Welcome to NovaWorld, the multiplayer Internet gaming service (the “Service”) and community website located at www.novaworld.com (the “Site,” and collectively with the Service, “NovaWorld”) owned and operated by NovaLogic, Inc. (“we,” “us,” “our,” or “NovaLogic”). Please read the following Terms of Use carefully before creating a NovaWorld membership account (“Account”) so that you are aware of your legal rights and obligations with respect to us, our affiliates and subsidiaries.
By opening an Account or using NovaWorld, you signify your irrevocable acceptance of this NovaWorld Terms of Use and the Rules of Conduct, Gameplay Policies and Player Naming Policies set forth below (collectively, this “Terms of Use”). NovaLogic has the right to revise this Terms of Use at any time and shall provide notice of such revisions to its users through the NovaWorld website at https://www.novaworld.com/NWCommunities/Default.aspx, or before such users log onto their Accounts. Your continued use of the Software and/or your Account shall be deemed irrevocable acceptance of those revisions.
Please note that the Site is also subject to NovaLogic’s website terms of use (the “Use of Site Terms”) and you agree to such additional Use of Site Terms when you access the Site. You can review the most current version of the Use of Site Terms by clicking here.
NovaLogic reserves the right to change, modify, suspend or discontinue any portion of NovaWorld at any time. NovaLogic may also impose limits on certain features or restrict your access to parts or all of NovaWorld in its sole discretion and without notice or liability.
As used in this Terms of Use, “Software” means any qualified NovaLogic videogame software product that utilizes aspects of NovaWorld with certain features of such software, and is subject to a separate end user license agreement between you and NovaLogic (an “End User License Agreement”), and any online or enclosed documentation, data distributed to your computer, and any future programming fixes, updates and upgrades provided to you by NovaLogic.
1. SETTING UP YOUR NOVAWORLD ACCOUNT.
NovaWorld provides you the opportunity to play videogames online against other Account members through the Software you have purchased (each, a “Game”). To use NovaWorld, you must open an Account, which will require you to fill out an online form with your email address, keycode for your copy of the software, and your age. As part of the registration process, each user will select a password and user name. You shall provide NovaLogic with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You promise you will not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use a user name that NovaLogic, in its sole discretion, deems inappropriate or offensive; or (iv) otherwise breach any representation, warranty or promise made by you in this Terms of Use regarding your Account. You agree to notify NovaLogic of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using NovaWorld or Software under your user name and password. NovaLogic may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that NovaLogic believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Use or any other policies or guidelines posted by NovaLogic; or (iii) harmful to other users, third parties, or the business interests of NovaLogic. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against NovaLogic, or a claim which in any way involves NovaLogic, then NovaLogic may terminate your Account. Upon termination of your Account by NovaLogic for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) NovaLogic will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account.
You may only use NovaWorld, download the Software and/or open an Account if your applicable jurisdiction allows you to (i) accept this Terms of Use and the End User License Agreement for the Software, and (ii) install and use the Software. If you are at least 13 years old but younger than 18 years old, you must get permission from a parent or legal guardian to open an Account and that parent or legal guardian must agree to this Terms of Use, our Privacy Policy (defined below) and the End User License Agreement for the Software. If you are younger than 13 years old, you are not allowed to create an Account or use NovaWorld. You are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your Account. Neither this Agreement nor your Account entitles you to any subsequent releases of the Software, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
2. LIMITED LICENSE
NovaLogic grant to you a non-exclusive, personal, limited license to access and use NovaWorld subject to the terms and conditions of this Terms of Use, any applicable End User License Agreement and the Use of Site Terms. In addition to all of your other obligations and promises set forth under this Terms of Use, you hereby promise that you will not:
3. USE OF MATERIALS
All materials utilized, transmitted, published, or distributed by NovaLogic through or in conjunction with NovaWorld (including, but not limited to the Software, Games, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, characters, Game elements, Game environments, etc.) (collectively, the “Materials”) are owned or controlled by NovaLogic, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.
Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Use is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited (unless such modifications or derivative works are Mods, as described below), as is the unauthorized use of the Materials on any networked computer environment or other website.
You hereby acknowledge and agree that:
4. PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
NovaLogic retains all Account information pursuant with our ESRB Privacy Online Certified Privacy Policy (the “Privacy Policy”). To read the Privacy Policy, please click here.
5. ACCOUNT NAMES AND NAMING POLICY.
You may not use an account name or identity name that violates anyone's trademarks, publicity rights or other proprietary rights, or this Terms of Use. Please see the Player Naming Policy below for details.
