END USER LICENSE AGREEMENT
Updated: November 2, 2015
Mac’s Match the Hatch (the Game) is a free-to-play computer game developed and operated by Numicus LLC. In this agreement, Numicus LLC licensed and operated in Salem, Oregon, and “End User” mean the user of the computer on which the Game will be or has been installed; I.E. “you.”
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ìI AGREEî. BY DOWNLOADING THE GAME AND CLICKING THE “I AGREE” BUTTON OR USING THE GAME OR INSTALLING THE GAME. YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE ìDO NOT AGREEî BUTTON WHICH INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, INSTALLATION OF THE SOFTWARE WILL NOT BE COMPLETED. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AT LEAST 18YEARS OF AGE (EVEN IF YOUíRE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN AUTHORIZED USER WHO IS UNDER 18 YEARS OF AGE) AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE DOMESTIC OR FOREIGN.
THE TERMS OF THIS AGREEMENT MAY BE AMENDED, SUPPLEMENTED OR MODIFIED AT ANY TIME BY NUMICUS LLC IN ITS DISCRETION, WHEN UPDATES OR UPGRADES THE SOFTWARE PRODUCT EFFECTIVE UPON PRIOR NOTICE AS FOLLOWS: Numicus will post the revised version of this Agreement here: www.Numicus.com, and may provide such other notice as Numicus LLC may elect in its sole discretion. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may terminate this Agreement in accordance with Section 7 below. Your installation and use of any of Numicus updates, upgrades or modifications to the Software or your continued use of the Software following notice of changes to this Agreement, shall conclusively demonstrate your acceptance of such changes. Numicus may change, modify, suspend, or discontinue any aspect of the Software at any time. Numicus may also impose limits on certain features or restrict your access to parts or all of the Software Product without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software.
1. LIMITED USE LICENSE
2. LICENSE RESTRICTIONS AND LIMITATIONS
The limited, personal use license granted to you in Section 1 is subject to the following restrictions and limitations as well as all other terms and conditions of this Agreement (collectively, “ the License Limitations”). You agree that you will not, under any circumstances:
A. Sell, sublicense, assign, rent, lease, or otherwise transfer the Software, except as expressly permitted by this Agreement;
B. Reverse engineer, decompile, disassemble or otherwise derive source code or game data from the Software or reduce the Software to a human-readable form, except to the extent that such actions are expressly permitted by applicable law;
C. Copy, photocopy or reproduce the Software, in whole or in part; provided, however, that you may make one (1) copy of the Game Software and the Game manual for archival purposes only;
D. Modify, translate or create derivative works based on or utilizing the Software, Service or Software experience, or any portion thereof;
E. Remove or tamper with any copyright or other proprietary notices contained in or relating to the Software, Service or Game experience, or any portion thereof;
F. Use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, tools or content designed to modify the Software, the Service or the Game experience;
G. Exploit the Software, the Service, the Game experience or any portion thereof for any commercial purpose, including without limitation, (i) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Numicus LLC; (ii) for gathering in-game currency, items or resources for sale outside the Software; or (iii) performing in-game services in exchange for payment outside the Software (e.g., power-leveling and similar activities);
H. Use any unauthorized third-party software that intercepts, “mines” or otherwise collects information from, within or through the Software or Service, including without limitation, any software that is used by the Software to store information about in-game items or the Software environment; provided, however, that Numicus may, in its sole discretion, allow the use of specified third party user interfaces;
I. Modify, or allow or cause to be modified, any files that are a part of the Software in any way not expressly authorized by Numicus LLC in writing in each instance;
J. Host, provide or develop matchmaking services for the Software or Service or intercept, emulate or redirect the communication protocols used by Digital Extremes in any way, for any purpose, including without limitation, unauthorized play over the Internet, network play, or as part of content aggregation networks;
K. Facilitate, create or maintain any unauthorized connection to the Software or Service, including without limitation, (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; or (ii) any connection using programs or tools not expressly approved by Numicus LLC in writing in each instance;
L. Create any other software or content that incorporates the Software or Service or any portion thereof; or
M. Shares, sellsl, grants a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, or rent, lease or license the Software to others.
