IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION IN SECTION 18 BELOW.
Except for Section 18 providing for binding arbitration and a waiver of class action rights, we may revise these Terms at any time and in our sole discretion. The most current version of these Terms will always be posted on our website. You shall be responsible for reviewing and becoming familiar with any such modifications. If the revision, in our sole discretion, is material, we will send you a notification or post a notice on our website. By continuing to use our Products after those revisions become effective, you agree to be bound by and comply with the revised Terms. If you do not agree to the revised Terms, stop using our Products.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR REGISTRATION DATA, AND FOR ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED AND ANY FEES OR CHARGES THAT ARE INCURRED THROUGH THE USE OF YOUR REGISTRATION DATA, AND/OR YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.
You may not use anyone else’s Registration Data or account at any time and you may not allow anyone else to use your username and password or account at any time. You agree that we will not be liable or responsible for any loss you may incur as a result of someone else using your Registration Data or account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by us or another party due to someone else using your Registration Data or account. You will notify N3TWORK immediately in the event of unauthorized use of, or any other breach of your Registration Data or account. N3TWORK may require you to change your Registration Data or may unilaterally change your Registration Data.
You may establish, maintain, use and control only one account on our Products. Each account on our Products may only be owned, maintained, used and controlled by only one individual. For avoidance of doubt, users may not “co-own” accounts on our Products. In the event N3TWORK determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that N3TWORK may have, N3TWORK reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
You represent and warrant that you own or control your computing device you use to use our Products, and understand that airtime, data, messaging and other charges from the provider of your computing device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your computing device is compatible with our Products. We do not make any representations, warranties or guarantees that our Products will be compatible with, or accessible by, your computing device. N3TWORK does not guarantee that our Products are available in all geographic locations.
We appreciate your feedback, ideas and other suggestions about N3TWORK and our Products ("Feedback"), which you have no obligation to offer. If you voluntarily choose to provide us Feedback, you agree that we are free to use it as we see fit and without any compensation or other obligation to you, you hereby grant N3TWORK an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid up, sublicensable and transferable license to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display your Feedback, and you irrevocably waive, and cause to be waived, against N3TWORK and its users any claims of any moral or attribution rights in your Feedback.
Our Products are hosted and operated in the United States. If you are a user accessing our Products from any other jurisdiction with laws governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of our Products, which are governed by United States law, you are transferring your personal information to the United States and you consent to that transfer. We make no representations that our Products are appropriate or available for use in other locations.
A user of our Products, including you, may create, display, post, publish, share, submit or transmit comments, notes or other information regarding our Products or use of or experiences with our Products (collectively, "Submissions") through forums, message boards or elsewhere in our Products. Your Submissions may be publicly viewable via the Products by other N3TWORK users as well as generally on the Web. You should only make available Submissions that you are comfortable sharing publicly and for which you have no expectation of privacy. N3TWORK strongly encourages you not to make available Submissions that contain your personally identifiable information, or your confidential or proprietary information. Any Submissions shall be deemed non-confidential. You are responsible and liable for your Submissions. You agree that your Submissions shall not violate these Terms. You represent and warrant that you either are the sole and exclusive owner of your Submissions or you have all rights, licenses, consents and releases that are necessary to grant to N3TWORK and its users the rights in your Submissions as contemplated by these Terms; and neither your Submissions nor your creating, displaying, posting, publishing, sharing, submitting or transmitting of your Submissions or the use of your Submissions (or any portion thereof) on, through or by means of our Products will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
By creating, displaying, posting, publishing, sharing, submitting or transmitting Submissions, you hereby grant N3TWORK and its users a non-exclusive, worldwide, royalty-free, fully paid up, sublicensable and transferable license to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display your Submissions in any and all media or distribution methods (now known or later developed) for the purposes of developing, providing, operating, promoting and using our Products. In addition, you agree that this license includes the right for N3TWORK to use, share or disclose your Submissions with companies, organizations or individuals that partner with N3TWORK, and to further distribute your Submissions to a wider audience through third party sites and services. These uses may be made by or on behalf of N3TWORK without any compensation or other obligation, whether of confidentiality, attribution or otherwise, to you. Nothing in these Terms shall restrict other legal rights N3TWORK may have to user Submissions, for example, under other licenses. Following termination of your use of our Products, we may retain your Submissions for our business or other legitimate purposes, and for backup, archival or audit purposes. Furthermore, N3TWORK’s users may retain and continue to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display any of your Submissions that other users have stored or shared.
