THE BELOW TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.  IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DISCONTINUE USE OF THE SITE IMMEDIATELY.

USER’S AGREEMENT

By accessing draconem.net (Site), you signify that you have read, understand and agree to be bound by the following Terms of Use :

Changing Agreement and Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to these Terms of Use, you are not authorized to make any uses whatsoever of the Site, or any content on the Site, including but not limited to downloading webpages. If you do not agree to a future change in the Terms of Use, you must discontinue any further uses of draconem.net.

Eligibility. The Site is intended solely for users who are eighteen (18) years of age or older. Any use of or access to draconem.net by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By using draconem.net, you represent and warrant that you are 18 years of age or older and that you agree to all of the terms and conditions of this Agreement.

Proprietary Rights in Site Content; Limited License.  All rights are reserved to all original content accessible or available through the Site (the “Site Content”), including but not limited to text, images, musical works, sound recordings, video, software, and selection and arrangement of any content.  All work under copyright is posted under the protection of Fair Use.

No original Site Content may be modified, copied, distributed, framed, reproduced,republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part.

Copyright Complaints. Please see the Fair Use Notice.

Third Party Websites and Content. The Site contains links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Offline. Draconem.net may be temporarily unavailable from time to time for maintenance or other reasons. Site assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission. Site is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web. Under no circumstances will the Site be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site, or Content posted on or through draconem.net.

As-Is. DRACONEM.NET IS PROVIDED “AS-IS” AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH DRACONEM.NET AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Right to Change. Draconem.net reserves the right to change any and all content, software and other items used or contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Site.

Limitation on Liability. IN NO EVENT WILL DRACONEM.NET OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF DRACONEM.NET IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity. You agree to indemnify and hold draconem.net, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with use of the Site.

Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about draconem.net (“Submissions”), provided by you are non-confidential and shall become the sole property of the Site. The Site shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other. The failure of draconem.net to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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