3. Copyrights, Trademarks and Proprietary Rights
A. Mac’s Match the Hatch, Numicus and certain related names and logos are registered or unregistered trademarks, service marks and/or trade names of Numicus LLC These and all other trademarks, service marks and trade names used in or in connection with the Software are proprietary rights owned by Numicus LLC or its licensors.
B. All rights and title in and to the Software, the Game, the Service, the Site, your Account and all content included therein (including, without limitation, Accounts, computer code, titles, objects, artifacts, characters, character names, locations, location names, stories, storylines, dialogue, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual works, character likenesses, and methods of operation) are owned by Numicus or its licensors. The Software may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. The Software and the Game and all content therein are protected by the United States and other international intellectual property laws. Digital Extremes and its licensors reserve all rights in connection with the Software and the Game, including, without limitation, the exclusive right to create derivative works there from, and you agree that you will not create any work of authorship based on the Game except as expressly permitted byNumicus LLC. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game. You further acknowledge and agree that you shall have no ownership or other property interest in your Account, and you acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Numicus.
4. Consent to Monitor
5. Patches and Updates
Numicus may deploy or provide patches, updates and modifications to the Game that must be installed for you to continue to play the Game. Numicus may update the Game remotely including without limitation the Game Client Software residing on the your machine, without your knowledge, and you hereby grant to Numicus your consent to deploy and apply such patches, updates and modifications.
6. Duration of Online Services
The Software is an online game that must be played over the Internet through the Service as provided by Numicus LLC. You understand and agree that the Service is provided by Numicus LLC at its discretion and may be terminated or otherwise discontinued by Numicus at any time for any reason or no reason.
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control; (ii) removing the Software from your hard drive. Numicus may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Software from your hard drive.
8. Warranty Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND ALL INFORMATION, CONTENT AND SERVICES CONTAINED THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NUMICUS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE GAME IS AT YOUR SOLE RISK.
NEITHER NUMICUS LLC, NUMICUS THIRD-PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED IN THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE GAME WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GAME OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE GAME, INCLUDING, WITHOUT LIMITATION, ALL NUMICUS LLC COMMUNICATION FEATURES.
9. Limitation of Liability
NUMICUS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NUMICUS LLC SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS OR CURRENCY, ACCOUNTS, STATISTICS OR USER RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. NUMICUS IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, WITHOUT LIMITATION, DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL NUMICUS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Numicus shall be limited to the fullest extent permitted by applicable law.
10. Equitable Remedies
You hereby agree that Numicus would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that Numicus shall be entitled, without bond or other security or proof of damages, to appropriate equitable remedies in any court of competent jurisdiction with respect to any breach of this Agreement, which equitable remedies shall be in addition to such other remedies as Numicus may otherwise have available under applicable law. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorney fees and other expenses incurred by such prevailing party in the litigation.
11. Governing Law; Dispute Resolution
- Negotiations – To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (Dispute) you and Numicus agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Numicus will send its notice by email to you at the email address you have provided to create your Mac’s Match the Hatch account. You will send your notice to Numicus by submitting a written notice to Numicus LLD, www.Numicus.com.
B. Binding Arbitration – If you and Numicus are unable to resolve a Dispute through informal negotiations, either you or Numicus may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL WITHIN THE UNITED STATES OF AMERICA. The arbitration shall be commenced and conducted under the jurisdiction of United States courts. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License Agreement, you and Numicus may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions – You and Numicus agree that any arbitration shall be limited to the Dispute between Numicus and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
D. Exceptions to Negotiations and Arbitration – You and Numicus agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Numicus’ intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING ìI AGREEî AND/OR INSTALLING THE SOFTWARE AND PLAYING THE GAME, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
Our content is in compliance with the Children’s Online Privacy Protection Act (COPPA) and will never be directed at children under 13 years of age. If you are under 13 years of age, the Website and game are not intended for you and therefore you are not permitted to access the Website or Game unless your parent or guardian has provided express consent and accepts this Agreement along with all applicable end-user or similar license agreements on your behalf prior to your use of the Website or Game.