A Submission is the sole responsibility of the user who originated such Submission and each user is responsible for their own conduct while using our Products. N3TWORK does not take any responsibility and assumes no liability for monitoring our Products for any inappropriate or illegal Submissions or other conduct of users made available through our Products including through forums, message boards, chat functions or elsewhere in our Products. We do not endorse, support, represent, warrant, guarantee or verify the appropriateness or legality of any Submissions or any other conduct of users of our Products. You understand that by using our Products, you may be exposed to Submissions or other user conduct that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Submissions that have been mislabeled, are deceptive or otherwise unsuited to your purpose. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review your Submissions and other conduct to ensure that you are complying with these Terms and our policies, and to edit, refuse to post or remove Submissions at any time and for any reason that we believe violate these Terms or our policies. In any forums, message boards or chat functions, we also reserve the right, and have absolute discretion, to moderate any interactions and remove any participants, including you, at any time and for any reason that we believe violate these Terms or our policies. However, under no circumstances will we take any responsibility for the Submissions or other conduct of users of our Products made available through our Products.
Our Products, including the Materials, are evolving and may change from time to time without prior notice to you. We reserve the right to modify, suspend or discontinue our Products, including any Materials, or any features or parts thereof without prior notice. You agree that we will not be liable for any such modification, suspension or discontinuance.
You are solely responsible for your interactions (including any disputes) with other users of our Products. Even if we permit you to report users, block users or offer similar features in our Products, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Products and disclosing your personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet a user offline or in person. Your use of our Products is at your sole risk and discretion, and we disclaim any and all liability to you or any third party relating thereto. We reserve the right to contact you, in compliance with applicable law, in order to evaluate compliance with these Terms. You agree to cooperate fully with N3TWORK to investigate any suspected unlawful, fraudulent or improper activity, including granting authorized N3TWORK representatives access to any password-protected portions of your N3TWORK account.
In addition to the other restrictions outlined in these Terms, you will not create, display, post, publish, share, submit or transmit any Submission through our Products that:
In addition to the other restrictions outlined in these Terms, you will not do any of the following while using our Products:
A violation of this Section 5 may result in the removal of your content from our Products and/or the suspension or cancellation of your account or right and ability to use our Products. You acknowledge and agree that N3TWORK may in its sole discretion remove any Submissions, block access to our Products or the content therein, and suspend or terminate any account at any time for any reason or no reason. To report abuse of the Terms, please contact us.
You acknowledge that our Products may include fictional credits or currency that can be used only with our Products ("Virtual Currency"), and the Virtual Currency may be used to gain limited rights to use virtual items for use exclusively within our Products ("Virtual Items").
If you acquire limited licenses to use Virtual Currency and Virtual Items from N3TWORK, you agree that the Virtual Currency and the Virtual Items are provided solely for your own personal, non-commercial entertainment use, can only be used with our Products, and are not redeemable for any sum of money or monetary value from N3TWORK or any other person or entity at any time. By acquiring Virtual Currency or Virtual Items, you receive a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use the Virtual Currency and/or the Virtual Items, as applicable, as part of your use of our Products for your own personal, non-commercial entertainment use. You agree that you do not have any right, title or interest in and to the Virtual Currency and the Virtual Items, except for the express license rights set forth in this Section.
THE VIRTUAL CURRENCY AND THE VIRTUAL ITEMS DO NOT HAVE ANY CASH VALUE, AND NEITHER N3TWORK NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR VIRTUAL ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, NEGOTIABLE CURRENCY, AND IF YOUR ACCESS TO OUR PRODUCTS AND/OR YOUR ACCOUNT IS TERMINATED, WHETHER VOLUNTARY OR INVOLUNTARY, YOUR VIRTUAL CURRENCY AND VIRTUAL ITEMS SHALL HAVE NO VALUE.
