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PLEASE READ THESE TERMS OF USE BEFORE USING THE FaithExplorer.com WEBSITE (the "Website"). Print this page

This FaithExplorer.com Website is fully controlled and operated by Third Day Games, Inc. By accessing and using this Website, you are hereby agreeing to be legally bound by the terms and conditions of Third Day Games, Inc. If you do not agree with all of the following terms and conditions, please do not use this Website.

We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon their posting at the Website. Please review the terms and conditions periodically. Your continued use of the Website following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. This page was last updated on September 24, 2004.

OWNERSHIP OF INTELLECTUAL PROPERTY
All software, design, text, images, photographs, illustrations, audio-clips, video- clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") used or displayed in anyway on the Website are the property of Third Day Games, Inc. and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Third Day Games, Inc. hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Website, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Third Day Games, Inc. Use of the Material is only permitted with express written permission from Third Day Games, Inc. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

WEBSITE SUBMISSIONS
To the extent that portions of this Website provide users an opportunity to submit answers, comments, ideas, or questions (the "Submissions"), by submitting a Submission, you authorize Third Day Games, Inc. to use such Submissions in whole or in part, throughout the universe in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Submission, you further grant to Third Day Games, Inc. all rights of use and ownership of the submission in total and in part.

DISCLAIMER AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Third Day Games, Inc. is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Website or with respect to the information and material contained on this Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIRD DAY GAMES, INC, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE 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 WEBSITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THIRD DAY GAMES, INC. OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Third Day Games, Inc. liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Website.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless, Third Day Games, Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Third Day Games, Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Third Day Games, Inc. in asserting any available defenses.

MISCELLANEOUS
This Website is intended for residents of the United States only. No software from this Website may be downloaded, exported or reexported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. Third Day Games, Inc. operates this Website from its offices located at 3077B Leeman Ferry Road, Huntsville, AL 35801. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Alabama (without regard to any principles of conflict of laws), and jurisdiction for any court action shall be the County of Madison in the State of Alabama.

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