SPECIAL WARNING: PHOTOSENSITIVITY, EPILEPSY AND SEIZURES
A very small percentage of individuals may experience epileptic seizures or blackouts when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a television screen or when playing video games may trigger epileptic seizures or blackouts in these individuals. Even persons who have no prior history of a seizure or blackout may be susceptible.

If you, or anyone in your family, has an epileptic condition or has had a seizure of any kind, consult your physician before playing. IMMEDIATELY DISCONTINUE use and consult your physician before resuming game play if you or your child experiences any of the following health problems or symptoms:

• dizziness
• altered vision
• eye or muscle twitches
• loss of awareness
• disorientation
• seizures, or
• any involuntary movement or convulsion.

RESUME PLAYING THE GAME ONLY ON APPROVAL OF YOUR PHYSICIAN

Following are general suggestions when playing videogames:

• Use in a well-lit area and keep as far away as possible from the television screen.
• Avoid large screen televisions. Use the smallest television screen available.
• Avoid prolonged use of a videogame.
• Take a 15-minute break during each hour of play.
• Avoid playing when you are tired or need sleep.
• Stop using the system immediately if you experience any of the following symptoms: lightheadedness,
  nausea, or a sensation similar to motion sickness; discomfort or pain in the eyes, ears, hands,
  arms, or any other part of the body. If the condition persists, consult a doctor.

SPECIAL WARNING TO OWNERS OF PROJECTION, PLASMA, LCD AND OTHER FLAT PANEL TELEVISIONS:
Before connecting the game to (or otherwise accessing or playing the game on) any projection, plasma, LCD or other flat panel TV, consult the user manual for such TV to confirm that such connection, access or game play will not damage the TV. Failure to do so may result in permanent damage to your TV screen.

TERMS OF USE
Please read all Terms of Use carefully before using the ChaoticGame.com website (the “Site”) or any other website of TC Websites LLC.

Note that these Terms of Use replace the prior Terms and Conditions. These Terms of Use were last modified on November 22, 2008.

By accessing and using this Site, you are agreeing to be legally bound by the following terms and conditions together with all of the Special Warnings set forth above (collectively, the “Terms of Use”). If you do not agree with all of the Terms of Use, do not use the Site.

Please review these Terms of Use on a regular basis. TC Websites LLC reserves the right, in its sole discretion, to modify or change the Terms of Use at any time. All modifications and changes shall become effective immediately upon the posting thereof. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use.

Rules of Conduct
The Site is operated and maintained by TC Websites LLC and is intended to be used in a safe and enjoyable fashion. Users of the Site must not:

• Rule 1. Language
  You must not use any language which may be considered to be offensive, racist, obscene (the use of symbols to represent swearing will not be allowed), hateful, violent, malicious, threatening or sexually suggestive. You must not use the Site in such a way as to offend anyone else or interfere with the use of the Site by anyone else.
  


• Rule 2. Item Scamming
  and Password Scamming You must not scam or deceive other users. Lying for your own personal gain is not in the spirit of the game. Asking/trying to persuade another player to give you his/her password for any reason is against the rules and will not be tolerated.
  


• Rule 3. Use of Cheats/Errors/Exploits
  You must not use or attempt to use any cheats or errors which you find in our online or offline application. Any errors or exploits which you find must be immediately reported to Customer Support.
  


• Rule 4. TC Websites Impersonation
  You should not attempt to impersonate a TC Websites Member in any way, for any reason. Please remember that a TC Website Member will never ask you for your password.
  


• Rule 5. Account Sharing/Account Trading
  Each account should only be used by ONE person. Account sharing is NOT allowed. You may not sell, transfer or lend your account to anyone else, or permit anyone else to otherwise use your account, and you may not accept an account that anybody else offers you.
  


• Rule 6. Macro-ing
  You must not attempt to use other programs (e.g. bots, macros or auto-miners) in conjunction with the Site to give yourself or anyone else an unfair advantage at the game. You also may not circumvent any of our mechanisms designed to log out inactive users automatically.
  


• Rule 7. Multiple Logging in
  You may create more than one ChaoticGame.com user account. If you create more than one user account: (a) you may not log in to more than one account at any time, and (b) your accounts may not interact with each other in any way including, but not limited to, by "drop trading" or any other method of item transfer, point gaining or “smurfing” (i.e. where a more advanced user logs in under an alternative account in order to outperform lower ranked users).
  


• Rule 8. Encouraging Others to Break Rules
  You must not encourage others to break any of TC Website LLC’s rules or policies including, but not limited to, these Terms of Use.
  


• Rule 9. Security / Use of Site.
  You must not attempt to circumvent any security system related to the Site. You must not upload or submit to the Site any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy, limit or disrupt any software, hardware, telecommunications systems, networks, servers or other equipment or otherwise limit or change any functionality offered on the Site. You must not attempt to use the Site for any purpose other than that which is reasonably intended by TC Websites LLC.
  


• Rule 10. Advertising
  The Site is only for your personal use. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. For the avoidance of doubt, you are not allowed to actively advertise anywhere on the Site. This includes the advertisement of any website, web address or product.
  


• Rule 11. Asking for Personal Details
  For our users' privacy and safety, you must not ask for personal contact information such as: full name, home address or telephone number from another player. Also, never give out your own personal contact information. Please see additional terms and conditions below related to privacy as well as the separate Privacy Policy.
  


