This privacy statement is applicable to the Eternally Mortal website, Exit 57 Entertainment Inc. content contained therein, and all services and forums provided thereon. Exit 57 Entertainment Inc. respects the privacy concerns of all users of The Eternally Mortal website. Exit 57 Entertainment Inc. also recognizes the valuable potential of technology to help people communicate with the companies whose web sites they visit, particularly through customer databases. Responsible use of the information you share with Exit 57 Entertainment Inc. is paramount. In order to help you understand how the information you provide Exit 57 Entertainment Inc. will be used, Exit 57 Entertainment Inc. has created and implemented the following guidelines.

1. Your Personal Information A. Do you have to provide personal information to interact with the Eternally Mortal website? B. What kind of personal information will the Eternally Mortal website ask you to provide and why? C. How does the Eternally Mortal website use your personal information?

Only basic information including a users name, email address, and other basic non-personal information will be requested. Exit 57 Entertainment and Eternally Mortal website will never request social security information or credit card information through telecommunication methods or through Email. This information may be requested upon shopping on the Eternally Mortal website at such time merchandise is available for purchase and or consumption. This information will be requested only on the appropriate web pages of the Eternally Mortal website and never through active direct contact or active request to any users of the Eternally Mortal website.

No personal information will be give, sold or made otherwise accessible to anyone other than Exit 57 Entertainment, Inc. officials and designated account or website administrators. Your personal information will remain confidential for private use on the eternally Mortal website not viewable by the public or any other person or entities other than Exit 57 Entertainment, Inc.

D. What are "Cookies" and how are they used?

Cookies are small files that may be downloaded to your computer to help the operator of a web site understand your usage patterns on that site. They may also improve the performance of a site for an individual by storing on your computer such items as user passwords, computer configuration, browser type, etc.
Most browsers are set to accept cookies without any action required by the user. You can alter that default setting by clicking the help button and following the instructions for your browser. However, if you set your browser not to accept cookies, some parts of the Eternally Mortal website may not work correctly for you.

E. What happens to my personal information when I link from Eternally Mortal to another site such as an advertiser's site?

Other web sites are linked to the Eternally Mortal website, including those of advertisers whose ads appear on the Eternally Mortal website. Those sites may have different privacy policies.
If you click on a hyperlink or an advertisement, you will be leaving the Eternally Mortal website and you may go to a site where different information is collected about you. the Eternally Mortal website does not know, and is not responsible for, what other web sites do with your personal information.

FOR KIDS - Ages 13 – 18

If you are under 18 years of age, you need to let your parent or guardian know about the Eternally Mortal website 's privacy policy and get his/her permission before giving us any of your personal information, even information required for the Eternally Mortal website registration.
Also, get your parent's or guardian's permission before using the message board or chat features of the Eternally Mortal website.
Don't post your real name on a web site, and never tell anyone online anything private about yourself or your family, including your phone number and address. Use screen names at all times.
If you win a contest that has a prize, your parent or guardian will have to mail or fax us a signed note at the address or fax number listed in the rules for the specific contest that says it was OK for you to enter, and tells us they will accept the prize for you.
You will be told to ask a parent before you pay for anything on The Eternally Mortal website if you are under 18. (If you buy anything online, you or your parents may send it back within thirty days if you don't open it.)
Some areas of this web site may have special rules for children under the age of 18. When you are in those areas you must follow those rules.

FOR KIDS - Under Age 13

A new law went into effect April 21, 2000 (The Children's Online Privacy Protection Act), which imposed new rules regarding the collection of personal information from children under the age of 13. Because The Eternally Mortal website is not directed to children under the age of 13, we can no longer provide or extend the memberships of individuals under the age of 13. Accordingly, as of April 20, 2000, we deactivated the user names and passwords of, and purged our database of any and all personal information of, all individuals under the age of 13. If you are under the age of 13, you may not create an account on The Eternally Mortal website, shall not be eligible to enter any sweepstakes and/or promotions, and are asked not to provide any personal information to the Eternally Mortal website or to EXIT 57 ENTERTAINMENT INC..

