Last Updated March 26, 2008
PLEASE READ THE FOLLOWING TERMS, CONDITIONS, POLICIES, AND NOTICES CAREFULLY AND IN THEIR ENTIRETY. THIS LICENSE DESCRIBES THE TERMS ON WHICH SAGA GAMES LLC ("SAGA GAMES") OFFERS YOU ACCESS TO AN ACCOUNT TO PLAY THE GAME. YOUR ACCEPTANCE OF THE TERMS BY CLICKING "I ACCEPT" AT THE BOTTOM OF THIS LICENSE CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH TERMS OF THE LICENSE. SAGA GAMES MAY, AT ANY TIME, ADD, REMOVE, OR MODIFY THE TERMS OF THIS LICENSE BY POSTING A NOTICE OF SUCH CHANGES. ANY SUCH CHANGES SHALL BECOME PART OF THE LICENSE. YOUR CONTINUED USE OF THE GAME CONSITUTES YOUR AGREEMENT TO ALL SUCH TERMS. SHOULD YOU CHOOSE TO DECLINE, CLICK THE "I DECLINE" BUTTON, AT WHICH POINT YOU WILL BE UNABLE TO ACCESS YOUR ACCOUNT. IN THIS EVENT, PLEASE REFER TO OUR END USER LICENSE AGREEMENT'S REFUND POLICY.
Saga is an online game service ("Game Service") that allows you to play the Game when you (i) obtain a copy of the Game either on CD-ROM ("CD") or via download from the Saga website or a designated partner site ("Download") or through any other means, which includes software and associated media, printed materials and/or electronic documentation, (ii) set up an account through the Game Service ("Account"), and (iii) utilize any software programs provided to you as an Account holder through the Game Service (together with the CD and Download, hereinafter, "Software"). In the Game, you will collect digital objects, some of which you will likely purchase from the website, in the form of Saga troops and spells and other virtual objects and will obtain a limited license for the right to use such objects. You will not acquire any ownership interest in these objects.
2. Account Eligibility.
The Account is personal to you and may not be transferred, sold or used by anyone else. The Game and Game Service are available only to individuals eighteen (18) years of age and older. If you are between the ages of thirteen (13) and eighteen (18), your parent or guardian must complete the registration process, in which case the parent or guardian will take full responsibility for all obligations under this License. By clicking the "I Accept" button, you represent that you are at least eighteen (18) years of age and are either accepting this License on behalf of yourself or on behalf of your child. You may not transfer, sell, or share your Account with anyone, unless you are a parent or guardian, in which case you may permit one child to use the Account instead of yourself. You are liable for all activities conducted through the Account.
Saga Games expressly limits each End User to no more than 2 (two) Game Accounts. Creation of multiple accounts may cause unfair advantage in game play, and as such the use of three or more accounts is expressly forbidden. If Saga Games suspects that a user is using more than two accounts, Saga Games reserves the right to immediately and indefinitely suspend all accounts of that user, including all virtual property held in such accounts, if any.
2.1a Event Eligibility.
In addition to the above requirements, to participate in Saga tournaments (if any) or contests, promotions, etc. (if any) with entry fees and/or prizes, you must be physically located in a U.S. state in which participation in such events is unrestricted by law.
Rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are established by individual states. Based on these 50 sets of laws, Saga Games cannot offer fee-based tournaments with prizes to resident of the states of Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Louisiana, Maryland, Nevada, Tennessee, Texas, Vermont, and Washington. You must be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.
2.1b Eligibility (Non-U.S.).
You are subject to all laws of the state, province, and/or country in which you reside and from which you access the Site, and you are solely responsible for obeying those laws.
You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any tournament offered on the Site, nor shall any person affiliated with or claiming affiliation with the Site have authority to make any such representations or warranties.
