Move or Die User Agreement
YOU MUST READ, UNDERSTAND AND ACCEPT THE PROVISIONS OF THIS AGREEMENT BEFORE CLICKING “I ACCEPT” BELOW. IF YOU DO NOT, YOU MUST CLICK “I REJECT” BELOW.
This agreement is entered into by and between TAG and You (as defined below) by clicking “I ACCEPT” below, and the following provisions are agreed upon:
1. CONDUCT
While playing the Game, you must respect the rights of others and their rights to play and enjoy the Game. To this end, you may not defraud, harass, threaten, embarrass or cause distress and/or unwanted attention to other players. This includes posting insulting, offensive, or abusive comments about players, repeatedly sending unwanted messages, reporting players maliciously, attacking a player based on race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
You may not post or communicate any player’s real world information (name, address, account name, telephone number, etc.) through the Game or websites.
You may not create character names or otherwise transmit, post, link to or facilitate the distribution of any sexually explicit, harmful, threatening, abusive, defamatory, infringing, obscene, hateful, vulgar, racially or ethnically offensive, invasive of personal privacy or publicity rights, or objectionable in a reasonable person’s view imagery or content.
You may not impersonate any employee of TAG or their affiliates, or impersonate any other person (including, without limitation, celebrities).
You may not violate any local, state, national, or international laws or regulations.
You may not provide false information or intentionally hide any information when registering for your Game account.
You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers running the Game.
You will not exploit any bug in the Game and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game.
2. INTELLECTUAL PROPERTY
You acknowledge, and further agree, that You have no IP right related to any Service, Content, Software, or any combination of the foregoing or parts thereof except the limited license provided in Section 1 above.
You acknowledge, and further agree, that You have no IP right related to any Account ID, any Account Display Name, any TAG Message Board ID, any communication or information on any TAG Message Board provided by You or anyone else, any information, feedback or communication related to the Game, any Character ID or characteristics related to a Character ID, any combination of the foregoing or parts thereof, or any combination of the foregoing with any Service, Content, Software, or parts thereof. To the extent You may claim any such IP right(s), You hereby grant TAG a worldwide, non-exclusive, no-charge, royalty-free, sub-licensable, perpetual and irrevocable license and full authorization to exercise all rights of any kind or nature associated with such IP right(s), and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known. Your license to TAG includes, but is not limited to, all necessary trademark licenses, all copyright licenses needed to reproduce, display, publicly perform, distribute and prepare derivative works of any such IP right, and all patent licenses needed to make, have made or otherwise transfer, use, offer to sell, sell, export and import related to such IP right(s). In addition to the provisions of Section 13 below, You further agree to defend, indemnify and hold harmless TAG with respect to any claim by third-parties that any such license to any such IP right(s) misappropriates, violates or infringes any third-party IP right or other proprietary right.
3. PRIVACY AND DATA PROTECTION
It is Your responsibility to read, understand and accept the Privacy Policy in effect in connection with Your use of the Service. You acknowledge that TAG may make changes to the Privacy Policy at any time. You also acknowledge that each and every time You click “I ACCEPT” You warrant and represent that You did read, understand and accept the most recent version of the Privacy Policy in effect at that time.
4. ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
By clicking “I ACCEPT” You warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Game; or 3) are a minor age 13-17 who has been authorized to click “I ACCEPT” under the provisions of Section 4(c) below. YOU ARE HEREBY FOREWARNED THAT TAG MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, EXERCISE ITS SECTION 3(c) RIGHT TO TERMINATE BASED ON FAILURE TO COMPLY WITH THE CRITERIA ABOVE.
Each Account may only be used by one person. If a minor has been allowed access to an Account under Section 9(c) below, only that minor may use the Account thereafter. Except as provided in Section 9(c) below, You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by You to do so is null and void.
