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Nether Productions, LLC
END USER LICENSE AGREEMENT
Nether Productions, LLC (“Nether”) makes the applicable product (“Game”) available to you subject to these terms and conditions (“Agreement”). This Agreement governs your use of the Game and any updates that replace or supplement the Game that are not distributed with a separate license.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ALL OR ANY PORTION OF THE GAME OR ANY SOFTWARE OR COMPONENTS THEREIN YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, NETHER’S https://www.playnether.com/#modal-pp (“PRIVACY POLICY”), NETHER’S https://www.playnether.com/#modal-tos (“TERMS OF SERVICE”), AND AGREE TO BE BOUND ACCORDINGLY.
BY USING OR ACCESSING ANY PORTION OF THE GAME OR ANY SOFTWARE OR COMPONENTS THEREIN, YOU ALSO ACCEPT THE TERMS OF THE MBER TERMS OF SERVICE, FOUND [HERE], AND THE MBER PRIVACY POLICY, FOUND [HERE]. THIS AGREEMENT AND NETHER’S TERMS OF SERVICE AND PRIVACY POLICY ARE SUBORDINATE TO THE MBER TERMS OF SERVICE AND PRIVACY POLICY.
IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS AND/OR CONDITIONS, OR ANY TERMS OR CONDITIONS OF NETHER’S PRIVACY POLICY OR TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE GAME.
NOTICE: THE GAME MAY CONTAIN THE ABILITY FOR A USER TO MAKE PURCHASES WITHIN THE GAME.
1. Subject to the terms and conditions of this Agreement, Nether grants you a personal, limited, non-exclusive license to install and use the Game for your non-commercial use on authorized devices solely as set forth in this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Game or rights to use the Game. The term of your license shall commence on the date that you install or otherwise use the Game. For clarity, rights to the Game are licensed, and not sold, to you for your use only in accordance with the terms and conditions of this Agreement.
2. Your right to use the Game is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Game or any component of it, except as expressly authorized by Nether. Unless expressly authorized by Nether, you are prohibited from making a copy of the Game available on a network where it could be used or downloaded by multiple users.
3. Except as expressly licensed to you herein, Nether reserves all right, title and interest in the Game and all associated copyrights, trademarks, and other intellectual property rights. The structure, organization and code of the Game are the valuable trade secrets and confidential information of Nether. The Game is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect Nether’s copyright and other ownership interests in all items in the Game. You may not decompile, disassemble, or reverse engineer the Game, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure Nether’s trademarks or logos, legal notices, or any product identification, copyright, or other intellectual property notices in the Game or related assets.
4. You agree that the Game may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that Nether may have to support the previous version of the Game may end upon the Game becoming available inclusive of the update, upgrade or implementation of additional features.
5. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any intellectual property interest of any kind, you hereby, without limitation, irrevocably assign to Nether exclusively, perpetually and throughout the universe, any and all right, title and interest in and to your contributions, including without limitation all copyrights, trade secret rights, trademark rights, trade name rights, author’s rights, moral rights and patent rights, including without limitation the right to secure all applications and registrations with respect thereto, and all renewals and extensions thereof free and clear of any and all rights and claims by you or any third party. For purposes of clarity, such assignment includes the right to use, perform, exhibit and/or exploit such contributions in perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised. In the event that any of the rights or materials assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned and, until that time, or in the event such rights or materials cannot be assigned, then you hereby grant to Nether an irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicenseable, perpetual license to use your contributions in any media, whether now known or hereafter devised, throughout the universe. You also waive any rights of attribution, integrity or any other moral rights or rights of droit moral arising out of or related to your contributions. You acknowledge that your ability to access and use the Game in accordance with the terms and conditions of this Agreement is sufficient consideration for the rights assigned or granted pursuant to this Agreement and such grant or assignment may not be challenged or reversed based on a lack of or insufficient consideration.
6. This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. Either party may terminate this Agreement for any reason at any time in accordance with Notice provisions below. You agree, upon termination, to immediately destroy all copies of the Game within your possession or control and, promptly upon Nether’s request, certify to Nether that you have done so. Paragraphs 2, 3, 4, 6, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Agreement shall survive any termination or expiration of this Agreement.
7. Nether reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, for any reason. Nether will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Game. Your continued use of the Game following any notice of changes or revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes or revisions.
8. In accordance with provisions in this Agreement requiring that Nether give notice to you, Nether will do so by means of a general notice on its website, email to your email address on record in your account (if you have created an account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created an account), the choice of which being at Nether’s discretion. Any provisions in this Agreement requiring that you give notice to Nether can be done so by means of email to: support@nether.com or by first class mail, postage prepaid, or overnight courier to:
Nether Productions, LLC
c/o Harvard Business Services
16192 Coastal Highway
Lewes, DE 19958
9. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE GAME IS PROVIDED "AS IS.” NEITHER NETHER, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE GAME OR ANY NETHER PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE GAME WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NETHER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. NETHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE GAME.