1. Legal Agreement
2. Description of Use/Service
Numicus provides a free-to-play, multi-player online Game to registered users and related features, functions and services available through the Website, such as community forums and other interactive areas. To access the Game, you may be required to download and install certain client software, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that Numicus is not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. Numicus does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
You will be required to create an account (an “Account”) to access the Game and certain features and functions of our Service. You must be 13 years of age or older to create an Account. If you are 13 or over, but are under the age of 18, you are required to review this agreement with your parent(s) or guardian to ensure they read and agree to them.
When creating an Account which involves forming a unique user identity (“User ID”) and password, you agree to (i) provide true, accurate, current and complete information as requested in the required fields (the “Account Information”) and (ii) promptly maintain and update such User ID and your Account Information to keep it true, accurate, current and complete.
You, as creator of your Account and User ID, are solely responsible for your User ID. Digital Extremes will not tolerate offensive or obscene User IDs. If a User ID violates any part of these terms, DE may immediately, temporarily, or permanently ban such a User ID, with or without notice. The creation of alternate accounts will be handled on a case by case basis, and we reserve the right to remove accounts used to circumvent any form of restrictions to the game or the Service including the official Mac’s Match the Hatch forums.
Numicus LLC is not responsible for any misuse of your Account or your User ID, you agree to accept all risks of unauthorized access to your Account and to hold Numicus harmless from and against any improper use of your Account or your User ID, including, but not limited to, improper use by someone to whom you revealed your password.
Please note that, you are responsible for maintaining the confidentiality and security of your User ID and password, and you agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities and transactions that occur under your Account (including purchases and charges, as applicable), and Numicus LLC is not responsible for any unauthorized use of your account, including without limitation in the event that your password is stolen or revealed to a third party. You agree to immediately notify Numicus in writing of any unauthorized use of your Account or any other breach of security in relation to the Website, the Use/Service or the Game known to you.
You may change your password in order to safeguard your Account. The Account you create is personal to you and Numicus does not allow the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your Login Credentials (except as expressly provided herein or otherwise explicitly approved of by Numicus and/or Paypal ) may result in suspension or termination of your Account.
Your Account may be deactivated if you do not use your Account within twelve months after the date that it was created or for any continuous period of twelve months after creation. If you do not use your Account for twelve or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will endeavor to use reasonable efforts to notify you by e-mail before we delete your Account, unless we are deleting your User ID for a violation of these terms or discontinuation of the Service. However, we will not be liable in any manner for any failure to give notice. If you advise us within five days of the notice that you want to keep your Account active, we will not delete it. If you do not so notify us, your Account may be permanently deleted, along with your User ID, records, ranks and service information. Please note that regardless of any notice, Numicus reserves the right to discontinue the Use/Service or to terminate or suspend your account at any time in its sole discretion for any reason, or for no reason.
You may terminate your Account at any time, for any reason or no reason, by contacting www.numicus,com.
4. Limited Use License
5. User Content
The Service may include discussion forums, chat rooms, user feedback, messaging features, comments and other interactive areas or services (“Interactive Areas”) in which you or other users create, post, send or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on or through the Website (the “User Content”). User Content posted to the Website is publicly available and not confidential and will become the sole property of Numicus. We strongly recommend that you not publish any personal information about yourself or others on or through the Website. In consideration of your use of the Service, you hereby transfer and assign to Numicus all right, title and interest in and to the User Content you create, post, store or transmit on or through the Website, including all intellectual property rights therein, and Numicus shall be entitled to the unrestricted use, dissemination and other exploitation of such User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You are solely responsible for the User Content you post and for your use of such Interactive Areas.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
A. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
B. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
C. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content
D. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
E. Unsolicited promotions, political campaigning, advertising or solicitations;
F. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
G. Viruses, corrupted data or other harmful, disruptive or destructive files; and
H. User Content that violates the Rules of Conduct or that, in the sole judgment of Numicus restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Numicus LLC or its users to any harm or liability of any type.
You understand and agree that when you communicate with other players within the Game or utilize any interactive features available on the Website, such as instant messaging, forums or chat rooms, such communications and postings are transmitted through Numicus servers, and Numicus may, but is not obligated to, monitor all such communications and postings, including those that are designated as “private.” You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.
