Terms of Service for Evil Noob

Welcome to Evil Noob. This Agreement governs your access and use of software products, such as game software contained on disc or digital, offered by Evil Noob and related updates, upgrades and features as well as online and mobile services, features, content and websites offered by Evil Noov and/or live events hosted by or in connection with Evil Noob (collectively "Evil Noob Services").

BY USING EVIL NOOB SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE EVIL NOOB SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT, LIMITED LIABILITY AND IMDEMNIFICATION CLAUSES TO RESOLVE ANY DISPUTES WITH EVIL NOOB.

Definitions

  1. In these Terms, the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
  • “Evil Noob” — Evil Noob LLC, with its registered office in Miami, Florida, US.
  • “Evil Noob Materials” — All Materials appearing on or eminating to or from Evil Noob Services.
  • “Evil Noob Policies” — The policies of Evil Noob as made available on the Website and amended from time to time, including but not limited to the Privacy Statement;
  • “Content” — Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from Evil Noob Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes Evil Noob Account personas, forum posts, profile content and other Content contributed by users to Evil Noob Services. All Content is either owned by Evil Noob or its licensors, or is licensed to Evil Noob and its licensors
  • “Comments” — Any comment, opinion, advice, suggestion, recommendation or critic.
  • “Link” — Any unique hyperlink to a personal webpage on which Your Content is published as automatically generated by Evil Noob;
  • “Terms” — Terms of Service for Evil Noob, as amended from time to time;
  • “You” or “Your” — you, the final and ultimate user of Evil Noob Services or the authorized representative of a company or other legal entity that will be the final and ultimate user of Evil Noob Services, and the company or other legal entity that will be the final and ultimate user of Evil Noob Services, if applicable;

General

  1. By using or signing up for any Evil Noob Services, You enter into an agreement with Evil Noob for the use of the Evil Noob Service as well as accept the applicability and the contents of the Evil Noob Policies.

  2. You acknowledge that these Terms may be modified from time to time. Such modifications will be effective upon posting on the Website or otherwise notifying You, e.g. by using the email address used for Your registration. If You do not agree with modifications to these Terms, You can terminate these Terms in accordance with clause 14.2.

  3. In the event any provision of these Terms is found by a competent court to be invalid, unlawful or unenforceable, then such part will be severed from the remainder of these Terms which will continue to be valid and enforceable to the full extent permitted by law. As for the provision that has been found to be invalid, unlawful or unenforceable, Evil Noob and You shall enter into negotiations to agree upon a new provision replacing such invalid, unlawful or unenforceable provision, whereby the purpose and the meaning of the original provision shall be applied to the extent possible.

  4. These Terms set forth the entire agreement and understanding between Evil Noob and You with respect to the subject matter hereof. Your terms and conditions of whatever kind shall not apply, not even in addition to these Terms.

Account

  1. While accessing Evil Noob Services you may sign up. By signing-up, You warrant that the sign-up details used by You are accurate and up-to-date.

  2. To create an Evil Noob Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use the Evil Noob Service for which you are registering and must be resident of a country where use of Evil Noob Services is permitted.

  3. You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create an Evil Noob Account. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using Evil Noob Services. Evil Noob recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.

  4. You are responsible for safeguarding Your password for Your account for Evil Noob Services and for any activities and actions taking place under Your password. You are prohibited to share Your password with any third party.

  5. You shall notify Evil Noob immediately of any breach of security or unauthorized use of Your account that You become aware of.

  6. All activities that occur under Your account for Evil Noob Services are Your sole responsibility.

  7. If You have accepted the terms and conditions in these Terms and the Evil Noob Policies on behalf of a company or other legal entity, You are prohibited to use the account of Evil Noob Services after You have ceased working for such company or other legal entity.

Restrictions and Conditions

  1. Evil Noob hereby grants You the right to access and use the Website and Evil Noob Services, provided that You shall at all times comply with these Terms and the Evil Noob Policies and shall not use the Website and Evil Noob Services in violation of application laws or regulations.

