NOVUS MEDIA ("the "Company," "we," "us") provides this web site (the "Site") and all Site-related services and products, including, without limitation, online and downloadable games (collectively, the "Service") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between the Company and you, the Site visitor and/or Service member ("you") with respect to your use of the Service. It is important that you read carefully and understand the terms and conditions of this Agreement.
We reserve the right at any time to:
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site. Your continued use of the Site or Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
1. SERVICE REGISTRATION.
1.1 Acceptance of Agreement/Age Requirements. In order to access and use the Service for any purpose, you must sign up for an account ("Account") with us and you must affirm that you are 18 years of age or over, or the age of legal majority where you reside if that jurisdiction has an older age of majority, and legally able to view adult material. Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, you may not sign up for an Account and you shall not have the right to use the Service, which includes the right to play any games. By using the Service, you represent and warrant that you are 18 years of age or over and have the right, authority and capacity to enter into this Agreement, or you are the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. Without limiting your consent to or the scope of this Agreement or the licenses granted herein, or any future grant of rights, consent, agreements, assignments, and waivers you make with respect thereto, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. Your Account may be used only by you. You agree that you are entirely liable for all activities conducted through the Account, and are responsible for ensuring that you are aware of, understand, and comply with the terms of this Agreement and any and all other Company rules, policies, notices and/or agreements. Notwithstanding the foregoing, you shall at all times be responsible and liable for all activities conducted and items obtained through the Account. Only "natural persons," as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to establish an Account. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account.
1.3 Username/Password. As part of the registration process, you will also be asked to select a username and password for your Account which you will use each time you access the Service. We reserve all right to refuse to grant you or to terminate a username that: (i) impersonates someone else, including, without limitation, another user, Non Playing Character or NOVUS MEDIA Employee, (ii) is or may be illegal or is or may be protected by trademark or other proprietary rights laws, or may cause confusion, (iii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, (iv) is comprised of or includes the name of a popular culture icon, persona or media personality (e.g., "PamelaAnderson" or "BatMan") or religious deity or figure or your real name or surname, (v) is comprised of or includes the names (including "street" names) of any drug, narcotic or other criminal activity, (vi) includes any special characters (i.e., ASCII codes) and/or (vii) is otherwise inappropriate, regardless of our software's ability to disallow such usernames. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access the Service via your username or password to any third person. If you have reason to believe that your Account with us is no longer secure, you must promptly change your password by visiting https://sexsim2.com and immediately notify us of the problem by e-mailing our customer service department by using the Support link on the Site. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.2. SERVICE USE & RESTRICTIONS.
2.1 Basic Use. You may use the Service solely subject to the terms and conditions set forth in this Agreement. You may use the Software (as defined in the End User License Agreement) to access the Service solely subject to the terms and conditions of the End User License Agreement as well as this Agreement. You understand and agree, however, that you are solely responsible for obtaining and maintaining all telephone, cable, wireless, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto.
2.2 Code of Conduct. While using the Service and Software, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service and Software. We further reserve the right to determine what conduct is outside the "spirit" of the Service and games provided therein. While using the Service, you agree not to:
2.3 Playing Games. At all times you shall comply with the terms and conditions of this Agreement and the terms and conditions of all Game Rules and Policies provided on the Service, which are hereby incorporated herein by this reference. By playing any of the games provided on the Service, you agree to the Game Rules and Policies applicable to each game, respectively.
2.3.1 Game Forums. While playing games, you may create and/or join existing forums as part of the Service (the "Forums") for the purpose of communicating with other players regarding game play. During the registration process, you may be required to select a Forum name, such name to be subject to the restrictions applicable to usernames and group names as set forth in Section 1.3 above. While participating in a Forum, in addition to adhering to the rules of conduct set forth in Section 2.2 above, you agree not to:
You understand that much of the information included in the Forums is from other players who are not employed by or under the control of the Company. You further acknowledge that a large volume of information is available in the Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other players. The opinions expressed in the Forums reflect solely the opinion(s) of you and the other players and may not reflect the opinion(s) of the Company. We are not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on the information in the Forums or your use of the Forums. You should be aware that, when you disclose information about yourself in a Forum while using the Service, the information is being made publicly available and may be collected and used by other users. When you disclose any information in a Forum, you do so at your own risk. We have no obligation to monitor the Forums, or any postings or other materials that you or other players transmit or post on the Forums. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Forums and the postings and other materials you and the other players transmit and post; to alter or remove any such materials (including, without limitation, any posting to a Forum); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly, to protect ourselves, our sponsors and our members and visitors and/or to comply with legal obligations or governmental requests.
