE OF OR THE INABILITY TO USE THE SYSTEM.

5. Third Party Rights
  5.1 No Assignment. You may not assign this agreement to any party. Your sign-ons and passwords are non-transferable, and any rights to your D&S Family Media Productions sign-ons and passwords terminate upon your death. D&S Family Media Productions may assign this agreement without your consent to any party.
  5.2 Third Party Enforcement of Rights. Third-parties from whom D&S Family Media Productions has licensed rights to software that is incorporated into the System shall have the right to enforce the provisions of this agreement against any User.

6. Governing Law and Jurisdiction.
Illinois law shall govern all use of the System and the provisions of this agreement, regardless of the location or citizenship of the User. By using the System, you consent to the exclusive jurisdiction and venue of the appropriate state court in Champaign County, Illinois, or the Cenral District of Illinois, Urbana IL for federal issues, such as copyright, patent and trademark infringement claims. You further agree that you will not institute legal actions against D&S Family Media Productions or any of its agents in any other court or administrative body, without the express prior written permission of D&S Family Media Productions. If you violate this provision, you shall be liable for all legal fees and costs incurred by D&S Family Media Productions, in removing the case to an agreed court.

7. Entire Agreement.
This agreement constitutes the entire agreement between you and D&S Family Media Productions concerning your use of the System and the Software, and it supersedes any prior agreement or understanding. Thank you for taking the time to read it.