GABRIEL CREATIONS INC.
TERMS OF USE

1. License. These Terms of use (“Terms”) govern your use of Gabriel Creations Inc.’s (“we”, “our” or “us”) Biowars story, games and any other service that we may offer to you through the web or mobile devices (the “Service”).Use of the Service is also governed by our Privacy Policy. Please read our Privacy Policy carefully and use it to make informed decisions. By creating an account or accessing or using the Service you accept and agree to be bound by these Terms and consent to the collection, use and storage of your information as outlined in our Privacy Policy. We may change, modify, add or remove portions of these Terms and our Privacy Policy at any time by posting the amended terms on the Service. We may also give you additional notice, such as an e-mail message or a message within our Service, of any changes. If you continue to use the Service, you will be deemed to have accepted such changes. Unless we state otherwise, all amended terms will automatically be effective 30 days after they are initially posted.  We may also revise our other policies and the new versions will be available at www.biowars.com or on the Service. If you do not agree to any portion of the then current version of these Terms, our Privacy Policy, or any other of our policies, relating to your use of the Service you must immediately stop using the Service.

   To the extent these Terms or our Privacy Policy conflict with any other of our terms, policy, rules or codes of conduct, these Terms and our Privacy Policy will govern.
   Subject to your agreement and continuing compliance with these Terms and any other relevant policies, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations that may be set forth in these Terms to access and use the Service only for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

2. The Service. You understand that while the Services are based upon real world science, all information contained in the Service, including, but not limited to, the story, characters and games are fictional. You represent and warrant that you are not prohibited from receiving products originating from the U.S., including services or software. You understand that you are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

   If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you are under the age of 13, you may not create an account.  You are responsible for monitoring your account  and denying access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by children under the age of 13.

   You may have only one account and your account may not be created using a false identity or information.  Use of your account is for for non-commercial purposes only.  Advertising, soliciting, or transmitting any commercial advertisements, or engaging in illegal conduct is not permitted.  Likewise, attempting to disrupt or interfere with the Service is also not permitted.

   You may not:

   • Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service;
   • Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service;
   • Modify or cause to be modified any files that are a part of the Service;
   • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service;
   • Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
   • Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by us.
   • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
   • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
   • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group;
   • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
   • Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
   • Make any automated use of the system, or take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
   • Bypass any robot exclusion headers or other measures we employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
   • Use, facilitate, create, or maintain any unauthorized connection to the Service,
   • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by us;
   • Copy, modify or distribute rights or content from the Service, or our copyrights or trademarks except as specifically allowed in these Terms.

   We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.  You understand that you have no ownership interest in your account.  we own all rights to your account and information contained in the account.

   When you submit information to the Service, you represent and warrant that such submission (i) is accurate and does not breach any confidentiality agreements, express or implied; (ii) does not violate any applicable laws, agreements or other’s rights; and (iii) is free of viruses, adware, spyware, worms or other malicious code.

   You grant us a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, such information

   You are responsible for all information you post or otherwise transmit to the Service. We assume no responsibility for the conduct of any information submitted and have no responsibility for monitoring the Service for inappropriate or illegal content or conduct.  However, we may decide to monitor the Service, if we do, then we may edit, refuse to post, or remove any information submitted by you.

   The Service may include features such as forums, blogs and/or chat features. You must understand that we cannot guarantee that ideas and/or information that you may post will not be used by other members, even if you do not want them to use such ideas and/or information.  Therefore, if you have an idea or information that you desire to keep confidential and/or don’t want others to use, do not post it on the Service.

   If you submit ideas to us , we have no obligation to keep your ideas confidential; nor do we have any obligation to return your ideas or respond in any way.  We may use your ideas for any purpose in any way without notice or compensation to you.

3. Advertising. The Service may feature advertisements from us or third parties. We may provide links on the Service to third party websites or vendors. Any charges or obligations you incur in your dealings with these third parties are your responsibility.  We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to or from our Service, and we are not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under our control.  We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.  Nor do we endorse any of these linked sites.
4. Copyrights, Complaints. Copyright infringement is a growing problem that we do not tolerate. We will take the necessary action to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).  We reserve the right to terminate, without notice, your access to the Service.  We do not interfere with standard technical measures used by copyright owners to protect their materials and will cooperate with copyright holders.
5. Updates. The Service is constantly being updated, such updates may be made with or without notice to you. If we require that you accept an update, but you refuse, we may terminate your Account.
6. Disclaimers, Indemnification. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

   WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

   YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

   YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

   YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

   You agree to indemnify, save, and hold us , our contractors, employees, agents and third-party suppliers harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you.

7. Governing Law, Jurisdiction. These Terms and our Privacy Policy are controlled by the laws of the State of New York, without regard to its conflict of laws provisions.  All actions and proceedings shall only be brought within the State and Federal courts located in New York County, New York, USA.
8. Severability. If any portion of these Terms or of our Privacy Policy is found unenforceable, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of unenforceability without affecting the enforceability thereof in any other jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
9. Assignment. We may assign all or any part of these Terms and/or our Privacy Policy to any person or entity without your consent. You may not assign any rights or obligations under these Terms or our Privacy Policy without our prior written consent.
10. Supplemental Policies. We may publish additional policies related to specific services such as applications for mobile devices, forums or contests. Your right to use such services is subject to those specific policies and these Terms.
11. Entire Agreement. These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including our Privacy Policy), contain the entire understanding of you and us , and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
12. No Waiver. The failure of us to require or enforce strict performance by you of any provision of these Terms or our Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Our right to assert or rely upon any such provision or right in that or any other instance.
    The express waiver by us of any provision, condition, or requirement of these Terms or our Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by us shall be deemed a modification of these Terms nor be legally binding, unless in writing, signed by you and our authorized officer.
13. Notices. We may notify you by postings on www.biowars.com, and by e-mail or any other communications to contact information you provide to us.  All notices given by you or required from you under these Terms or our Privacy Policy must be in writing and addressed to: Gabriel Creations Inc., 102 Madison Avenue, 2nd Floor, New York, NY 10016. Any notices that you provide without compliance with this section on notices shall have no legal effect.
14. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone. Accordingly, we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
    You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
15. Force Majeure. We are not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.