N3TWORK Terms of Use

Last Updated: April 3rd, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR PRODUCTS (as defined below). YOUR USE OF OUR PRODUCTS MEANS ACCEPTANCE OF THESE TERMS OF USE.

These Terms of Use (these "Terms") govern your use of our games, websites (including our domains provided by us and services that we provide to you (collectively, "Products") of N3twork Inc., a Delaware corporation ("N3TWORK", "we" or "us"). By using our Products, you agree to be bound by and comply with these Terms and our Privacy Policy, which you can review at https://static.n3twork.com/docs/privacy-policy.html. If you do not agree to these Terms or our Privacy Policy, do not use our Products.

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. 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.

1. Our Users

You may use our Products only if you can form a binding contract with N3TWORK and you are not a person barred from receiving our Products under the laws of the United States or other applicable jurisdictions. Any access or use by anyone under the age of 13 is prohibited. If you are under the age of 18, you confirm that you are at least 13 years of age, an emancipated minor or possess legal parental or guardian consent for using our Products, including making any payments that you authorize in our Products, and are fully able and competent to comply with these Terms and our Privacy Policy.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF OUR PRODUCTS, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY IN RESPECT OF YOUR CHILD’S USE OF OUR PRODUCTS. YOU ALSO AGREE THAT ANY PAYMENTS AUTHORIZED BY YOUR CHILD SHALL BE YOUR SOLE RESPONSIBILITY AND LIABILITY. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

If you are accepting these Terms and using our Products on behalf of a company, organization, government or other legal entity, then “you” includes you and that entity, and you confirm that you are authorized to bind that entity to these Terms and our Privacy Policy, and you agree to these Terms and our Privacy Policy on that entity’s behalf.

2. Your Use

Your Responsibility

You are responsible for your username and password, your account and your use of our Products, and any consequences thereof, and your compliance with these Terms and our Privacy Policy. You are responsible for ensuring that any username you select does not infringe any third party’s rights or is otherwise unlawful. We may refuse to grant you or revoke a username in our sole discretion for any reason including if it impersonates or misleadingly implies an association with another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. If you create an account with N3TWORK or create a user profile with N3TWORK or submit any forms to N3TWORK, you agree to provide complete, accurate and up-to-date information, and to update such information to keep it complete and accurate. You may use our Products only in compliance with these Terms, our Privacy Policy and all applicable laws, rules and regulations.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, 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 USERNAME AND PASSWORD, AND/OR YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.

You may not use anyone else’s username and password 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 username and password 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 username and password or account.

Your Computing Device

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.

Your Information

You acknowledge and agree that we may collect, use and/or disclose for our business and other legitimate purposes data and information regarding you, your computing device and your use of our Products in accordance with these Terms and our Privacy Policy.

Your Feedback

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.

Notice to Users Outside the United States

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.

3. Your Permission to Use Our Products

Subject to your compliance with these Terms and our policies, including our Privacy Policy, we grant you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use our Products for your own personal, non-commercial entertainment use. You agree that you are permitted to use the data, text, pictures, graphics, audio, video, icons, content, features, links, software, and Virtual Items and Virtual Currency (each as defined below), including any game themes, plots, sequences and characters, and other in-game items, available in, on or through our Products (collectively, the “Materials”) only when using our Products for your own personal, non-commercial entertainment use. All right, title, and interest in and to our Products (including the Materials), including all intellectual property and proprietary rights therein and thereto, but excluding the Submissions made available by you and other users, are and will remain the exclusive property of N3TWORK and its licensors. N3TWORK reserves all rights in and to our Products (including the Materials) not expressly granted to you under these Terms. Nothing in these Terms gives you a right to use the N3TWORK name or any of the N3TWORK trademarks, trade names, trade dress, logos, service marks and domain names with respect to our Products.

4. Your Submissions

Use of Your Submissions

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.

We Are Not Responsible for Any Submissions or Other User Content

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.

5. Restrictions and Limitations regarding Your Use

Our Products are Evolving

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.

Your Responsibility for Your Interactions

You are solely responsible for your interactions (including any disputes) with other users of our Products. Even if we choose to offer report user, block user or 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.

Prohibited Submissions

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:

  • is sexually explicit or pornographic,
  • creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal,
  • may create a risk of any other loss or damage to any person or property,
  • seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise,
  • violates, or encourages any conduct that violates applicable laws, rules or regulations,
  • contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable,
  • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets),
  • infringes, misappropriates or violates any third party’s intellectual property, privacy, publicity, or other personal or proprietary rights,
  • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or
  • is fraudulent, false, misleading, or deceptive.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you will not do any of the following while using our Products:

