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Terms and Conditions
Blox BETA LICENSE AND SOFTWARE AGREEMENT Last modified: February 22, 2012 YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE Blox BETA SOFTWARE. NerfGames, LTD. ("NERFGAMES") IS ONLY WILLING TO PROVIDE ACCESS TO THIS BETA TO YOU UNDER THESE TERMS AND CONDITIONS. ANY USE OF THE SOFTWARE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED. Pre-Release License and Software Agreement for the Blox Beta this "Agreement" lays out the specific terms for the Blox beta application made available through NerfGames, as defined below. By accepting this Agreement, you further confirm Your acceptance of the TOS and Privacy Statement (the "Agreements"), and understand that all terms in such Agreements shall apply also to this. This is an agreement between you and NerfGames (located at CIB 118, Nottingham Trent Clifton Campus, Clifton Lane, Nottingham, NG11 8NS) regarding your use of the pre-release beta version of the Blox beta application and any associated documentation, software code or other materials made available by NerfGame. NerfGames shall have sole authority and discretion to determine the period of time for testing and evaluation of Blox beta. NerfGames shall be the sole judge of the success of such testing and the decision, if any, to offer the application as a commercial product. Participation in this Beta does not entitle you access to the full product upon release without prior purchase. By installing, accessing or otherwise using Blox beta, you accept the terms of this agreement. If you do not agree to the terms of this agreement, do not install, access or use Blox beta. If you comply with this agreement, you have the rights below. 1. Use of The Blox Beta Under the terms of this agreement, NerfGames allows you to access and use Blox beta for the purpose of bug detection as well as participation in the "Blox beta Tournament" run during the Blox beta period. As part of the beta period, NerfGames will require that you create a forum account in order to participate in any discussion and to aid in submitting feedback. You must protect any passwords or other credentials associated with your account(s) and take full responsibility for any use of the account(s) under your password. In consideration of your use of Blox beta, you agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the Beta Registration Process; b) maintain and promptly update your Beta Registration data to keep it true, accurate, current, and complete; c) Provide on request quantity of fresh bacon (to be determined at time of request) to the aforementioned NerfGames address. If you provide any information that is untrue, inaccurate, not current, incomplete, or fail to provide Bacon within a reasonable timescale (5-7 business days), or if NerfGames has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, NerfGames has the right cancel your beta participation. 2. Source Code You are not permitted access the source code for either Blox beta or the NerfCore. Any specific errors should be reported to NerfGames directly. Accessing the source code without specific permission invalidates your access to the beta and your account. If access is given to the source specifically then you may only use it personally and not share or copy the aforementioned code. 3. Scope of License Blox beta is licensed, not sold. This agreement only gives you some rights to access and use Blox beta. NerfGames reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use Blox beta only as expressly permitted in this agreement. You may not: allow, authorize, or permit connection to or us of Blox beta by daemons, bots, or other form of robotic software or automated processes; reverse engineer, decompile or disassemble Blox beta , except and only to the extent that applicable law expressly permits, despite this limitation; or rent, lease, sublicense, or lend Blox beta or any of its components. 4. User Data; Personal Information and Privacy Blox beta registration collects user generated data, both personal and game related ("User Data"). You must comply with all privacy laws or regulations passed at any time by any government having jurisdiction over you, and you must maintain for Your Applications a privacy policy that complies with such laws. Such privacy policy must include (a) a full, accurate, and clear disclosure regarding the placement, use, and reading of usage data, and Your collection and use of data in relation to activity by users of Your Applications; (b) Your use of NerfGames (and others, if applicable) for analytics or advertising services for Your Application. NerfGames reserves the right to display your given "Username" and any ingame score collected and submitted to NerfGames for display. NerfGames reserves the right to retain this information and contact you in the future regarding other products and test phases. NerfGames also reserves the right to publish or average such information in combination with information collected from others' use of Blox beta except that NerfGames will not disclose to any third parties any User Data collected by the Blox beta from Your Applications in a manner that (i) contains or reveals any personally-identifiable information or (ii) is specifically attributable to you, Your Application, or Your Customers. NerfGames will never publish or share your real name or personally-identifiable credentials without your express written permission. Personal information you provide to NerfGames through the Blox beta or the NerfGames forums is governed by applicable laws related to personal information. Your election to use Blox beta indicates your acceptance of these terms. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify NerfGames immediately of any unauthorized account use at support@nerfgames.co.uk. NerfGames is in no way responsible for any loss or damages to you or to any third party incurred as a result of any unauthorized access and/or use of your Beta Member Account, or otherwise. 6. Pre-Release Service Blox beta is a pre-release version of Blox. It may not work the way a final version of Blox will. NerfGames may change it for the final, commercial version. NerfGames also may not release a commercial version. 7. Support NerfGames is not obligated to provide support on any issues relating to Blox beta nor is NerfGames liable for any software or hardware issues raised by downloading, installing or accessing Blox beta. However, should support be offered it will be via the NerfGames forums unless privately agreed between you and NerfGames. 8. Feedback You have the ability to give feedback about Blox beta to NerfGames. You grant to NerfGames, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also grant to third parties, without charge, any patent rights necessary for their products, technologies and services to use or interface with any specific parts of a NerfGames software or service that incorporates your feedback. You will not give feedback that is subject to a license that requires NerfGames to license its software or documentation to third parties because NerfGames includes your feedback in our software or documentation. These rights survive this agreement. 10. Termination NerfGames reserves the right to discontinue offering the Blox beta or to modify the Blox beta client at any time in its sole discretion. If you are dissatisfied with any aspect of the Blox beta at any time, your sole and exclusive remedy is to cease using it. Notwithstanding anything contained in the agreement to the contrary, NerfGames may also, in its sole discretion, terminate or suspend access to the Blox beta to you at any time. You acknowledge that termination and/or monetary damages may not be a sufficient remedy if you breach this agreement and that NerfGames will be entitled, without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach. Upon the expiration or any termination of this Agreement, you must cease using the Blox beta. This Section and Sections 2 (but only with regard to your obligation to provide indemnification for claims occurring prior to termination), 4 (but only with regard to User Information collected prior to termination), 8 and 13-16 survive termination of this agreement or any discontinuation of Blox beta. 11. Modifications; Notices If we change this agreement, then we will give you notice before the change is in force. If you do not agree to these changes, then you must cancel and stop using the Blox beta before the changes are in force. If you do not stop using Blox beta, then your use of Blox beta will continue under the changed agreement. NerfGames may give notices to you, at NerfGames option, in writing or by electronic mail to any e-mail address provided by you to NerfGames. 12. Indemnification You agree to indemnify and hold harmless NerfGames, LTD, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Blox Beta in violation of another party's rights, in violation of any law, in violations of any terms of these Terms of Service, or other claim related to your use of the Blox beta. 13 Applicable Law If you acquired the Blox beta in any country, the laws of that country apply. 14. Legal Effect This agreement describes certain legal rights. You may have other rights under the laws of Your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 15. Disclaimer of Warranty The Blox Beta is supplied "as-is." You bear the risk of using it. NerfGames gives no express or implied warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, NerfGames excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 16. Limitation on and Exclusion of Remedies and Damages. You cannot recover any damages, including consequential, lost profits, special, indirect or incidental damages from NerfGames relating to use of the Blox beta. It also applies even if NerfGames knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Regarding to this if you do manage to in some way cause any form of damage to your computer or self without malicious intent by simply downloading and installing the Blox beta, we shall be impressed. 17. Trademark All rights are reserved to NerfGames,LTD.
I agree AND am 13 years of age or older
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