Any balance of Virtual Currency or Virtual Items does not reflect any stored value. The use of Virtual Currency or Virtual Items within our Products may be limited as described in the applicable Other Governing Agreement. We reserve the right to control, regulate, change, remove, expire, limit, or modify any Virtual Currency or Virtual Items at any time without any liability to you. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future Virtual Currency and Virtual Items and any other forms of unredeemed value in or associated with your account without prior notice to you.
We have the sole right to manage, modify and/or terminate the Virtual Currency and Virtual Items, and we shall have no liability to you or anyone else for the exercise of such rights. For example, we have the sole right to make all calculations regarding your balance of Virtual Currency, including the number of Virtual Currency that are credited and debited in connection with your use of our Products. While we strive to make such calculations on a consistent and reasonable basis, you agree that our determination of the amount of your Virtual Currency is final and binding, absent manifest fraud or error. In addition, we may impose a maximum balance of Virtual Currency acquirable with United States Dollars or other applicable currency that you can maintain with N3TWORK at any given time.
Any unauthorized exchange, trade, transfer, purchase or sale of any Virtual Currency or Virtual Items (“Unauthorized Transactions”) to anyone, including other users of our Products is strictly prohibited. You acknowledge that N3TWORK may terminate or reverse any Unauthorized Transaction, and may suspend or terminate your use of our Products if you engage or assist in any Unauthorized Transaction.
You acknowledge and agree that N3TWORK shall have no liability for the loss of Virtual Currency and/or Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity, including any Unauthorized Transactions. N3TWORK may replace such lost Virtual Currency and/or Virtual Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability to you or any other user of our Products.
We may revise the pricing for Virtual Currency and Virtual Items offered through our Products at any time. We may limit the total amount of Virtual Currency or Virtual Items that may be purchased at any one time, and/or limit the total amount of Virtual Currency and Virtual Items that may be held in your account in the aggregate. You are only allowed to obtain Virtual Currency and Virtual Items from us or our authorized partners through our Products, and not in any other way.
N3TWORK may offer contests through our Products that involve real money prizing (“Real Money Contests”). TO BE ELIGIBLE TO PARTICIPATE IN A REAL MONEY CONTEST, YOU MUST BE AT LEAST 18 YEARS OLD. ANY PARTICIPATION IN REAL MONEY CONTESTS BY ANYONE UNDER THE AGE OF 18 IS PROHIBITED.
Participation in a Real Money Contest is also governed by the applicable official contest rules. By participating in a Real Money Contest, you agree to the applicable official contest rules.
By participating in a Real Money Contest, you agree to provide us with a valid mailing address, date of birth, and Social Security number as well as any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you.
For users eligible to participate in Real Money Contests, while your account is pending verification, you may be able to participate in Real Money Contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
If you participate in Real Money Contests, all winnings you obtain will be added to your N3TWORK account balance. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing and Products usage patterns prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your account balance at any time and for any reason.
You agree to pay all fees and charges, including applicable taxes, incurred by you or through the use of your Registration Data, and/or the account registered to you. Unless otherwise indicated, all prices are in United States Dollars. If a price is in United States Dollars and if you are using a local currency, the actual amount charged to you may fluctuate based on currency exchange rates without notice to you. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees or charges incurred plus all applicable taxes. YOU AGREE THAT YOU ARE FULLY LIABLE AND RESPONSIBLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR REGISTRATION DATA AND/OR YOUR ACCOUNT VIA THE PRODUCTS. N3TWORK may revise the pricing for the Products and its components at any time. If N3TWORK makes a change to the subscription price for a Product, we will let you know in advance. N3TWORK provides no refunds for any purchases, except as expressly set forth below in this Section.
N3TWORK may offer one or more of its Products on a subscription basis. If you purchase a Product subscription, then you are requesting that N3TWORK begin supplying the subscription immediately and are entering into a subscription contract with N3TWORK, which may be monthly or some other time period as agreed by you. You are also authorizing a charge in the amount of the subscription fee at the rate quoted at the time of purchase. For subscription services purchased through one of our Products played on a platform such as Apple, the applicable platform will charge you the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.
