EliteAPI

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===== EliteAPI Terms of Use =====

Please take a moment to read and understand the following license agreement that is applied and attached to the EliteAPI.dll and EliteMMO.API.dll files that are released by the EliteMMO Network development team. These files are copyright to the EliteMMO Network and are protected under copyright law. Failure to follow these terms of use in any manner can result in legal action taken against you, your website(s), and/or any participating third-parties.

TOU refers to the abbrivated form of "Terms of Use" which are covered in this agreement.

EliteMMO [or EliteMMO Network] refers to the EliteMMO Network which consists of various websites affiliated with the EliteMMO Network, including but not limited to:
  * elitemmo.com
  * elitemmonetwork.com
  * ffxilinkshell.com
  * radianceteam.com
  * craftmon.com

**Agreement Between User and EliteMMO**

The EliteMMO Network and EliteAPI are offered to you conditioned on your acceptance without modification of terms, conditions, and notices contained herein. Your use of EliteMMO, its websites, its software including and not limited to XiClaim, EliteAPI, FantasyFisher, FantasyScript, and FantasyCrafter, constitutes your agreement to all such terms, conditions, and notices.

The EliteMMO Network is a community site. The fees and costs to access the site is not for the purchase of various content on the site. The EliteMMO Network does not sell or offer software, materials or content for purchase. A donation refers to access to various sections of the site and nothing more. Content within these sections can not and will not be guaranteed or promised. Any material (including but not limited to, Programs, Source Code, Tutorials, etc...) found on the EliteMMO Network site is for general use only. Use of any of the materials found on the EliteMMO Network site is not to be used as a method to break any Terms of Service (TOS) or Terms of Use (TOU) provided by other software/game development companies.

**Modification of these Terms of Use (TOU)**

The EliteMMO Network reserves the right to change the terms, conditions, and notices under which the EliteMMO Network is offered, including but not limited to the charges associated with the use of the EliteMMO Network.

**No Unlawful or Prohibited Use**

As a condition of your use of the EliteMMO Network and the works within, you warrant to EliteMMO Network that you will not use EliteMMO Network sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use EliteMMO Network Sites in any manner which could damage, disable, overburden, or impair the Elitemmo Network or interfere with any other party's use and enjoyment of the Elitemmo Network Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EliteMMO Network.

**Use of Communication Services**

The EliteMMO Network Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

The EliteMMO Network has no obligation to monitor the Communication Services. However, Elitemmo reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The EliteMMO Network reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The EliteMMO Network reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The EliteMMO Networks's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The EliteMMO Network does not control or endorse the content, messages or information found in any Communication Service and, therefore, Elitemmo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized EliteMMO Network spokespersons, and their views do not necessarily reflect those of The EliteMMO Network.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. 

**Materials provided to The EliteMMO Network OR posted at any EliteMMO Network Site**

EliteMMO claims ownership of the materials you provide to The EliteMMO Network (including feedback and suggestions) or post, upload, input or submit to any EliteMMO Network sites or its associated services (collectively "Submissions"). By posting, uploading, inputting, providing or submitting your Submission you are granting Elitemmo, its affiliated companies and necessary permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, sell, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Elitemmo Network is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The EliteMMO Network's sole discretion.

Materials made available through the EliteMMO Network are provided AS-IS, with no warranty, guarantee or promise. Some materials can be deemed potentially harmful and may contain computer virus', password stealers, keyloggers or such. While we don't condone these types of security flaws be contained in a material posted on an EliteMMO Network site, there are times we are unable to remove them in a timely manner. The EliteMMO Network takes no responsibility should a material of such manner steal, transmit or otherwise "send" sensitive data which may result in any damaging of your property, way of life or and other form negative to the user.

**LIABILITY DISCLAIMER**

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ELITEMMO NETWORK SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE ELITEMMO NETWORK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ELITEMMO NETWORK SITES AT ANY TIME. ADVICE RECEIVED VIA THE ELITEMMO NETWORK SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE ELITEMMO NETWORK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ELITEMMO NETWORK SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Elitemmo AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ELITEMMO NETWORK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ELITEMMO NETWORK SITES, WITH THE DELAY OR INABILITY TO USE THE ELITEMMO NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ELITEMMO NETWORK SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE Elitemmo WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ELITEMMO NETWORK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ELITEMMO NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ELITEMMO NETWORK SERVICES.

SERVICE CONTACT: admin@elitemmonetwork.com

**TERMINATION/ACCESS RESTRICTION**

Elitemmo reserves the right, in its sole discretion, to terminate your access to the EliteMMO Network and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the EliteMMO Network. Use of the EliteMMO Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the EliteMMO Network as a result of this agreement or use of the the EliteMMO Network. The EliteMMO Networks's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The EliteMMO Networks's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EliteMMO Network or information provided to or gathered by The EliteMMO Network with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The EliteMMO Network with respect to the EliteMMO Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the EliteMMO Network with respect to the EliteMMO Network. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

**COPYRIGHT AND TRADEMARK NOTICES**

All contents of the EliteMMO Network, its websites, and other content are Copyright 2008-2014 © The EliteMMO Network and/or its suppliers. All rights reserved.

**TRADEMARKS**

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

**NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT**

Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
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