Terms of Service (TOS) [Updated: July 10, 2008]

This Gaming Service Agreement (this "Agreement") is a legally binding agreement between SurgeRO (the "Organization"), and the player (the "Client"). This Agreement governs Client's use of SurgeRO's Gaming Service.

1. Services. SurgeRO provides a gaming community for players to enjoy. We are a non-profit organization and does not take any responsibilty for any files provided to the clients. Any downloads we provide are only hosted by us and we take no credit for the work put into the installers. This organization provides a free gaming community for players and will never charge for anything.
2. Indemnification. The Player agrees to indemnify and hold harmless SurgeRO, SurgeRO's affiliates, and each of their respective officers, directors, agents, and staff from and against any and all claims, demands, liabilites, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney fees) brought by a third party under theory of legal liability arising out of or related to the actual or alleged use of the Player's services in violation of applicable law.
3. Player Information. The Player represents and warrants to SurgeRO that the information he, she, or it has provided, and will provide to SurgeRO for purposes of establishing and maintaining the service is accurate.
4. Back Up. SurgeRO agrees to provide its Player a back up of his, her, or it's data in order to keep a worry-free enviroment. SurgeRO will never charge the Player any fees, incentives to use the back up for proper use at proper times.
5. Governing Law/Disputes. This Agreement shall be governed by the laws of the State of New York, exclusive of its choice of law principles, and the laws of the United States, as applicable. Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE PROVINCIAL COURTS IN BROOKLYN, NEW YORK, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
6. Donations. Any donations made by the Player to the profit-free organization, SurgeRO, are non-refundable. There are no exceptions to anyone for the rules and any Players who have made donations will not be treated any different from other Players. All donations are used to pay for server fee's and/or donated to charities of good will, donated to good wills. Proof of donation to charities of good will or any good wills will not be provided by SurgeRO, if proof is required, it is suggested that the investigator contacts the organizations in charge of the charities of good wills or good wills.
7. Privacy Policy. When you sign up for our service, we ask you to provide contact information such as your e-mail. This information will be stored in a protected database. If you contact us for player support, we may ask you certain questions about your computer setup to better assist you. When you visit our Web Site, we will capture your IP Address, time of and duration of visit, and time and duration of the pages on our Web site that you view. We may tie this information to the personally identifiable information we have about you. Information we have on file will be used primarily for our services. We will never transfer or sell your information for inclusion on third party e-mail or other marketing lists.
8. Service for Minors. Users under the age of 18 are allowed to sign up for our service, agreeing to the Terms of Service. However, if the Player is under the age of 18, he or she must get a parent, or guardian to sign up and agree for them. By agreeing to the Terms of Service, you agree that you are over 18, and are able to legally enter a contract.
9. Changes to SurgeRO's Network. Upgrades and other changes in SurgeRO's work, including but not limited to changes in its software, hardware, and service, may affect the display or operation of the Player's data. SurgeRO reserves the right to change its netowork in its reasonable discretion, and SurgeRO shall not be liable for any resulting harm to the Player.
10. Software. SurgeRO does not take any credit or responsibility to anything that we host for the Player to download. All work, files, graphics, and other material are credited to their respective owners & creators.
11. Copyright. The website, work, and way of operation is copyrighted by SurgeRO. Anything which does not belong to us is copyrighted by their respective owners and we are not responsible in how the Player chooses to use it.
12. Additional Information. SurgeRO reserves the right to request additional identification on any request for help. The request for addiditonal identification will be sent to the Player before any help or services are established.

This Agreement constitutes the complete and exclusive agreement between parties regarding its subject matter and supercedes and replace any prior understanding or community, written or oral.