If you purchase a Product subscription, then your subscription will automatically renew each month or such other renewal period unless and until you terminate your subscription or N3TWORK terminates your subscription. You must cancel your subscription before its next monthly or such other renewal period; otherwise, your payment of the next subscription fee will be taken automatically via your chosen payment method. You may cancel at any time by following the applicable cancellation instructions for the Product for which you purchased a subscription. If you are a resident of the European Union and you purchase a Product subscription, the subscription may be cancelled within 14 days from the date of purchase and you may obtain a refund of your initial payment minus a reasonable prorated portion to cover your use of the Product subscription prior to cancellation. Please review the appropriate platform’s cancellation terms for additional information.
We reserve the right to suspend, disable, cancel or terminate your subscription or convert your subscription account to a standard account at our discretion and without any notice. If we cancel your subscription, we will give you a prorated refund based on the amount of time remaining in your pre-paid subscription; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Products violates these Terms or has harmed another user.
We reserve the right to charge fees for the right to use Virtual Currency or Virtual Items, and/or may distribute Virtual Currency or Virtual Items without charge, in our sole discretion. You agree that we may take any action that impacts the perceived value of or pricing for any Virtual Currency, Virtual Items and/or any of our Products at any time.
You may purchase limited licenses to use Virtual Currency and Virtual Items from N3TWORK in accordance with these Terms, and you agree that all such purchases are final and non-cancellable. If you order licenses for Virtual Currency or Virtual Items that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.
You expressly consent to the making available of Virtual Currency and/or Virtual Items immediately upon acceptance of your order. If you are a resident of the European Union and you purchase limited licenses to Virtual Currency or Virtual Items from us, the right to withdraw from such purchases within 14 days from the date of purchase (“Cooling Off Period”) may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree that if you order limited licenses to Virtual Currency or Virtual Items from us, your right of withdrawal is forfeited upon your acceptance as performance begins immediately on your acceptance.
You may be required to provide N3TWORK or its designated agent, or the applicable platform through which you play our Product with your credit or debit card number or other payment information, and related billing information, in connection with your use of the Products, your purchase of Product subscriptions and/or your purchase Virtual Currency or Virtual Items. You may also have the option of participating in third-party offers to receive Virtual Currency. We are not responsible or liable to you for any card or bank-related charges and fees related to your transactions on our Products, or for your participation in any third party offers. All such transactions are administered by a third-party payment processor. N3TWORK expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through any such third-party payment processor.
ALL PURCHASES WITH RESPECT TO THE PRODUCTS ARE FINAL AND NON-CANCELLABLE, AND UNDER NO CIRCUMSTANCES WILL BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE, EXCEPT THAT (a) EU CUSTOMERS MAY CANCEL WITHIN 14 DAYS OF THEIR INITIAL PURCHASE AS EXPRESSLY EXPLAINED ABOVE, AND (b) VIRTUAL CURRENCY MAY BE EXCHANGED FOR VIRTUAL ITEMS.
You agree to pay all fees or charges incurred by you, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in United States Dollars. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees or charges you incur plus all applicable taxes. YOU AGREE THAT YOU ARE FULLY LIABLE AND RESPONSIBLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR USERNAME AND PASSWORD AND/OR YOUR ACCOUNT VIA THE PRODUCTS.
When you make purchases through either Apple iTunes service or the Google Play service, you agree to their respective Terms and Conditions. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html). If you are unsure about your rights in purchases made through either service, you should check with your respective service before making a purchase. All payment related requests related to such purchases should be directed to Apple or Google through their respective service, and are subject to their respective Terms and Conditions. We are not a party to any In-App Purchases and we have no obligation to, and cannot, provide refunds or credits (except as required by law). All sales of Virtual Currency and Virtual Items are final and charges paid by you are final and non-refundable, except as required by law.
You consent to receive notifications from N3TWORK electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your email address information current.
N3TWORK Products may occasionally offer a one-time or limited-time loot, bonuses or other benefits (“Benefits”) to players that have a current Product subscription, who agree to start a Product subscription, who create an account, or refer others to create an account or start a Product subscription. You understand that these Benefits, which will generally be marked as “loot”, “bonus” or with similar terminology, will not be a part of your ongoing Product subscription. Benefits must be used for the intended audience and purposes, and may not be sold or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by N3TWORK. Except as permitted by N3TWORK, Benefits are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. You agree we may change the terms and conditions governing the Benefits, terminate the Benefits program, or expire, deduct, limit, or modify your Benefits at any time for any reason, including but not limited to, the event that N3TWORK determines or believes that your participation in the Benefits program or use or redemption of Benefits was in error, fraudulent, illegal, or otherwise in violation of these Terms.