It is the policy of Saga Games, in compliance with the United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) in any given year. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
A new law went into effect April 21, 2000, imposing new rules regarding the collection of personal information from children (The ChildrenÃ¢â‚¬â„¢s Online Privacy Protection Act). The Game Service is not directed to children under the age of thirteen (13). As such, if you are under the age of thirteen (13) you may not create an Account and are asked not to provide any personal information to Saga Games.
Members whose Accounts have been previously terminated by Saga Games may not access the Game Service in any manner or for any reason without the express written permission of Saga Games. Active Members may not allow former Members to use the active Members' Account or User Name.
3. Security and Passwords.
Upon registration, you must select a User ID and password. You may not pick a User ID that violates anyone's trademarks, publicity rights or other proprietary materials, nor one that you use to impersonate any other entity. You are responsible for maintaining the confidentiality of your password and for any harm resulting from your disclosure or from use by any person of your password to gain access to your Account and User Name. You are responsible for all uses of your user name and password, whether or not authorized by you. Saga Games will never ask you for your password; as such you should never disclose your password to anyone. There may be an additional charge to reissue lost passwords. You acknowledge that although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, this feature makes it possible for third parties to access your computer and thus your Account. Should you choose to utilize this password memory feature, it will be at your own risk.
Saga Games may record your chat and/or email dialogues and you consent to being monitored; however, you hereby acknowledge that Saga Games is under no obligation to monitor chat and/or email, and you engage in them at your own risk.
SAGA intends to be reasonable in all its dealings with players and expects a similar attitude and demeanor. This may seem like a joke, but we care a lot about our players and are only trying to make SAGA the best game possible.
6. Fees for Product and Service.
Fees for Game Product and billing procedures are contained at the billing section at http://www.PlaySaga.com in the section entitled "My Nation" ("Payment Page") and are herein incorporated by reference. All fees are stated in U.S. Dollars. All fees must be prepaid and are non-refundable, unless otherwise expressly stated for the product. Upon your acceptance of this License, you authorize us to charge your credit card for any applicable fees plus taxes. Thereafter, on any future due date, you authorize us to charge your credit card for the then-current renewal rate (if any) for use of the Game Service plus applicable taxes. If your credit card cannot be processed at any time, your account may be immediately terminated. Prices and fees apply to the purchase or redemption of Game Products, including without limitation, online trading cards, booster packs, theme decks, tournament packs, and tournament tickets.
There currently are no membership fees for use of the game service. Saga Games may change its Game Product or membership fees and/or billing procedures upon thirty (30) days notice of the changes that shall be posted on the Payment Page. You are responsible for reviewing the Payment Page to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your Account as provided in Section 16. Your continued use of the Game and Game Service fifteen (15) days after posting of the changes on the Payment Page will indicate acceptance of such changes. You are fully liable for all charges under your account, including any unauthorized charges. When you pay for any charges by credit card, you represent to Saga Games that you are the authorized user of such credit card.
7a. Game and Forum Conduct and Use.
You agree to be personally responsible for your use of this Game and Game Service and conduct yourself in a lawful and respectful manner. Saga Games may change the Rules of Conduct at any time. You acknowledge, however, that Saga Games does not pre-screen Member content or communication over the Game Service. Certain areas of the Game Service provide access to online forums or chat rooms ("Forums"). Discussion Forums and e-mail submissions over the Internet may not be secure. Please consider this fact prior to e-mailing any personal or confidential information. Saga Games does not endorse, and specifically disclaims any responsibility or liability for any content in the Forums. In addition, Saga Games, in its sole discretion, reserves the right to delete, move or edit content, in whole or in part, submitted to the Forums if it deems the content to be abusive, defamatory, obscene, in violation of intellectual property, privacy or other proprietary rights, in violation of this License, or for any other reason You agree to use the Forums only to post, send and receive messages and material that are proper, related to the subject matter of the Forums and that comply with applicable law. You agree to any additional terms and conditions posted at the Forums, if any.
Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players is STRICTLY PROHIBITED.
Saga Games may record your chat and/or email dialogues and you consent to being monitored; however, you hereby acknowledge that Saga Games is under no obligation to monitor chat and/or email, and you engage in them at your own risk.
