TERMS OF USE



Roboblitz.com Terms of Use
Last Updated: 03/15/2006
Welcome to www.roboblitz.com (the “Site”). Please read the following Terms of Use carefully before using this Site or downloading the Software (as defined below), so that you are aware of your legal rights and obligations with respect to Naked Sky Entertainment, Inc. and its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “NSE”).

By using this Site or using the Software, you signify your irrevocable acceptance of this Terms of Use.  NSE has the right to revise this Terms of Use at any time without providing notice to its users.  Your continued use of this Site or the Software shall be deemed irrevocable acceptance of those revisions.
NSE reserves the right to change, modify, suspend or discontinue any portion of this Site at any time. NSE may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability.
As used in this Terms of Use, the term, “Software,” includes:

  • the video game and computer game software owned or controlled by NSE and made available for download through the Site,
  • any other software owned or controlled by NSE which has been downloaded and installed on your computer, and
  • any online or enclosed documentation or data, or other related materials (whether arising from the Software or otherwise provided by NSE) distributed to your computer and any future programming fixes, updates and upgrades provided to you by NSE.

1.  Limited License
NSE grants you a limited license to access and use the Site subject to the terms and conditions of this Terms of Use.  However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content).

You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, NSE’s trademarks, logos or other proprietary information (including any Materials (defined below)), the content of any text, or the layout and design of any page (or form contained on a page) without NSE’s express written consent. Further, you may not use any circumvention tools, meta tags or any other “hidden text” utilizing a NSE name, trademark, URL, or product name without NSE’s express written consent.

When you begin installation of the Software, you will be provided an End User License Agreement.  If you accept the End User License Agreement, you will be granted a limited license to install and use the Software subject to its terms and conditions.  Use of the Software is subject to this Terms of Use and the End User License Agreement.

2.  Use of Materials
All materials transmitted or published by NSE on this Site (including, but not limited to the Software, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, video and audio clips, etc.), but excluding Content posted by users in our forums (collectively, the “Materials”), are owned or controlled by NSE, 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, as is the unauthorized use of the Materials on any networked computer environment or other website.

3.  Registered Users
One or more portions of this Site may be accessible only through prior registration as a registered user (“User”). Registration requires you to provide us with a valid email address, select a unique member identification (“ID”) and a password. By registering, you agree not to: (1) use a member ID already in use by another User, and (2) use a member ID that NSE, in its sole discretion, finds offensive or inappropriate. It is your sole responsibility to keep your password confidential and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NSE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NSE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Site and the Software, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NSE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NSE has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Software (or any portion thereof).

4.  NSE Privacy Policy
Your use of the Site and Software is subject to NSE’s privacy policy. For information on NSE’s Privacy Policy, please click here.

5.  Online Conduct
You understand and agree that all information, text, messages, or other materials (collectively, the “Content”) posted or otherwise transmitted by parties other than NSE or its affiliates are the sole responsibility of the individual or entity from which such Content originated. NSE is not responsible for any Content posted, displayed, stored, or transmitted by any User or other originator of said content in any of our forums.  This means that you, and not NSE, are entirely responsible for all Content that you post, display, or transmit through the Site. NSE cannot guarantee the truthfulness, authenticity, quality, or accuracy of said Content. Under NO CIRCUMSTANCES IS NSE LIABLE FOR ANY OF SAID CONTENT, including, without limitation, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Site.  You acknowledge that NSE and its designees do not pre-screen Content, but that NSE and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Site. Without limiting the foregoing, NSE and its designees shall have the right to remove any Content that violates this Terms of Use, the Privacy Policy, or that is otherwise objectionable. Any decision to refuse, move, or remove content is within the sole discretion of NSE, its employees, agents, and appointed designees. You agree that any improper, abusive, fraudulent, and/or illegal activity or violation of this Terms of Use may be grounds for immediate termination of your user account, and your ability to use our user forums.  You further 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. In this regard, you acknowledge that you may not rely on any Content not created by NSE or submitted to NSE.  YOU FURTHER REPRESENT AND WARRANT THAT ANY CONTENT THAT YOU UPLOAD, POST, TRANSMIT, OR DISPLAY THROUGH OUR SITE DOES NOT INFRINGE ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW.  YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO POST, TRANSMIT, AND DISPLAY SUCH CONTENT FOR THE USES OUTLINED IN THIS TERMS OF USE, AND THAT SUCH USE WILL NOT VIOLATE ANY AGREEMENTS PREVIOUSLY ENTERED INTO BETWEEN YOU AND A THIRD PARTY.
You acknowledge and agree that NSE may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NSE, its users and the public.
You understand that the technical processing and transmission of the Site and Software, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Notwithstanding anything to the contrary, you promise that you will not:

  • remove any proprietary notices from this Site, the Software or any copy thereof;
  • cause, permit or authorize the modification, creation of derivative works, or translation of this Site or the Software without the express permission of NSE;
  • sell, assign, rent, lease, act as a service bureau, or grant rights in the Software including, without limitation, through sublicense, to any other person or entity;
  • export or re-export the Software in violation of United States export laws;
  • use this Site or the Software for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;
  • copy the Software (other than as provided under United States copyright laws);
  • access or modify the source code of the Software in any way;
  • use the Site or the Software to, or in any way that would, violate any applicable law, regulation or ordinance;
  • use the Software or this Site for fraudulent purposes;
  • attempt to decompile, reverse engineer, disassemble or hack this Site or the Software, or to defeat or overcome any encryption and/or digital rights management technology implemented by NSE with respect to this Site, the Software and/or data transmitted, processed or stored by NSE, this Site or the Software;
  • take any steps to interfere with or in any manner compromise any of NSE’s security measures or interfere with or disrupt the Site and the Software and/or the servers or networks connected to the Site;
  • obstruct or otherwise interfere with the normal performance of another person's use of the Site or the Software;
  • upload, post, transmit, or display content containing pornographic subject matter;
  • upload, post, transmit, or display content that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, content that promotes or condones bigotry, prejudice, racism, hatred, and other content that is racially or ethnically objectionable.
  • upload, post, transmit, or display content that exploits children or otherwise harms minors in any way;
  • violate the rights of another individual or entity, including but not limited to intellectual property rights;
  • upload, post, transmit, or display content that infringes on any patent, trademark, service mark, copyright, trade secret, right of publicity, or other proprietary right;
  • upload, post, transmit, or display pirated computer software or links to other sites where such software is accessible;
  • upload, post, transmit, or display unsolicited advertisements, promotional materials, "spam", "junk mail", "chain letters", and "pyramid schemes";
  • stalk or otherwise harass another person;
  • impersonate any person or entity, including, but not limited to, an NSE official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • forge headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Site;
  • upload, post, transmit, or display any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, transmit, or display any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • promote or provide instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.  This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
  • use the NSE Site as a forwarding service to another website;
  • allow usage by others in such a way as to violate these Terms of Use or any other Terms of Use or policies adopted by NSE from time to time;
  • sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your account, or password, including, without limitation, on or through the use of a third party website or service; or
  • do anything that violates this Terms of Use in any other way.

 

6.  Intellectual Property
By uploading, or posting your Content in our forums, you grant NSE a world-wide, royalty-free, and non-exclusive license to use, reproduce, perform, display, and distribute and publish your Content on the Site.  NSE does not claim ownership of the Content you place or otherwise make available through the Site. 

NSE does not want to receive confidential or proprietary information from you through the Site or by email. Unless otherwise agreed in writing by an authorized NSE representative, any material, information or idea you transmit to NSE by any means may be disseminated or used by NSE or its affiliates in accordance with this Terms of Use without liability to you. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions.  Please see our Privacy Policy.

Except for User contributed Content, NSE holds the copyright for all copyrighted and copyrightable materials on the Site, including, without limitation, the NSE trademark, logo, design, text, graphics, forms and any other applicable Materials, including the selection and arrangement of such elements. In addition, the entire Site is copyrighted as a collective work under the United States and other copyright laws. NSE holds the copyright in the Materials as well as the collective work. The collective work includes works that are licensed to NSE. The collective work may also include works that are the property of NSE’s licensors, which are also protected by copyright and other intellectual property laws.

All trademarks, service marks, logos, trade names, and any other proprietary designations of NSE used herein are trademarks or registered trademarks of NSE. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

7.  Disclaimer
This Site AND the Software are provided "as is" and without any warranties, claims or representations made by NSE of any kind either express, implied or statutory with respect to this Site AND the Software, 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, NSE does not warrant that thIS Site, the Software 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 thIS Site, the Software and/or the server 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 thIS Site 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.

8.  Limitation of Liability
IN NO EVENT SHALL NSE 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, PUNITIVE, SPECIAL, CONSEQUENTIAL OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR SOFTWARE, THE INABILITY TO USE THE SITE OR THE SOFTWARE, OR SITES ACCESSED THROUGH THIS SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) EVEN IF NSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE OR THE SOFTWARE IS TO TERMINATE YOUR USER 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.

9.  Links to Third Party Sites
The links provided throughout this Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of NSE in any manner whatsoever. Therefore, NSE 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. NSE 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 NSE of any linked site and/or any of its content therein.