10. NEITHER NETHER, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF NETHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY; (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY NETHER OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE GAME; OR (E) INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL NETHER, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAME, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, NETHER’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
11. You agree that the terms of this Agreement that limit liability and disclaim warranties are material and essential terms of this Agreement and that Nether would not grant you the rights granted in this Agreement without your agreement to so limit liability and disclaim warranties.
12. YOU ARE SOLELY RESPONSIBLE FOR ANY FEES OR COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE GAME. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Game. Any and all fees or costs that you may incur in connection with accessing and/or using the Game or otherwise in connection with this Agreement, including, among others, those related to an Internet connection, Internet service provider fees, the cost of any hardware or software, wireless charges, data charges, messaging charges or any fee or cost charged by or incurred in connection with any third party are your sole responsibility (and, for clarity are not the responsibility, for any reason whatsoever, of Nether or any other individual or entity). Please check with your Internet service provider and/or wireless carrier to determine if any fees or costs related to your access and/or use of the Game may apply. Nether does not guarantee that this Game can be accessed on all devices or wireless service plans. Nether does not guarantee that this Game is available in all geographic areas.
13. You agree to defend, indemnify and hold harmless Nether, and any of its directors, officers, employees, affiliates or agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), arising from your breach of this Agreement.
14. The Game is subject to United States export controls. No software from the Game may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Game, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved in accordance with the dispute resolution provisions in Section 8 of the Nether’s Terms of Service, including the provisions regarding governing law.
16. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
17. This Agreement, together with the Terms of Service, Privacy Policy, and any policies or terms published by Nether under the Terms of Service or Privacy Policy, constitutes the entire understanding and agreement between you and Nether with respect to the Game, and supersedes all prior or contemporaneous written or oral communications, understandings and agreements. Any waiver of any term or condition of this Agreement must be in writing to be effective. If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law. Either party’s failure to act with respect to any provision of this Agreement or any breach of this Agreement does not waive the other party’s right to act with respect to any other provision or any subsequent or similar breaches, or pursue any remedy available to such party whether under this Agreement or applicable law.
If you have any questions about this Agreement, or if you want to contact Nether for any reason, please direct all correspondence to support@nether.com.
© 2013 Nether Productions, LLC. All rights reserved. NETHER and PREY OR PRAY are trademarks or registered trademarks of Nether Productions, LLC in the U.S. and other territories.
Last updated: September 30, 2013
END USER LICENSE AGREEMENT
Nether Productions, LLC (“Nether”) makes the applicable product (“Game”) available to you subject to these terms and conditions (“Agreement”). This Agreement governs your use of the Game and any updates that replace or supplement the Game that are not distributed with a separate license.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ALL OR ANY PORTION OF THE GAME OR ANY SOFTWARE OR COMPONENTS THEREIN YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, NETHER’S https://www.playnether.com/#modal-pp (“PRIVACY POLICY”), NETHER’S https://www.playnether.com/#modal-tos (“TERMS OF SERVICE”), AND AGREE TO BE BOUND ACCORDINGLY.
BY USING OR ACCESSING ANY PORTION OF THE GAME OR ANY SOFTWARE OR COMPONENTS THEREIN, YOU ALSO ACCEPT THE TERMS OF THE MBER TERMS OF SERVICE, FOUND [HERE], AND THE MBER PRIVACY POLICY, FOUND [HERE]. THIS AGREEMENT AND NETHER’S TERMS OF SERVICE AND PRIVACY POLICY ARE SUBORDINATE TO THE MBER TERMS OF SERVICE AND PRIVACY POLICY.
IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS AND/OR CONDITIONS, OR ANY TERMS OR CONDITIONS OF NETHER’S PRIVACY POLICY OR TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE GAME.
NOTICE: THE GAME MAY CONTAIN THE ABILITY FOR A USER TO MAKE PURCHASES WITHIN THE GAME.
1. Subject to the terms and conditions of this Agreement, Nether grants you a personal, limited, non-exclusive license to install and use the Game for your non-commercial use on authorized devices solely as set forth in this Agreement. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Game or rights to use the Game. The term of your license shall commence on the date that you install or otherwise use the Game. For clarity, rights to the Game are licensed, and not sold, to you for your use only in accordance with the terms and conditions of this Agreement.
2. Your right to use the Game is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Game or any component of it, except as expressly authorized by Nether. Unless expressly authorized by Nether, you are prohibited from making a copy of the Game available on a network where it could be used or downloaded by multiple users.
3. Except as expressly licensed to you herein, Nether reserves all right, title and interest in the Game and all associated copyrights, trademarks, and other intellectual property rights. The structure, organization and code of the Game are the valuable trade secrets and confidential information of Nether. The Game is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect Nether’s copyright and other ownership interests in all items in the Game. You may not decompile, disassemble, or reverse engineer the Game, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure Nether’s trademarks or logos, legal notices, or any product identification, copyright, or other intellectual property notices in the Game or related assets.
4. You agree that the Game may automatically download and install updates, upgrades and additional features. In the case of any such updates, upgrades and/or additional features, any obligation that Nether may have to support the previous version of the Game may end upon the Game becoming available inclusive of the update, upgrade or implementation of additional features.
