EMPIRE & STATE IS ONLY AVAILABLE FOR USERS AGED 13 YEARS OR OLDER.
You agree NOT to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the MMO; (b) modify or attempt to modify or in any way tamper with the MMO, including without limitation modifying or automating the MMO characters and changing, blocking or in any way disrupting any User; © block any advertising in connection with Empire & State; (d) copy or clone the MMO; (e) use profanity in any communications with other Users; (f) stalk, harass or threaten other Users; (g) physically or emotionally harm other Users; (h) commit any illegal action through use of the MMO; (i) sell items or MMO content for valid currency; (j) share and allow others to use Your account; and (k) maintain more than one free account. You are responsible for maintaining the security of your account login and password and for all activity that occurs on your account.
YOU AGREE THAT YOUR USE OF EMPIRE & STATE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. EMPIRE & STATE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND.
NOVEL, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO EMPIRE & STATE AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION.
IF YOU PURCHASED THE MMO, YOUR SOLE REMEDY IS TO REQUEST A REFUND FROM NOVEL, INC. AND NOVEL, INC WILL REFUND THE PURCHASE PRICE FOR EMPIRE & STATE TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVEL, INC. WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO EMPIRE & STATE AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF EMPIRE & STATE.
YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO YOUR USE OF EMPIRE & STATE OR DOWNLOAD OF THE MMO. IN NO EVENT WILL NOVEL, INC. BE RESPONSIBLE FOR ANY SUCH SERVICING, REPAIRS OR CORRECTIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF EMPIRE & STATE AT YOUR OWN DISCRETION AND RISK.
NOVEL, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF EMPIRE & STATE; (B) ANY PRODUCTS OR SERVICES LISTED ON OR PURCHASED THROUGH EMPIRE & STATE; © ANY ACTS, OMISSIONS AND CONDUCT OF ANY USERS, ADVERTISERS AND/OR OTHER PARTIES ON OR THROUGH EMPIRE & STATE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF EMPIRE & STATE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM EMPIRE & STATE; (F) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO USE OF EMPIRE & STATE; (G) ANY ILLEGAL ACTIVITY IN CONNECTION WITH EMPIRE & STATE; AND (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH EMPIRE & STATE.
NOVEL, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT LISTED OR SOLD BY A THIRD PARTY THROUGH EMPIRE & STATE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISEMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVEL, INC. EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE OF EMPIRE & STATE OR THE DEVICES ON WHICH IT IS LOADED, CLAIMS THAT ARE DUE TO NORMAL WEAR, EMPIRE & STATE OR DEVICE MISUSE, ABUSE, MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION, AND NOVEL, INC. MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
NOVEL, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS OR INTERACTIONS BETWEEN YOU AND OTHER USERS OR THIRD-PARTIES. AS WITH USE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Users who have completed the Empire & State Insider Signup and been accepted by Novel, Inc. (Insiders) are required to agree to the following additional terms and conditions that govern all communications between the Insider and Novel, Inc. and the ownership of any such communications as consideration for the privilege of being a Empire & State Insider: You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chatroom postings, ideas, suggestions, concepts, designs, or other material (Material) You submit to any physical Novel, Inc. company address, to any website owned or controlled by Novel, Inc., including but not limited to www.novelincorporated.comand, or www.empireandstate.com, or to any e-mail addresses contained in or on those web sites (each a Novel, Inc. Location) and that You submit in your capacity as an Insider, in Novel, Inc.s sole discretion, shall be the property of Novel, Inc..
When You submit any Material to a Novel, Inc. Location, You acknowledge and agree that You are assigning all intellectual property rights in that Material to Novel, Inc. and that the intellectual property rights to such Material will no longer belong to You. Upon Your assignment of Material to Novel, Inc., Novel, Inc. has the right to use the Material for as long as it wants, in anyway it chooses, including for commercial, promotional, and advertising purposes without any obligation (including any financial obligation) to You now or at any time in the future. You waive and relinquish any rights, including "moral rights," that may exist in the Material to the furthest extent permissible by law and agree not to assert any rights over the Material.
You agree to treat any communication or information you receive from Novel, Inc. or Empire & State that is directed to Insiders as confidential (Confidential Information) and refrain from sharing it with any third parties, including other Users and Novel, Inc. competitors but not including other Insiders. Such Confidential Information may include without limitation, previews of designs or models for the MMO, software, source code and marketing information.
"Confidential Information" means the terms of this Agreement and any information or data that you have received or will receive from Novel in connection with this Agreement concerning the Software, and other matters that are proprietary and are confidential information to that party, including without limitation the unprotected Master Files, and the Alpha Program (including all download versions). You agree that you shall maintain the Confidential Information in strict confidence and shall not disclose the Confidential Information to any third party nor use the Confidential Information for any purpose other than as permitted under this Agreement or as expressly provided in writing by Novel. The nondisclosure obligations set forth in this Section shall not apply to information that is generally available to the public (other than through breach of this Agreement) or was already lawfully in the receiving party's possession at the time of receipt of the information from You. If You do not agree to these Empire & State Insider terms, you must cancel your status as an Insider immediately by sending an email to email@example.com.
Novel, Inc. is not responsible for Your interactions with other Users, including for playing, communicating, networking, any purchase or sale of goods, and any other interactions between You and other Users. All such interactions made using Empire & State should be considered public. As with any web-based interaction, We suggest that You use caution and good judgment. Novel, Inc. bears no liability for any loss or damage incurred as a result of any such interactions. If there is a dispute between You and another User or a third party, Novel, Inc. is under no obligation to become involved. You release Novel, Inc. and its officers, directors, employees, agents and contractors from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature arising out of or in any way related to such disputes or interactions, Empire & State and Novel, Inc..
Empire & State may contain links to third-party websites that are not owned or controlled by Novel, Inc.. All such links are provided solely as a convenience to You. Novel, Inc. has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. Novel, Inc. does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the Empire & State, You expressly relieve Novel, Inc. from any and all liability arising from Your use of any third-party website.
Novel, Inc. has the exclusive right to market, offer, sell and place advertisements and/or other promotional content or materials (Advertisements) on or in connection with Empire & State for its sole benefit. You will not and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on or in connection with Empire & State.
Deactivation. You may deactivate Your Empire & State account at any time, for any reason, by following the instructions on the website www.empireandstate.com, or emailing firstname.lastname@example.org.
Modification. Novel, Inc. may at any time modify the MMO, any characters in the MMO or physical characteristics of the MMO at any time and without notice to You.
Novel, Inc. respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act (DMCA), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent the following information:
Novel, Inc.'s designated Copyright Agent to receive notifications of claimed infringement is:
8383 158th Ave NE
Redmond, WA 98052-5135
You acknowledge that if You fail to comply with all of the requirements of this Section 5(D), Your DMCA notice may not be valid.
We may give notice to Our Users of any infringement notice by means of a general notice on any of Our websites, electronic mail to a User's e-mail address in Our records, or by written communication sent by first-class mail to a User's physical address in Our records. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:
You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.