6. USER CONTENT RESPONSIBLITY.
As part of your Account, you can upload content to our servers in various forms, such as in the NovaWorld forums, communications you make in Games, and in chat and similar user-to-user areas. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, Mods (defined below) or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NovaLogic, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available via NovaWorld, Games or the Software. NovaLogic does not control the Content posted via NovaWorld, Games or the Software and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using NovaWorld, Games or the Software, you may be exposed to Content that is offensive, indecent or objectionable and you may be exposing others to Content that others find objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content submitted to NovaLogic including, through NovaWorld, Games or the Software. Notwithstanding anything herein to the contrary, you hereby promise that any Content you submit shall not:
Any time you upload or post Content through NovaWorld, Games or the Software, you automatically grant NovaLogic a non-exclusive, royalty-free, fully paid-up, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the Content posted by you in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the Content in advertising, promotion and publicity for NovaWorld, Games, the Software NovaLogic’s other products and services, in any and all media now known or hereafter devised.
Some Software allows users to create their own Game environments playable through NovaWorld (“Mods”). You hereby agree that any Mods you create shall be deemed the property of NovaLogic. You hereby assign all of your right, title and interest in and to the Mods and NovaLogic shall exclusively own all now known or hereafter existing rights to such Mods for any purpose whatsoever, commercial or otherwise, without any compensation to you and you appoint NovaLogic, its duly authorized officers and its agents, as your attorney-in-fact to execute and file documents and do all other lawfully permitted acts to effectuate the purpose of this paragraph with the same legal force and effect as if executed by you. To the extent that the foregoing assignment is ineffective for any reason, you hereby grant to NovaLogic the exclusive, royalty-free, fully paid-up, irrevocable, perpetual, transferable, worldwide right and license (including the right to sublicense through multiple tiers of sublicensees) to make, reproduce, modify, make derivative works of, use, and sell such Mods and the intellectual property or other proprietary rights incorporated therein and thereto. You further waive all rights of “droit moral” or “moral rights of authors or creators” and/or similar rights or principals of law which you may now or hereafter have in any such Mods. You further agree that you shall (i) only post Mods through NovaWorld at [INCLUDE LINK FOR POSTING MODS HERE], (ii) only play/and or host Games utilizing Mods through NovaWorld, and (iii) not use, publish, distribute, display, transmit or otherwise utilize Mods in violation of these Terms of Use, any End User License Agreement or the Use of Site Terms. We may take any action we deem necessary with respect to Content if we believe it (i) may create liability for us, (ii) may cause us to lose (in whole or in part) the services of our ISPs or other suppliers, or (iii) otherwise violates these Terms of Use, including, without limitation, (a) terminating your Account at any time without further warning, (b) disclosing information to individuals asserting rights under the Digital Millennium Copyright Act, or (c) any other actions required to protect the rights of NovaLogic.
7. THIRD PARTY DISCLOSURE.
We cannot ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information in the good faith belief that we are required to do so by law, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve problems or inquiries relating to fraud, intellectual property infringements, or other activity that is illegal or may expose you or us to legal liability. Furthermore, 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 Games, the Software and any services or software which may in the future be provided by us or on our behalf. While on NovaWorld, you are subject to the terms and conditions, and the NovaLogic Privacy Policy set forth at http://www.novalogic.com/privacy.htm. Solely for the purpose of patching and updating the Software, you hereby grant us permission to (i) upload Software file information from the Software directory and (ii) download Software files to you.
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless NovaLogic, and its parent companies, subsidiaries, affiliates, officers, employees, agents, suppliers or other partners (collectively, the “Indemnified Parties”), at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Use or any policy or guidelines referenced herein, or (ii) use or misuse NovaWorld, Games or the Software.
9. DISCLAIMER OF WARRANTIES.
NOVAWORLD, THE SOFTWARE AND GAMES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY NOVALOGIC OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO NOVAWORLD, THE SOFTWARE AND GAMES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, NOVALOGIC DOES NOT WARRANT THAT NOVAWORLD, THE SOFTWARE, GAMES AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT NOVAWORLD, THE SOFTWARE, GAMES AND/OR THE SERVERS THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF NOVAWORLD, GAMES AND/OR THE SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
10. LIMITATION OF LIABILITY.
IN NO EVENT SHALL NOVALOGIC, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILAITES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR OTHER PARTNERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE NOVAWORLD, THE SOFTWARE OR GAMES, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF NOVALOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH NOVAWORLD, THE SOFTWARE OR GAMES IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SOFTWARE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
11. LINKS TO THIRD PARTY SITES.
The links provided throughout NovaWorld will let you leave NovaWorld. These links are provided as a courtesy only, and the sites they link to are not under the control of NovaLogic in any manner whatsoever. Therefore, NovaLogic is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. NovaLogic is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by NovaLogic of any linked site and/or any of its content therein.