FOR PARENTS

Parents or guardians are encouraged to spend time online with their children to become familiar with the types of content available on The Eternally Mortal website and the Internet in general. Parents should regularly oversee their children's use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. You can find out about software that protects your children at the Direct Marketing Association's home page at: http://www.eternallymortal.com If your child has used your credit card on The Eternally Mortal website without your permission, contact us immediately at support@eternallymortal.com.
If a child has provided us with personally identifiable information, a parent or guardian of that child should contact us by sending an email to support@eternallymortal.com if he/she would like this information deleted from our records. We will use reasonable efforts to delete the child's information from our existing files.

ETERNALLY MORTAL COMMUNICATION FEATURES

The Eternally Mortal website's communication features (e.g., messenger, Message Boards, pagers) are free services provided to members of The Eternally Mortal website; other or similar communication features (e.g. on website messages, game related message boards and/or community areas) are services provided to some or all paying subscribers to certain games (collectively, "EXIT 57 ENTERTAINMENT INC.'s Communication Features"). By using any of EXIT 57 ENTERTAINMENT INC.'s Communication Features, you agree to be bound by the following terms and conditions. If you do not wish to be bound by these terms, then please do not use them.
You understand that anything sent through or appearing in the Eternally Mortal website's Communication Features are the sole responsibility of those persons posting the message. This means that you, and not EXIT 57 ENTERTAINMENT INC., are entirely responsible for all information and material that you post there. EXIT 57 ENTERTAINMENT INC. has no obligation to monitor or supervise the Eternally Mortal website Communication Features, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion. You understand that anything that you transmit through the Eternally Mortal website's Communication Features is routed through EXIT 57 ENTERTAINMENT INC.'s servers and, therefore, you have no expectation of privacy in anything that you so transmit - even if you intend it to be a private message. Accordingly, you acknowledge that the Eternally Mortal website's Communication Features are forums for public and not private communications.
EXIT 57 ENTERTAINMENT INC. has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the the Eternally Mortal website system or network who are repeat infringers. EXIT 57 ENTERTAINMENT INC. may terminate access for content providers or forum participants (e.g., Message Boards, pagers) who are found repeatedly to provide or post protected material without necessary rights and permissions. EXIT 57 ENTERTAINMENT INC. does not control the content of any postings in the Eternally Mortal website Communication Features and does not guarantee the accuracy, integrity or quality of anything within them. You understand that by using the Eternally Mortal website's Communication Features, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will EXIT 57 ENTERTAINMENT INC. be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of the use of any information contained within the Eternally Mortal website's Communication Features. EXIT 57 ENTERTAINMENT INC. retains the right to terminate The Eternally Mortal website membership and/or game subscription of any member who violates the following Rules of Conduct.
Please carefully review EXIT 57 ENTERTAINMENT INC.'s policies concerning (i) submission of creative ideas, suggestions and materials, (ii) fan fiction and/or artwork, and (iii) uploading of photographs, located in Section 5 of The Eternally Mortal website's General Terms and Conditions.

1. Rules of Conduct You agree not to do any of the following while on The Eternally Mortal website or in any EXIT 57 ENTERTAINMENT INC. Communication Feature:

1. Transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
2. Impersonate any person or entity, including but not limited to, a Exit 57 Entertainment Inc. official, forum leader, game Master or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
4. Post or transmit any Content that contains a virus or corrupted data;
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to the Eternally Mortal website Communication Feature;
6. Use the Eternally Mortal website Communication Feature in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large embedded images);
7. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
8. Intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation; and
9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.

By submitting (e.g., uploading or transmitting) Content to an the Eternally Mortal website Communication Feature, you automatically grant EXIT 57 ENTERTAINMENT INC. the royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called "moral rights" in the Content have been waived.
EXIT 57 ENTERTAINMENT INC. and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any the Eternally Mortal website Communication Feature. Without limiting the foregoing, EXIT 57 ENTERTAINMENT INC. and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable. You agree to indemnify and hold EXIT 57 ENTERTAINMENT INC. harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any rights of another.