Saga Games has no obligation to monitor the Forums. However, Saga Games reserves the right to review materials posted to the Forums and to remove any materials in its sole discretion. Saga Games reserves the right to terminate your access to any Forum at any time, without notice, for any reason whatsoever. Furthermore, Saga Games reserves the right at all times to disclose any information as Saga Games deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Saga Games' sole discretion.
7b. Game and Forum Rules of Conduct
You agree to comply with all Rules of Conduct as contained herein. Any infraction, which will be determined to be an infraction at the sole discretion of Saga Games, will result in account termination. All virtual objects associated with the account, including troops, spells, resources, and all other objects associated with your account can and will be terminated if you have breached these important rules that provide a game environment that is unoffensive to others in the game space. In many cases, we will enforce a zero tolerance of behavior that intentionally commits or causes to be created instances of player hostility and abuse. Of course, we recognize that Saga is a competitive game, with opponents and rivalries. But this spirit of competition and rivalry in no way can be confused with license to behave abusively.
In-game chat, email, and nation/unit/guild naming are areas that apply to this section in particular.
If a player is breaking the rules of conduct as contained herein, PLEASE ASK HIM OR HER TO DESIST IMMEDIATELY. If a player again violates the Rules of Conduct, please report him on the forums or email email@example.com, and describe the situation in detail.
Below are some particular rules of conduct, which are not limited to these following:
No form of abuse, verbal or otherwise, will be tolerated (not limited to offensive language). Non-verbal abuse includes "griefing", as the term is understood in the gaming industry, in the sole determination of Saga Games LLC.
Harassment, especially sexual, racist, or bigoted in nature, will NOT be tolerated.
Offending players will be temporarily suspended from the game, have their chat privileges revoked, or have their account suspended until further notice with a potential total loss of all virtual objects associated with that account.
Use of the /ignore command is encouraged.
If other players are politely asking you to desist in bending or breaking these rules of conduct, please desist immediately. Please use the whisper (/w) command whenever appropriate. The general channel is not a suitable channel for settling arguments.
The following kinds of dialogue should never appear in chat or emails, and will be strongly enforced: racial, bigoted, and ethnic slurs or comments, language depicting or referring to extreme sexuality or violence, real-life information about players other than very generic or innocuous references ("I like pizza"), threats of any kind having to do with real life, language or comments offensive regarding sexual preference, harassment (sexual or otherwise), defamatory remarks, language promoting illegal activity, spam or advertisement, offensive comments of a religious nature, or obscenity and vulgarity of diverse kinds.
Saga Games will make decisions regarding disciplinary action on a case by case basis at their sole discretion. Language that violates the Rules of Conduct will likely result in a warning, temporary supension from your account, a final warning, after which another infraction will result in account closure.
It is not in the interest of Saga Games to close accounts or police the chat and email systems escessively. However, behavior that is deemed to be ruining the Saga game experience for others will of course be acted upon.
Names of Nations and Units and Guilds must obey the following rules:
Racial, Ethnic, anti-sexual-preference and Nationalist offensive names for nations and/or units will not be tolerated. Names depicting or expressing ideas of extreme sexuality or violence will not be tolerated. Names otherwise offensive to others will likewise not be tolerated. All Rules of conduct regarding chat and email listed above will also apply to nation and unit names.
ANY MISREPRESENTATION BY IMPERSONATION OF ANY PERSON OR ENTITY WHICH YOU ARE NOT IN CHAT OR IN-GAME EMAIL OR EVEN THROUGH NAMES OF GUILDS OR NATIONS IS STRICTLY PROHIBITED, AND WILL BE STRICTLY ENFORCED.
You may not communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Saga Games agent or employee.
