12. LIMITED LIABILITY
USER ACKNOWLEDGES THAT NDOORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY NDOORS OR ITS CONTENT PROVIDERS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. NDOORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY NDOORS. NDOORS'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL CONTENTS & SOFTWARE DEVELOPED BY OR FOR NDOORS SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY NDOORS SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. NDOORS'S LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER TO ACCESS AND USE THE SERVICES.
YOU AGREE THAT NDOORS CANNOT BE HELD RESPONSIBLE OR LIABLE FOR ANYTHING THAT OCCURS OR RESULTS FROM ACCESSING OR USING THE WEBSITE(S), THE GAME(S), OR SERVICE(S).
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless NDOORS and its subsidiaries and affiliates and their respective directors, officers, shareholders, employees, agents, Service Provider Customers, clients and contractors from and against any loss, claim, demand, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your Content, your violation of the Terms of Agreement or your violation of any rights of another User. NDOORS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
14. INTELLECTUAL PROPERTY
Including but not limited to, all communication features of NDOORS contains copyrighted material, trademarks and other proprietary information including, but not limited to, any titles, text, software, photographs, video, graphics, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game and the entire contents of NDOORS and each area contained therein are copyrighted as a collective work and exclusively owned and licensed by NDOORS and protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved.
NDOORS owns copyrights in the selection, coordination, arrangement and enhancement of such contents. User may not in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on NDOORS (including, without limitation, content that the Website enables you to download) without the express written permission of NDOORS and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, and legend or copyright notice shall be made. The downloading of copyrighted material from NDOORS is allowed by the user expressly for the user's own personal use.
User acknowledges that NDOORS and/or third-party content providers remain the owners of all materials posted on NDOORS, and that the user does not acquire any of those ownership rights by downloading copyrighted materials.
Failure to comply with the restrictions and limitations shall result in immediate, automatic termination of the Account granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the Game Client and the Manuals for archival purposes only.
15. PRIVACY
The personal information you provide us during registration is used for our internal purposes only. We use the information we collect to learn what you like and to improve the Service. Except as otherwise expressly permitted by this Agreement or as otherwise authorized by you, we will not give any of your personal information to any third party without your express approval. We do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. We can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law. If you request any technical support, you consent to our remote accessing and review of the computer you load the Software onto for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Service, the Software and any services or software which may in the future be provided by us or on our behalf.
16. PARENTAL GUIDANCE
Parents may find it inappropriate for use by persons under the age of 13. While NDOORS may choose to monitor and take action upon inappropriate game play, chat or links to the Service, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. NDOORS cannot ensure that other players will not provide Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. NDOORS does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player.
17. SERVICE INTERRUPTION
a) NDOORS reserves the right to interrupt the Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance.
b) You acknowledge that the Service may be interrupted for reasons beyond the control of NDOORS, and NDOORS cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. NDOORS shall not be liable for any interruption of the Service, delay or failure to perform resulting from any causes beyond its reasonable control.
19. GENERAL
The failure of NDOORS or the Service Provider Customer to exercise its rights or insist upon the performance of the user's obligation hereunder shall not constitute a waiver or relinquishment of those or any other rights under these Terms of Agreement.
If any provision of the Terms of Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of the Terms of Agreement shall continue to be binding on and remain in full force and effect.
The Terms of Agreement, together with any separate written or online agreement between you, NDOORS and/or the Service Provider Customer (including but not limited to the Mature Content Agreement if applicable to you) constitute the entire and only agreement, and supersedes any prior agreements between you, NDOORS and/or the Service Provider Customer, (including, but not limited to all prior versions of the User Agreement, General Terms of Use, and Terms of Agreement, where applicable).
The Terms of Agreement and the relationship between you, NDOORS and/or the Service Provider Customer shall be governed by and construed in accordance with the laws of the United States, and such parties agree to submit to the jurisdiction of such courts.
You agree that regardless of any statute or law to the contrary, any action, suit or proceeding arising out of or related to the use of the Service or to the Terms of Agreement must be commenced within 1 year after such claim or cause of action arose or be forever barred.
Section titles in the Terms of Agreement are for convenience only and have no legal or contractual effect or significance.
It is the express wish of the parties that the Terms of Agreement and all related documents have been drawn up in English.
20. NOTICE
Notices may be sent to you or you may send notices to NDOORS via either e-mail or regular mail. The Service may also provide notification of any changes to the Terms of Agreement or other matters pertaining to the Service by displaying notices or links to notices generally on the Service.
21. JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of United States of America.
Any controversy or claim arising out of or in relation to this Agreement shall be finally settled by arbitration in the US. The arbitration shall be conducted before three arbitrators in accordance with the Rules of Arbitration and Conciliation of the International Chamber of Commerce then in effect. The Parties shall be bound by the award rendered by the arbitrators and judgement thereon may be entered in any court of competent jurisdiction. Any award rendered by the arbitrators shall be final, and the Parties shall not have any right of appeal.
22. REPORT VIOLATION
Please report any violations of the Terms of Agreement to our compliance department using email inquiry section on the official website.
I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
-Over-
Mon Jul 14, 2008 3:35 am by Wilton
Subject: Ndoors' Terms of Service for Luminary: Rise of the GoonZu Part IV ~TOS~