• Rule 12. Misuse of Message Boards, Chat or Customer Support
  You must not misuse TC Websites LLC’s message boards, chat, customer support or other offerings. Your use of any message board or chat may be subject to a separate code of conduct that requires your acceptance of additional terms and conditions. Your use of such message board and/or chat is subject to this Terms of Use, which clearly detail what is and is not acceptable. Any misuse of these message boards and/or chat could result in the suspension or termination of your account. You must not misuse TC Websites LLC’s Customer Support. This includes threatening or reporting an innocent person, or by supplying false information.
  


• Rule 13. Third Party Rights
  You must not submit material to the Site that (or otherwise use the Site in a manner that) violates any law, or infringes or interferes with the rights of others, including, without limitation, material or use that: (a) is libelous or defamatory, or invades the privacy of any third party; (b) is obscene or pornographic; (c) infringes the intellectual property rights, including copyrights and trademarks, of any third party; (d) violates any law or regulation; (e) advocates illegal activity; (f) advertises, solicits funds for, or otherwise constitutes a solicitation for, goods or services; or (f) violates the confidentiality provisions of any contract or policy.
  


• Rule 14. Ownership of Codes
  If you have purchased Chaotic® trading cards, you have seen that each of your Chaotic cards has a code that is distinct and unique to that individual card. Each code has been created by, and is owned by, TC Digital Games LLC. By purchasing the card(s) you have also purchased only the RIGHT TO USE the code(s) on the Site. However, TC Digital Games LLC remains the owner of the code(s) and reserves the right to limit or possibly even take away your right to use the code(s) if you violate the Terms of Use. If that happens you will still be able to use the physical card(s) that you purchased, but you will no longer be able to use the virtual card(s) on the Site. Please read all of our rules regarding the use of the Site to be sure that you don't accidentally break any of them.

Security
You are responsible for maintaining the confidentiality of your Username, Password and account. IF YOU FORGET OR LOSE YOUR USERNAME, YOU WILL NOT BE ABLE TO ACCESS THE SITE. If you forget or lose your Password, please refer to the "Help" section of the Site.

Take note that no one at TC Websites LLC or its affiliates will ever ask you to disclose your Password for any reason, other than through the login process.

You are completely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TC Websites LLC will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.

Privacy
Your privacy is important to TC Websites LLC. We have a separate Privacy Policy about how we retrieve and utilize your information. To view the Privacy Policy, please click on the following link Privacy Policy, or return to the Site's home page and click the Privacy Policy link at the bottom of the home page.

Registration
As a user you agree to provide current, accurate, truthful and complete information about yourself as prompted by our registration process. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of any other website offered by TC Websites LLC or its affiliates.

Availability of Site
TC Websites LLC and/or its affiliates reserve(s) the right at any time to discontinue the operation of the ChaoticGame.com website. Any such termination of the ChaoticGame.com website shall be without any liability to any party. TC Websites LLC and/or its affiliates is not responsible for any incorrect or inaccurate postings on the Website, or on sites that link to or from the Website, whether caused by Users of the Website or by any equipment or programming associated with or utilized in the Website.

No Warranty
TC Websites LLC and its Affiliates are not responsible or liable for any problems or technical malfunction of any computer online systems, servers or providers, computer viruses or contamination of your system, delays, inaccuracies, errors, or omissions arising out of your use of this Website, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any Website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website.

THIS SITE AND ALL MATERIALS AND INFORMATION CONTAINED IN OR OTHERWISE AVAILABLE ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TC WEBSITES LLC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHETHER DUE TO NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND WHETHER RESULTING FROM THE EXHIBITION, DISTRIBUTION OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED IN THE WEBSITE AND/OR IN A THIRD PARTY HYPERLINKED SITE, OR THE INABILITY TO USE, ANY MATERIALS OR INFORMATION CONTAINED ON THIS SITE WHETHER THE MATERIAL OR INFORMATION IS PROVIDED OR OTHERWISE SUPPLIED BY TC WEBSITES LLC, ITS AFFILIATES OR ANY THIRD PARTY.

Entire Agreement
This Terms of Use contains the entire understanding of the parties related to the subject matter herein and supersedes all prior understandings or agreements between us with respect to the subject matter herein. You acknowledge and agree that your use of the Site may be subject to: (a) other rules, terms and conditions applicable to certain functionality or features offered on this Site (including, but not limited to, rules related to message board and chat functionality); and (b) the separate Privacy Policy mentioned above.

Your Indemnity Obligation
You are responsible for maintaining the confidentiality of your username(s), password(s), and account(s). You are also responsible and liable for all activities that occur under your account(s). You agree to indemnify, defend and hold harmless, TC Websites LLC, its Affiliates, and their respective officers, directors, employees, agents, licensors, copyright owners of materials on the Website, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of this agreement by you. TC Websites LLC and its Affiliates reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with TC Websites LLC and its Affiliates in asserting any available defenses. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY OR ON BEHALF OF YOU AND ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Severability
If any provision of this Terms of Use is found to be illegal, void or unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.

Governing Law & Consent to Jurisdiction
This Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Terms of Use shall be filed only in the courts of the State of California, located in San Diego, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Ownership of Content and Material on the Site
All content and materials included and/or used on this Site including, but not limited to, all text, graphics, logos, button icons, images, audio clips, digital downloads, data, and software (and the compilation of the foregoing on the Site), is the property of TC Websites LLC or its content suppliers and protected by United States and international intellectual property laws including, but not limited to, copyright laws.

Claims of Copyright Infringement
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

Contact Us
Please use the following address for all inquires other than an inquiry or notice of suspected infringement:

TC Websites LLC
Attn:
12481 High Bluff Drive, Suite 201
San Diego, California 92130

These Terms of Use were last modified on November 22, 2008.