  2. You shall not do any of the following while using Evil Noob Services or the Website:

    1. use Evil Noob Services for uploading and sharing any other content than the Content;
    2. use Evil Noob Services or the Website for unlawful purposes or the promotion of illegal activities;
    3. use Evil Noob Services or the Website in a way that could be detrimental to the reputation of Evil Noob;
    4. upload or share any Content that infringe intellectual property rights, including copyrights, of third parties;
    5. imply or suggest that the Content is created or endorsed by Evil Noob or Evil Noob’s licensors;
    6. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, including measures that prevent or restrict use or copying of the Content or enforce limitations on the use of Evil Noob Services or the content accessible via Evil Noob Services;
    7. decompile, decrypt, dissemble, modify, copy, reformat, create derivative works of, or reverse engineer the Website or Evil Noob Services, except as expressly permitted in these Terms;
    8. use the Website or Evil Noob Services for any purpose other than to play or generate content for non-commercial use in accordance with these Terms and the Evil Noob Policies, including, but not limited to, (a) the sale of access to Evil Noob Services, (b) the sale of advertising or promotions placed on or within the Content or Evil Noob Services or (c) the sale of advertising or promotions on any webpage containing the Content delivered in the Website, Evil Noob Services, or clone;
    9. impersonate or misrepresent Evil Noob or any third party when You make available the Content;
    10. interfere with or disrupt Evil Noob’s services, servers or network in any way.

  3. Evil Noob is constantly innovating Evil Noob Services, and You agree that the form and nature of Evil Noob Services may change from time to time without prior notice to You.

  4. You acknowledge that You may be exposed to Content of third parties that are factually inaccurate, offensive, indecent, or otherwise objectionable to You. You agree to waive any legal rights or remedies You have or may have against Evil Noob with respect to any such third party Content.

Content

  1. Evil Noob resereves rights to all Content as described in the definitions.

  2. Evil Noob is not responsible and liable for the Content and the consequences of uploading the Content and for sharing the Content by sharing the Link. Evil Noob does not endorse the Content or any advice, suggestion or opinion expressed in the Content.

  3. You warrant that You have (and will continue to have during Your use of Evil Noob Services) all necessary licenses, rights, consents, and permissions which are required to create any content .

  4. On becoming aware of any (potential) violation of these Terms, Evil Noob reserves the right (a) to remove the Content which is in violation of these Terms and (b) to disable the Link to such Content at any time, without prior notice and at its sole discretion.

Comments

  1. You are only permitted to post Comments on the Website if you are logged onto Your account.

  2. Evil Noob is not responsible and liable for Comments posted by You or third parties on the Website or in game, including Comments with respect to the Content. Evil Noob does not endorse the Comments.

  3. You shall not post Comments that:

    1. are factually inaccurate, offensive, indecent, or otherwise objectionable;

    2. (in part) consist of advertisements or promotions; or

    3. are otherwise in violation of these Terms, in particularly in violation of clause 4 above.

  4. Evil Noob reserves the right to remove Comments which are in violation of these Terms at any time, without prior notice and at its sole discretion.

Feedback and Notifications

  1. You acknowledge and agree that if You provide Evil Noob with any suggestions, comments, or other feedback about the Evil Noob Materials (jointly “Feedback”), such Feedback is given voluntarily. Even if You designate such Feedback as confidential, the Feedback will not be confidential unless expressly otherwise agreed in writing by Evil Noob, and Evil Noob will be free to use, disclose, reproduce, license, or otherwise distribute or exploit the Feedback at its sole discretion without any obligations or restrictions of any kind, including without limitation, intellectual property rights or licensing obligations.

  2. Evil Noob does not monitor the in game chat, Comments, or Content uploaded and shared on the internet regarding Evil Noob Services.

Evil Noob Materials

  1. All right, title, and interest in and to the Evil Noob Materials will remain the exclusive property of Evil Noob and its licensors. You may not delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Evil Noob Materials.

  2. Evil Noob claims no ownership over the Content.

  3. Nothing in these Terms gives You the right to use Evil Noob’s name or any of Evil Noob’s trademarks, logos, domain names and other distinctive brand features.

  4. You understand and agree that Evil Noob may be independently creating content, other products and services that may be similar to or competitive with the Content. Nothing in these Terms will be construed as restricting or preventing Evil Noob from creating and fully exploiting any such content, other products and services without any obligations to You.

Support and Updates

  1. Evil Noob may extend, enhance or otherwise modify the Evil Noob Materials (such modified Evil Noob Materials are hereinafter referred to as the “Updates”) at its sole discretion and without notice. Evil Noob shall not be obligated to provide You with any such Updates. If Updates are made available by Evil Noob, the terms and conditions of these Terms will govern Your use of and access to such Updates.

  2. We do not guarantee that any Evil Noob Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Evil Noob Service, Content or Entitlements for any particular length of time. Evil Noob does not guarantee that Evil Noob Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.

  3. Evil Noob is not obliged to provide any maintenance, technical or other support for the Evil Noob Materials, including the Updates.

Warranty Disclaimer

  1. The Evil Noob Materials are provided to You on an “as is” and “as available” basis, without warranty of any kind, express or implied, including, but not limited to, fitness for a particular purpose, availability, security, title, non-infringement or backward compatibility.

