NIOGA Usage Agreement
YOU SHOULD CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE NIOGA WEB SITE, GAME(S) AND SERVICES. THE TERMS AND CONDITIONS BELOW REPRESENT THE COMPLETE AGREEMENT BETWEEN YOU AND NIOGA REGARDING YOUR USE OF THE WEBSITE, GAME(S) AND SERVICES. YOUR USAGE OF THE WEBSITE, GAMES OR SERVICES INDICATES YOUR ACCEPTANCE OF THE TERMS BELOW. IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING, YOU SHOULD EXIT THE WEBSITE AND REFRAIN FROM USING THE SERVICES OR PLAYING THE GAME(S).
1. General Description of Services
NIOGA, Inc. ("NIOGA") agrees to provide you ("User") access to the use of the NIOGA Online Games and those electronic bulletin boards, chat areas, software and graphics libraries, games and other computer services which NIOGA may occasionally offer (collectively, referred to herein as "Services"), under and subject to the terms and conditions stated herein. User is responsible for obtaining the equipment, Internet service provider, software and telephone services which are necessary for accessing and using the aforementioned Services.
The term of this agreement shall commence upon User's registration for the Services and shall continue on a month-to-month basis until terminated by either party. User agrees that if the Service is terminated, for any reason, NIOGA has the right to delete all data, files or other information that is stored in User's account.
3. Entire Agreement; Amendments
This agreement (the "Agreement") comprises the entire agreement between NIOGA and User, and supersedes any prior agreements between User and NIOGA with respect to the subject matter hereof. NIOGA may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the NIOGA or Sanctum web site (the "Web Site"). If any revision is unacceptable to User, this Agreement may be terminated by User as provided in Section 9 hereof. Continued use of the Services following posting of the revised Agreement shall be deemed to be acceptance of all such revisions.
4. Account Information
User agrees to provide NIOGA with valid, complete and updated (as applicable) registration information. Failure to do so will constitute a breach of this Agreement, and any subsequent access to Services by User will be considered invalid and unauthorized. When registering for any Service, User will select a password (the "Password"). User shall be solely responsible for maintaining the confidentiality of the Password and shall be liable for any damages resulting from disclosing or allowing disclosure of such Password or from the use, authorized or unauthorized, by any person of such Password to gain access to User's account.
In connection with the registration process, NIOGA asks for User's name, address, system, and other personal information. NIOGA may also ask for such information in connection with any contests, promotions or other events that may be offered. NIOGA's primary goal in collecting this information is to help NIOGA provide Users with the best possible gaming environment that is tailored to the NIOGA user base. A secondary goal for collecting this information is to provide security with respect to the NIOGA website, its games and its content. By proceeding with the registration process, the User is explicitly agreeing that NIOGA may collect personal information and use it for the purposes stated above.
Current rates and charges for using the Services may be obtained by accessing the appropriate section of the Website. NIOGA may change its fees and billing methods at any time and at its sole discretion effective upon thirty (30) days' prior notice, which notice shall be posted in the appropriate section of the Website. If any such change is unacceptable to User, User may terminate his/her NIOGA account as provided in Section 9 hereof. User's continued use of the Services following any posted billing change shall be deemed acceptance of such change.
6. Disclaimer of Warranties
NIOGA hereby disclaims any and all warranties relating to connection to, transmission over, or results or use of, any network connection or facilities provided (or the failure of such to be provided) through the Services. User is solely responsible for obtaining his/her own computer transmission network needs, and obtaining suitable service from a third party to fulfill such needs. USER EXPRESSLY AGREES THAT USE OF THE SERVICES, ALL SOFTWARE DISTRIBUTED BY NIOGA AND THE INTERNET ARE AT USER'S SOLE RISK. THE SERVICES AND ANY SOFTWARE DISTRIBUTED BY OR MADE AVAILABLE BY NIOGA ARE PROVIDED ON AN "AS IS" BASIS. NIOGA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SERVICES. NIOGA ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE CONDUCT OR NEGLIGENCE OF NIOGA, ITS LICENSORS AND SUBCONTRACTORS, OR USER'S OWN ERRORS AND/OR OMISSIONS.