2. Links

The Message Boards may provide and users may include in messages, links to other Web sites or resources. EXIT 57 ENTERTAINMENT INC. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. EXIT 57 ENTERTAINMENT INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

3. The Eternally Mortal Website Community Standard Policies and Procedures GENERAL TERMS AND CONDITIONS 1. Copyright and Trademark Notices

A. All contents of this Web Site is: Copyright© 2002 Exit 57 Entertainment Inc. and/or its parent and affiliated companies and/or its suppliers. All rights reserved. The Eternally Mortal website is for the personal, non-commercial use of users.
B. Eternally Mortal. and the Exit 57 Entertainment Inc. logo are trademarks of Exit 57 Entertainment Inc. The Eternally Mortal website @ eternallymortal.com and its logo are trademarks or servicemarks of Exit 57 Entertainment Inc. All other product and company names appearing on The Eternally Mortal website are the tradenames, trademarks or registered trademarks of their respective owners.

2. Intellectual Property

A. Eternally Mortal Website

The Eternally Mortal website, including, without limitation, all The Eternally Mortal website Communication Features, contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of The Eternally Mortal website and each area contained therein are copyrighted as a collective work under the United States copyright laws. EXIT 57 ENTERTAINMENT INC. owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on The Eternally Mortal website (including, without limitation, content that The Eternally Mortal website enables you to download) without the express written permission of EXIT 57 ENTERTAINMENT INC. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from The Eternally Mortal website is allowed by you only for your own use. You acknowledge that EXIT 57 ENTERTAINMENT INC. and/or third-party content providers remain the owners of all materials posted on The Eternally Mortal website, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

B. Fan Sites

Solely in connection with your fansite or your fansite pages dedicated to the EXIT 57 ENTERTAINMENT INC. game Eternally Mortal, we can grant you, on a non-exclusive basis, permission to reproduce and redistribute on the fansite to end users, certain ETERNALLY MORTAL. game-related images, graphics or artwork (the "Eternally Mortal Content") and certain EXIT 57 ENTERTAINMENT INC. trademarks and logos (the "EXIT 57 ENTERTAINMENT INC. Marks") that EXIT 57 ENTERTAINMENT INC. may expressly designate "for fansite use" on fansite pages at www.eternallymortal.com or its associated game sites, so long as you comply with the terms and conditions described here and on the fansite pages, as those terms and conditions may be modified from time to time in EXIT 57 ENTERTAINMENT INC.'s sole discretion.

1. As the operator of an independent, unaffiliated web site, you will have sole editorial control over the fansite, except that you represent and warrant to EXIT 57 ENTERTAINMENT INC. that the fansite will not post material that is illegal or infringes on the rights of third parties or harms the reputation of the Game, EXIT 57 ENTERTAINMENT INC., its parent or affiliate companies, or its officers or employees. If at any time you post such disparaging material, or material that is illegal or infringes upon the rights of any third party, EXIT 57 ENTERTAINMENT INC. may terminate this permission. Your ownership in the fansite excludes the EXIT 57 ENTERTAINMENT INC. Content and EXIT 57 ENTERTAINMENT INC. Marks and excludes any derivative works based upon or including the EXIT 57 ENTERTAINMENT INC. Content and/or EXIT 57 ENTERTAINMENT INC. Marks. The fansite is not a "Joint Work" as that term is defined in the copyright law, title 17 United States Code.
2. You agree to include EXIT 57 ENTERTAINMENT INC.'s trademark, copyright or other proprietary rights notices, as provided on the fansite page for the EXIT 57 ENTERTAINMENT INC. Game referenced, when displaying EXIT 57 ENTERTAINMENT INC. Content or EXIT 57 ENTERTAINMENT INC. Marks, and agree to comply with usage guidelines that may be provided by EXIT 57 ENTERTAINMENT INC. from time to time. You shall not remove or alter any identifying information or copyright management information conveyed in connection with copies of EXIT 57 ENTERTAINMENT INC. Content or Marks, including in digital form; nor challenge EXIT 57 ENTERTAINMENT INC.'s ownership of the EXIT 57 ENTERTAINMENT INC. Content or EXIT 57 ENTERTAINMENT INC. Marks, nor use or adopt any trademarks that might be confusingly similar to such EXIT 57 ENTERTAINMENT INC. Marks.
3. EXIT 57 ENTERTAINMENT INC. reserves all rights, title and interest in and to the EXIT 57 ENTERTAINMENT INC. Content and EXIT 57 ENTERTAINMENT INC. Marks which are not expressly granted. You shall not rent, lease, reproduce, modify, translate or create derivative works of the EXIT 57 ENTERTAINMENT INC. Content except as expressly permitted herein, nor create any derivative works (including without limitation fiction or visual art) from, or in any way exploit, any of the characters or content contained in the game or on The Eternally Mortal website, without the express written permission of EXIT 57 ENTERTAINMENT INC.. EXIT 57 ENTERTAINMENT INC. does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the game or upon EXIT 57 ENTERTAINMENT INC. Content or EXIT 57 ENTERTAINMENT INC. Marks is expressly prohibited.
4. If you intend to charge a subscription or access fee to generate revenue from the Fansite, we would require you to execute a simple license agreement with us. The limited permission granted here with respect to Fansite use of certain EXIT 57 ENTERTAINMENT INC. Content and EXIT 57 ENTERTAINMENT INC. Marks does not cover such circumstances.
5. Fansites that quote an article or other message from an EXIT 57 ENTERTAINMENT INC. site (such as Harpy's Head Tavern or other game site associated with Eternally Mortal.com) are requested to limit the quote to a paragraph or less and provide a link back to The Eternally Mortal website or associated game site for the full article or message, rather than reproducing on the Fansite the entire patch message or article. Permission to link from the fansite to Eternally Mortal.com or the associated game site is granted in such circumstances.
6. Under no circumstances will EXIT 57 ENTERTAINMENT INC. be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages of any kind in connection with this permission. EXIT 57 ENTERTAINMENT INC. reserves the right in its sole discretion to expressly refuse this permission to any particular fansite, or to revoke this permission at any time.

