TERMS OF USE
Acceptance of Terms
These Terms of Use govern your
use of the games, computer applications and other services (collectively the "Service")
available on, or offered by, nomor1.com ("nomor1.com" or "we") on
Facebook ("Social Networking
Site"). These Terms of Use apply to all users of the Service, including users
who are also contributors of content, information and other materials to the
Service. Any access, browsing or use of the Service constitutes your agreement
to follow and be bound by these Terms of Use without modification, and all
other operating rules, policies and procedures that may be published from time
to time by nomor1.com. If you do not agree
to these Terms of Use, you are not permitted to access, browse or use the
Service. The Terms of Use are personal to you, and are not assignable,
transferable or sub-licensable by you.
Changes to the Terms of Use
We reserve the right, at our
discretion, to update or revise these Terms of Use at any time. We will post
such changes to these Terms of Use, and these additional or revised terms will
become part of the agreement. Please check this Terms of Use document
periodically for changes. Your continued use of the Service constitutes your
binding acceptance of these Terms of Use, including any changes or
modifications made by nomor1.com as referenced above.
Using or Accessing the nomor1.com
Service
Affirmative action is required to use or access the Service.
Your use or access of the Service, however, shall not impose any duty on
nomor1.com to provide you any particular service or access to any Service.
You agree that you (a) have provided
true, accurate, current, and complete information to the Social Networking Site
and nomor1.com in connection with any use or access of the Service; and (b) will maintain
and update this information to keep it true, accurate, current, and complete. We
reserve the right to terminate your access to the Service in the event we learn
or believe any information provided may be false, inaccurate, not current, or
incomplete.
If any unauthorized person obtains access to the Service as a
result of any act or omission by you, you shall use your best efforts to
ascertain the source and manner of acquisition and shall fully and promptly
brief us. You shall otherwise cooperate and assist in any investigation
relating to any such unauthorized access.
Service is made available only
to users thirteen (13) years of age or older, consistent with the policies of
the Social Networking Site and these Terms of Use.
nomor1.com's use of the information
provided in connection with the Service or by the Social Networking Site will
be used solely in connection with the operation of the Service and consistent
with the Privacy Policy set forth below.
Content
Although the Service has been
compiled in good faith, no representation is made as to the completeness or
accuracy of the information it contains. The information contained on the Service
may be incomplete, may contain errors, or become out-of-date. nomor1.com makes no
commitment and expressly disclaims any duty to update any of the content on the
Service. nomor1.com reserves the right to add, modify, or delete any information
on the Service at any time.
Limitations on Your Use
You agree to abide by all
applicable local, state, national, and international laws and regulations in
using the Service, and not to use the Service for any purpose that is
prohibited by the Terms of Use. You agree not: to (a) use Service for illegal
purposes; (b) use Service in any manner which violates the rights of a third
party, including without limitation intellectual property rights; (c) use the Service
to post or otherwise communicate material which is unlawful, harassing,
libelous, privacy invading, abusive, threatening, harmful, vulgar,
pornographic, obscene, indecent, confidential, proprietary or otherwise objectionable, (d) use the Service for any commercial purpose; (e) post any links
to any external Internet website that are obscene or pornographic or to post or
otherwise communicate commercial advertisements, chain letters, pyramid
schemes, encoded binary files, job offers or listings or personal ads; (f) use Service
to provide materials which contain viruses or other contaminating or
destructive features; (g) impersonates any person or entity, including any
employee or representative of a third party; (h) cheat or copy in any form with
respect to any Services offered; or (h) create an account or provide any other
information under false pretenses, with false or incomplete information, or to
mislead others.
Additionally, you shall not:
(a) take any action that imposes or may impose (as determined by nomor1.com in
its sole discretion) an unreasonable or disproportionately large load on nomor1.com's
(or its third party providers') infrastructure; (b) interfere or attempt to
interfere with the proper working of the Service or any activities conducted in
connection with the Service; or (iii) bypass any measures nomor1.com may use to
prevent or restrict access to the Service.