10.  Term of Use
The license for use of this Site or the Software is effective until terminated.  This license will terminate as set forth elsewhere within this Terms of Use.  In addition, you agree that NSE, in its sole discretion, may terminate your password, and/or user account, and remove and discard any of your Content within this Site for any reason, including, without limitation, lack of use or if NSE believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Use at any point during the Term.  NSE may also in its sole discretion and at any time, discontinue providing this Site, with or without notice. You agree that any termination of your access to this Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that NSE may immediately deactivate or delete your Content, as applicable, and all related information and files. NSE reserves the right to bar any further access to such files and this Site. You agree that NSE shall not be liable to you or any third-party for any termination of your access to this Site.  Sections 2 through 17 of this Terms of Use shall survive any termination or expiration of the license for the use of this Site or the Software. 

11.  Your Representations and Warranties
You represent and warrant that:

  • you possess the legal right and ability to enter into this Terms of Use and to comply with its terms;
  • you will use this Site and the Software for lawful purposes only and in accordance with this Terms of Use and all applicable laws, regulations and policies;
  • you will only use this Site and the Software on a computer on which such use is authorized by the computer's owner.

12.  Indemnity
You agree, at your own expense, to indemnify, defend, and hold harmless NSE, its employees, agents, and representatives against claim, suit, action, or administrative proceeding brought against NSE, its employees, agents, and representatives to the extent said claim, suit, action, or administrative proceeding arises out of, or is related to your Content that you post in our forums, your use of the Site, your violation of this Terms of Use, or your violation of any rights of another, including but not limited to their intellectual property rights. Without limiting the generality of the foregoing, the indemnification agreement hereunder extends to, among other things, any claim, suit, action, or administrative proceeding arising out of: (1) your use or misuse of the Site or Software; (2) access or use of the Site by someone else using your computer or ID; and (3) a violation of the Terms of Use or any policy or guidelines referenced herein by you or anyone using your computer or ID.  This indemnification agreement applies to any claim, suit, action, or administrative proceeding that is directly or indirectly related to the Site, including by way of illustration a claim, suit, action, or administrative proceeding that your use or access or another person's use or access of your computer or ID infringes any copyright, trademark, service mark, patent, trade secret, right of publicity, or other proprietary right under any U.S., International, foreign, or state law. As another example, which is not to be construed as limiting the scope of the indemnification provision, this indemnification agreement applies to any claim, suit, or action where your use or access to the Site is in any way defamatory, slanderous, libelous, or otherwise injurious to a third party. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding.

13.  Notification of Copyright Infringement
NSE may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize NSE to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

NSE will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, please notify NSE’s Copyright Agent identified below.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following:

(a)     a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

(b)     a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled;

(c)     a description of the exact name of the infringing work on this Site (and the location of the infringing work, if it appears on this Site) or if the infringing work appears on a site linked to from this Site where the material that you claim is infringing is located on such site;

(d)     information sufficient to permit NSE to contact you, such as your physical address, telephone number, and email address;

(e)     a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f)     a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

To reach NSE’s Copyright Agent for Notice of claims of copyright infringement:

By email:
info@nakedsky.com

By mail:
Copyright Agent
Naked Sky Entertainment, Inc.
555 West 5th Street, Suite 380
Los Angeles, CA 90013

If you are not absolutely certain as to whether material present on our Site infringes upon your copyright, for example, if it may be protected under exceptions to the copyright law, like fair use, it is strongly recommended that you contact an attorney prior to submitting any claim of copyright infringement.
Furthermore, if it comes to the attention of NSE that any material misrepresentation has occurred or is evident, NSE reserves the right to take any action it deems appropriate, in its sole discretion, including, without limitation, suspending your ability to use the Site.

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Software. All other inquiries directed to the Copyright Agent will not be responded to.

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, Libya, North Korea, Sudan, 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 downloading the Software or using this Site, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, 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 NSE products and publications are commercial in nature. The Software and documentation available on this Site 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.  International Use: 
Recognizing the global nature of the Internet, you agree to comply with all the local rules regarding online conduct and acceptable Content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

16.  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.

17.  Miscellaneous
NSE reserves all rights not expressly granted herein. NSE may modify this Terms of Use at any time by posting the revised Terms of Use on this Site. Your continued use of this Site, and/or the Software shall constitute your acceptance of such revised Terms of Use. You may not assign any rights granted to you hereunder. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and NSE. The failure of NSE 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. This Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. The United Nations 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 NSE 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.  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 this Site 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. 

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contacts us at: info@nakedsky.com.


©2006 Naked Sky Entertainment, Inc.  All rights reserved.