Last Modified on August 3, 2015
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Amendments and Changes
By using the Nobotgames Services, you represent that you have read and consent to our Privacy Statement, which is incorporated into this Agreement by this reference. Nobotgames may revise the Privacy Statement at any time and the new versions will be available at the above link. If at any point you do not agree to any portion of the Privacy Statement, you must immediately stop using the Nobotgames Services.
Patents, Copyrights, Trademarks
The materials on the Nobotgames Services belong to or are licensed to Nobotgames. The materials are protected by United States and foreign intellectual property laws. We also own the names we use for our products and services on the Nobotgames Services, and these names are protected by United States and foreign trademark laws. If you use the materials or trademarks on the Nobotgames Services in a way that is not allowed by this Agreement, you are violating the Agreement and may also be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Nobotgames Services. Title to the materials remains with us or with the authors of the materials contained on the Nobotgames Services. All rights not expressly granted are reserved.
Furthermore, Nobotgames has multiple PATENTS PENDING in the United States regarding various aspects of its gameplay and design.
Limited License, Access, and Accounts
4.1. Limited License. The Nobotgames Services are provided for, and Nobotgames grants you a non-exclusive, non-transferable, revocable, limited license, subject to all limitations provided herein, to access and use the Nobotgames Services using a personal computer or a mobile device solely in accordance with the terms of this Agreement.
4.2. Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. Children under the age of 13 are not allowed to use any of Nobotgames Services under any circumstances or to create an account or to log in with any account. You also represent that you reside in a jurisdiction where it is not illegal to use the Nobotgames Services.
4.3. Accounts. To access certain portions of the Nobotgames Services, you may be required to create an account or login through a social media account such as Facebook (an “Account”). If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. You agree that you shall not create an Account or access the Nobotgames Services if you (i) are under the age of 18, without the consent of your parent or legal guardian, or at all if you are under the age of 13, (ii) if you have previously been removed by Nobotgames or banned from using the Nobotgames Services, (iii) are located in a country embargoed by the United States or (iv) are on the U.S. Treasury Department’s list of Specially Designated Nationals.
4.4. Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account username and password. Nobotgames is not responsible if your Account is hacked or otherwise compromised.
4.5. Rules Related to Nobotgames Account Names. When you create an Account, you may be prompted to create a username. Your username will be visible to other users. Usernames must abide by the following guidelines as well as the rules of common decency. If Nobotgames finds a username to be offensive or improper, or if it believes a username may be illegal, then it may, in its sole and absolute discretion, change the username, remove the username, and/or suspend or terminate your Nobotgames Account. In particular, you may not use any username:
Belonging to another individual or entity with the intent to impersonate that individual or entity, including without limitation, impersonating any Nobotgames agent or employee or any other Nobotgames community user;
That incorporates vulgar language or imagery or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
That is subject to the rights of any other person or entity without written authorization from that person or entity; or
That is substantially similar to, or otherwise contains or duplicates any trademark, service mark, copyrighted work or component of a copyrighted work.
You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above.
4.6. User Rules. As a condition of use, you promise that, in connection with your use of the Nobotgames Services, you will not:
Violate any applicable law, regulation, or contract;
Make available through the Nobotgames Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Use anyone else’s username, Facebook account, or login information to access the Nobotgames Services;
Access the Nobotgames Services to participate in any activity that violates any law where you reside;
Create, distribute or use any third party software, including without limitation “mods,” cheats, scripts, addons, bots, or hacks, designed to change or manipulate Nobotgames Services or to gain free poker chips and virtual currency;
Attempt to sell virtual currency from the Nobotgames Services;
Attempt to buy chips from anyone other than Nobotogames – you may only buy chips in-game from Nobotgames;
Misrepresent yourself in any way;
Make any false, misleading, or inaccurate statements;
Use language that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, unlawful, or invasive of another’s privacy;
Impersonate any person or entity, including any employee or representative of Nobotgames; or
License, create derivative works from, any information, content obtained from the Nobotgames Services.
Nobotgames reserves the right to permanently suspend or terminate your Account and your access to the Nobotgames Services, and/or disqualify you from receiving any prizes offered through the Nobotgames Services if it suspects that you have violated any of the User Rules. If you use any kind of third-party software to cheat and earn free chips, then your Account will be banned and virtual currency forfeited with no refund given.
