TERMS OF SERVICE
By registering and creating an account with RobotLovesKitty you agree to comply with all these terms. If you do not agree with these terms, do not create an account and do not continue to use the Neverdaunt:8Bit Client.
1. Services. Neverdaunt:8Bit is an internet service that allows you to play an online game in which the places, characters, plots and other content may be created by you, other members, RobotLovesKitty or other parties. In addition the Neverdaunt:8Bit web site provides bulletin boards and other game related services. The 8Bit.Neverdaunt.com web site, game, and other services are collectively referred to as N8.
2. Age Requirement. You must be at least thirteen (13) years of age to use N8. You represent, warrant and covenant that you meet this age requirement.
3. Access. You must have access to the Internet in order to use N8. It is your responsibility to
select, obtain and pay for any equipment or services necessary for access.
4. Registration. If you accept the terms, RobotLovesKitty will process your registration form and establish a user account. You must select a username to identify you to robotloveskitty and a playername to identify you to other users of N8. You may not select as your username or playername the name of another living person (unless it is also your name), a name for the purpose of fraud or disparagement, or a name that violates any third party's trademark right, copyright, or other proprietary right, or which RobotLovesKitty deems in its sole discretion to be vulgar or otherwise offensive. RobotLovesKitty reserves the right to delete any vulgar or otherwise offensive username or playername, or to require you to change your username or playername. You must also select a password for your account.
RobotLovesKitty recommends that you choose a password with letters and numbers, and do not use your username or playername as your password. RobotLovesKitty also recomends that you do not use your username as your playername. The registration form will ask you for other information about yourself ("Registration Data") which you represent and warrant is at all times true, accurate, current and complete, and which you agree to update in order to maintain as such. If you breach this representation, or RobotLovesKitty has reasonable grounds to suspect that you have, RobotLovesKitty has the right upon notice to suspend or terminate your account and this agreement and to refuse your current or future use of N8 (or any portion thereof).
5. License. Subject to all of the Terms, RobotLovesKitty hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use N8 solely for your personal entertainment purposes. RobotLovesKitty may revoke this license at any time and for any reason. Specifically if you breach the terms of service we will ban your account. The terms of such terminations are explained in section 18.
6. Restrictions. You agree not to do any of the following prohibited actions:
1. reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner N8 or any portion thereof, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom;
2. permit any other person (including but not limited to a former member whose account RobotLovesKitty has terminated) to access N8, or create or provide any other means through which the Games may be played by anyone besides you (e.g., through server emulators);
3. upload, post, email or otherwise transmit through N8 any material that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or contractual or fiduciary relationship (e.g., inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other party's proprietary rights; (iv) is unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4. harm minors in any way;
5. impersonate another user or administrator;
6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials you or another party transmit through N8;
7. act in a manner that negatively affects other members' ability to engage in real time exchanges;
8. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
9. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
10. "stalk" or otherwise harass another; or
11. collect or store personal data about another member without the express permission of such member.
12. reveal personal data about another member--including but not limited to personally identifiable information about the member, administrative role of the member within a game, and information about game characters associated with the member--without the express permission of such member.
13. modify any files or use any game hacking/altering/cheating software or tools, including scripting or macroing software, or attempt to disassemble the game client and/or decipher the data transmissions between N8's client and server. These activities will result in immediate termination of the Player's Account and may subject you to civil and/or criminal liability.
14. engage in any behavior that is contrary to the 'spirit of the game' as defined by RobotLovesKitty in its sole discretion. This includes the use of multiple characters or accounts to undermine or spy on competing parties, or to otherwise manipulate the game environment.
15. play N8 on any server or service that is not provided or authorized by RobotLovesKitty.
1. Participatory Content. As part of our interactive approach, RobotLovesKitty provides you with certain opportunities to submit your own ideas, text, graphics, plots, characters, feedback and other materials while you participate in the Games, bulletin boards, chat rooms and other activities in the Site or Services (collectively, "Participatory Content"). By submitting any Participatory Content, you represent and warrant that you are the owner of or have the right to post your Participatory Content, and your Participatory Content does not infringe the rights of any third party. You hereby grant RobotLovesKitty a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, publicly display and perform any and all of your Participatory Content in all media now known or later developed. You, and not RobotLovesKitty, are entirely responsible for all of your Participatory Content that you upload, post, email or otherwise transmit via the Site, Services or Games.
2. Third Party Content. You acknowledge and agree that the Site, Services and Games contain materials owned by RobotLovesKitty and its licensors (including other members), and you agree not to interfere the copyrights, trademarks and other proprietary rights of such parties. You agree that these rights are valid and protected in all media existing now or later developed, and that except as is explicitly provided otherwise, your use of such materials shall be governed by the copyright laws of the United States and other applicable laws.