8. Intellectual Property Rights and Grant of License.
The materials available through the Saga game which include a variety of troops and spells, interfaces, logos, icons, and other artworks are property of Saga Games LLC or its subsidiaries (collectively "Saga Games") or of its licensors, licensees, or affiliated companies. These materials are protected by copyright, trademark, and other intellectual property laws. Information received through the Saga game may be displayed, reformatted, and printed for your personal, noncommercial use only. You may not reproduce or retransmit the materials, in whole or in part, in any manner, without the prior written consent of the owner of such materials, with these exceptions only: You may make two copies of the materials available through the Saga Game and website, solely for your personal, noncommercial use, and only if you preserve any copyright, trademark, or other notices contained in or associated with them. You may not distribute such copies to others, whether or not in electronic form, whether or not for a charge r other consideration, without prior written consent of the owner of the materials.
All rights and title in and to the Game program and the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, transcripts of the chat rooms, recordings of games played, and the Game client and server software) are owned by Saga Games or its licensors.
Subject to the terms of this License, Saga Games hereby grants you a non-exclusive limited license ("License") to use the Software, Game Service, and Game Products solely in connection with playing the Game via your authorized and fully paid Account. This License includes the right to trade online objects through the Game Service, subject to the terms hereof. Except as provided by this License and the Rules of Conduct, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any information, software, products or services obtained from the Game or the Game Services. The Game and any Game Products are made available solely for use by end users according to the terms of this License. Any reproduction or distribution of the Game or Game Products not in accordance with this License is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You may not modfy, reverse engineer, disassemble or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. You may not use the intellectual property contained in the Game, Game Service or the Software to create or provide any other means through which others may play the Game, as through server emulators. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Should you do so, your account may be terminated. Neither this License nor your Account entitles you to any subsequent releases of the Software, or to any Game Products, including without limitation, online troops and spells, booster packs, event packs, and event tickets. From time to time, Saga Games may release such Game Products, which may be obtained for a separate fee. Saga Games may update or otherwise enhance the Software at any time and in doing so incurs no obligation to furnish such updates to you pursuant to this License.
You may not host or provide matchmaking services for the Game, or intercept, emulate or redirect the proprietary communication protocols used by Saga Games in connection with the Program, regardless of the method used to do so. Such prohibited methods may include, but are not limited to, protocol emulation, reverse engineering, modifying the Program, adding unauthorized components to the Program, or using a packet sniffer while the Program is running.
You agree that you will not modify or cause to be modified any files that are a part of the Program or the Service, especially with regard to creating or using cheats, bots, "mods", and/or hacks, or any other third-party software designed to modify the Game nor use any third-party software that intercepts, "mines", or otherwise collects information from or through the Program or the Service. Notwithstanding the foregoing, you may update the Program with authorized patches and updates distributed by Saga Games, and Saga Games may, at its sole and absolute discretion, allow the use of certain third party user interfaces.
You may not disrupt or assist in the disruption of the servers supporting Saga. You agree that you will not violate any applicable law or regulation in connection with your use of the Program or the Service.
Saga Games and its suppliers shall retain ownership of all intellectual property rights relating to or residing in the CD (if any), the Download, the Software, the Game Service, the Game Products, and the Game.
You grant to Saga Games the unrestricted and irrevocable right (at no fee) to use, copy, modify, publish, perform, transmit, and display any content you submit via any media, and waive any moral rights you may have in such content.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Saga Games Web Site, the CD, the Download, the Software, the Game Service, the Game Products, and the Game are: Copyright (c) 2006 Saga Games, 34 E 1430 N, Orem, UT USA. All rights reserved.
Saga Games Saga logo and its distinctive likenesses and the trade dress or "look and feel" are trademarks owned by Saga Games.
Any rights not expressly granted herein are reserved to Saga Games.