Links to Other Websites
Nobotgames Services may contain links to websites operated by other parties. Nobotgames provides these links to other websites as a convenience, and use of those sites is at your own risk. The linked sites are not under the control of Nobotgames, and Nobotgames is not responsible for the content available on the other sites. Such links do not imply Nobotgames’s endorsement of information or material on any other site and Nobotgames disclaims all liability with regard to your access to and use of such linked websites.
In an effort to improve the Service, Nobotgames may update its Nobotgames Services, including its mobile apps and software, without notifying you.
No Ownership of Account or Virtual Currency
While using the Nobotgames Services, you will have the opportunity to purchase a limited license to in-game virtual items such as additional poker chips, decorations, power-ups, and other features (collectively “Virtual Currency”) associated with your Account. You hereby acknowledge and agree that you have no claim, right, title, proprietary or ownership interest in any Virtual Currency, your Account, or any other game assets, regardless of any consideration you offered or paid in exchange. Nobotgames shall not be liable in any manner for the destruction, deletion, modification, impairment, hacking of or any other damage or loss of any kind caused to your Virtual Currency, Account, or other game assets, including but not limited to deletion of all Virtual Currency and termination of your Account. Nobotgames may terminate inactive Accounts. You hereby acknowledge that the Virtual Currency is not worth any “real” money, exchangeable for any real money, and that you have solely a non-exclusive, non-transferable, revocable, limited license to it.
Fees and Purchases
7.1. Fees and Payments. Some aspects of the Nobotgames Services require you to make a payment. You agree to pay all fees, payments and applicable taxes incurred by your Account you used to access the Nobotgames Services. You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Nobotgames Services, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and (iii) refuse to allow any user to purchase a product or deliver any product to a user. When you purchase products through the Nobotgames Services, you (a) agree to pay the price for such products set forth in the Nobotgames Services and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (b) authorize Nobotgames to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
7.2. Return and Refund Policy.
All sales on the Nobotgames Services are final. Except as provided below, there are no refunds or returns for the purchase of a subscription to the Nobotgames Services.
If you reside in the European Union and you purchase a product or service from Nobotgames, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period.
EXCEPT AS SET FORTH HEREIN WTH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, (I) ALL SALES THROUGH THE NOBOTGAMES SERVICES ARE FINAL; AND (II) YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. EXCEPT AS SET FORTH HEREIN WITH REGARD TO THE COOLING OFF PERIOD FOR RESIDENTS OF THE EUROPEAN UNION, WE DO NOT ISSUE ANY REFUNDS OR OFFER ANY EXCHANGES OF ANY PRODUCTS PURCHASED ON OR THROUGH THE NOBOTGAMES SERVICES.
7.3. Changes to Products and Pricing. Nobotgames may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the Nobotgames Services or any products sold. The inclusion of any products through the Nobotgames Services at a particular time does not imply or warrant that these products will be available at any other time. Nobotgames reserves the right to change prices for products displayed on the Nobotgames Services at any time, and to correct pricing errors that may inadvertently occur. All such changes shall be effective immediately upon posting of such new product prices to the Nobotgames Services.
Notice for Claims of Copyright Infringement
If you are a copyright owner or agent thereof and believe that content posted on the Nobotgames Services by a Nobotgames user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the location on our website containing the material that you claim is infringing;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Nobotgames a counter-notice. Notices and counter-notices must meet the statutory requirements imposed by 17 USC § 512. Notices and counter-notices with respect to the Nobotgames Services should be sent to Nobotgames’s Copyright Agent. The Nobotgames copyright agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the Nobotgames Services. Please note that these notifications and counter-notifications are legal notices. Nobotgames may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. Our Privacy Statement does not protect information provided in these notices and counter-notices.
Our Copyright Agent can be reached by mail at: Nobotgames, ATTN: Copyright Agent, 281 S. Thomas St., Unit 205, Pomona, CA, 91766; or by email at email@example.com. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
The Nobotgames Services are operated by Nobotgames in the United States. Those who choose to access the Nobotgames Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
DISCLAIMER OF WARRANTIES
THE NOBOTGAMES SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NOBOTGAMES MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE NOBOTGAMES SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE NOBOTGAMES SERVICES IS AT YOUR SOLE RISK. NOBOTGAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE NOBOTGAMES SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE NOBOTGAMES SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED.