3. Content Monitoring. As a matter of policy, RobotLovesKitty does not manually pre-screen or monitor the content that you or other members may post to the N8 site or game. RobotLovesKitty does reserve the right to monitor all such content, and reserves the right to remove or alter without notice any and all content that RobotLovesKitty, in its sole discretion, finds offensive or otherwise objectionable. You are solely responsible, and bear the risk, for evaluating the accuracy, integrity, quality, completeness or utility of any content. RobotLovesKitty makes no representations or warranties about the content appearing in N8. Under no circumstances will RobotLovesKitty be liable in any way for any content, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via N8.
4. Mature Content. RobotLovesKitty has adopted a "MATURE" rating, and parts of the Site, Services and/or Games contain adult or mature content that some users may consider offensive, indecent or objectionable. While RobotLovesKitty has established a list of restrictions (section 6) and may in some instances choose to monitor and take action upon inappropriate gameplay, chat or links to the Services, it is possible that at any time there may be language or other material accessible on or through the Site, Services or Games that may be offensive or objectionable to some users.
5. Content Transmission. You understand that the technical processing and transmission of the Services, including your Participatory Content and Public Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Names. In creating your character in N8 we ask that you use names appropriate for the setting. Do not use names that violate these terms, that might be offensive to other players, or that include copyright or trademark characters or products. Avoid names that are from or imply popular media and culture. RobotLovesKitty will arbitrarily change any names it considers unsuitable, or ban the accounts associated. Other than in these circumstances, names will not generally be changed.
8. Auctions and Sales. It is against RobotLovesKitty policy to allow accounts, characters, items, or money to be sold - for real money, on auction sites, or otherwise. We will ask auction sites to respect this policy. We only allow trading of N8 items within the game in exchange for other N8 items. We do not allow trades concerning any other game's accounts, characters, items, or money to be performed, advertised, or solicited. We will terminate accounts that we believe are in violation of this policy.
8. Idea submission policy. RobotLovesKitty and its employees do not accept or consider unsolicited ideas, including but not limited to ideas for advertising campaigns, technology development or product names. Please do not send RobotLovesKitty or any of its employees any unsolicited materials, including any artwork or demos. If any area of the site, services or games invites you to submit material, such as a portfolio URL for a job application, such submission shall not be deemed to be unsolicited for purposes of this section 8 ("Idea Submission Policy"). The purpose of this policy is to avoid potential misunderstandings or disputes if RobotLovesKitty products or marketing strategies might seem similar to ideas submitted to RobotLovesKitty. Please note that any material you submit to RobotLovesKitty in any manner, aside from examples of prior work as part of a job application, will be deemed your "Participatory Content" and subject to the terms of section 7.1 ("participatory content").
9. Your Account is Your Responsibility. You are solely responsible and entirely liable for all activities conducted through your account and/or your username, even if your account has been compromised through no fault of your own. RobotLovesKitty encourages you to maintain the confidentiality of your password, and reminds you that you do not have a license to let others use your account. You agree to notify RobotLovesKitty immediately in the event your password is lost, stolen, disclosed or compromised. It is not RobotLovesKitty ' policy to ask for your password online, and RobotLovesKitty suggests that you never respond to an on-line request for your password. You acknowledge that although the Site, Services and/or Games may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature makes it possible for third parties to access your account and username. RobotLovesKitty strongly discourages the use of the password bypass feature, which will in any event be at your own risk.
11. Charges for Service. RobotLovesKitty charges a subscription fee for the use of N8 The current pricing may be found on the N8 website . You may be eligible to play for free
during a Free Trial or Beta test period. You may also choose to pay additional fees for additional services ("Premium Services"). YOUR MEMBERSHIP FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR ACCOUNT WHETHER OR NOT AUTHORIZED BY YOU. If your use of N8 is subject to any use, sales or other taxes, or if RobotLovesKitty offers any additional services for a fee as noted on the Site and you choose to partake in such additional fee-services, then RobotLovesKitty may also bill you for any such charges, which will be in addition to the rates noted here. RobotLovesKitty reserves the right to change its fees and billing methods at any time effective thirty (30) days after notice of the changes are posted on the Site. You are responsible for regularly reviewing these Terms to obtain timely notice of such changes. If any such change is unacceptable to you, you may terminate your account and this agreement as provided in Section 19 ("Termination"). Your continued use of the Games or Services seven (7) days after the changes are posted on the Site will constitute your acceptance of such change. If you pay for the Games and/or Services by credit card, you represent and warrant that you are the authorized user of such credit card. You agree and reaffirm that RobotLovesKitty is authorized to charge your credit card each month, quarter, or year according to the terms of your subscription. You agree to promptly notify RobotLovesKitty of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify RobotLovesKitty if your credit card expires or is canceled for any reason.
12. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Ownership. RobotLovesKitty and its licensors shall at all times retain all right, title and interest in and to the Site, Services and Games, except to the extent of the licenses granted to you hereunder. RobotLovesKitty , N8 and other products referenced herein are either trademarks or registered trademarks of RobotLovesKitty .
14. Disclaimer of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RobotLovesKitty , ITS AFFILIATES, LICENSORS AND SUBCONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RobotLovesKitty PROVIDES THE SITE, SERVICES AND GAMES (AND ANY RELATED SOFTWARE OR HARDWARE USED OR PROVIDED BY RobotLovesKitty IN CONNECTION THEREWITH OR ANY CONTENT INCLUDED THEREIN) "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND MAKES NO WARRANTY OF PERFORMANCE OR QUALITY OR THAT THE SITE, SERVICES OR GAMES WILL BE ERROR-FREE OR UNINTERRUPTED. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
15. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, RobotLovesKitty AND ITS AFFILIATES', LICENSORS' AND SUBCONTRACTORS' TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT, THE SITE, SERVICES OR GAMES SHALL BE LIMITED TO THE TOTAL PAYMENTS MADE BY YOU TO RobotLovesKitty UNDER THIS AGREEMENT WITHIN THE SIX (6) MONTHS PRIOR TO THE OCCURRENCE OF THE INCIDENT WHICH GAVE RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
16. Consequential Damages. IN NO EVENT WILL RobotLovesKitty , ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE OR COSTS OF SUBSTITUTE SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, WHETHER OR NOT RobotLovesKitty , ITS AFFILIATES, LICENSORS OR SUBCONTRACTORS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, RobotLovesKitty ', ITS AFFILIATES', LICENSORS' AND SUBCONTRACTORS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
17. Indemnification. You agree to defend, indemnify and hold harmless RobotLovesKitty, its affiliates, licensors and subcontractors from all liabilities, claims and expenses, including attorneys' fees, arising from or related to your breach of this Agreement or portion hereof, you Participatory Content or Public Content or any act or omission by you relating the Site, Services or Games. RobotLovesKitty reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by you hereunder.
18. Termination. Either you or RobotLovesKitty may terminate your account and this agreement upon notice at any time without further obligation to the other. Further, RobotLovesKitty reserves the right to terminate the Site, Services and/or Games, or any part thereof, at any time without notice and without further obligation to you. IN NO EVENT SHALL YOU BE ENTITLED TO A REFUND OF ANY FEES OR PRORATION THEREOF. UPON TERMINATION OF THIS AGREEMENT, YOUR ACCESS PRIVILEGES TO THE SITE, SERVICES AND GAMES WILL TERMINATE AND YOU WILL FORFEIT ANY UNUSED ACCESS TIME THAT YOU PURCHASED OR RECEIVED PRIOR TO TERMINATION. A member whose account RobotLovesKitty has terminated may not access the Site, Services or Games in any manner or for any reason without RobotLovesKitty ' express, prior, written permission. Termination of this agreement shall have no effect on any payment obligation accrued prior to the effective date of termination. The following sections shall survive termination: 7(a) and (b), 8 and 14-22.
19. Amendment. RobotLovesKitty may amend the Terms in its sole discretion at any time by posting revised Terms on the Site, and you agree to regularly review the Terms. If any such revision is unacceptable to you, you may terminate your account and this agreement as provided in Section 18 ("Termination"). Your continued access and use of the Site, Services and/or Games seven (7) days after posting of the revised Terms shall constitute your acceptance of the same. Except as expressly set forth herein, the Terms may not otherwise be modified or amended.
20. Reservation of Rights. RobotLovesKitty hereby reserves any rights not expressly granted herein.
21. General Provisions. You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to you in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. RobotLovesKitty ' failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by RobotLovesKitty of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of RobotLovesKitty shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond RobotLovesKitty reasonable control. This agreement is governed by and construed under New York law without regard to its conflict of law principles, and you agree to submit to the jurisdiction of the courts located in Otsego County, in the State of New York, U.S.A. for the resolution of any dispute arising from or related to this agreement. In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys' fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by you shall be sent via email to the N8 Support form. Our telephone number is 607 643 4494 but we do not provide telephone support and discourage you from calling this number. RobotLovesKitty may give notice to you at the e-mail address you provide in the Registration Data. This agreement represents the entire agreement between you and RobotLovesKitty with respect to the subject matter referenced herein.
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