4. Agent for Notifications of Claimed Infringement and Policy on Repeat Infringers

A. Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512 (c): Address: Exit 57 Entertainment Inc., 6347 Mullin St, Jupiter, FL. 33458. Name of Agent Designated to Receive Notification of Claimed Infringement: Jason C. Fennell, President, Business Affairs. Address of Designated Agent to which Notification Should be Sent: Exit 57 Entertainment Inc., 6347 Mullin St, Jupiter, FL. 33458. Telephone Number of Designated Agent: (561) 827-2865. Email Address of Designated Agent: Mail@eternallymortal.com. This email address is intended solely for the receipt of legal "Notifications of Claimed Infringement" under the Digital Millennium Copyright Act of 1998, as codified in 17 U.S.C. 512. It is not intended for general inquiries and permission requests concerning the use of EXIT 57 ENTERTAINMENT INC. content.
B. Policy on Repeat Infringers, pursuant to 17 U.S.C. 512(i): EXIT 57 ENTERTAINMENT INC. has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the EXIT 57 ENTERTAINMENT INC. online system or network who are repeat infringers. EXIT 57 ENTERTAINMENT INC. may terminate access for content providers or forum participants (e.g., EM Message Boards, web pages) who are found repeatedly to provide or post protected material without necessary rights and permissions.