7. Links and Hyperlinks
The Website and/or the Service may contain links to websites operated by other parties. Numicus provides these links to you as a convenience, or other users might be posting these links as user-provided Content. Use of these links and the external websites are at your own risk. The linked sites are not under the control of Numicus LLC, and Numicus is not responsible for the content available on the other sites. Such links do not imply endorsement by Numicus of information or material on any other site, and Numicus disclaims all liability with regard to your access to and use of such linked websites.
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray Numicus or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Numicus LLC logo or other proprietary graphic of Numicus LLC to link to this Website without the express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Numicus trademark, logo or other proprietary information, including the images found at the game and/orWebsite, the content of any text or the layout/design of any page or form contained on a page on the Website without Numicus LLC express written consent. Except as noted above, you are not conveyed any right or license by implication, or otherwise in or under any patent, trademark, copyright or proprietaryNumicus or any third party.
8. Updates and Modifications
Numicus LLC may charge fees to access and acquire certain game items or participate in Game activities on the Website and may allow the purchase of in-game currency (Fish Bucks) that may be applied to the purchase of in-game items or activities, All transitions will be made via PayPal. ALL APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. FISH BUCKS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. You agree that you will provide accurate and complete payment information to the third-party payment provider used by Numicus for purchasing Fish Bucks or other fee-based activities on the Website or in the Game. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Numicus may revise the pricing for the Game or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Numicus may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Website or in the Game. If there is a dispute regarding payment of fees to Numicus, your Account may be closed without warning or notice at the sole discretion of Numicus LLC. Every effort will be made by Numicus to provide fair trade practice and track gaming value.
10. Interruption of Use/Service
A. Numicus reserves the right to interrupt the Use/Service from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that Numicus will not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
B. You acknowledge that the Use/Service may be interrupted for reasons beyond the control of Digital Extremes, and DE cannot guarantee that you will be able to access the Service or your Account whenever you may wish to do so. Digital Extremes shall not be liable for any interruption of the Use/Service, delay or failure to perform resulting from any causes whatsoever.
C. Numicus has the right at any time with or without reason to change and/or eliminate any aspect(s) of the use of the Service as it sees fit in its sole discretion.
D. Numicus is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Use/Service by reason of any of the circumstances described in paragraph (a) or (b).
11. Account Termination
NUMICUS MAY SUSPEND, TERMINATE, MODIFY, BLOCK ACCESS TO OR DELETE THE SERVICE OR ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.
NUMICUS may at its option issue warnings and temporary suspensions and permanent terminations of Accounts for user violations. Numicus retains the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. Numicus considers the severity of the violation and the number of infractions in making the determination; however, any determination shall be under the absolute discretion of Numicus, Numicus retains the right to terminate or suspend a User’s Account at any time for any reason, or for no reason, with or without any warnings and with or without notice.
For the avoidance of doubt, you herby acknowledge that Numicus has sole discretion with respect to termination of your Account, even if there are credits remaining on your Account. If you feel you or your Account has been unfairly warned or disciplined please contact Numicus with a full detailed explanation at www.numicus.com
You have the right to terminate or cancel your Account at any time by delivering notice to Numicus. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or Numicus’s enforcement or application of this Agreement; (ii) the User Contents; (iii) your ability to access and/or use the Service or the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
In the event your Account is terminated or canceled for any reason, or for no reason, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account. Any Accounts with unresolved disputes must be settled before Numicus may allow you to register again.
13. Warranty Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. THE USE/SERVICE, THE GAME, THE WEBSITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NUMICUS LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE USE/SERVICE, THE GAME AND THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. NUMICUS LLC DOES NOT REPRESENT OR WARRANT THAT THE USE/SERVICE, THE GAME, THE WEBSITE OR THE MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, CURRENT OR ERROR-FREE. NUMICUS ALSO DOES NOT REPRESENT OR WARRANT THAT THE GAME, THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
B. NUMICUS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. WHILE NUMICUS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, NUMICUS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE OR THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
E. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY NUMICUS LLC WITHOUT WRITTEN CONTRACTUAL AGREEMENT.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NUMICUS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE PROPERTIES, EVEN IF NUMICUS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DIGITAL EXTREMES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO NUMICUS FOR GAME-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Numicus LLC shall be limited to the fullest extent permitted by applicable law.