Jumpgate User Agreement
By using Jumpgate, you are accepting this agreement. This copy of the Agreement is intended to be the most up to date version, which must be agreed to upon installation of Jumpgate.
Please read this Jumpgate User Agreement (the "Agreement") carefully before agreeing to its provisions.
BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU AGREE, WITHOUT MODIFICATIONS, TO THE TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED HEREIN AND WILL ABIDE BY THEM. IN THE EVENT YOU FAIL TO COMPLY WITH ANY OF THESE PROVISIONS, NetDevil RESERVES THE RIGHT TO DEACTIVATE YOUR ACCOUNT, WITH NO REFUND DUE YOU FROM NetDevil. DEACTIVATION MAY RESULT IN THE PERMANENT LOSS OF ALL IN-WORLD ITEMS, RANK AND CREDITS. BY ACCEPTING THIS AGREEMENT, YOU ALSO ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE BETWEEN THE AGES OF 13 - 18, YOU MUST OBTAIN PERMISSION FROM A PARENT OR GUARDIAN BEFORE ACCEPTING THIS AGREEMENT. CHILDREN AGE 12 AND UNDER WILL NOT BE ALLOWED TO REGISTER FOR JUMPGATE. YOU FURTHER AGREE THAT THIS AGREEMENT WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR JUMPGATE ACCOUNT, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON VIOLATES ANY PROVISION CONTAINED HEREIN.
Rules of User Conduct
1. To play Jumpgate, you must (a) purchase the Jumpgate CD-ROM (the "CD-ROM") or download the Jumpgate client, which includes software required for the game, (b) have a fully paid account, and (c) have an Internet connection (which we do not provide) to access your account. We describe our fees and billing procedures at www.jossh.com, which are incorporated by reference. All fees are stated in U.S. Dollars. All fees are prepaid and non-refundable. In addition to any fees imposed by us, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware, software, service and other costs you incur to access your account. Neither this Agreement nor your account entitles you to any subsequent releases of Jumpgate, nor to any expansion packs or similar ancillary products.
2. Upon registration, you must select a password. You may not disclose your password to any third party. We never ask you for your password by telephone or email, and you should not disclose it this way if someone asks you to do so. There may be an additional charge to reissue lost passwords. Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that third parties may be able to access your computer and thus your account.
3. You understand that you play Jumpgate at your own risk. Jumpgate may contain errors, "bugs" and/or other problems which may result in system failure or failure in the use of Jumpgate. For purposes of this Agreement, playing Jumpgate shall mean interacting in any way with Jumpgate-related content including, but not limited to, using the Jumpgate software and interacting on the Jumpgate Web Site ("JOSSH").
4. Jumpgate is provided to you strictly on an "as is", "as available" basis. NetDevil disclaims all warranties, liabilities and obligations of any kind to you.
5. Any accumulated credits, experience points, levels, medals, titles, equipment, commodities, and other such value or status indicators may be reset at any time.
6. You will not make personal threats against other players, or commit any acts of a threatening or harassing nature.
7. You will not use any sexually explicit, abusive, or offensive language, nor may you link to any such content via any of Jumpgate's communication features. This includes any form of communication that is derogatory or obscene, including biased comments based on gender, race, ethnicity, or religion. This also includes your character name and squad pages.
8. You will not impersonate or pose as a NetDevil employee or as an employee of NetDevil's affiliates.
9. You will not use the Jumpgate service or website to market, promote or solicit interest in or orders for any product or service, including but not limited to the dissemination of advertising materials, multi-level marketing and/or chain mail.
10. You will not violate any local, state, national, or international law or regulation.
11. You will not hack, modify, or otherwise alter any part of the Jumpgate client, server, or website.
12. You will not use any part of the Jumpgate service or website to arrange for the transfer of pirated software or other unlawful products.
13. You will not organize, form, or be a member of any squad or group within Jumpgate that is based on, promulgates, or otherwise promotes any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate-mongering philosophy.
14. You will not give false information or intentionally conceal any information that is required to register a Jumpgate account.