5. In exchange for use of the Game, and to the extent that your contributions through use of the Game give rise to any intellectual property interest of any kind, you hereby, without limitation, irrevocably assign to Nether exclusively, perpetually and throughout the universe, any and all right, title and interest in and to your contributions, including without limitation all copyrights, trade secret rights, trademark rights, trade name rights, author’s rights, moral rights and patent rights, including without limitation the right to secure all applications and registrations with respect thereto, and all renewals and extensions thereof free and clear of any and all rights and claims by you or any third party. For purposes of clarity, such assignment includes the right to use, perform, exhibit and/or exploit such contributions in perpetuity throughout the universe and in any manner, method, means, platform, device or media, whether now known or hereafter devised. In the event that any of the rights or materials assigned herein cannot presently be assigned under applicable law, you agree to assign such rights at such time as the rights are capable of being assigned and, until that time, or in the event such rights or materials cannot be assigned, then you hereby grant to Nether an irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicenseable, perpetual license to use your contributions in any media, whether now known or hereafter devised, throughout the universe. You also waive any rights of attribution, integrity or any other moral rights or rights of droit moral arising out of or related to your contributions. You acknowledge that your ability to access and use the Game in accordance with the terms and conditions of this Agreement is sufficient consideration for the rights assigned or granted pursuant to this Agreement and such grant or assignment may not be challenged or reversed based on a lack of or insufficient consideration.
6. This Agreement shall continue as long as you are in compliance with the terms specified herein or until otherwise terminated. Either party may terminate this Agreement for any reason at any time in accordance with Notice provisions below. You agree, upon termination, to immediately destroy all copies of the Game within your possession or control and, promptly upon Nether’s request, certify to Nether that you have done so. Paragraphs 2, 3, 4, 6, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Agreement shall survive any termination or expiration of this Agreement.
7. Nether reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, for any reason. Nether will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Game. Your continued use of the Game following any notice of changes or revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes or revisions.
8. In accordance with provisions in this Agreement requiring that Nether give notice to you, Nether will do so by means of a general notice on its website, email to your email address on record in your account (if you have created an account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created an account), the choice of which being at Nether’s discretion. Any provisions in this Agreement requiring that you give notice to Nether can be done so by means of email to: support@nether.com or by first class mail, postage prepaid, or overnight courier to:
Nether Productions, LLC
c/o Harvard Business Services
16192 Coastal Highway
Lewes, DE 19958
9. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE GAME IS PROVIDED "AS IS.” NEITHER NETHER, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE GAME OR ANY NETHER PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE GAME WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NETHER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. NETHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE GAME.
10. NEITHER NETHER, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAME, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF NETHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY; (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY NETHER OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE GAME; OR (E) INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL NETHER, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE GAME, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, NETHER’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
11. You agree that the terms of this Agreement that limit liability and disclaim warranties are material and essential terms of this Agreement and that Nether would not grant you the rights granted in this Agreement without your agreement to so limit liability and disclaim warranties.
12. YOU ARE SOLELY RESPONSIBLE FOR ANY FEES OR COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE GAME. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Game. Any and all fees or costs that you may incur in connection with accessing and/or using the Game or otherwise in connection with this Agreement, including, among others, those related to an Internet connection, Internet service provider fees, the cost of any hardware or software, wireless charges, data charges, messaging charges or any fee or cost charged by or incurred in connection with any third party are your sole responsibility (and, for clarity are not the responsibility, for any reason whatsoever, of Nether or any other individual or entity). Please check with your Internet service provider and/or wireless carrier to determine if any fees or costs related to your access and/or use of the Game may apply. Nether does not guarantee that this Game can be accessed on all devices or wireless service plans. Nether does not guarantee that this Game is available in all geographic areas.
13. You agree to defend, indemnify and hold harmless Nether, and any of its directors, officers, employees, affiliates or agents, from and against any and all claims, losses, damages, liabilities and other expenses (including reasonable attorneys’ fees), arising from your breach of this Agreement.
14. The Game is subject to United States export controls. No software from the Game may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Game, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved in accordance with the dispute resolution provisions in Section 8 of the Nether’s Terms of Service, including the provisions regarding governing law.
16. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
17. This Agreement, together with the Terms of Service, Privacy Policy, and any policies or terms published by Nether under the Terms of Service or Privacy Policy, constitutes the entire understanding and agreement between you and Nether with respect to the Game, and supersedes all prior or contemporaneous written or oral communications, understandings and agreements. Any waiver of any term or condition of this Agreement must be in writing to be effective. If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law. Either party’s failure to act with respect to any provision of this Agreement or any breach of this Agreement does not waive the other party’s right to act with respect to any other provision or any subsequent or similar breaches, or pursue any remedy available to such party whether under this Agreement or applicable law.
If you have any questions about this Agreement, or if you want to contact Nether for any reason, please direct all correspondence to support@nether.com.
© 2013 Nether Productions, LLC. All rights reserved. NETHER and PREY OR PRAY are trademarks or registered trademarks of Nether Productions, LLC in the U.S. and other territories.
Last updated: September 30, 2013