7. Limitation of Liability
USER ACKNOWLEDGES THAT NIOGA SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY NIOGA OR ITS CUSTOMERS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. NIOGA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY NIOGA. NIOGA'S ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL SOFTWARE DEVELOPED BY OR FOR NIOGA SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. NIOGA'S LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER TO ACCESS AND USE THE SERVICES. IN STATES WHICH DO NOT ALLOW AN EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, NIOGA'S LIABLITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
User agrees to indemnify and hold harmless NIOGA from all liabilities, damages, costs and expenses, including, without limitation, attorneys' fees, arising from or related to any breach of this Agreement by User, or in connection with transmissions by or through User's Service account. NIOGA reserves the right, at User's expense, to assume the exclusive defense and control of any matter subject to indemnification by User hereunder, and in such event, User shall have the obligation to provide indemnification for such matter and reimbursement of all reasonable attorneys' fees incurred by NIOGA in defending such claim.
Either User or NIOGA may terminate User's subscription to the Services at any time. User's sole and exclusive recourse with respect to dissatisfaction with any: (a) Agreement term, policy or practice of NIOGA in operating the Services, (b) Content available through the Services or change therein, or (c) Amount or type of fees or billing methods or a change therein, shall be termination of User's subscription to the Services by notifying NIOGA of User's desire to so terminate and by confirming such request in writing or electronically if requested to do so by NIOGA. User's notice of termination will be effective upon receipt by NIOGA or upon receipt of User's written confirmation by NIOGA if confirmation is so requested. If User's Services account is terminated or canceled, no refund of any fees, including monthly membership fees (*), will be granted to User, and any online time credited to User's account shall not be convertible to cash or other form of credit.
This Agreement is not assignable by User. It is governed by the law of State of Washington, excluding any conflict-of-laws rules. Each party waives the right to a jury trial in any lawsuit or action based upon or arising out of this Agreement. This Agreement contains the complete and exclusive understanding of the parties with respect to the subject matter hereof. No waiver, alteration, or modification of any of the provisions hereof will be binding unless made in accordance with the provisions of Section 3 hereof., or unless expressly agreed to in a writing signed by both parties. User may not use, copy, modify, sublicense, rent, sell, assign or transfer rights and privileges granted pursuant to this Agreement, or the Services, except as expressly provided in this Agreement. Any assignment in violation of this Agreement shall be void.(**) If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability; (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The paragraph headings contained in this Agreement are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. NIOGA's failure to enforce, at any time, any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each and every such provision thereafter. The express waiver by NIOGA of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of NIOGA shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of NIOGA.
11. Unacceptable Conduct
11.1 User may not engage in any conduct or communication while using the Services which is unlawful or which restricts or inhibits any other User from using or enjoying the Services. User agrees to use the Services only for lawful purposes. NIOGA reserves the right to terminate User's membership if it determines, in its sole discretion, that User has engaged in unacceptable conduct. The list of prohibited conduct set forth in Section 11.2 below provides examples of unacceptable conduct, which list is not exhaustive, and NIOGA reserves the right, but not the responsibility, to restrict conduct which NIOGA deems, in its sole discretion, to be harmful to individual members, damaging to the Services, or in violation of NIOGA' or any third party's rights. NIOGA may prohibit or delete conduct, communication or content transmitted on NIOGA services that is deemed to be in violation of applicable laws or is harmful to other members, the NIOGA service community or the rights of NIOGA in general. User acknowledges, however, that communication over the Services often occurs in real-time and NIOGA cannot, and does not intend to, screen communication in advance.
