HORDELINGS TERMS OF USE AGREEMENT

(Version 1.1, 06-Jan-2005)

Overview and Definitions

hordelings.com ("HORDELINGS") is a privately owned Internet site designed and run primarily for the benefit of those who enjoy playing with, discussing, collecting, buying & selling, trading, and exchanging information about collectable miniatures games.

As a user of this site, you are expected to read, understand, and abide by the Terms of Use as set forth herein. If a portion is unclear to you, you should ask a parent or guardian to explain, or write to terms@hordelings.com for clarification.

Acknowledgment and Acceptance of Terms of Use

By using HORDELINGS, you agree to the following:

1. You understand that HORDELINGS is an unofficial fan-created Internet site which is not prepared, sponsored, authorized, or endorsed by Wizards of the Coast, Inc. and that the Official Wizards of the Coast World Wide Web Site is located at www.wizards.com.

2. Although this site normally operates 24 hours per day, 7 days per week, you understand that this site may experience failures or other service outages without notice.

3. Although best efforts are made to ensure that information found at this site is up-to-date and accurate, you understand that inaccuracies or omissions are possible and that this site is not necessarily suitable to every purpose.

4. HORDELINGS and its owners and/or operators do not control or censor content in discussion groups. The HORDELINGS discussion group server is provided as a "store and forward" mechanism "as is" without filters, which means that you may encounter material which you find offensive. IT IS YOUR SOLE AND INDIVIDUAL RESPONSIBILITY TO MONITOR OR FILTER CONTENT TO A LEVEL APPROPRIATE TO YOURSELF AND/OR YOUR FAMILY. If you are under 18 years of age, ask your parent(s) or guardian(s) for permission and/or supervision before using this service and make sure they have read and understood this Terms of Use document.

5. You will not hold HORDELINGS or its creators, owners, operators, or related entities responsible or liable ("indemnify and hold harmless") for the inability to connect to or use this site, or for any lost or corrupted data, or for any defamatory or offensive material(s) which you may encounter on or originating from this site, or for the conduct, opinions, or publications of any user, or for any other problem whatsoever relating to the use or existence of this site.

6. You will not use this site for any illegal activities and you will not attempt to gain unauthorized access to this site or to other sites or systems through this site.

7. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting HORDELINGS and its owners a perpetual, irrevocable, royalty-free, unrestricted, non-exclusive, worldwide license to:

(i) Use, copy, publish, sublicense, adapt, transmit, archive, restore, publicly perform, or display any such communication in any medium, and to

(ii) Sublicense to third parties the unrestricted right to exercise any or all of the foregoing rights granted with respect to the communication.

8. You understand that HORDELINGS owners or operators are regular miniatures game fans just like you, and that when they post to discussion groups, their opinions and comments are their own and do not necessarily reflect the opinions or policies of HORDELINGS.

9. You understand that HORDELINGS and its owners and/or operators have no obligation to acknowledge, mediate, or otherwise settle any disputes or differences of opinion which may arise between users.

10. HORDELINGS is not a trade broker. We cannot control the quality of items offered in trade, nor can we ensure that either party will actually complete a trade transaction. You understand that HORDELINGS cannot be held responsible for undelivered, incomplete, or lost trades.

Although we hope that everyone can play well together, we must reserve the right to allow or to refuse access to this site to anyone, for any reason, with or without prior warning or explanation.

Additional terms and conditions appear below.

Discussion Group Terms and Conditions

HORDELINGS includes discussion groups which allow feedback and interaction between users. HORDELINGS and its owners and/or operators do not control or censor messages, information, or files delivered to discussion groups. It is a condition of your use of the discussion groups that you do not:

1. (do not) Restrict or inhibit any other user from using the discussion groups.

2. (do not) Falsely present yourself as a representative, employee, or official of Wizards of the Coast or of HORDELINGS through the accidental or deliberate use of trademarks or servicemarks in your identity or through misleading or confusing statements in your postings.

3. (do not) Post using a pseudonym, alias, screen-name, handle, alter-ego, meno, or any other type of name which is not your own or which hides your true identity, unless your real name and identity is clearly understood, accepted, and documented by the community as the true identity behind such messages.

4. (do not) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.

5. (do not) Post or transmit any information, software, or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

6. (do not) Post or transmit any information, software or other material which contains a virus or other harmful component.

7. (do not) Post non-plain-text content such as HTML, multi-part MIME messages, or so-called "binaries" including but not limited to: images, sounds, multimedia files, computer programs, and blocks of text created using binary-to-text conversion utilities such as BinHex, uuencode, btoa, and PGP message encryptions (short PGP signatures, however, are permitted by the server) except as provided by the server's tools.

8. (do not) Post information or material for commercial purposes which is not reasonably related to D&D Miniatures toys or which contains advertising which is not reasonably related to D&D Miniatures toys.

9. (do not) Post or re-post a message excessively, especially unsolicited advertisements, even if they are directly or indirectly related to the games the site supports.