12. TERM
The license for use of NovaWorld or the Software is effective until terminated. This license will terminate as set forth within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by NovaLogic to effect such termination. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17 and the Rules of Conduct, Gameplay Policies and Player Naming Policies of this Terms of Use and shall survive any termination or expiration of the license for the use of NovaWorld or the Software.
13. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
14. EXPORT CONTROL LAW; NOTICE TO U.S. GOVERNMENT USERS
The export and re-export of the Software is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By using NovaWorld or purchasing the Software, you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. All NovaLogic products and publications are commercial in nature. The Software and documentation related to the Software or available through NovaWorld are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
15. SEVERABILITY
If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
16. GENERAL
NovaLogic reserves all rights not expressly granted herein. This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any legal proceeding arising out or relating to this Terms of Use against or relating to NovaLogic or any Indemnified Party under this Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. Your continued use of NovaWorld, and/or the Software shall constitute your acceptance of such revised Terms of Use. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and NovaLogic. The failure of NovaLogic at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. The terms set forth in this Terms of Use and any agreements included or referred to in this Terms of Use constitute the final, complete and exclusive agreement with respect to NovaWorld, Games and the Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
17. NOVALOGIC LOCATION DISCLOSER.
All services hereunder are offered by NovaLogic, Inc., located at 26010 Mureau Road, Calabasas , CA, 91302. Our phone number is (818) 878-0325. Current rates for using certain aspects of NovaWorld and/or Games may be obtained from www.novalogic.com, and such rates are subject to change at any time. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on NovaWorld, please contacts us at: support@novalogic.com. Under California Civil Code Section 1789.3, residents of California who hold an Account are entitled to the following specific consumer rights information: If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through NovaWorld or the Software, you may contact thre Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. 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 interested in learning about these protections, information is available at http://www.lycoszone.com/parentszn.html or other similar sites providing information on such protections.
1.0 RULES OF CONDUCT
THE FOLLOWING ARE THE BASIC RULES OF CONDUCT THAT GOVERN PLAYER INTERACTION AND ACTIVITY WITHIN NOVAWORLD AND IN THE OFFICIAL NOVAWORLD FORUMS. FAILURE TO ACT RESPONSIBLY AND COMPLY WITH THESE RULES OR ANY THE TERMS OF USE MAY RESULT IN THE TERMINATION OF YOUR ACCOUNT WITHOUT ANY REFUND OF ANY KIND. IN ADDITION TO ANY OTHER OBLIGATIONS, RESTRICTIONS AND PROMISES OTHERWISE SET FORTH IN THE NOVAWORLD TERMS OF SERVICE, YOU HEREBY AGREE THAT:
2.0 GAMEPLAY POLICIES - ACTIVITY WITHIN NOVAWORLD
In addition to the general guidelines listed in section 1.0, players are also subject to these supplementary rules while playing on NovaWorld. While by no means an all-inclusive list of the do's and don'ts on NovaWorld, it provides a suitable foundation by which the player can determine what activities are appropriate:
3.0 PLAYER NAMING POLICIES
Player names in NovaWorld should reflect the genre of the game. Original names are desired. We reserve the right to change your on-line persistent player names at any time for any reason. Player names will only be allowed to contain the standard upper and lower case alphabet characters (26 characters, a-z, A-Z), the numeric characters (0 to 9), periods (.), dashes (-), and spaces ( ). Spaces are not observed at the beginning and the end of the name, and multiple spaces inside the name will be converted to a single space character. The name must begin with an alpha or numeric character (a-z, A-Z, or 0-9), and must contain as many or more alphanumeric characters as symbols. Once a name has been taken by somebody else it is unavailable to you. Renaming your player does not remove any stats you may have accrued by that player. The following types of names are unacceptable and are listed in order from the worst to the least offensive:
For examples of unacceptable names Click Here.
© 2005 NovaLogic, Inc. All rights reserved. NovaLogic and NovaWorld are trademarks or registered trademarks of NovaLogic, Inc. in the United States and/or other countries.