2.4 Hardware and Software Access. You hereby acknowledge that:
2.4.1 The Company has the right to obtain, without notification to you, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification.
2.4.2 The Company has the right to obtain, without notification to you, non-personal information from your connection to the Service or Site for demographic purposes.
2.4.3 The Company has the right to obtain, without notification to you, information from your computer, software, and parts or portions thereof, including, without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices to assist our efforts in policing users who may develop and/or use "hacks" and/or "cheats". The information obtained in this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by the Company to not be in compliance with this Agreement and any and all other Company rules, policies, notices and/or agreements.3. COMPANY MATERIALS.
The Software and Service are intended solely for playing purposes and for your personal use. You may print a single copy of any textual material available for downloading through the Service. Although the Company strives to provide content through its Service that is both useful and accurate, data and other information change frequently and are subject to varying interpretations. Accordingly, although the Company endeavors to use reasonable care in assembling such content, it may not be up-to-date, accurate or complete. In addition, portions of such content may have been contributed by various third parties and/or service providers. The inclusion of such information does not indicate any approval or endorsement of such third parties or providers and the Company expressly disclaims any liability with respect to the foregoing. Descriptions or images of, or references to, products or services available on the Service do not imply the Company's endorsement of such products or services. If you believe that certain content is incomplete or inaccurate, please contact our customer service department using the E-mail of Inquiry located on the Site with, if possible, a description of the content to be checked and the location (URL) where such content may be found.3.1 USER CREATED CONTENT.
You acknowledge that you are responsible for the text, information, graphics, sounds and other material that you submit, post, or otherwise make available to the Service, including without limitation, any items that you develop and make available in connection with this Service, and that you, and not NOVUS MEDIA, bear the full and total responsibility for each such item you create, including its legality, appropriateness, reliability, and trademark and copyright ownership. You agree that by uploading, publishing, or submitting any user created content to or through the Servers, Websites, or other areas of the Service, you hereby automatically grant NOVUS MEDIA a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service. You understand that this license enables NOVUS MEDIA to display, distribute, promote, and improve the Service. You agree that the license includes the right to copy, analyze and use any of your Content as NOVUS MEDIA may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. You agree that by creating and making available user created content for the Service, you hereby grant each user of the Service a non-exclusive license to access the your Content through the Service, and to use the Content with the Service solely as permitted by you through your interactions with the Service under these Terms of Service. You retain ownership of any copyrights or other intellectual property rights applicable to any work of authorship or information you create for the Service. You further agree that you will not upload, post or otherwise make available for the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you alone. You shall be solely and personally liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any user created content that you create. The law may or may not recognize certain Intellectual Property Rights in any particular Content, so you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any Intellectual Property Rights you hold, and that NOVUS MEDIA cannot do so on your behalf. You represent and warrant that: (i) you own all user created content posted by you on or through this Service, or that you otherwise have the right to grant the licenses to NOVUS MEDIA set forth in this section, and (ii) the posting of your user created content on or through this Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any other person or entity. You agree to pay and indemnify NOVUS MEDIA for all royalties, damages, fees, and any other monies owing any person by reason of any user created content posted by you to or through this Service.4. LINKS.
The Site may contain links to third-party websites, including affiliated web sites, that may or may not be owned or controlled by NOVUS MEDIA. You agree that NOVUS MEDIA is not responsible or liable for the Content, policies, or practices of any third-party websites, servers, or online services or environments, and the fact that the Company offers such links does not indicate any approval or endorsement of any material contained on any linked site.5. CLAIMS OF COPYRIGHT INFRINGEMENT.
