LEGAL NOTICE, DISCLAIMER, AND TERMS OF USE

This site is operated by EmpyreLounge.com, Inc. ("Operator"). Access to and use of this World Wide Web site ("The EmpyreLounge.com Web site") is provided subject to these terms and conditions. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. These terms may be modified from time to time without notice to you. You are responsible for checking these terms periodically for changes. Your continued use of the EmpyreLounge.com Web site constitutes your acceptance of the modified terms and conditions.

USE OF MATERIAL ON THE EMPYRELOUNGE.COM WEB SITE
The information, artwork, text, video, audio, or photographs (collectively, "Materials") contained on the EmpyreLounge.com Web site are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes. You may not modify or use the Materials for any other purpose without Operator's express written consent . Except as provided below, you may not reproduce, republish, post, transmit, publicly perform, publicly display or distribute any Materials on the EmpyreLounge.com Web site.

You may print Materials on the EmpyreLounge.com Web site for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies.

Any computer software downloadable or otherwise available from the EmpyreLounge.com Web site is licensed subject to the terms of the applicable license agreement. Any services purchased or otherwise made available from the EmpyreLounge.com Web site are licensed under the terms of the applicable terms of service agreement.

The Materials included on the EmpyreLounge.com Web site have been compiled from a variety of sources, and are subject to change without notice.

All media files on the EmpyreLounge.com Web site are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files made available for playback on the EmpyreLounge.com Web site without obtaining the express written consent of the Operator. You may not link directly to any media file located on a EmpyreLounge.com server, and you should not attempt to "pass-off" any EmpyreLounge.com content as your own work.

SITES LINKED FROM THE EmpyreLounge.COM WEB SITE
The sites linked from the EmpyreLounge.com Web site are not under Operator's control, and Operator does not assume any responsibility or liability for any communications or materials available at such linked sites. Links on the EmpyreLounge.com Web site are not intended to be referrals or endorsements of the linked entities; they are provided for convenience only. You are solely responsible and liable for any interactions you may have with any such linked entities, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. Operator shall not be responsible or liable for any part of any such interactions.

FRAMING OR LINKING TO THE EmpyreLounge.COM WEB SITE
You may not link to or frame the EmpyreLounge.com Web site without obtaining the express written consent of Operator.

REGISTRATION
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current.

During the registration process, you will create a password and a user name. Once you have completed the registration process, we will set up a profile for you. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your profile.

PUBLIC FORUMS
"Forums" mean any chat area, poll, bulletin board, e-mail or other interactive function offered as a part of the EmpyreLounge.com Web site. All information, advice, files, links, communications or other materials posted by you (?User-Supplied Materials?) to any Forum shall be your responsibility. You shall not post or transmit via any Forum any User Supplied Materials which infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You shall use the EmpyreLounge.com Web site for lawful purposes only.

The Forums shall be used only in a noncommercial manner. You shall not, without Operator's express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services.

By submitting User-Supplied Materials to any Forum, you grant, or warrant that the owner of any such User-Supplied Materials has expressly granted, to Operator a royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, publish, and distribute all such User-Supplied Materials and/or to incorporate such materials in other works in any form, media, technology now known or later developed and to sublicense any and all such rights to third parties.

Operator shall have the right, but not the responsibility, to monitor and/or remove any User-Supplied Materials posted by you to the EmpyreLounge.com Web site deemed harmful or offensive in Operator's sole discretion, or that otherwise violate these terms and conditions or any other terms and conditions which Operator may institute from time to time. Operator shall have no liability for the failure to receive or for the removal of any such materials.

Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of Operator. Operator makes no representations or warranties regarding the Forums and neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the EmpyreLounge.com Web site. It is your responsibility to evaluate or seek the advise of professionals to assist you in the evaluation of the accuracy, completeness, or usefulness or any Information provided in connection with or otherwise available on the EmpyreLounge.com Web site.

INDEMNITY
You agree to indemnify and hold Operator harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to any information you submit, post, transmit or make available through the EmpyreLounge.com Web site, your use of the EmpyreLounge.com Web site, your connection to the EmpyreLounge.com Web site, your violation of these terms and conditions, or your violation of any law, regulation or third-party right.

For purposes of this section, "Operator " shall include RealNetworks, Inc, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

DISCLAIMER OF WARRANTY
The services, products, Materials, information, advise, or other data (collectively, "Information") made available at the EmpyreLounge.com Web site are provided "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. Your use of the EmpyreLounge.com Web site and Information is at your own risk. Operator expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Operator shall have absolutely no liability whatsoever in connection with the Information including, without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the EmpyreLounge.com Web site. Operator shall have no liability for: 1. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information; 2. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or 3. Any decision made or action take or not taken in reliance upon the Information furnished hereunder.

Operator makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. Operator makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected.

For purposes of this section, "Operator" shall include RealNetworks, Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

LIMITATION OF LIABILITY
In no event shall Operator be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of or relating to your use of, reliance on, or inability to use the EmpyreLounge.com Web site and/or the Information or any part thereof, or from the use of the Internet generally, even if Operator has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law.

For purposes of this section, "Operator " shall include RealNetworks, Inc, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

COPYRIGHT AND TRADEMARK NOTICE
Copyright RealNetworks, Inc. and/or its licensors, 2004, all rights reserved. EmpyreLounge is the registered trademark of EmpyreLounge, L.L.C. RealNetworks , real.com, RealOne, RealArcade, RealAudio, RealVideo, RealMedia, RealPlayer, RealRhapsody, RealProducer, Helix, the Helix Design, DNA, SureStream, TurboPlay, PerfectPlay, Listen.com and the Real bubble are the trademarks or registered trademarks of RealNetworks, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.

COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
Operator's designated agent for notice of claims of copyright infringement related to the EmpyreLounge.com Web site is:

Christen Blunt
RealNetworks, Inc.
2012 16th Street
San Francisco, California 94103
phone: 415.934.2000
RSlegal@real.com

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the EmpyreLounge.com Web site must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
2. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
3. Information related to the work(s) reasonably sufficient for Operator to promptly locate the work (e.g. title of work, location within the EmpyreLounge.com Web site, etc.);
4. Information reasonably sufficient to permit Operator to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement requesting that Operator take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ARBITRATION, JURISDICTION & GOVERNING LAW
You and Operator agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these terms and conditions, the EmpyreLounge.com Web site, or your use of the Information (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Operator toward the other, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the State of Washington. You and Operator also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. You and Operator may litigate in court only to compel arbitration under these terms of use or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these terms and conditions in any manner which violates or may violate Operator's or any of its licensor's intellectual property rights, or may cause continuing or irreparable harm to Operator (including, but not limited to, any breach that may impact Operator's or it's licensor's intellectual property rights, or a breach by reverse engineering), Operator may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. You and Operator must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) To the fullest extent permitted by applicable law: no arbitration under these terms and conditions shall be joined to an arbitration involving any other current or former licensee of Operator, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Operator); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Operator).

These terms and conditions shall be governed by the laws of the State of Washington and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington. These terms and conditions will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.