15. You will not post, communicate, or transmit any person's real life personal information via the Jumpgate service or website without the prior authorization of such person.
16. You will not use the Jumpgate service or website to upload or transmit any copyrighted content that you do not own all rights to, unless you have the express written permission of the relevant author(s) or copyright holder(s).
17. You will not attempt to intercept, interfere with, hack into, or decipher any transmissions to or from the Jumpgate game or web servers.
18. You will not exploit any bug in Jumpgate, nor will you communicate or distribute any such bugs for the use of or exploitation by any other players. You will promptly report any such bugs to NetDevil by email to email@example.com.
19. You will not attempt to use the Jumpgate software on any server that is not operated, controlled or authorized by NetDevil.
20. You will not create, provide or otherwise use any server emulator or other site where Jumpgate may be played. You will not post or distribute any utilities, emulators or other software tools related to Jumpgate without the prior written permission of NetDevil.
21. You will not initiate or participate in any acts that are detrimental to Jumpgate or NetDevil's ability to regulate, monitor, maintain, service or update Jumpgate.
22. You will not initiate or participate in any acts that negatively affect the gaming experience for any other player.
23. You will not transmit or upload any viruses or programs that are detrimental to the Jumpgate service or its player community.
24. You acknowledge that NetDevil has no obligation to monitor or supervise Jumpgate's communication features, and that NetDevil expressly disclaims any obligation to monitor or supervise them, but also expressly reserves the right to monitor or supervise them, in NetDevil's sole discretion. You further acknowledge that NetDevil does not control the content of any postings in Jumpgate's communication features and does not guarantee the accuracy, integrity or quality of anything posted within them. You understand that by using Jumpgate's communication features, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will NetDevil be liable for any errors or omissions in any postings or for any loss or damages of any kind incurred as a result of any information posted or otherwise contained within Jumpgate's communication features. You acknowledge that Jumpgate's communication features enable forums for public and not private communications.
25. The Jumpgate Web Site ("JOSSH") squad pages may contain links to external sites. You understand and acknowledge that NetDevil is not responsible for the content of external links even if their content is framed by the JOSSH web graphics.
26. You acknowledge that NetDevil may assign temporary extra days to your Jumpgate account as necessary, in order to allow for the slower processing of non-credit card payment methods such as eChecks and direct debits via an external payment service. You acknowledge that in-game commands, external websites, and any information source other than the external payment service is non-authoritative and does not correspond to actual billing schedules. You acknowledge the only authoritative information source of scheduled billing dates for a Jumpgate account is your chosen external payment service. You acknowledge that NetDevil is in no way liable for any additional charges assessed by your bank or external payment services, related to your Jumpgate account and subscription, resulting from the use or misuse of Jumpgate as a service, including but not limited to, service fees, overdraft fees, processing fees, interest fees, etc.
27. You acknowledge that Jumpgate is a pay-for-play service that requires recurring subscription fees. You acknowledge that not playing Jumpgate in any given month will NOT constitute indication that such charges should be discontinued. You acknowledge the initial charge and all subsequent charges for your subscription to Jumpgate are NON-REFUNDABLE. You acknowledge that you are an authorized user of the payment method used to pay the subscription fees for any and all accounts that you register.
28. Account Termination. Either you or NetDevil may terminate your Account at any time without further obligation to the other. Further, NetDevil reserves the right to terminate the Jumpgate Service at any time without further obligation to you. IF THE SERVICE OR YOUR ACCOUNT IS TERMINATED OR CANCELLED AT ANY TIME FOR ANY REASON, YOU AGREE TO THE FOLLOWING: (1) YOU WILL NOT BE ENTITLED TO ANY REFUND OR PRORATION OF ANY FEES OR UNUSED ACCESS TIME; (2) YOU WILL LOSE ANY CHARACTERS DEVELOPED OR ITEMS ACCUMULATED AND YOU WILL NOT HAVE THE RIGHT TO TRANSFER, SELL OR ASSIGN ANY CHARACTERS OR ITEMS TO ANYONE ELSE; (3) YOU MAY NOT ACCESS THE SERVICE IN ANY MANNER OR FOR ANY REASON, INCLUDING VIA ANY OTHER ACCOUNT. IN THE EVENT THAT AN ACCOUNT IS TERMINATED, NetDevil MAY TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE PHONE NUMBER, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS OR CREDIT CARD NUMBER WITH THE TERMINATED ACCOUNT.
