Effective Date: August 5, 2008 

Important:  Please read the following provisions, including our Privacy Statement, as such provisions and privacy statement are amended from time to time (collectively, “Terms”) carefully before proceeding to use the Massive website (the “Site”).  By using the Site, you are agreeing to these Terms.  If you do not want to do that, then do not use the Site.

1.  What the Terms Cover.
These Terms are a contract between you and Massive Incorporated.  Sometimes Massive Incorporated is referred to as "Massive," "we," "us" or "our".  These Terms applies to any user of the Site.

Please note that we do not provide warranties for the information contained on the Site.  These Terms also limit our liability.  These provisions are in Sections 8 and 9, and we ask you to read them carefully.

2.  When You May Use the Site.
You may start using the Site as soon as you have agreed to these Terms.  No withdrawal right or other "cooling off" period applies to these Terms and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when your use of the Site starts right away.

3.  How You May Use the Site.
In using the Site, you will:

• obey the law;
• obey any codes of conduct or other notices we provide;
• obey the Anti-spam Policy of our affiliate, Microsoft, which is available at http://privacy.msn.com/anti-spam
• promptly notify us if you learn of a security breach related to the Site.

4.  How You May Not Use the Site.
In using the Site, you may not:

• harm us or our affiliates, resellers, distributors, and/or vendors (each a “Massive party” and collectively, the "Massive parties"), or any customer of a Massive party;
• engage in, facilitate, or further unlawful conduct;
• use any portion of the site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("Spam");
• use any automated process or service to access and/or use the Site (such as a BOT, a spider, periodic caching of information stored by a Massive party, or "meta-searching");
• damage, disable, overburden, or impair the Site (or the network(s) connected to the Site) or interfere with anyone's use and enjoyment of the Site; or
• redistribute, download, copy or modify any content available on the Site, or any part of the Site.

5.  Your Materials.
The Site provides you with contact information for Massive Sales Representatives.  If you contact Massive, we may decide to provide you with a user name and password so that you may provide us with materials related to Massive in game advertising services.  We do not claim ownership of the materials you post or otherwise provide to us related to the Massive in game advertising services, whether through the Site or otherwise, (called a "Submission").  However, by posting or otherwise providing your Submission, you are granting to us permission to:

• use and modify your Submission in connection with your possible use of Massive in game advertising services;
• publish your name internally or to Massive contractors in connection with your Submission; and
• grant these permissions to Massive contractors.

This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law.  We have no obligation to display any part of the Submission.  With respect to any advertising content you provide in a Submission, you promise that:

• all advertising content is accurate, complete and current;
• you have all necessary rights, power and authority to publish the advertising content;
• the advertising content, and any web site listed or linked to or from the advertising content:

• complies with all applicable laws and regulations;
• does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
• does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
• does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.

• you possess documents substantiating all claims, express and implied, contained within the advertising content.

For every Submission you make, you must have all rights necessary for you to grant the permissions in this Section.

6.  Privacy.
In order to operate and provide the service, we collect certain information about you.  We use and protect that information as described in the Privacy Statement available at: http://go.microsoft.com/fwlink/?LinkId=122085&clcid=0x409.

7.  How We May Change these Terms.
We will notify you of any change in these Terms by showing the date these Terms were last updated at the beginning of these Terms.  It is your responsibility to check the effective date of these Terms to verify you are aware of and agree to the most current version of these Terms.  If you do not agree to these changes, then you must stop using the Site.  If you do not stop using the Site, then your use of the Site will continue under the changed Terms.

8.  WE MAKE NO WARRANTY.
We provide the Site "as-is," "with all faults" and "as available."  We do not guarantee the accuracy or timeliness of information available on the Site.  The Massive parties give no express warranties, guarantees or conditions.  You may have additional consumer rights under your local laws that these Terms cannot change.  We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

9.  LIABILITY LIMITATION.
You can recover from the Microsoft parties only direct damages up to an amount equal to one hundred United States dollars.  You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:

• the Site,
• content (including code) on third party Internet sites, or sites that you link to from the Site, or third party programs or third party conduct,
• viruses or other disabling features that affect your access to or use of the Site,
• incompatibility between the Site and other services, software and hardware,
• delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Site in an accurate or timely manner, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

• this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
• Massive knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.  They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

10.  Changes to the Site; If We Shut Down the Site.
We may change the Site or delete features at any time and for any reason.  We may cancel or suspend your access to the Site at any time.  Our cancellation or suspension may be without cause and/or without notice.

11.  Interpreting the Contract.
All parts of these Terms apply to the maximum extent permitted by law.  A court may hold that we cannot enforce a part of these Terms as written.  If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce.  The rest of these Terms will not change.  This is the entire contract between you and us regarding your use of the Site.  It supersedes any prior contract or statements regarding your use of the Site.  If you have confidentiality obligations related to the Site, those obligations remain in force (for example, you may have been a beta tester).  The section titles in these Terms do not limit the terms of this contract.

12.  Assignment.
We may assign these Terms, in whole or in part, at any time with or without notice to you.  You may not assign these Terms, or any part of them, to any other person.  Any attempt by you to do so is void.  You may not transfer to anyone else, either temporarily or permanently, any rights to use the Site or any part of the Site.

13.  No Third Party Beneficiaries.
This contract is solely for your and our benefit.  It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

14.  Claim Must Be Filed Within One Year.
Any claim related to these Terms or the Site may not be brought unless brought within one year.  The one-year period begins on the date when the claim first could be filed.  If it is not filed in time, then that claim is permanently barred.  This applies to you and your successors.  It also applies to us and our successors and assigns.

15.  Your Notices to Us.
You may notify us as stated in the contact information in the Site.  We will only accept e-mail communications as set forth on the Site.

16.  Notices We Send You; Consent Regarding Electronic Information.
These Terms are in electronic form.  We may send you certain information in connection with the Site.  There may be other information regarding the Site that the law requires us to send you.  We may send you this information in electronic form.  You have the right to withdraw this consent, but if you do, you may not use the Site.  We may provide required information to you:  by e-mail to an address that you give us or by access to a Microsoft web site that will be generally designated in advance for this purpose, via these Terms or the Site.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail.  As long as you can access and use the Site, you have the necessary software and hardware to receive these notices.  If you do not consent to receive any notices electronically, you must stop using the Site.

17.  Contracting Party, Choice of Law and Location for Resolving Disputes.  These Terms are between you and Massive.  Washington state law governs the interpretation of these Terms and applies to claims for breach of it, regardless of conflict of laws principles.  All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your viewing of the Site.  You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this contract.

NOTICES
Notices and Procedure for Making Claims of Copyright Infringement
Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement 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 at http://www.microsoft.com/info/cpyrtInfrg.htm.

Parental Controls
Massive affiliate, Microsoft, offers parental control protections that help you limit access to material that is harmful to minors.  If you are interested in learning more about these protections, information is available at http://www.staysafe.org (available in English only) or other similar sites providing information on parental control protections.

Respect Copyright
Please respect the rights of artists and creators.  Content such as music, photos and video may be protected by copyright.  People appearing in content may have a right to control use of their image.  You may not share other people's content unless you own the rights or have permission from the owner.

Support
Customer support is not offered for the Site.