10. (do not) Post trade or auction announcements, updates, or listings in discussion groups which do not explicitly welcome their presence. Please check each group's charter; unless the charter explicitly allows these kinds of messages, they are prohibited in that group.

11. (do not) Stray hopelessly off-topic without moving the discussion to a more appropriate location. (There is a fair amount of leeway here, since it is natural for discussions to drift, and moving a discussion can sometimes be inconvenient or difficult. If in doubt, appeal to common sense.)

HORDELINGS, its owners, and its operators have no obligation to monitor the discussion groups. However, HORDELINGS and its owners and/or operators reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in the sole discretion of HORDELINGS and its owners and/or operators are in violation of these terms and conditions or of applicable law.

If you choose to use any mark owned by Wizards of the Coast as part of your identity, you do so at your own risk. HORDELINGS can neither advise you nor protect you if you infringe on the rights of the Wizards of the Coast. However, there are some common-sense guidelines which you must follow as additional conditions of your use of the HORDELINGS discussion groups:

12. If you use a Wizards of the Coast mark as part of your identity, and you are not an employee or representative of Wizards of the Coast, you must include an appropriate disclaimer in each post you make, noting (a) that you are not associated in any way with Wizards of the Coast and that your posts are unofficial and do not represent the views, opinions, or policies of Wizards of the Coast, and (b) that the mark or marks you are using are owned by Wizards of the Coast.

13. If you are an employee or representative of Wizards of the Coast, and you wish to post as such, you must clearly indicate your title, position, or relationship with or within Wizards of the Coast. Your employer may also require you to include a disclaimer protecting them from your personal opinions.

14. If you are an employee or representative of Wizards of the Coast, but you wish to post on your own behalf as an independent gaming enthusiast and not as an employee or representative, you are not required by HORDELINGS to disclose your affiliation. However, your employer may have its own ideas about your participation; if in doubt, consult your employer for appropriate posting guidelines.

The foregoing is not legal advice, and HORDELINGS and its owners cannot guarantee that it is a bullet-proof formula for avoiding the dilution or infringement of marks owned by Wizards of the Coast or for circumventing rules which your employer may impose upon you. Questions on the nature of trademarks or servicemarks should be directed to a qualified legal professional. If in doubt, it is probably wisest simply to avoid the use of Wizards of the Coast trademarks as part of your personal identity.

Disclaimers of Warranties

HORDELINGS and/or its owners, creators, operators, and/or related entities make no representations about the suitability of the information contained in the documents and related graphics published at this site for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind.

HORDELINGS and its owners and/or operators hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

The documents and related graphics published on this site may include technical inaccuracies, typographical errors, or omissions. HORDELINGS and its owners and/or operators may make improvements, changes, and/or additions to the information and/or services described herein at any time without notice or explanation.

Links to third-party Internet sites will let you leave this Internet site. The linked sites are not under the control of HORDELINGS and HORDELINGS and its owners and/or operators are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. HORDELINGS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HORDELINGS or its owners of the site. HORDELINGS and its owners and/or operators do not warrant or make any representations regarding the use or results of use of the materials in third-party sites in terms of their correctness, accuracy, existence, timeliness, reliability, or otherwise.

Limitation of Liability

In no event shall HORDELINGS or its owners, operators, and/or related entities be liable for any special, direct, indirect, consequential, or punitive damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with (a) the use or performance of HORDELINGS, (b) the software, documents, information, or services obtained through or from HORDELINGS, (c) the failure to provide or delay in providing any software, document, information, or service, or (d) the links to and/or contents of third-party Internet sites.

Additionally, you specifically acknowledge and agree that HORDELINGS and its owners, operators and/or related entities are not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any HORDELINGS material, or with any of the terms and conditions herein, your sole and exclusive remedy is to discontinue using HORDELINGS.

Termination

This agreement is effective until terminated by HORDELINGS or its owners and/or operators, at any time without notice. In the event of termination, you are no longer authorized to access the discussion groups and the restrictions imposed upon you with respect to material downloaded from the discussion groups, the disclaimers, and limitations of liabilities set forth in this agreement, shall survive.

Severability

This agreement shall be governed by and construed in accordance with the laws of the State of Colorado (U.S.A.) without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyright Notice

Except where otherwise noted or where implicitly understood (such as discussion group content created by users or images owned by the Wizards of the Coast), all material on this site site is Copyright (c) by Kevin Tatroe. All rights reserved.

Trademark Notices

• HORDELINGS is a trademark of Kevin Tatroe.
• D&D Miniatures(R) is a registered trademark of Wizards of the Coast, Inc.
• Star Wars(R) is a registered trademark of Lucasfilm Ltd.
• Axis & Allies(TM) is a trademark of Hasbro, Inc.
• Other product and company names mentioned on this site are trademarks of their respective owners.

Other

• Any rights not expressly granted herein are reserved.
• Contact terms@hordelings.com with questions or problems, as appropriate.