  • create an account with N3TWORK for anyone other than yourself,
  • create a false identity or impersonate another person or entity, including without limitation, identities falsely indicating that you are a N3TWORK official or representative, message board moderator, guide, another user or host, or that you are a celebrity or public figure,
  • solicit another user’s login credentials, access another user’s account without express written permission, or otherwise access our Products by automated means including through bots, robots or spiders,
  • use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users of our Products, or modify or interfere with our Products,
  • access or use our Products for any purpose that is illegal or fraudulent, beyond the scope of their intended use or otherwise prohibited by these Terms, including any credit card scams or credit card misappropriation, or engage in, encourage, or promote any activity that violates these Terms,
  • engage in any Unauthorized Transactions, including any prohibited buying, selling and trading any Virtual Currency and Virtual Items for non-N3TWORK items (including cash) or vice versa
  • collect or store any personally identifiable information of our users from our Products without the express written permission of such users,
  • attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written approval to do so, or impersonate or misrepresent your affiliation with any other person or entity,
  • develop any third party applications that interact with our Products without our express written approval to do so,
  • use our Products for any commercial purpose or the benefit of any third party without our express written approval to do so or in any manner not permitted by these Terms,
  • use, display, mirror or frame our Products, any individual element within our Products, the N3TWORK name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written approval to do so,
  • interfere with or attempt to interfere with, disrupt, negatively affect or inhibit other users from enjoying our Products, or that could damage, disable, overburden or impair the functioning of our Products in any manner, including without limitation (i) sending any unsolicited or unauthorized advertising, spam, solicitations or promotional materials, (ii) sending altered, deceptive or false source-identifying information, (iii) scripting the creation of Submissions in such a manner as to interfere with or create an undue burden on our Products, (iv) transmitting software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots, or without authorization or (v) abusing or exploiting a bug, glitch or similar issue in our Products,
  • attempt to access or search our Products or scrape or download Submissions from our Products, or otherwise use, upload content to, or create new links, reposts, or referrals in our Products through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by N3TWORK or other generally available third party web browsers,
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by N3TWORK or any of our providers or any other third party (including another user) to protect our Products,
  • access, tamper with, or use non-public areas of our Products, N3TWORK’s computer systems, or the technical delivery systems of N3TWORK’s providers,
  • probe, scan, or test the vulnerability of any system or network or breach, compromise or circumvent any security or authentication measures of N3TWORK,
  • reverse engineer, decompile or disassemble any aspect of our Products or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Products,
  • modify, copy, reproduce, port, adapt, translate or create any derivative work based upon, our Products,
  • distribute, frame, republish, scrape, post, transmit, stream, broadcast, transfer, license, sublicense, publicly display, publicly perform, sell or otherwise exploit in any form or by any means, in whole or in part, any of our Products, which includes scrape user locations, power levels, or utilize any non public information about game play or other users and migrate that data anywhere,
  • remove or modify any trademarks, trade names, trade dress, logos, service marks, or copyright or other proprietary notices in or on our Products, or add any other markings or notices in or on our Products,
  • violate the rights of any user of our Products, or any law, rule or regulation, including use our Products in jurisdictions where such use is prohibited by applicable law, or
  • encourage or facilitate any violations of these Terms or our policies, including our Privacy Policy.

6. Virtual Items and Virtual Currency

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.

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.

7. Orders and Payments

You agree to pay all fees and charges, including applicable taxes, incurred by you or through the use of your username and password, 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 USERNAME AND PASSWORD 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 7.

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 pro-rated portion to cover your use of the Product subscription prior to cancellation. Please review the appropriate platform’s cancellation terms for additional information.

N3TWORK Products may occasionally offer a one-time or limited-time loot, bonuses or other benefits to players that have a current Product subscription or who agree to 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.

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 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.

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.

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.

8. Third Party Links, Sites and Products

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.

9. Security

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.

10. Copyright Policy

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:

N3twork Inc.
Attn: N3twork Copyright Agent
512 Second Street, 4th Floor
San Francisco, California 94107, United States
support@n3twork.com
Tel: +1(415) 746-9011
Fax: +1(415) 276-6039

11. Disclaimers

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.

12. Suspension; Termination

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.

13. Indemnity

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.

14. Limitations of Liability

IN NO EVENT SHALL N3TWORK OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING ANY ALTERATION, BREACH, COMPROMISE, CORRUPTION OR LOSS OF DATA) IN ANY WAY RELATED TO (A) THE USE OF OUR PRODUCTS, (B) THE PROVISION OF OUR PRODUCTS, (C) THE CONDUCT OF OTHER USERS OF OUR PRODUCTS, (D) THE USE OF ANY THIRD PARTY INFORMATION, WEBSITES, PRODUCTS, SERVICES, RESOURCES OR OTHER EVENTS OR ACTIVITIES OBTAINED VIA OUR PRODUCTS AND (E) THESE TERMS AND OUR PRIVACY POLICY. YOUR ONLY REMEDY AGAINST N3TWORK FOR DISSATISFACTION WITH OUR PRODUCTS IS TO STOP USING OUR PRODUCTS. IF, NOTWITHSTANDING THESE TERMS, N3TWORK IS FOUND LIABLE TO YOU, THE CUMULATIVE LIABILITY OF N3TWORK AND ITS LICENSORS TO YOU SHALL IN NO EVENT EXCEED US$100.00. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT N3TWORK HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 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.

15. Arbitration and Class Action Waiver

If you have a dispute with N3TWORK in any way related to your use of our Products, these Terms or our Privacy Policy, you agree to attempt to resolve the dispute with us informally. If we are unable to resolve the dispute informally, we each agree to resolve the dispute by binding arbitration, except that you and N3TWORK are not required to arbitrate any dispute in which either party seeks injunctive or other equitable relief for the unauthorized access or use of our Products or unlawful use of intellectual property. You and N3TWORK agree (a) that any arbitration will occur in San Francisco County, California, United States, (b) that the Judicial Arbitration and Mediation Product (“JAMS”) will conduct the arbitration confidentially pursuant to JAMS’ then current rules with a single arbitrator and (c) 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. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND N3TWORK WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND N3TWORK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.

16. Governing Law, Jurisdiction and Statute of Limitations

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.

17. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire and exclusive agreement between you and N3TWORK concerning our Products. 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 franchiser-franchisee relationship is intended or created by these Terms. These Terms do not confer any third party beneficiary rights.

Questions?

Please contact us at support@n3twork.com if you have any questions or comments about these Terms.

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