11.2 USER MAY NOT USE THE SERVICES TO:
1. Harass, threaten or embarrass another User of the Services or to cause distress, unwanted attention or discomfort of such User, or any other person or entity. NIOGA does not condone harassment in any form and may suspend or terminate the account of any User who harasses others. Personal attacks, such as those based on a person's race, national origin, ethnicity, religion, gender, lifestyle choice, disablement or other such affiliation, are strictly prohibited;
2. Post or transmit sexually explicit images, or point to or reference such images;
3. Transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content. If User engages in vulgar or abusive language online, even if masked by symbols or other characters, or engages in other impermissible behavior, User may receive a warning, or be temporarily or permanently excluded from one or more games, bulletin boards, chat areas, or User's membership may be terminated immediately and User may be subject to civil liability and/or prosecution by law enforcement authorities;
4. Scroll or carry out any action with a similar disruptive effect. "Scrolling" is defined as repeatedly causing the screen to roll faster than Users are able to type onto it;
5. Impersonate any person, including, but not limited to, NIOGA's employees, monitors or hosts. User shall not hold himself or herself out or portray himself or herself as a NIOGA staff member or employee while engaging in all forms of online communication, including, but not limited to, member names, member profiles, voice, text or graphic chat, message postings or any form of communication on line. Impersonation of NIOGA staff shall be grounds for immediate account termination;
6. Engage in "disruptive behavior" in chat areas, game areas, bulletin boards, or any other area of the Services. Disruptive behavior shall be deemed to include, but will not be limited to, conduct which purposefully interferes with the normal flow of dialogue in a Service area. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements;
7. Post or transmit chain letters or pyramid marketing schemes. This type of material places an unnecessary load on the Services and is considered a nuisance by many members. Certain types of chain letters and pyramid schemes are also illegal. Such prohibited conduct includes, but is not limited to, the transmission of letters or messages which offer a product or service and which are based on the structure of a chain letter;
8. Post or transmit unsolicited advertising, promotional materials, or other forms of solicitation;
9. Collect or "harvest" other NIOGA user names without the express permission of those users. NIOGA reserves the right to block and/or filter mass email solicitations on or through the Services;
10. Violate any rules of User's Internet service provider;
11. Violate, intentionally or unintentionally, any applicable local, state, national or international law or regulation;
12. Gamble in connection with the Services, the Website or the games or encourage others to do so.
13. Cheat in games or otherwise fraudulently manipulate statistics associated with a player account. This includes but is not limited to intentionally disconnecting from a game to deny an opponent a win, conceding or drawing games in order to manipulate the rating system or completion percentages, delaying or "stonewalling" a game or offering repeated draws to harass or annoy an opponent, misrepresenting or denying the existence or identity of other owned accounts, harassing or embarassing a player into conceding a game, playing ranked games with accounts owned by the same individual or attempting to circumvent restrictions placed on the account, such as Banishment or exploit a bug and failing to report it to NIOGA. While a player is not required to do so, conceding a game following an unintentional disconnection is not considered cheating providing it happens immediately following the game and involves the same two accounts that were playing.
11.3 Use of Automated Trading Tools:
User acknowledges that NIOGA has made a trading site available that is useable via a web browser. This trading site can also be used through the use of third-party applications developed outside of NIOGA. These tools and the user must agree to the following items:
Any or all of the above, at the sole discretion of NIOGA, may result in baniushment or permanent loss of your account. NIOGA does have a method available to third-party developers that simplfies the action of requesting trade data. Please email firstname.lastname@example.org for more information.
- Only trades which can be made through the web site are permitted. The creation of trades that insert unavailable cards is forbidden.
- A tool may not cause to happen, or make, more than 200 requests in any 10 minute period.
- NIOGA reserves the right to alter the trade site at any time. It is up to the user and creator of these tools to keep them compliant.
12. Copyright Rules and Regulations
User acknowledges that NIOGA permits access to content that is protected by copyright, trademark, and other intellectual and proprietary rights. User also acknowledges that such rights are valid and protected in all media and technologies existing now or later developed, and unless expressly provided otherwise, this Agreement and any applicable copyright laws govern User's use of the content of the Services.
(*) No membership fees are presently being charged by NIOGA.
(**) User may not sell, trade, or share accounts or account information with anyone else. While the sale of cards from an account is not against the UA, any transfer of the account itself or of access to it is expressly forbidden.