Intellectual property infringement on the Service is a violation of this Terms of Service, and you agree not to engage in such infringement. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act and to terminate the accounts of repeat infringers in appropriate circumstances. If you believe in good faith that materials hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Company to locate the material on the Site; (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. NOVUS MEDIA reserves the right to disable, delete or terminate, without notice, any user's Content or access to the Service if that user is determined by NOVUS MEDIA to infringe or repeatedly infringe. Notices and counter-notices with respect to the Site should be sent to NOVUS MEDIA's Copyright Agent for Notice of claims of copyright infringement as follows:
Attn.: Legal Department
By email: firstname.lastname@example.org
6.1 Ownership. Except for the personal information and content submitted by users of the Service, the Service and Software and all content included therein (including without limitation graphics, artwork, music, animation, characters, character IDs, Forum IDs, account IDs, Modules Shop Items and/or other items acquired or created in the Service, including through the Modules Shop) are owned by NOVUS MEDIA or its licensors, and are protected by United States and other international intellectual property laws. You may not use our trademarks and trade dress in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages us. Except as expressly provided herein, we and our licensors do not grant you any express or implied rights, and all rights, title and interest that we have in and to the Service that are not expressly granted by us to you are retained by us.
6.2 Your License from NOVUS MEDIA. Subject to the terms of this Agreement and so long as you remain compliant with such Agreement, NOVUS MEDIA grants you a non-exclusive, limited, fully revocable license to use the Service, and the content contained therein in conjunction with the Service. You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any way exploit such content, except as NOVUS MEDIA expressly permits in this Agreement or the Service. Your use of such content for any purpose other than as expressly permitted in this Agreement or the Service is a violation of the intellectual property rights and other proprietary rights of NOVUS MEDIA and may subject you to civil liability and/or criminal prosecution under applicable laws.
6.4 Software. Use or downloading of the Software is conditioned on your acceptance of the terms and conditions of our End User License Agreement and any license agreements relating to such Software, including all third party agreements. By using the Software, you agree to all of the terms and conditions set forth in such agreements.7. PRIVACY/SECURITY.
We make no representation that materials available on or through the Service, including, without limitation, the Software and the games, are appropriate or available for use in all locations. Those who choose to access and/or use the Service do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is subject to United States export controls as set forth in the End User License Agreement. We reserve the right to limit, suspend, interrupt or terminate the availability of the Service, in whole or in part, to you and any other user or person, geographic area or jurisdiction, at any time and in our sole discretion. You acknowledge and agree that interruptions, delays and disruptions of the Service may occur and that the Company has no control over third party servers, systems and/or networks which may be utilized in connection with the functioning of the Service. The Company hereby disclaims all liabilities with respect to all interruptions, delays and disruptions of the Service. Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom.9. TERMINATION AND DISCONTINUATION.
9.1 Termination. This Agreement shall remain effective until terminated. If you wish to terminate your Account, you may do so by contacting our customer service department by using the Support link on the Site or by terminating your account by following the instructions on the Site. Upon our acceptance of your request, your Account will be terminated. We reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement if you violate the terms and conditions of: (i) this Agreement, (ii) the End User License Agreement, and/or (iii) any of the Game Rules and Policies. We also reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement in our reasonable discretion.
9.2 Discontinuation. You understand that the Service is provided via the Internet by the Company through the use of servers, networks and other technology. Notwithstanding anything to the contrary in this Agreement (including without limitation Section 9.1), the Company reserves the right to permanently discontinue the Service at any time. Upon such discontinuation, your Account and this Agreement shall terminate.
9.3 Effect of Termination. Upon termination of this Agreement for any reason, your right to use the Service shall immediately cease, and you shall destroy all Software and other content obtained through your use of the Service and all copies thereof. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TO PROVIDE YOU WITH A REFUND OF ANY CHARGES YOU AUTHORIZED US OR ANY DESIGNATED PAYMENT SERVICE TO CHARGE TO YOUR CREDIT CARD(S) IN CONNECTION WITH YOUR PURCHASE OF PeachPoints, WHETHER OR NOT YOU ACTUALLY USED THE PeachPoints TO OBTAIN ADD-ONS SHOP ITEMS.
