Welcome to TwinSkies.com, a division of Meteor Games LLC (hereinafter "Twin Skies" or the "Site"). The following Terms of Use and any other policies, notices, rules or guidelines posted on the Site shall govern Your use of the Site. Because these Terms of Use contain legal obligations, please read them carefully.

Please Note: While we have included a summary along with each provision, this is solely for convenience and reference purposes and does not define, limit, construe or describe the scope or extent of such section. As a result, we strongly urge You to read the entire document to fully understand Your rights and obligations.

Click here to view the DMCA guidelines.

1. YOUR AGREEMENT
1.1By using and/or visiting Twin Skies ,You agree to be bound by these Terms of Use, Twin Skies' Privacy Policy which is posted at http://www.twinskies.com/privacy and any guidelines or rules posted on the Site all of which are incorporated herein by reference unless You offer different terms that are accepted in writing by Twin Skies. Should You object to any term or condition of these Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with Twin Skies in any way, Your only recourse is to immediately discontinue use of the Site and delete your account. By accessing the Site, You also consent to have this Agreement provided to You in electronic form.

1.2 If You are a child User under the age of 13, please review our privacy policy with your parent. If You are a parent of a child User who has registered with Twin Skies, You may email privacy@meteorgames.com to request details about your child's Personal Information already collected and stored on the Site and the option to have the Site remove your child's Personal Information. We may ask for verifying information from You that may include your full name, address, telephone number where we can reach You during business hours, or a valid e-mail address. In connection with Registration (and Fee Collection and Purchases), the Site may require valid credit card information from the Parent.

Users under the age of 13 will not be required to provide personal information to the Site, except as would be sufficient for them to participate in a particular activity, and their initial registration to the site which would require a valid e-mail address. There may be activities on the Site that will not be available to underage Users without the express, written permission of their Parents.

To comply with applicable state and federal laws regarding child online safety and security, Twin Skies will provide, to the extent necessary, monitoring, filtering and such personnel and technology as Twin Skies determines to be appropriate to maintain a child-safe website.

1.3 We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms of Use and/or the services offered by Twin Skies at any time (this includes modification, suspension or discontinuation of the Site or any aspect thereof). Unless otherwise indicated, amendments will become effective immediately and we will post some form of notice on the home page for fourteen (14) days thereafter. Please review these Terms of Use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute Your acceptance of the revised Terms of Use and the reasonableness of these standards for notice of changes. For Your information, this page was last updated as of the date at the top of these terms and conditions.

2. LICENSE
2.1 Please note that this website is private property, not public domain. Its use is a privilege, not a right. Twin Skies grants You a limited, revocable, nonexclusive license to access the Site for Your own non-commercial personal use. No other use of the Content is permitted. Reprinting or electronically reproducing any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, You may not copy, reproduce, republish, upload, post, transmit, distribute sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without our prior written consent in each instance.

2.2 For purposes of these Terms of Use, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services or other inappropriate content) is strictly prohibited. Twin Skies hereby grants a User a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from its Site, including without limitation, any files, codes, audio or images incorporated in or generated by or in conjunction with the Site and/or Twin Skies, provided that the disclaimer "Twin Skies Materials Copyright 2007-2008 by Meteor Games LLC. All Rights Reserved. Used with Permission" or "Twin Skies Materials © 2007-2008 by Meteor Games LLC. All Rights Reserved. Used with Permission" accompanies all copyrightable Materials and other notices are properly maintained. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third-party website) without Twin Skies' express prior written consent. Unauthorized or prohibited exploitation of Materials may subject the offender to civil liability and/or criminal prosecution under applicable federal and state laws.

2.3 While the Site is intended for use by United States residents; we still value the contributions of foreign members and do not prohibit their participation. Any member who is a resident of a foreign country agrees that (i) they have voluntarily sought and established contact with Twin Skies, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member's country of residence; (iii) under no circumstance shall Twin Skies be deemed liable under any laws other than the United States; and (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein. Any foreign member may reject or propose alternative terms by sending written notice to Twin Skies at Meteor Games LLC, 8581 Santa Monica Blvd, #556, West Hollywood, CA, 90069-4120.

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.

2.4 You agree to be responsible for: (i) maintaining the confidentiality of passwords or other account identifiers which You choose, and (ii) all activities that occur under such password or account identifiers. You agree to notify Twin Skies of: (i) any loss of Your password or other account identifiers and (ii) any unauthorized use of Your password or other account identifiers. Twin Skies shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, Your failure to comply with this section of the Terms of Use.

2.5 By registering with the Site You are giving Your consent to receive communications from Twin Skies which primarily will include information about the Site. From time to time, Twin Skies, on its own accord or on behalf of its affiliated entities and/or selected third-party partners, may send targeted information on products or services which we believe may be of interest to You. If You do not wish to receive these emails, You may request to be removed by using the opt-out mechanism listed in the email messages You receive.