Limitation of Liability

  1. The liability of Evil Noob, its affiliates, personnel, subcontractors or agents for direct damages arising out of or in any way relating to these Terms, including in connection with or arising out of the Content, or Materials, shall in no event exceed the total amount of $10.

  2. The limitation of liability does not apply to loss or damages resulting from the intent or willful misconduct by Evil Noob or the management of Evil Noob.

  3. In no event shall Evil Noob, its affiliates, personnel, subcontractors or agents be liable for indirect and/or consequential damages or purely financial loss such as missed business opportunities, lost sales, volume and profit, and data loss in connection with or arising out of these Terms. In addition, Evil Noob, its affiliates, personnel, subcontractors or agents shall not be liable for any loss or damage which may be incurred by You as a result of:

  4. any changes which Evil Noob may make to Evil Noob Services, or any permanent or temporary (partial) termination in the provision of Evil Noob Services;

    1. the deletion of, corruption of, or failure to store the user data, or any other data provided by You in connection with Evil Noob Services;
    2. any delay, error or failure of Evil Noob in connection with game servers;
    3. Your failure to provide Evil Noob with accurate information during the registration process; or
    4. Your failure to keep the password for Your account for Evil Noob Services secure and confidential.

Indemnification

  1. You shall indemnify Evil Noob, its affiliates, personnel, subcontractors and agents from and against any and all losses, damages, liabilities, claims, demands, suits, expenses and any other out-of-pocket costs (including reasonable attorney’s fees and expenses) which Evil Noob, its affiliates, personnel, subcontractors or agents may incur or be liable for arising out of or in connection with, directly or indirectly, the use of the Evil Noob Materials by You, including but not limited to any product liability claims, even if such a claim alleges that Evil Noob was negligent regarding the design or manufacture of the Evil Noob Materials.

Suspension, Termination and Consequences of Termination

  1. The terms and conditions in these Terms shall be in effect until terminated by You or Evil Noob in accordance with this clause 14.

  2. You may terminate these Terms at Your convenience by discontinuing Your use of the Website and Evil Noob Services. Evil Noob may discontinue the Website and/or Evil Noob Services or terminate these Terms for convenience upon reasonable period prior written notice (including email or text message) to You.

  3. Evil Noob may suspend Your access to and Your use of the Evil Noob Materials, and terminate these Terms immediately in writing (including email or text message), without prior written notice (i) if You fail to comply with any term(s) and conditions of these Terms, including the Evil Noob Policies, (ii) on becoming aware of any (potential) violation of these Terms.

  4. You and Evil Noob waive their rights to rescind or annul these Terms. Articles 3:44, 6:228 and 6:265 of the Dutch Civil Code are excluded.

  5. Any terms and conditions of these Terms that by their nature should survive termination shall survive termination.

  6. On the effective date of termination of these Terms:

    1. User data shall be removed;

    2. Your right to access and use the Evil Noob Materials shall terminate;

    3. any other rights granted to You under these Terms shall immediately be relinquished by You;

    4. unless agreed otherwise by Evil Noob, Evil Noob will deactivate and delete Your account(s) and data; and

    5. You shall promptly return to Evil Noob all Evil Noob Materials and Evil Noob’s confidential information in Your or any of Your employees’, agents’, subcontractors’ or (external) advisors’ possession, without withholding any copies.

Miscellaneous

  1. You may not issue any press releases or make any other public statements regarding these Terms, the Website, Evil Noob Services or the relationship between You and Evil Noob, without Evil Noob’s express prior written consent, which may be withheld at Evil Noob’s sole discretion.

  2. You may not assign or subcontract any of Your rights or obligations under these Terms to any third party without Evil Noob’s prior written consent. Evil Noob may assign or subcontract any of its rights or obligations under these Terms at its sole discretion. Only You and Evil Noob and Your and Evil Noob’s permitted assignees or successors may enforce the terms and conditions of these Terms, except as expressly provided in these Terms.

  3. A failure by Evil Noob to give notice to You of any breach or non-fulfilment of any provision, term or clause of these Terms shall not constitute a waiver thereof, nor shall the waiver of any breach or non-fulfilment of any provision, term or clause hereof constitute a waiver of any other provision, term or clause thereof.

Governing Law and Disputes

  1. These Terms shall be governed by and construed in accordance with the laws of the United States, excluding its conflicts of law rules.

  2. To the extent permitted by applicable law, any dispute between Evil Noob and You shall exclusively be submitted to the competent court in the Miami, United States.