If you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Game, you can choose to allow use of your Account by that minor instead of yourself subject to the following provisions:
You acknowledge, and further agree, that each and every time that minor clicks “I ACCEPT” they are entering into an agreement with your consent;
You acknowledge, and further agree, that each and every time that minor clicks “I ACCEPT” they are entering into an agreement on your behalf;
You acknowledge, and further agree, that each and every time that minor clicks “I ACCEPT” you are responsible for all the provisions they have agreed to on your behalf;
You acknowledge, and further agree, that each and every time that minor clicks “I ACCEPT” you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
It is acknowledged and further agreed by the adult that both the adult and the minor are bound by all provisions of any agreement for which that minor clicks “I ACCEPT” and that the adult has explained the provisions of this Section 9 to the minor, including the fact that both the adult and the minor are jointly and severally responsible under all the provisions of this agreement. In addition, the adult hereby waives all rights to any and all notices under this agreement that may be provided to the minor, and agrees to pay any and all costs, interests or attorney’s fees TAG may be entitled to obtain under this agreement. Accordingly, it is acknowledged and further agreed that the definition of “You” under this agreement includes both the adult at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of themselves, as well as the minor age 13-17 for whom the adult is legally permitted to allow access to the Game;
In consideration for TAG allowing access to the Game by a minor, and in addition to the provisions of Section 13 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless TAG with respect thereto; and
The foregoing adult acknowledges and understands that this guarantee is a continuing, unconditional, and irrevocable guarantee to pay for and to defend, indemnify and hold harmless TAG with respect to any claim related to such liabilities. All rights, remedies, and recourses afforded TAG by reason of this guarantee or otherwise are separate, cumulative, and non-exclusive. Such rights, remedies, and recourses may be pursued separately, successively, or concurrently, and any action taken by TAG with respect to such rights, remedies, and recourses shall in no way limit or prejudice any other legal or equitable right, remedy, or recourse which TAG may have.
You acknowledge that the Game is not intended for minors under age 13, and You will not allow access to the Game, or the viewing of any display thereof, by any minor under age 13.
5. SERVICE AND AVAILABILITY
You acknowledge that Service may be interrupted for reasons within or beyond the control of TAG, that TAG cannot and does not guarantee You will be able to use the Game or any Account whenever You wish to do so, and that TAG may provide subsequent versions, enhancements, modifications, upgrades or patches related to the Software that You must accept and/or install before You will be able to use the Game.
6. TAG DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND RELEASES
SUBJECT TO SECTION 6(C), ANY SERVICE, CONTENT OR SOFTWARE FROM TAG, ANY THIRD-PARTIES UNDER AGREEMENT WITH TAG, ANY PARENT, SUBSIDIARY OR AFFILIATE OF TAG, OR ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, IS PROVIDED AT YOUR OWN RISK ON AN “AS AVAILABLE,” “AS IS” BASIS IN ITS CURRENT CONDITION AND WITHOUT ANY REPRESENTATION, GUARANTEE, OR WARRANTY OF ANY KIND OR IN ANY WAY RELATED TO SERVICE, SUPPORT, INDEMNITY, ERROR FREE OR UNINTERRUPTED OPERATION, UPDATES, CORRECTION OF DEFECTS, OR THAT IT IS FREE FROM DEFECTS OR VIRUSES OR HARMFUL COMPONENTS OF ANY FORM WHATSOEVER. ALL SUCH OBLIGATIONS ARE HEREBY DISCLAIMED AND YOU HEREBY ACKNOWLEDGE THAT TAG, ANY THIRD-PARTIES UNDER AGREEMENT WITH TAG, ANY PARENT, SUBSIDIARY OR AFFILIATE OF TAG, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR BY OPERATION OF LAW, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. SOME STATES DO NOT ALLOW ALL SUCH DISCLAIMERS OF IMPLIED WARRANTIES, SO THEY MAY NOT ALL APPLY TO YOU. BY ENTERING THIS AGREEMENT TO USE TAG SERVICE, CONTENT, OR SOFTWARE YOU ACCEPT THE FOREGOING DISCLAIMER OF WARRANTIES / ALLOCATION OF RISK AND AGREE TO RELEASE TAG, ANY THIRD-PARTIES UNDER AGREEMENT WITH TAG, ANY PARENT, SUBSIDIARY OR AFFILIATE OF TAG, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, FROM ANY AND ALL WARRANTIES AND OBLIGATIONS TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING ARE ESSENTIAL TERMS OF THIS AGREEMENT AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO TAG, ANY THIRD-PARTIES UNDER AGREEMENT WITH TAG, ANY PARENT, SUBSIDIARY OR AFFILIATE OF TAG, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, THEN ANY LICENSE YOU MAY HAVE UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. MOREOVER, YOU ACKNOWLEDGE THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF ANY LICENSE, AGREEMENT OR USE RELATED TO THE GAME.