2.6 We may elect to electronically monitor all areas of the Site and Your Messages and Postings sessions may be subject to monitoring, login, review, modification, disclosure, and/or deletion by Twin Skies without notice to You. You agree that Twin Skies, in its sole discretion, has the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any content within the Site, for any reason, including, without limitation, if Twin Skies believes that You have acted inconsistently with the letter or spirit of these Terms of Use. Further, You agree that Twin Skies shall not be liable to You or any third-party for any termination of Your access to the Site and You agree not to attempt to use the Site after said termination.

3. PAYMENT TERMS
We will supplement this section once we have launched paid services.

4. PROHIBITED CONDUCT
A Twin Skies User may not:

1. Reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the Twin Skies game or any portion thereof, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived there from;
2. Permit any other person other than You to access Twin Skies or create or provide any other means through which Twin Skies may be played by anyone besides You (e.g., through server emulators);
3. Upload, post, e-mail or otherwise transmit through Twin Skies any material that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) You do not have a right to transmit, such as inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement; (iii) infringes any patent, trademark, trade secret, copyright or other party's proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4. Use the Site in any way that harms minors;
5. Impersonate another User or administrator;
6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials You or another party transmit through Twin Skies; Interfere with or disrupt Twin Skies or servers or networks connected to Twin Skies, or disobey any requirements, procedures, policies or regulations of networks connected to Twin Skies
7. Engage in any conduct which interferes with the operation of the Site and/or enjoyment of the Site by other parties;
8. Intentionally or unintentionally violate any applicable local, state, national or international law;
9. "Stalk" or otherwise harass another;
10. Collect or store personal data about another User without the express permission of that User;
11. Reveal personal information about another User - including but not limited to personally identifiable information about that User, the administrative role of the User within a game and information about game characters associated with that User - without the express permission of such User;
12. Fail to deliver payment for any purchases made on the Site;
13. Modify any files for the use of any game hacking/altering/cheating software or tools, including scripting or macroing software, or attempt to disassemble the game client and/or decipher the data transmissions between Twin Skies' client and server;
14. Engage in any behavior that is contrary to the "spirit of the game" as defined by Twin Skies in its sole discretion. This includes the use of multiple characters or accounts to undermine or spy on competing parties, or to otherwise manipulate the game environment;
15. Play Twin Skies on any server or service that is not provided or authorized by Twin Skies; and
16. Fail to provide truthful and/or accurate registration information.

Email legal@meteorgames.com to report any violations of these Usage Rules.

5. OWNERSHIP
5.1 All Site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements of these, and trademarks, service marks, trade dress and trade names (the "Materials") are the property of Twin Skies 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. You acknowledge that all materials provided on this Site, including but not limited to the information, documents, products, software, logos, graphics, sounds, images, and services, are provided either by Twin Skies or by its respective third party authors, developers and vendors ("Third Party Providers") and the underlying intellectual property rights are owned by Twin Skies and/or its Third Party Providers.

5.2 By uploading or otherwise submitting any self-created original materials to the Site (such as in connection with posting of Artwork, poetry, sound recordings or other original works on bulletin boards, other public areas of the Site or Contest submissions), Users (and their parents, if User is under 18 years of age) automatically grant (or warrant that the owner of such rights has expressly granted) to Twin Skies a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, You warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.

6. DISCLAIMER
6.1 It is Twin Skies' mission to provide a high-quality online experience to its Users. To that end, hardware, software and Internet access play crucial roles in the Twin Skies experience. You agree that Twin Skies is not responsible for any hardware, software or Internet access issues or unavailability that may arise in your use of Twin Skies, and You further agree to hold Twin Skies and its employees harmless and not liable for any such issues that may arise. The User will be solely and completely responsible for all costs incurred for telephone costs and Internet access costs, as well as equipment, servicing, repair or correction incurred while maintaining connectivity to Twin Skies.

6.2 You acknowledge that Twin Skies will not be held liable for any loss of User member data resulting from server maintenance, spot maintenance or any other downtime event. In the course of maintaining Twin Skies and its site, Twin Skies will schedule regular periods of server Maintenance as well as spot maintenance, usually occurring with a new game or a new service. Twin Skies will endeavor to do its best to minimize such downtime events. In the event of unforeseen outages or downages as might occur in connection with unusual weather, fires, floods, earthquakes, or other events that could be considered to be "Acts of God," strikes, terrorism, war, riots, embargoes, acts of civil or military authorities, fuel, energy, labor or material shortages, or shortages of transportation facilities or other events that could be considered to be beyond the reasonable control of Twin Skies, Twin Skies will not be held responsible for the unavailability of its website, loss of Twin Skies User Data, unforeseen damage to User equipment, Internet connection or software as a direct result of such unforeseen downage or outage, or any other type of delay or failure arising out of such events.