NOBOTGAMES IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER OR THIRD-PARTY CONTENT POSTED ON, THROUGH OR IN CONNECTION WITH THE NOBOTGAMES SERVICES, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF NOBOTGAMES. UNDER NO CIRCUMSTANCES SHALL NOBOTGAMES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE NOBOTGAMES SERVICES, FROM ANY CONTENT POSTED ON THE NOBOTGAMES SERVICES (WHETHER SUCH CONTENT VIOLATES THE TERMS OF SERVICE, PRIVACY STATEMENT, OR NOT), FROM ANY SERVICE OFFERED THROUGH THE NOBOTGAMES SERVICES OR FROM THE CONDUCT OF ANY USER OF THE NOBOTGAMES SERVICES OR ANY USER OF ANY LINKED SITE (REGARDLESS OF WHETHER SUCH CONDUCT VIOLATES THE TERMS OF SERVICE OR PRIVACY STATEMENT, OR WHETHER SUCH CONDUCT IS ONLINE OR OFFLINE). NOBOTGAMES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE NOBOTGAMES SERVICES, VIRTUAL CURRENCY, OR ANY OF YOUR COMMUNICATIONS ON OR THROUGH THE NOBOTGAMES SERVICES. IF YOU ARE IN ANY WAY DISSATISFIED WITH THE NOBOTGAMES SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE NOBOTGAMES SERVICES.
NOBOTGAMES DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE NOBOTGAMES SERVICES, YOU AGREE THAT NOBOTGAMES SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOBOTGAMES, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE NOBOTGAMES SERVICES, EVEN IF NOBOTGAMES AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOBOTGAMES IS NOT LIABLE FOR ANY INTERRUPTION OF SERVICE OR LOSS OF ACCOUNTS OR VIRTUAL CURRENCY. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF NOBOTGAMES OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Nobotgames and its affiliates shall be limited to the fullest extent permitted by law.
You agree to indemnify, hold harmless and defend Nobotgames and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by Nobotgames arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, including any unauthorized disclosure of personal or confidential information or (b) use or misuse of the Nobotgames Services.
Dispute Resolution and Governing Law
This Agreement shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. Except as provided in Section 15 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Nobotgames Services shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, California and you agree to submit to the personal jurisdiction and venue of such courts. You are responsible for compliance with all local laws if and to the extent local laws are applicable.
(a) Arbitration Procedures. You and Nobotgames agree that, except as provided in Section (d) below, all disputes, controversies and claims related to this Agreement (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this Agreement. In the event of a conflict between the terms set forth in this Binding Arbitration Section and the JAMS Rules, the terms in this Binding Arbitration Section will control and prevail.
Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Agreement, (i) you and Nobotgames may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND NOBOTGAMES WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(b) Location. The arbitration will be conducted in the County of Los Angeles, California, unless the parties agree to video, phone and/or internet connection appearances.
(c) Limitations. You and Nobotgames agree that any arbitration shall be limited to the Claim between Nobotgames and you individually. YOU AND NOBOTGAMES AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
(d) Exceptions to Arbitration. You and Nobotgames agree that any Claim seeking to enforce or protect, or concerning the validity of, any of your or Nobotgames’s intellectual property rights is not subject to the above provisions concerning negotiations and binding. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
(f) Severability. You and Nobotgames agree that if any portion this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable, then neither you nor Nobotgames will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Nobotgames agree to submit to the personal jurisdiction of that court.
Term and Termination
This Agreement is effective until terminated. Nobotgames may terminate this Agreement with or without notice for any reason, or for no reason. You may terminate this agreement by discontinuing your use of the Nobotgames Services and notifying Nobotgames in writing.
Agreement Revisions. This Agreement may only be revised in writing by Nobotgames.
Force Majeure. Nobotgames shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Nobotgames, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Nobotgames’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, cyberattacks, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nobotgames as a result of this Agreement or your use of the Nobotgames Services.
Assignment. Nobotgames may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Nobotgames’s prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement shall be given full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us 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.
Equitable Remedies. You hereby agree that Nobotgames would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Nobotgames Services and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Nobotgames Services.