Certain Benefits are awarded as a “pending benefits” earned gradually when users engage with our Products. A user’s pending benefits are converted into a monetary credit that can be used to engage with the Products. Unless otherwise stated, any unconverted pending benefits remaining in a user’s account 45 days after it has been initially credited can be removed by N3TWORK.
In the event of abuse of the Benefits system by any user, N3TWORK reserves the right to retract your user bonuses.
Our Products may contain advertisements and links for purchasing products and services, which may be targeted to your use of our Products. The types and extent of monetization of our Products by or on behalf of N3TWORK, including advertising and links for purchasing products and services, is subject to change. In consideration for N3TWORK granting you use of our Products, you agree that N3TWORK and the companies, organizations and individuals that partner with N3TWORK may place such advertising and links in our Products, whether made available by you or others, and you are not entitled to any compensation for such advertising, links or related activities.
We care about the security of our users. N3TWORK, however, cannot guarantee that unauthorized third parties will not be able to access your account. You are responsible for making sure that you keep your password secure and safe. We encourage you to use “strong” passwords (e.g., passwords that use a combination of upper and lower case letters, numbers and symbols). You agree that you will not share your password with others or do anything that might jeopardize the security of your password or account. You accept all responsibility for any activity that occurs with respect to your username and password, or your account, whether or not you are aware of such activity. Please notify us immediately of any unauthorized use of your username and password, or your account.
We may offer features that are based on the location of users and which may report on the locations of those users as they use the Products (“Location-Based Services”). You may partake in using these Location-Based Services solely at your own discretion and may opt out of providing that information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through our Products. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through our Products.
The Products may make use of push notifications to devices that support the transmission of such notifications or alerts. Push notifications are used to send notification messages to you regarding offers, products, events, and other promotions and related alerts, as well as informational and/or administrative messages. After downloading the Products, you may be asked to accept or deny push notifications. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from the Products, you may opt out by changing your notification settings on your device or, if applicable, through the push notification service. For mobile devices, the device manufacturer, not N3TWORK, controls these notification settings.
N3TWORK may send you emails concerning our Products, as well as those of third parties. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing email@example.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email firstname.lastname@example.org with contact information and the address for delivery.
N3TWORK respects the intellectual property rights of others and expects its users to do the same. We will respond to notices of claimed copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) identification of the copyrighted work claimed to have been infringed, (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, (c) information reasonably sufficient to permit us to locate the material, (d) your contact information, including your full name, mailing address, telephone number and, if available, email address, (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, (f) a statement that the information in the notice is accurate, (g) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner and (h) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
We reserve the right to remove or disable access to content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances and at our sole discretion, N3TWORK will also disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Our designated copyright agent for notice of alleged copyright infringement appearing on our Products is:
Attn: N3twork Copyright Agent
PO Box 26209
San Francisco, California 94126, United States
Tel: +1(415) 746-9011
Fax: +1(415) 276-6039
Your use of our Products is entirely at your own risk. OUR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. N3TWORK makes no warranty and disclaims all responsibility and liability for: (a) the appropriateness, suitability, completeness, accuracy, availability, timeliness, security or reliability of our Products, (b) any harm to your computing devices, loss or compromise of data, transactions or other materials, or other harm that results from your use of our Products, (c) the editing of, the failure to make available, or removal of, any of your Submissions through our Products, (d) any system outages, unavailability or decreased functionality with respect to our Products, (e) whether our Products will meet your requirements or be available on an uninterrupted, secure or error-free basis, and (e) any Submissions, any Linked Items and any third party information, websites, products, services, resources or other events or activities obtained via our Products. No advice or information, whether oral or written, obtained from N3TWORK or through our Products, will create any warranty not expressly made herein. Some jurisdictions do not allow such disclaimers, so the foregoing disclaimers may only apply to you up to the maximum extent permitted under applicable law.