6.3

1. THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TWIN SKIES DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TWIN SKIES 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 MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TWIN SKIES 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 TWIN SKIES) ASSUME THE COMPLETE COSTS 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.
2. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWIN SKIES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES AND THIRD-PARTY PROVIDERS TO THE SITE ("TWIN SKIES ENTITIES") 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 TWIN SKIES OR ANY THIRD PARTY.
   NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL TWIN SKIES HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE TOTAL PAYMENTS MADE BY YOU FOR ACCESSING THIS SITE WITHIN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.4 This Section 6 and Section 12 are an essential element of this Agreement, as Twin Skies is making this service available to Members under the terms herein in reliance on these material terms.

7. INDEMNITY
By using the Site You agree to indemnify Twin Skies and Meteor Games LLC, ITS officers, directors, employees, agents, suppliers or any other party involved in creating, producing, transmitting, or distributing the Site or related products or services and hold them harmless from any and all claims and expenses, including (without limitation) attorneys' fees, arising from Your use of the Site, Your submission of ideas and/or related materials to Twin Skies or from any person's use of any ID, membership or password You maintain with any portion of the Site, regardless of whether such use is authorized by You. You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnifications.

8. LINKS TO/FROM THIRD PARTY WEBSITES
Occasionally, we may make available a link to a third party's website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We provide the links to You only as a convenience. We do not endorse any third party linked website or its use or contents.

You may link to Twin Skies provided that your site does not (i) replicate Twin Skies content or use any logos without permission; (ii) create a browser or border environment around Twin Skies content; (iii) imply any endorsement from Twin Skies or otherwise misrepresent its relationship with Twin Skies; or (iv) contain content that could be construed as distasteful, offensive or controversial or inappropriate for all age groups.

9. COPYRIGHT AND TRADEMARK NOTICE
Meteor Games LLC © 2008. All rights reserved. Twin Skies is a trademark of Meteor Games LLC. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, You acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of Twin Skies and its affiliates, licensors, and service providers. You agree: (i) not to modify, alter, or deface any of the trademarks, service marks, trade dress (collectively "Trademarks") or other intellectual property made available by us in connection with the Site; (ii) not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (iii) not to use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to You; (iv) to maintain the copyright notice of Twin Skies with respect to any content You reproduce with permission and to add a permission notice with the copyright notice (i.e. - used with permission).; (v) not to defame or disparage us, our Trademarks, or any aspect of the Site; and (vi) not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services.

10. NOTIFICATION OF CLAIMS OF INFRINGEMENT
Twin Skies respects the intellectual property rights of others, and we ask Twin Skies' Users to do the same. Twin Skies may, in appropriate circumstances and at its discretion, terminate the accounts of Users who infringe the intellectual property rights of others. Twin Skies employs multiple measures to prevent copyright infringement over this Site and to end promptly any infringement that might occur. If You believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth on this link.

11. ELECTRONIC AGREEMENT
You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after You consent to the Agreement. You also have the right at any time to withdraw Your consent to have this Agreement provided to You in electronic form. Should You choose to withdraw Your consent to have this Agreement provided to You in electronic form, we will discontinue Your then-current username and password. This means that You will not have the right to use the Site unless, and until, we issue You a new username and password. We only will issue You a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to You upon request.

To withdraw Your consent and/or request a non-electronic copy of this Agreement, please send an email to legal@meteorgames.com or a letter (and self-addressed stamped envelope if requesting a non-electronic copy) to: Twin Skies Meteor Games LLC, 8581 Santa Monica Blvd, #556, West Hollywood, CA, 90069- 4120. Your withdrawal of consent shall be effective within a reasonable time after we receive Your withdrawal notice described above, but it will not affect the legal validity or enforceability of the Agreement provided to, and accepted by, You prior to the effective date of Your withdrawal.

In order to access and retain this electronic Agreement, You must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for Your records. To retain an electronic copy of this Agreement, You may save it into any word processing program.

12. GENERAL
12.1 The Terms of Use will be governed in all respects by the laws of the State of California without reference to its conflict of laws principles. User further agrees and User agrees to submit to the jurisdiction of the state and federal courts located in Los Angeles, California for the resolution of any dispute arising from or related to this agreement.

12.2 User may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to User in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. Twin Skies' failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Twin Skies of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of Twin Skies shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond Twin Skies' reasonable control.

12.3 In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys' fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by the User shall be sent via e-mail to legal@meteorgames.com. Twin Skies may give notice to User at the e-mail address User provides in the Registration Data.

12.4 If any provision of these Terms of Use is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Summaries and headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Twin Skies' representatives and You with respect to the subject matter hereof. Twin Skies hereby reserves any rights not expressly granted herein.