9. DISCLAIMER OF WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAGA GAMES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ON-INFRINGEMENT. SAGA GAMES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES FOR ANY PURPOSE. THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, GAME, THE ACCOUNT, AND ALL OTHER SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
FOR YOUR CONVENIENCE, SAGA GAMES MAY MAKE AVAILABLE AS PART OF THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SAGA GAMES DOES NOT MAKE ANY WARRANTIES, ASSURANCES OR REPRESENTATIONS WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE. SOME STATES TO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
10. LIMITATION OF LIABILITY/INDEMNIFICATION.
IN NO EVENT SHALL SAGA GAMES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CD, THE DOWNLOAD, THE SOFTWARE, THE GAME SERVICE, THE GAME PRODUCTS, THE GAME, THE ACCOUNT, AND ALL OTHER SERVICES, PROVISION OF OR FAILURE TO PROVIDE RELATED SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. SAGA GAMES LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $20. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY. YOU AGREE TO INDEMNIFY AND HOLD SAGA GAMES, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGES, INCLUDING REASONABLE ATTORNEY'S FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH YOUR USE OF YOUR ACCOUNT, THE GAME, THE GAME SERVICE, OR ANY OF THE FORUMS.
11. Technical Difficulties/Game Termination.
Saga Games does not ensure continuous, error-free, secure, or virus-free operation of the Game Service, the Game, or your Account. Saga Games shall not be liable for any delay or failure to perform resulting from technical difficulties. Further, Saga Games cannot and does not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account. Saga Games may modify or cancel any element of the Game Service or Game in its sole discretion, including removal or deletion of the Game in its entirety.
Saga Games reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Program, hours of availability, content, data, software or equipment needed to access the Program, effective with or without notice. Saga will, however, provide updates of certain patch changes to the client or service that Saga Games deems, in their sole discretion, are of importance or value to you. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Program and the Account. Your continued use of the Program following any revision to this Agreement constitute your complete and irrevocable acceptance of any and all such changes. Saga Games may change, modify, suspend, or discontinue any aspect of the Program at any time. aga Games may also impose limits on certain features or restrict your access to parts or all of the Program without notice or liability.
12. No Unlawful Or Prohibited Use.
As a condition of your use of the Game and Game Service, you agree you will not use the Game or Game Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Game or Game Service in any manner that could damage, disable, overburden, or impair any Saga Games web site or service (or the network(s) connected to any Saga Games web site or service) or interfere with any other party's use and enjoyment of any Saga Games web site or service. You may not attempt to gain unauthorized access to any Saga Games web site or service, other registrations, accounts, computer systems, or networks connected to any Saga Games web site or service, through hacking, password mining, or any other means. You may not cheat or steal or obtain or attempt to obtain any materials or information through any means not intentionally made available through any Saga Games web site or service.
The parties hereby declare, and by these presents confirm, their express desire that this contract be written in English.
15. No Assignment.
This License is personal to you, and may not be assigned nor transferred.
16. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. U.S. GOVERNMENT RESTRICTED RIGHTS: The CD, the Download, the Software, the Game Service, and the Game are provided with RESTRICTED RIGHTS. Use, duplication or disclosure is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software--Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is Saga Games, 34 E 1430 N, Orem, UT 84057. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the CD, the Download, the Software, the Game Service, and the Game or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the CD, the Download, the Software, the Game Service, or the Game you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the CD, the Download, the Software, the Game Service, and the Game to any prohibited country, or to any prohibited person, entity, or end-user as specified by U.S. export controls.
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Saga Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Saga Games will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Saga Games LLC, 34 E 1430 N, Orem, UT, 84057, ATTN: Legal Department.
In the event that you breach this Agreement, you hereby agree that Saga Games would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Saga Games shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Saga Games may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
Binding Arbitration. If you and Saga Games are unable to resolve a Dispute through informal negotiations, either you or Saga Games may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration may be conducted in person, through the submission of documents, by phone or online.
Exceptions to Informal Negotiations and Arbitration. You and Saga Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Saga Games' intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
This License is governed by the laws of the State of Utah, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Utah County, Utah, U.S.A. for all disputes arising out of or relating to this License. Use of the Game or Game Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions of this License. If any part of this License is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the License shall continue in effect. A printed version of this License and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this License to the same extentand subject to the same conditions as other business documents and records originally generated and maintained in printed form.