The Service is provided only
for your own personal use.
Your Agreement to User
Conduct Rules and Regulations
nomor1.com is not responsible for
reviewing or authorizing content and materials freely posted in publicly
accessible, interactive areas of the Service, such as Chat, Message Boards, and
Profiles. Acceptance of nomor1.com's Terms of Use constitutes your agreement to
abide by any Conduct Rules or Regulations posted, as well as the restrictions
and responsibilities outlined in these terms of use. You agree to take full
responsibility and liability for the accuracy and appropriateness of any of your
posted content, and any consequences that may arise from posting in public
areas of the Service.
You may create, submit, post, display, transmit content or other material using
the Service ("User Content"). nomor1.com reserves the right to delete, move, or
edit any User Content that it may determine, in its sole discretion, violates
these Terms of Use or is otherwise unacceptable. nomor1.com may delete, edit, or
reject User Content at any time for any reason without notice to you. In
particular, nomor1.com reserves the right to remove content at the request of a
third party copyright or other intellectual property owner. Any User Content
you transmit or post using the Service will be treated as non-confidential and non-proprietary.
You agree and warrant that your
User Content is wholly original to you and you exclusively own all the rights
to your User Content. You agree that by using the Service, you grant nomor1.com
the right to convert, copy, display, edit, make derivative works, disclose,
sell, sublicense, store, distribute, or otherwise use your User Content in any
manner and in all forms or formats available now or in the future without any compensation
to you or any other agreement. You represent and warrant that you are
authorized to grant all rights set forth in the preceding sentences.
nomor1.com will not be held
liable for any damages of any kind, including, but not limited to, direct,
indirect, incidental, punitive, and consequential damages (a) related to its
use or rejection of any User Content; (b) arising from the use of the public
posting areas of this Service or using the Service.; and (c) related to your
viewing of any content using the Service that you may find offensive.
Indemnification
Your use of the Service
constitutes your agreement to defend, indemnify, and hold harmless nomor1.com and
its affiliated entities, and their employees, contractors, officers, directors,
agents and representatives, from any claim or demand, including reasonable
attorneys' fees, arising out of your use or misuse of the Service or the use or
misuse of contents of the Service by a third party even if using your password.
This Indemnification section of the Terms of Service survives termination of
your account with the Service or your use of the Service.
Termination and Modification
of the Service
These Terms of Use are
effective until terminated. You agree that nomor1.com may terminate your access
to the Service at any time for any reason without prior notice or liability. nomor1.com
may change, suspend, modify or discontinue all or any aspect of the Service at
any time, including the availability of any feature or game, without prior
notice or liability. If you wish to terminate your access to the Service, you
may simply discontinue using the Service.
Third Party Web Site Services,
Links, Advertisements and Offers
The Service may contain links
to other World Wide Web Internet sites. The Service also may utilize third
party services, advertisements, offers and payment systems. nomor1.com is not
responsible for these third party products, services or their contents. The
inclusion of such a link does not imply endorsement of the Service or its
contents or any association with its operators. nomor1.com is not responsible for
the accuracy, copyright compliance, legality, decency, or appropriateness of
the content, nor the advertising, products, or other materials on such sites.
Under no circumstances shall nomor1.com be held responsible or liable, directly
or indirectly, for any loss or damages caused or alleged to have been caused by
use of or reliance on any content, goods, or services available from third
parties. Any concerns regarding any third-party website should be directed to
its respective site administrator or webmaster.