9.4 Survival. Sections 6.1, 6.3, 9.3, 9.4, 10, 11, 12, 15, and 16 (as well as the definitions applicable to such sections) shall survive any termination of this Agreement or discontinuance of the Service.10. DISCLAIMERS.
THE SERVICE (INCLUDING THE SITE, THE GAMES, THE ADD-ONS SHOP ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE, THE ADD-ONS SHOP, ANY ADD-ONS SHOP ITEMS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.11. LIMITATION OF LIABILITY.
NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE, THE GAMES, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR ADD-ONS SHOP ITEMS OR PeachPoints), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE LESSER OF TWENTY U.S. DOLLARS OR THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO OBTAIN ADD-ONS SHOP ITEMS.12. INDEMNIFICATION.
The Service is provided by NOVUS MEDIA If you have any questions, comments or complaints regarding this Agreement or the Service, please contact our customer service department by using the Support link on our website, www.sexsim2.com. For inquiries related to business matters such as licensing or merchandising, please contact us at email@example.com. For inquiries related to marketing, advertising, press, etc., please contact our marketing department at firstname.lastname@example.org. NOTICE FOR CALIFORNIA USERS.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.15. LIQUIDATED DAMAGES.
You acknowledge and agree that you are not permitted for any reason or under any circumstances to hack, attempt file decryptions, crack encryptions, use cheats and/or memory altering scripts or codes or utilize unauthorized third-party manipulations programs, re-packer programs, game or client altering software or client re-interpretation methods or codes to alter the play experience or gain an unfair advantage in any of the NOVUS MEDIA games. You also are prohibited from doing the following: (1) use any type of hacks, bypass, decryptions (including but not limited to file decryption software/methods), cheats and/or memory altering scripts or codes to gain an unfair advantage over other users in any NOVUS MEDIA game; (2) manipulate and/or alter the game client and/or server memory in order to gain unearned and unjustified PeachPoints, in-game currency and/or any other Items from any NOVUS MEDIA game ; and (3) elevate your ranking in any NOVUS MEDIA game fraudulently or by any wrongful or unauthorized means. In addition you agree not to create, design, disseminate, link, distribute, provide access to or use any third party programs, bots, scripts, codes, bypass, memory scanning software, hacks or cheats designed to alter the game play or to modify the code to play the game differently than it was intended by means of programs not permitted or authorized by NOVUS MEDIA, which include, but are not limited to: hacks, private servers, cheat engines, memory altering scripts or codes (including but not limited to disconnection hacks), auto clickers, any type of bots and/or game cheats. Any use, dissemination or design of such programs shall be deemed a material breach by you of these Terms of Service for which you will be liable to NOVUS MEDIA for any resulting damages. You agree that if you host or operate a private server of a NOVUS MEDIA game or host or operate a hack site that sells hacks to a NOVUS MEDIA game or if you distribute, disseminate, design, code, moderate and/or provide free or paid access to private forums that sell or distribute hacks, or assist in the design of any private servers or third party programs (such as hacks) that alter the game play of any NOVUS MEDIA game, you will have the unconditional obligation to pay NOVUS MEDIA the sum of Two Hundred Fifty Thousand ($250,000) Dollars for each such program (including patches) and versions thereof as liquidated damages. You also agree that if you use such a program to play any of the NOVUS MEDIA games, or engage in the use of a private server, you will have the unconditional obligation to pay NOVUS MEDIA the sum of Five Thousand ($5,000) Dollars as liquidated damages for each time you use such a program, which shall be due and payable immediately upon notification to you of said infraction.16. MISCELLANEOUS.
This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regard to principles of conflicts of laws that would result in the application of the law of a different jurisdiction. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Riverside, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with the Company's prior written consent. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.