5. Submissions, Fan Fiction and Artwork, and Photographs

A. EXIT 57 ENTERTAINMENT INC. is pleased to hear from its customers and welcomes your comments regarding EXIT 57 ENTERTAINMENT INC.'s online services. Unfortunately, however, EXIT 57 ENTERTAINMENT INC.'s long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by EXIT 57 ENTERTAINMENT INC.'s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.
B. EXIT 57 ENTERTAINMENT INC. hereby grants to each Eternally Mortal account subscriber that is in good standing and with the grant automatically revoked as of the moment that the subscriber's account is no longer in good standing (an "EM Subscriber"), a limited, personal, nonexclusive, nontransferable, nonassignable and fully revocable license to use (a) the Eternally Mortal name, and (b) trademarks and copyrighted material from Eternally Mortal including NPC names and images, guardian and monster names and images, geographical names, item names and images, character names and images, background art, and screenshots containing any of the foregoing (collectively, "the EXIT 57 ENTERTAINMENT INC. Property"), solely to be used for material (for example, so-called "fan fiction" and "fan artwork") that the EM Subscriber posts to and/or transmits through EXIT 57 ENTERTAINMENT INC.'s Communication Features ("Licensed Content") in accordance with these Terms of Service -- and for no other use. Each EM Subscriber promises EXIT 57 ENTERTAINMENT INC. that any Licensed Content that he or she provides shall comply in all respects with these Terms of Service.
C. Any and all creative suggestions, ideas, notes, drawings, concepts or other information that you send to us, whether at our specific request or despite our request that you not do so ("Submissions") and any and all Licensed Content shall be deemed, and shall remain, the property of EXIT 57 ENTERTAINMENT INC. from the moment of creation. Accordingly, EXIT 57 ENTERTAINMENT INC. shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Submissions and Licensed Content of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all Submissions and Licensed Content are hereby irrevocably assigned to EXIT 57 ENTERTAINMENT INC., together with all intellectual property rights therein. In any event, you agree that EXIT 57 ENTERTAINMENT INC. shall be irrevocably entitled to, throughout the universe and in perpetuity, use, reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, create derivative works from and distribute any Submission and/or Licensed Content for any purpose what Exit 57 Entertainment Inc. ver, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the Submission and/or Licensed Content. You also give up any claim that any use by EXIT 57 ENTERTAINMENT INC. and/or its licensee(s) of any Submission and/or Licensed Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein. If you provide any Submission or Licensed Content, you promise that you are eighteen years of age or older; if you are under eighteen years of age, you must first contact EXIT 57 ENTERTAINMENT INC. at mail@eternallymortal.com to obtain an agreement for your parent or guardian to sign.
D. If you upload any photograph to or through any EXIT 57 ENTERTAINMENT INC. Communication Feature, you (i) grant to ("EXIT 57 ENTERTAINMENT INC.") the non-exclusive, worldwide right to use, post, publish and display your photograph on The Eternally Mortal website, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the photograph, (iii) promise that the photograph is either a picture of you or that duplication and distribution of the photograph will not violate any right of or require any compensation to any person or entity, (iv) promise that you are the copyright owner of the photograph or have all rights necessary to authorize its unfettered use and distribution and (v) promise that you are eighteen years of age or older. You understand that, once your photograph is posted, anyone can download and/or distribute that photograph. You expressly waive any and all claims you may have against EXIT 57 ENTERTAINMENT INC. and release EXIT 57 ENTERTAINMENT INC. from any and all liability arising from or related to the submission and EXIT 57 ENTERTAINMENT INC.'s or any third party's use of the photograph.

6. DISCLAIMER OF LIABILITY

A. NEITHER EXIT 57 ENTERTAINMENT INC., NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE ETERNALLY MORTAL WEBSITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHAT EXIT 57 ENTERTAINMENT INC.VER, INCLUDING, WITHOUT LIMITATION, THAT THE ETERNALLY MORTAL WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ETERNALLY MORTAL WEBSITE OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE ETERNALLY MORTAL WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL EXIT 57 ENTERTAINMENT INC. COMMUNICATION FEATURES.
B. THE ETERNALLY MORTAL WEBSITE AND ALL MATERIAL CONTAINED THEREON ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE ETERNALLY MORTAL WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE ETERNALLY MORTAL WEBSITE, IS AT YOUR SOLE RISK. 7. LIMITATION OF LIABILITY

A. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 7 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE ETERNALLY MORTAL WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
B. IN NO EVENT WILL EXIT 57 ENTERTAINMENT INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE ETERNALLY MORTAL WEBSITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE ETERNALLY MORTAL WEBSITE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE ETERNALLY MORTAL WEBSITE OF ANY BROWSER OWNED OR OPERATED BY ANY PARTY AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE ETERNALLY MORTAL WEBSITE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE ETERNALLY MORTAL WEBSITE, EVEN IF EXIT 57 ENTERTAINMENT INC. WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
C. IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY EXIT 57 ENTERTAINMENT INC. PURSUANT TO THIS AGREEMENT, OR IN ANY OTHER WAY CONCERNING THE ETERNALLY MORTAL WEBSITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THE ETERNALLY MORTAL WEBSITE.
D. NEITHER EXIT 57 ENTERTAINMENT INC. NOR THE SONY FAMILY ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE OR ILLEGAL POSTING OR CONDUCT, ON THE ETERNALLY MORTAL WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE ETERNALLY MORTAL WEBSITE, BY ANYONE OTHER THAN AUTHORIZED EXIT 57 ENTERTAINMENT INC. EMPLOYEES WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL EXIT 57 ENTERTAINMENT INC., THE SONY FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE ETERNALLY MORTAL WEBSITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE ETERNALLY MORTAL WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL EXIT 57 ENTERTAINMENT INC. COMMUNICATION FEATURES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE ETERNALLY MORTAL WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE ETERNALLY MORTAL WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
E. NEITHER EXIT 57 ENTERTAINMENT INC. NOR THE SONY FAMILY ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE ETERNALLY MORTAL WEBSITE AND NEITHER EXIT 57 ENTERTAINMENT INC. NOR THE SONY FAMILY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Notice