29. NetDevil MAY OCCASIONALLY FIND IT NECESSARY TO MAKE CHANGES TO, OR RESET PORTIONS OF, THE JUMPGATE UNIVERSE. THIS MAY INCLUDE, BUT IS NOT LIMITED TO: CHANGES IN CHARACTER STRUCTURE, CHANGES IN SHIP OR EQUIPMENT STATISTICS, OR A CHARACTER RESET RESULTING IN DATA LOSS.
30. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE JUMPGATE WEB SITE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT NetDevil MAY HAVE MADE.
General Terms and Conditions
1. LICENSE GRANT. NetDevil hereby grants you a non-exclusive license to use JUMPGATE (including the computer software and the associated audiovisual works, and may include printed materials, and electronic or "online" documentation and/or related media) (collectively, the "Software Product") solely in accordance with the terms and subject to the conditions of this Agreement. The Software Product incorporates various intellectual property rights, that may, include, without limitation, copyrights, trademarks, patents, trade secrets and other proprietary rights (collectively, the "Intellectual Property Rights"). While you own the physical media (if any) on which the Software Product is distributed, NetDevil and/or its licensor(s) retain all rights, title and interests in and to the computer software and other materials comprising the Software Product and all Intellectual Property Rights relating thereto.
2. RIGHTS AND RESTRICTIONS. The Software Product is protected by U.S. and foreign copyright laws and international copyright treaties, as well as by other such intellectual property laws and treaties. The Software Product is licensed (and not sold) to you, and any and all rights not expressly granted to you herein are reserved by NetDevil and/or its licensor(s).
Installation. You may install and use one copy of the Software Product on your personal computer, and, if you also own a separate, portable computer, a second copy of the Software Product may be installed and used on such portable computer for your exclusive use. Except as expressly set forth in the user manual (if any) for this Software Product, the installed copies of the Software Product that you are entitled to create hereunder may not be shared or otherwise used simultaneously on more than one computer.
Reverse Engineering. You shall not adapt or otherwise modify, create any derivative work, or decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code from, the Software Product (or any portion thereof) except and only to the extent that, notwithstanding such limitation, said activity is expressly permitted by applicable law.
Rental. You do not have the right to publicly perform, rent, lease, loan, or sublicense the Software Product, or to otherwise provide any third party with access to and the opportunity to use the Software Product.
Support Services. NetDevil may provide you with support services relating to the Software Product (collectively, "Support Services"). Your use of any such Support Services shall be subject to NetDevil's applicable policies and programs described in the end-user manual for the Software Product (if any), in "online" documentation (if any), and in other such materials published by NetDevil. Any supplemental computer software (if any) provided by NetDevil as part of its Support Services shall be considered part of the Software Product for all intents and purposes and shall be governed by the provisions of this Agreement. Any information that you disclose or provide in connection with the Support Services may be used by NetDevil for its business purposes, including, but not limited to, product development and support.
Upgrades. NetDevil may from time to time, at its sole discretion, make an upgrade or other such revised version of the Software Product (an "Upgrade") available and notify you of the applicable terms and conditions for receiving any such Upgrade, which may require you to return certain components of the Software Product prior to receiving the subject Upgrade.
Component Parts. The Software Product is licensed for use as a single product, and the component parts of the Software Product may not be separated for use in any other application(s) or for use on more than one computer (except as otherwise expressly authorized by NetDevil in writing).
Transfer of Software Product. You may permanently transfer all of your rights under this Agreement, provided that (i) you transfer the entire Software Product, including any and all components thereof, (ii) you retain no copy or copies of the Software Product, and (iii) the transferee agrees to all of the terms and conditions of this Agreement. Your transfer of any Upgrade must be accompanied by transfer of all prior versions of the Software Product licensed to you hereunder.