SUBJECT TO SECTION 6(C), IN NO EVENT SHALL TAG, ANY THIRD PARTIES UNDER AGREEMENT WITH TAG, ANY PARENT, SUBSIDIARY OR AFFILIATE OF TAG, OR ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, LIQUIDATED, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, TORT OR ANY FORM OF NEGLIGENCE) ARISING IN ANY WAY RELATED TO THIS AGREEMENT OR USE OF THE GAME, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW ALL SUCH LIMITATIONS OF LIABILITY, SO THEY MAY NOT ALL APPLY TO YOU. BY ENTERING INTO THIS AGREEMENT TO USE TAG SERVICE, CONTENT OR SOFTWARE YOU ACCEPT THE FOREGOING LIMITATION OF LIABILITY / ALLOCATION OF RISK AND AGREE TO RELEASE TAG, ANY THIRD-PARTIES UNDER AGREEMENT WITH TAG, ANY PARENT, SUBSIDIARY OR AFFILIATE OF TAG, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, FROM ANY AND ALL LIABILITIES, OBLIGATIONS, CLAIMS, OR DEMANDS THAT MAY ARISE UNDER, FROM OR IN ANY WAY RELATE TO THIS AGREEMENT, DIRECTLY OR INDIRECTLY, IN EXCESS OF AN ENTIRE AND AGGREGATE MAXIMUM AMOUNT WHOSE TOTAL SHALL NOT EXCEED THE LESSER OF: 1) ONE HUNDRED (100) US DOLLARS; OR 2) THE AMOUNT PAID BY YOU IN CONNECTION WITH ONE ACCOUNT IN THE PRECEDING SIX (6) MONTHS. THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE FOREGOING ARE ESSENTIAL TERMS OF THIS AGREEMENT AND, IF ANY OF THESE TERMS ARE CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR DETRIMENTAL TO TAG, ANY THIRD-PARTIES UNDER AGREEMENT WITH TAG, ANY PARENT, SUBSIDIARY OR AFFILIATE OF TAG, AND ANY EMPLOYEE, AGENT, SUPPLIER, LICENSEE, CUSTOMER, DISTRIBUTOR, SHAREHOLDER, DIRECTOR OR OFFICER OF ANY OF THE FOREGOING, THEN ANY LICENSE YOU MAY HAVE UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. MOREOVER, YOU ACKNOWLEDGE THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF ANY LICENSE, AGREEMENT OR USE RELATED TO THE GAME.

NOTHING IN THIS AGREEMENT SHALL LIMIT TAG’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.
7. GENERAL PROVISIONS
It is Your responsibility to read, understand and accept this agreement in connection with Your use of the Service. You acknowledge that TAG may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only. You also acknowledge that each and every time You click “I ACCEPT” You warrant and represent that You did read, understand and accept the provisions in effect at that time.
Waiver — Signed written consent from a legally authorized representative of TAG is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
No Rule of Strict Construction — Notwithstanding the fact TAG drafted this agreement, no rule of strict construction shall be applied against TAG. If any provision of this agreement is determined to be unenforceable as a result of any proceeding (e.g., any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency), that provision shall be deemed to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be so modified, that provision will be severed and deleted from this agreement, and the remainder of the agreement will continue in effect.
Injunctive Relief — You and TAG acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. You and/or TAG) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
Governing Law and Venue — This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of New York, or, as appropriate, by federal law as applied by a federal court sitting in New York, both without regard to New York choice of law rules. You and TAG expressly agree that the United Nations Convention on Contracts for the International Sale of Goods do not apply to this agreement or to transactions processed under the agreement. To the extent not otherwise precluded by any other provision of this agreement (see Sections 14(a) and 14(b) above), any and all Dispute(s) and litigation(s) arising out of or related to this agreement, including without limitation matters connected with its performance, shall be subject to the exclusive jurisdiction of the courts of New York, sitting in New York, NY and/or the Federal courts sitting therein. You and TAG hereby irrevocably submit to the personal jurisdiction of such courts and irrevocably waive all objections to such venue.