Limitations on Liability
nomor1.com PROVIDES THE SERVICE
"AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO
THE INFORMATION, CONTENT, GAMES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICE
OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. nomor1.com AND ITS
AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES
DO NOT WARRANT THAT: (a) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED: (c)
ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF SUING THE SERVICE WILL MEET
YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS
YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICE. nomor1.com SHALL HAVE NO
LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR THE
GAMES ON THE SERVICE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL nomor1.com,
ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES,
BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. NOTWITHSTANDING
THE ABOVE, YOU AGREE THAT THE MAXIMUM LIABILITY OF nomor1.com IN CONNECTION WITH
OR ARISING FROM ANY USE OF THE SERVICE, INCLUDING ANY APPLICATIONS OR GAMES,
SHALL BE LIMITED TO $200 IN THE AGGREGATE PER USER.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. IN SUCH STATES, THE LIABILITY OF nomor1.com SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Our Intellectual Property
You acknowledge and agree that
all content, design elements, and materials available on this Service are
protected by copyrights, trademarks, service marks, patents, trade secrets, or
other proprietary rights and laws. No materials from this Service may be
copied, reproduced, modified, republished, uploaded, posted, transmitted or
distributed in any form or for any means without our prior written permission. Furthermore,
you agree to not sell, license, rent, or create derivative works from such
materials or content. Systematic retrieval of content from the Service to
create or compile, directly or indirectly, a collection, compilation, database,
or directory without written permission from us is strictly prohibited.
All rights not expressly granted herein are reserved. Any unauthorized use of
the materials appearing on the Service may violate copyright, trademark and other applicable laws.
Except as provided below, nomor1.com and its affiliates and licensors retain all
right, title and interest in and to the Service, excluding your User Content
("nomor1.com Intellectual Property"). You may not modify, publish,
transmit, transfer or sell, reproduce, create derivative works from,
distribute, perform, link, display, or in any way exploit the nomor1.com
Intellectual Property, in whole or in party, except as expressly permitted in
these Terms of Use or with the prior written consent of nomor1.com. You agree to
use the Service only in accordance with these Terms of Use. You agree not to
disassemble, decompile or reverse-engineer any software or other component of
the nomor1.com website.
Please be advised that any information related to the Service including but not
limited to, game scores and player rankings, are the property of nomor1.com by
operation of these Terms of Use. nomor1.com reserves the right to display,
modify, distribute, reproduce, use for promotional purposes, or delete any of
this information at any time and for any reason without notice. Further, as
the sole owner of all such content, feedback, opinions, and strategies, nomor1.com
may elect to utilize such information and to make changes or improvements based
on that information without any payment or consideration of any kind to any
party who provides information.
Service Administration and
Rules for Game Scoring, Virtual Currency, Virtual Goods and Other Virtual
Materials
The Service may include the
award or your purchase of points, scoring, virtual currency, virtual goods or
others items during your participation in games or other programs ("Game
Values"). Game Values are not transferable or eligible for any type of in-kind
or cash reimbursement. Game Values have no in-kind or cash value and are
solely for the purposes of the Service including any games. If your account
with the Service is terminated for any reason including if nomor1.com terminates
the game, your Game Values or any other feature of the Service will no longer
exist and are void. nomor1.com may in its sole discretion provide for the
transfer of Game Values or any other feature of the Service to another nomor1.com
game or application.
You have no right to transfer
any Game Values except as specifically authorized within the Service under
rules established by nomor1.com for the Service. You agree not to buy, sell or
otherwise exchange compensation for Game Values except during your active use
of the Service in authorized game or program transactions in accordance with
specific game or applications rules.
nomor1.com in its sole discretion
and authority may modify, eliminate, change or otherwise use your Game Values or
other features of the Service for any purpose without notice to you. If we
exercise this right, nomor1.com is not obligated to compensate you in any manner
and will not be liable for any form of damages for such actions.
You purchase of Game Values or
any other feature of the Service for use with the Service will not be refunded
or exchanged for any reason. Such purchases are final on initial purchase.
Disputes with Users of the
Service
nomor1.com is not obligated to
investigate, monitor, mediate or resolve any dispute you may have with another
user of the Service although we may undertake such action in its sole
discretion. In the event of a dispute with another user of the Service, you
agree (a) to indemnify us from any liability and (b) that we will not be liable,
for any type of damages or for any type of claim or demand arising out of or
related to any dispute you may have with any other user of the Service.
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