You may terminate these Terms at any time for any reason by deactivating your account and discontinuing your use of our Products. If you stop using our Products with or without deactivating your account, your account may be deactivated due to prolonged inactivity as determined by N3TWORK. We may suspend or terminate your use of our Products at any time for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms, (b) you create risk or possible legal exposure for us or any of our users or (c) our provision of our Products to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address that you provide to us or the next time you attempt to use our Products.
Upon termination for any reason, any Virtual Currency and/or Virtual Items to which you had access immediately prior to the time of termination will be lost and will no longer be available to you, and you will have no right to them. N3TWORK IS NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY VIRTUAL CURRENCY OR VIRTUAL ITEMS FOR ANY REASON, AND YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY AND/OR VIRTUAL ITEMS UPON TERMINATION FOR ANY REASON.
Upon termination for any reason, we will have no obligation to provide any of our Products to you, and your limited license to use our Products as set forth in these Terms will terminate. We will not be liable to you or any third party for termination of our Products or termination of your use of our Products. UPON ANY TERMINATION, ANY SUBMISSIONS THAT YOU HAVE SUBMITTED IN OUR PRODUCTS OR WHICH ARE RELATED TO YOU MAY NO LONGER BE ACCESSED BY YOU BUT WE, IN OUR SOLE DISCRETION, MAY SHARE SUCH SUBMISSIONS IN ACCORDANCE WITH THESE TERMS INDEFINITELY OR WE MAY DESTROY ALL OR PART OF SUCH SUBMISSIONS WITHOUT ANY LIABILITY OR OBLIGATION TO YOU. Furthermore, we will have no obligation to maintain any information stored in our database related to you or to forward any such information to you. Sections 2, 4, 5 and 8 through 17 of these Terms shall survive such termination.
You agree to indemnify, defend and hold harmless N3TWORK and its directors, officers, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your use of our Products, (b) your Submissions, (c) your breach of any of these Terms or (d) your violation of the rights of other users. N3TWORK reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with N3TWORK in defense of such matter.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold N3TWORK and each of its officers, directors, employees, shareholders and representatives harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.
Some jurisdictions do not allow such limitations of liability, so the foregoing limitations shall apply to you up to the maximum extent permitted under applicable law. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated, then the parties agree to resolve by arbitration subject to the provisions in this Section. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration.
To start an arbitration, you must do the following: (A) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover. You may find a copy of a Demand for Arbitration at www.jamsadr.com; (B) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111, USA; and (C) Send one copy of the Demand for Arbitration to us at 300 California Street, 3rd Floor, San Francisco, California 94104, USA.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in San Francisco County, California, United States of America.
You and N3TWORK agree that the Judicial Arbitration and Mediation Product (“JAMS”) will conduct the arbitration confidentially pursuant to JAMS’ then current rules with a single arbitrator.
You and N3TWORK agree that the state or federal courts of San Francisco County, California, United States will have exclusive jurisdiction over any appeals of an arbitration award. Each party will be responsible for paying any JAMS fees in accordance with JAMS rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
The parties further agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND N3TWORK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Either party may bring an action in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. For such disputes, you and N3TWORK agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in San Francisco County, California, USA. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to email@example.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first download of, access to, or use of our Products, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them.
N3TWORK will provide 60-days’ notice of any changes to this Section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this paragraph shall be severed from the Section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver (or similarly named) section in existence after you first downloaded, accessed, or used the Products.
These Terms are governed by the laws of California, United States. These Terms are not governed by the conflict of law rules of any jurisdiction, the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act, the application of each is expressly excluded. We each agree to submit to the exclusive jurisdiction of the state or federal courts of San Francisco County, California, United States for any matters not subject to arbitration. No claim against N3TWORK may be brought more than one year after the facts giving rise to such claim have arisen.
If any provision of these Terms is held to be unenforceable, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining Terms will remain in full force and effect. The failure of N3TWORK to enforce any of these Terms will not be deemed a waiver of such Terms. You may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without N3TWORK’s prior written approval. All of our rights and obligations under these Terms are freely assignable or transferable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. These Terms do not confer any third party beneficiary rights.
You agree that the provisions in these Terms that limit liability and disclaim warranties are essential terms of these Terms.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
Please contact us at firstname.lastname@example.org if you have any questions or comments about these Terms.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and N3TWORK, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be N3TWORK’S responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit N3TWORK’S liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.