3. LIMITED WARRANTY. NetDevil warrants that the media on which the Software Product is recorded will be free from defects in materials and workmanship for a period of ninety (90) days after the date of the original customer's purchase thereof. NetDevil's sole liability and obligation with respect to any breach of this limited express warranty is, at NetDevil's sole option, to (i) repair or replace any such defective media, or (ii) refund the purchase price (if any) paid by you for the Software Product, provided you return such media to NetDevil (together with a copy of your dated receipt regarding your purchase of such product) within one (1) week after the expiration of the applicable warranty period and provided that NetDevil can confirm the existence of the defective condition you allege. You shall be responsible for the costs of freight and insurance in returning any defective media to NetDevil, and NetDevil shall be responsible for the costs of shipping the repaired or replaced media back to you. The foregoing limited warranty shall be inapplicable to any media that has been modified or subjected to accident, abuse, or unusual physical or electrical stress, or to any problem with the media that is unrelated to any defect in materials or workmanship. Any repaired or replacement media will be warranted for the remainder of the original warranty period or for thirty (30) days, whichever is greater. The limited express warranty set forth herein gives you certain legal rights, and you may also have certain other rights which vary from state to state and/or from jurisdiction to jurisdiction.
4. NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3, ABOVE, THE SOFTWARE PRODUCT AND ANY UPGRADE THERETO IS/ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND OR NATURE. NetDevil AND ITS LICENSOR(S) AND SUPPLIERS MAKE, AND YOU RECEIVE, NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SOFTWARE PRODUCT AND/OR ANY UPGRADE THERETO.
5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NetDevil AND ITS LICENSOR(S) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT AND/OR ANY UPGRADE THERETO, EVEN IF NetDevil AND/OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND YOU HEREBY ASSUMES ALL RISKS AS TO THE QUALITY, PERFORMANCE, OPERATION OF AND/OR INABILITY TO OPERATE THE SOFTWARE PRODUCT AND/OR ANY UPGRADE THERETO. IN NO EVENT SHALL NetDevil'S AND ITS LICENSOR'S TOTAL COMBINED LIABILITY HEREUNDER EXCEED THE PRICE WHICH YOU PAID FOR THE ITEM(S) WHICH IS/ARE THE SUBJECT OF ANY CLAIMED LIABILITY. Some states do not allow the exclusion or limitation of incidental or consequential damages or of implied warranties, so certain of the foregoing provisions may not apply to you.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software Product and all Upgrades (if any) thereto are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. "Manufacturer", as such term is used therein, is NetDevil Ltd, 890 W. Cherry St, Louisville, Colorado, 90027, U.S.A.
7. EXPORT LIABILITY ASSURANCES. You acknowledge and agree that the Software Product will not be exported outside the United States except as authorized and permitted by the laws and regulations of the United States. If the Software Product has been rightfully obtained by you outside the United States, you agree that you will not re-export the Software Product except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software Product.
8. TERMINATION. Without prejudice to any of NetDevil's other rights and remedies under applicable law, NetDevil may, at its sole discretion, terminate this Agreement if you fail to comply with any of the terms or conditions of this Agreement. In the event this Agreement is terminated, you must promptly destroy all copies of the Software Product (including all components thereof) and of each Upgrade thereto.
9. GOVERNING LAW. This Agreement shall be governed by and construed under the laws of the State of California, excluding that body of law related to choice of laws, and of the United States of America.
10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding of the parties regarding your possession and use of the Software Product and the related subject matter hereof, and supersedes the provisions of any earlier end-user license agreement (s) applicable to any programs that constitute part of the Software Product. The headings of the Sections and subsections of this Agreement are for convenience of reference only and shall not be of any effect in construing the meanings of any Section or provision hereof. If any provision of this Agreement (or part thereof) is determined by any court of competent jurisdiction to be void, invalid or otherwise unenforceable, such provision (or part thereof) shall be deemed deleted from this Agreement, while the remaining provisions of this Agreement shall continue in full force and effect. No failure or delay by either party in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power or remedy.