Mixmaster Online Terms of Use Agreement (The "Agreement") IMPORTANT! PLEASE READ CAREFULLY. 1. TERMS OF AGREEMENT (a) Terms of Agreement. SeedC Pacific offers to allow you to play its multi-player online computer game "Mixmaster Online" conditioned on your agreement to all of the terms and conditions contained in this Agreement and your compliance with the posted Rules of Conduct. Your use of Mixmaster Online constitutes your agreement to all such terms and conditions and your agreement to comply with the Rules of Conduct. To confirm your agreement, you must click on the "Agree" button at the end of this Agreement. If you do not so agree, you must click on the "Cancel" button at the end of this Agreement, in which case you reject the offered terms of use and will not be permitted to play Mixmaster Online. If you have any questions regarding these terms and conditions or the Rules of Conduct, please contact SeedC Pacific customer service representative. (b) Amendments. SeedC Pacific may amend this Agreement or modify the Rules of Conduct at any time in its sole discretion by posting on our web site (http://www.mixmaster.com.au, http://mixmall.mixmaster.com.au, http://www.seedc.com.au, and http://www.lievo.com.au) (a) the amended Agreement or (b) the modified Rules of Conduct. Amendments to the Agreement will be effective seven (7) days after the amended Agreement is posted. Modifications to the Rules of Conduct will be effective immediately upon posting. Your use of Mixmaster Online after the effective date of any amendments to this Agreement constitutes your agreement to the amendments. You agree to check this Agreement and the Rules of Conduct periodically so you will be familiar with those contents as amended or modified from time to time. 2. Ownership All rights and title in and to the Program and the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the program, transcripts of the chat rooms, character profile information, recordings of games played on the program, and the program client and sever software) are owned by SeedC Pacific. User 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 SeedC Pacific (including, without limitation, content that the Website enables you to download) without the express written permission of SeedC Pacific. In the event of any permitted copying, redistribution, trademark, legend or copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from SeedC Pacific is allowed by the user expressly for the user's own use. 3. DESCRIPTION OF SERVICE SeedC Pacific offers Mixmaster Online as an item-based online role-playing game service (the "Service") accessible through our web site, currently at http://www.mixmaster.com.au (the "Web Site"). SeedC Pacific reserves the right to change the URL address of the Web Site at any time and from time to time. To use the Service, you will need to install software which SeedC Pacific makes available from the Web Site (the "Software"). Anyone desiring to use the Service is required to establish an account with SeedC Pacific (the "Account"). SeedC Pacific does not provide Internet access, and you are responsible for all fees associated with your Internet connection. The Web Site located at www.mixmaster.com.au is an active part of the Service and any use of the website is governed by the same terms and conditions of this User Agreement and the Rules of Conduct. 4. Account (a) Eligibility. Accounts are available to any individuals. If you wish to use the service, you must complete the registration process, open an account in your name and accept full responsibility for all obligations under this agreement. Those who have completed these steps and who maintain their account in good standing are sometimes referred to in this agreement as "Members." By clicking the "Agree" button, the registered user of an account may use the account. Only one person may use an account and you are liable for all activities conducted through the account. If you agree to be a member of SeedC Pacific Pty Ltd, you will be also regarded as a member of services which SeedC Pacific Pty Ltd. provides through other homepages (www.seedc.com.au , www.mixmaster.com.au and www.lievo.com.au). (b) Account ID. At the time your Account is opened, you must choose a name to identify yourself to SeedC Pacific (your "Account ID"). You may not select as your Account ID the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of SeedC Pacific, or which SeedC Pacific deems in its sole discretion to be vulgar or otherwise offensive. SeedC Pacific reserves the right, in its sole discretion, to (1) delete or alter any Account ID or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or tradename right, copyright, or other proprietary right. You have sole liability for all activities conducted through your Account or under your Account ID. (c) Account. By agreeing to the User Agreement you agree that you do not own the account you use to access the service, the characters SeedC Pacific stores on SeedC Pacific servers, the items stored on these servers, or any other data which the servers and accounts are comprised of. The account you create is needed to login to the service and the fee that you pay is to continue to access the service. (d) Character Name. In order to use the service, you create a character and choose a name for your character to identify your character to other Members (your "Character Name"). You may not select as your Character Name the name of another person, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which may mislead other players to believe you to be an employee of SeedC Pacific, or which SeedC Pacific deems at its sole discretion to be vulgar or otherwise offensive. SeedC Pacific reserves the right, in its sole discretion, to (1) delete or alter any Character Name or (2) terminate any license granted herein, for any reason whatsoever, including, without limitation, any suspected or actual infringement of any trademark or tradename right, copyright, or other proprietary right. (e) Passwords. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account and Account ID. At no time should you respond to an online request for a password. SeedC Pacific will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process. (f) Former Members. Members whose Accounts have been terminated by SeedC Pacific may not access the Service in any manner or for any reason, including through any other Account, without the express written permission of SeedC Pacific. (g) Related Accounts. If SeedC Pacific terminates an Account, SeedC Pacific may terminate any other Accounts that share the same member name, phone number, email address, postal address, Internet Protocol address, or credit card number with the terminated Account. (h) Downloads. Downloads of SeedC Pacific programs should only be downloaded from our website from any other mirror site we approve of. SeedC Pacific will not be responsible for any harm resulting from the download from any other site. 5. SERVICE FEE (a) Mixmaster Online is an item-based game. Service usage is basically free, but SeedC Pacific can change Mixmaster Online to pay to play game without user's consent. (b) Designated paid information and paid service usage are governed by the user agreement or paid service policy contained in user agreement and SeedC Pacific's paid service policies. (c) SeedC Pacific has exclusive ownership of all paid service in Mixmall(http://mixmall.mixmaster.com.au), and user bought certain contents have item usage right on the web. User only has usage right during the specific time period when user buy paid service on the Mixmall. (d) Paid item owned by user can not be sold or transferred to others without SeedC Pacific's consent. (e) Free item and gifted item from other users are NOT refundable. (f) Game item usage period is limited to the period of service. If SeedC Pacific terminates Mixmaster Online game providing service, item usage right will be ended together with the service termination. (g) Only unused portion of game money is refundable. If you purchased item, user can NOT get refund for the item even if user's item is available in the game. (h) In the event that you breach this agreement and give some damage to SeedC Pacific, you will forfeit your right to any and you are wholly responsible for the all costs, attorneys' fees and other expenses incurred. 6. OFFICIAL SERVICE SeedC Pacific has designed Mixmaster Online for play only as offered by SeedC Pacific at the Web Site. You agree to play Mixmaster Online only as offered by SeedC Pacific at the Web Site and not through any other means. You further agree not to create or provide any other means through which SeedC Pacific may be played by others, as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or advantage your use of the Service which is not authorized by SeedC Pacific, including but not limited to the use of ‘bots' and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for SeedC Pacific, except that you may use the Software to the extent expressly permitted by this Agreement. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any Mixmaster Online accounts, characters, items, coin or copyrighted material. 7. PRIVACY The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf. 8. Rules of Conduct As with all things, your use of the service is governed by certain rules of conduct. These rules of conduct maintained and enforced exclusively by SeedC Pacific, must be adhered to by all users of the service. User agrees to use the Services only for lawful purposes. SeedC Pacific reserves the right to terminate the User's usership if it determines, in its sole discretion that the User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Subsection (b) below provides examples of unacceptable conduct, which list is not exhaustive, and SeedC Pacific reserves the right, but not the responsibility, to restrict conduct which SeedC Pacific deems, in its sole discretion, to be harmful to individual users, damaging to the Services, or in violation of SeedC Pacific's or any third party's rights. SeedC Pacific may prohibit or delete conduct, communication or content transmitted on SeedC Pacific service that is deemed to be in violation of applicable laws or is harmful to other users, the SeedC Pacific service community or the rights of SeedC Pacific in general. User acknowledges, however, that communication over the Services often occurs in real-time and SeedC Pacific cannot, and does not intend to, screen communication in advance. YOU MAY NOT USE THE SERVICES TO: A) Harass, threaten or embarrass another User of the Services or to cause distress, unwanted attention or discomfort of such User, or any other person or entity. SeedC Pacific does not condone harassment in any form and may suspend or terminate the account of any User who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited. B) Post or transmit sexually explicit images, or point or reference to such images. SeedC Pacific prohibits the transfer or posting of sexually explicit images or other content deemed offensive. C) Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If User engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, the User may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or the User's usership may be terminated immediately and the User may be subject to civil liability and/or prosecution by law enforcement authorities. D) Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than Users are able to type onto it. E) Impersonate any person, including, but not limited to, SeedC Pacific's employees, monitors or hosts. User shall not hold himself or herself out or portray himself or herself as a SeedC Pacific staff user or employee while engaging in all forms of online communication, including, but not limited to, user names, user profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of SeedC Pacific staff shall be grounds for immediate account termination. F) Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements. G) Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many users. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter. H) Posting or transmitting unsolicited advertising, promotional materials, or other forms of solicitation. SeedC Pacific services are not to be used to send unsolicited advertising, promotional material, or other forms of solicitation to other users. User may not use SeedC Pacific services to collect or "harvest" user names without the express permission of those users. SeedC Pacific reserves the right to block and/or filter mass email solicitations on or through the service. I) Violate any operating rules, policy or guideline of any other online service. User further agrees to abide by the rules of the User's Internet service provider. J) Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation. K) Modify any files that SeedC Pacific does not specifically authorize User to modify. Use of material, which is subject to the rights of any person or entity without the express permission of such rights holder, is prohibited, and will result in the termination of the User's usership and possible civil and/or criminal liability. L) Posting to many bulletin boards at once and/or sending multiple unsolicited emails to a single address, sometimes referred to as "spamming," is prohibited. SeedC Pacific may take action on a User's account if any of the following offenses is reported: (a) Posting a similar or identical message to more than 5 bulletin boards; (b) Sending unsolicited mail to more than 30 people or (c) Sending more than two (2) unsolicited emails to a single email address. Repeated spamming will result in account termination. In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, SeedC Pacific reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked accounts. 9. Security of Login Information. You are responsible for maintaining the confidentiality of your Login Information, and you will be responsible for all uses of you Login Information, whether or not authorized by you. In the event that you become aware of or reasonably respect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of your Login Information, you must immediately notify SeedC Pacific. 10. INTERRUPTION OF SERVICE (a) SeedC Pacific reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. (b) You acknowledge that the Service may be interrupted for reasons beyond the control of SeedC Pacific, and SeedC Pacific cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. SeedC Pacific shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes whatsoever. (c) SeedC Pacific shall not be obligated to reimburse any of expense by reason of any interruption of the Service by reason of any of the circumstances described in paragraph (a) or (b). 11. Warranty Disclaimer SeedC Pacific PROVIDES THE SERVICE, THE SOFTWARE, THE ACCOUNT, THE MIXMASTER ONLINE GAME AND ALL OTHER SERVICES ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, your Account or Mixmaster Online. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. 12. LIMITATION OF LIABILITY THE MAXIMUM AMOUNT OF SEEDC PACIFIC'S LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF ACCOUNT FEES PAID BY YOU TO SEEDC PACIFIC. IN NO EVENT SHALL SEEDC PACIFIC, NOR ANY OF ITS CONTENT PROVIDERS, SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, NEGLIGENCE, OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE SOFTWARE, YOUR ACCOUNT OR THIS AGREEMENT WHICH MAY BE INCURRED BY YOU, WHETHER OR NOT SEEDC PACIFIC MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that's SeedC Pacific's liability to you shall be limited to the maximum extent permitted by law. You agree that SeedC Pacific cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Mixmaster Online service. 13. INDEMNIFICATION You agree to indemnify, defend and hold harmless SeedC Pacific and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Agreement or your violation of any rights of another User. SeedC Pacific reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations. 14. TERMINATION Either you or SeedC Pacific may terminate your Account at any time without further obligation to the other. Further, SeedC Pacific reserves the right to terminate the service at any time without further obligation to you. If the service or your account is terminated or cancelled at any time for any reason, you agree to the following: (1) you will not be entitled to any refund or proration of any fees; (2) you will lose any avatars developed or items accumulated and you will not have the right to transfer, sell or assign any avatars or items to anyone else; (3) you may not access the service in any manner or for any reason, including via any other account, in the event that an account is terminated, SeedC Pacific may terminate any and all other accounts that share the member name, phone number, email address, internet protocol address or credit card number with the terminated account; (4) we may terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement or willfully infringe any third party intellectual property rights, or if we are unable to verify or authenticate any information you provide to us, or upon game play, chat or any player activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of SeedC Pacific as described in the Rules of Conduct. If we terminate this Agreement under any circumstances, you will lose access to your Account for the balance of any prepaid period without any refund. 15. GENERAL PROVISIONS The failure of SeedC Pacific or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement. If any provision of the Terms of Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Agreement shall continue to be binding on and remain in full force and effect. The Terms of Agreement, together with any separate written or online agreement between you, SeedC Pacific and/or the Service Provider Customer (including but not limited to the Mature Content Agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, SeedC Pacific and/or the Service Provider Customer, (including, but not limited to all prior versions of the User Agreement, General Terms of Use, and Terms of Agreement, where applicable). The Terms of Agreement and the relationship between you, SeedC Pacific and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of Australia, and such parties agree to submit to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred. Section titles in the Terms of Agreement are for convenience only and have no legal or contractual effect or significance. It is the express wish of the parties that the Terms of Agreement and all related documents have been drawn up in English. 16. Notice Notices may be sent to you or you may send notices to SeedC Pacific via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Agreement or other matters pertaining to the Service by displaying notices or links to notices generally on the Service. 17. Violations Please report any violations of the Terms of Agreement to our compliance department by e-mail. I have read and understand the foregoing Terms of Agreement and agree to be bound by all of its terms.