Terms of Service (TOS)

The Terms of Service, known hereafter as the "TOS", is subject to change at any time.

Connectivity
S3 Studios Pty Ltd ("S3 Studios") does not guarantee connectivity.

Accounts
You are allotted one game account per individual. Each game account may contain 2 unsubscribed aliens. All additional aliens must be made through the Manage aliens page. S3 STUDIOS MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT/ALIEN AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

TOS/Game Changes
S3 Studios reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. 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 Game. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. S3 Studios may change, modify, suspend, or discontinue any aspect of the Game at any time. S3 Studios may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.

User Generated Content
To the extent that portions of this Site provide users an opportunity to post and/or exchange information, ideas, and opinions ("Postings") in chatrooms and message boards, and via QuickPosts, and in descriptions of shops and guilds, please be advised that Postings do not necessarily reflect the views of S3 Studios Pty Ltd. Although we periodically monitor exchanged and posted information, in no event does S3 Studios Pty Ltd assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. Users remain solely responsible for the content of their messages and postings. However, S3 Studios Pty Ltd reserves the right to edit, delete, or refuse to post any Posting that violates these Terms and Conditions, as well as revoke the privileges of any user who does not comply with these Terms and Conditions.

Operational Interference
ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

Credit Card revokes, etc
Users agree if any credit card transaction tied to their account is charged back or refunded, and they wish to continue playing, they will need to pay a fee of $50.00 USD per chargeback/revoke. If a user has more than one account, all accounts may be locked until the fee is reclaimed.

Applicable Law and Court
Any dispute arising in connection with the conclusion, the validity, the interpretation, the implementation or performance of these terms of service shall be of the exclusive jurisdiction of the Courts of Melbourne, VIC, Australia. These terms of service are exclusively governed by the laws of Melbourne, VIC, Australia.

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, S3 STUDIOS PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. S3 STUDIOS PTY LTD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. S3 STUDIOS PTY LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT S3 STUDIOS PTY LTD) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, S3 STUDIOS PTY LTD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY S3 STUDIOS PTY LTD OR ANY THIRD PARTY.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH S3 STUDIOS IS TO STOP USING THE SERVICE, AND TO CANCEL ALL ACCOUNTS REGISTERED TO YOU.

S3 STUDIOS MAY FIND IT NECESSARY ON OCCASION TO MAKE CHANGES TO OR RESET CERTAIN PARAMETERS OF THE PERSISTENT GAME WORLD MECHANICS, INTERFACE OR FEATURES OF THE ALIEN ADOPTION AGENCY IN ORDER TO MAINTAIN GAME BALANCE AND ENHANCE PLAYABILITY OR PERFORMANCE FOR ITS MEMBERS. THESE CHANGES MAY AFFECT OR CAUSE SETBACKS FOR THE CHARACTERS YOU'VE CREATED. GAMEPLAY AND GAME ELEMENTS ARE SUBJECT TO CHANGE.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL S3 STUDIOS PTY LTD HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

USE OF THE SITE CONSTITUTES AGREEMENT WITH THE CURRENT TERMS AND CONDITIONS.

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