EXIT 57 ENTERTAINMENT INC. may give notice to you by means of a general notice on The Eternally Mortal website, electronic mail to your e-mail address on record in EXIT 57 ENTERTAINMENT INC.'s account information (if you are a Eternally Mortal Member), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in EXIT 57 ENTERTAINMENT INC.'s account information (if you are a Eternally Mortal Member). You may give notice to EXIT 57 ENTERTAINMENT INC. by electronic mail to mail@eternallymortal.com or by first class mail, postage prepaid, or overnight courier to Exit 57 Entertainment Inc., 6347 Mullin St, Jupiter, FL. 33458. Attn: Accounts

9. Termination

Either EXIT 57 ENTERTAINMENT INC. or you may terminate this Agreement at any time. Fees paid for any subscription term or pay-per-use are paid in advance and are not refundable in whole or in part. You may terminate this Agreement at any time by not using The Eternally Mortal website. We can terminate the Agreement by asking you to stop using The Eternally Mortal website, and, if necessary, by preventing your access to The Eternally Mortal website. Upon termination of this Agreement, you shall have no further rights to use The Eternally Mortal website or its services. Your only right and remedy with respect to any dissatisfaction with The Eternally Mortal website is to terminate this Agreement, including, without limitation, any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of EXIT 57 ENTERTAINMENT INC. in operating The Eternally Mortal website, (ii) content available through The Eternally Mortal website, or any change therein, or (iii) the amount or type of fees or billing methods, or any change thereof. Without limiting the foregoing, EXIT 57 ENTERTAINMENT INC. shall have the right to terminate this Agreement with you, effective immediately, and/or terminate or temporarily suspend your access to all or any part of The Eternally Mortal website, without notice, in the event of any conduct by you which EXIT 57 ENTERTAINMENT INC., in its sole discretion, considers to be unacceptable, or for conduct that EXIT 57 ENTERTAINMENT INC. believes is a violation of the terms and conditions contained herein or any policies or guidelines posted by EXIT 57 ENTERTAINMENT INC. on The Eternally Mortal website, or for other conduct which EXIT 57 ENTERTAINMENT INC. believes, in its sole discretion, is harmful to EXIT 57 ENTERTAINMENT INC., other Eternally Mortal Members or other users of The Eternally Mortal website. EXIT 57 ENTERTAINMENT INC. reserves the right to deny registration of any individual as a Eternally Mortal Member and to deny access to The Eternally Mortal website to any individual. All of the Sections of the General Terms and Conditions of this Agreement survive termination of this Agreement.

10. Indemnification

You agree to indemnify and hold harmless EXIT 57 ENTERTAINMENT INC., the Sony Family and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of The Eternally Mortal website, including, without limitation, all EXIT 57 ENTERTAINMENT INC. Communication Features.

11. Taxes

You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you will be required to provide a valid Social Security number or other tax identification number and any other information reasonably required by EXIT 57 ENTERTAINMENT INC.. EXIT 57 ENTERTAINMENT INC. and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.

12. Jurisdictional Issues

This site is controlled and operated by EXIT 57 ENTERTAINMENT INC. from its offices within the State of Florida, United States of America. EXIT 57 ENTERTAINMENT INC. makes no representation that materials in this site are appropriate or available for use in other locations. Those who choose to access The Eternally Mortal website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from The Eternally Mortal website is further subject to United States export controls. No software from The Eternally Mortal website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Miscellaneous

This Agreement constitutes the entire agreement between EXIT 57 ENTERTAINMENT INC. and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to Florida's principles of conflict of laws. You hereby consent to personal jurisdiction by the state and federal courts sitting in the State of Florida. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.