Terms of Use

Terms of Use

Welcome to the NakedSky.com website (the “Site”). Please read the following Terms of Use carefully before using this Site or downloading the Software (as defined below), so that you are aware of your legal rights and obligations with respect to Naked Sky Entertainment, Inc. and its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “NSE”).

By using this Site or using the Software, you signify your irrevocable acceptance of this Terms of Use. NSE has the right to revise this Terms of Use at any time without providing notice to its users. Your continued use of this Site or the Software shall be deemed irrevocable acceptance of those revisions.

NSE reserves the right to change, modify, suspend or discontinue any portion of this Site at any time. NSE may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability.

As used in this Terms of Use, the term, “Software,” includes:
·  the video game and computer game software owned or controlled by NSE and made available for download through the Site,
·  any other software owned or controlled by NSE which has been downloaded and installed on your computer, and
·  any online or enclosed documentation, data distributed to your computer and any future programming fixes, updates and upgrades provided to you by NSE.

1. Limited License
NSE grants you a limited license to access and use the Site subject to the terms and conditions of this Terms of Use. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content).

You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, NSE’s trademarks, logos or other proprietary information (including any Materials (defined below)), the content of any text, or the layout and design of any page or form contained on a page) without NSE’s express written consent. Further, you may not use any circumvention tools, meta tags or any other “hidden text” utilizing a NSE name, trademark, URL, or product name without NSE’s express written consent.

When you begin installation of the Software, you will be provided an End User License Agreement. If you accept the End User License Agreement, you will be granted a limited license to install and use the Software subject to its terms and conditions. Use of the Software is subject to this Terms of Use and the End User License Agreement.

2. Use of Materials
All materials transmitted or published by NSE on this Site (including, but not limited to the Software, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, video and audio clips, etc.) (collectively, the “Materials”) are owned or controlled by NSE, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.

Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Use is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website.

3. Online Conduct
Notwithstanding anything to the contrary, you promise that you will not:

• remove any proprietary notices from this Site, the Software or any copy thereof;

• cause, permit or authorize the modification, creation of derivative works, or translation of this Site or the Software without the express permission of NSE;

• sell, assign, rent, lease, act as a service bureau, or grant rights in the Software including, without limitation, through sublicense, to any other person or entity;

• export or re-export the Software in violation of United States export laws;

• use this Site or the Software for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein;

• copy the Software (other than as provided under United States copyright laws);

• access or modify the source code of the Software in any way;

• use the Site or the Software to, or in any way that would, violate any applicable law, regulation or ordinance;

• use the Software or this Site for fraudulent purposes;

• attempt to decompile, reverse engineer, disassemble or hack this Site or the Software, or to defeat or overcome any encryption and/or digital rights management technology implemented by NSE with respect to this Site, the Software and/or data transmitted, processed or stored by NSE, this Site or the Software;

• take any steps to interfere with or in any manner compromise any of NSE’s security measures; or

• use this Site or the Software to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam; (D) otherwise violates this Terms of Use in any way; or (E) obstructs or otherwise interferes with the normal performance of another person’s use of the Site or the Software.

4. Disclaimer
THIS SITE AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY NSE OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE AND THE SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, NSE DOES NOT WARRANT THAT THIS SITE, THE SOFTWARE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE, THE SOFTWARE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE AND/OR THE SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

5. Limitation of Liability
IN NO EVENT SHALL NSE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF NSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE AND CEASE USE OF THE SOFTWARE.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

6. Links to Third Party Sites
The links provided throughout this Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of NSE in any manner whatsoever. Therefore, NSE is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. NSE is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by NSE of any linked site and/or any of its content therein.

7. Term of Use
The license for use of this Site or the Software is effective until terminated. This license will terminate as set forth within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by NSE to effect such termination. Sections 3 through 16 of this Terms of Use shall survive any termination or expiration of the license for the use of this Site or the Software.

8. Your Representations and Warranties
You represent and warrant that:

• you possess the legal right and ability to enter into this Terms of Use and to comply with its terms;

• you will use this Site and the Software for lawful purposes only and in accordance with this Terms of Use and all applicable laws, regulations and policies;

• you will only use this Site and the Software on a computer on which such use is authorized by the computer’s owner; and

• you are over 13 years of age.

9. Indemnity
You agree to indemnify, defend and hold harmless NSE, and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), 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 any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Use or any policy or guidelines referenced herein, or (ii) use or misuse of this Site or the Software.

10. Notification of Copyright Infringement
NSE may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize NSE to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

NSE will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, please notify NSE’s Copyright Agent identified below.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following:

(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

(b) a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled;

(c) a description of the exact name of the infringing work on this Site (and the location of the infringing work, if it appears on this Site) or if the infringing work appears on a site linked to from this Site where the material that you claim is infringing is located on such site;

(d) information sufficient to permit NSE to contact you, such as your physical address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.

To reach NSE’s Copyright Agent for Notice of claims of copyright infringement:

By email:
dmca@nakedsky.com

By mail:
Copyright Agent
Naked Sky Entertainment, Inc.
811 Willshire St. STE 810
Los Angeles CA 90020

By telephone: 213-804-3450
By fax: 801-881-9188

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Software. All other inquiries directed to the Copyright Agent will not be responded to.

11.  Export Control Law; Notice to U.S. Government Users
The export and re-export of the Software is controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading the Software or using this Site, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All NSE products and publications are commercial in nature. The Software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

12. Severability
If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

13. Copyright
NSE holds the copyright for all copyrighted and copyrightable materials on the Site, including, without limitation, the NSE trademark, logo, design, text, graphics, forms and any other applicable Materials, including the selection and arrangement of such elements. In addition, the entire Site is copyrighted as a collective work under the United States and other copyright laws. NSE holds the copyright in the Materials as well as the collective work. The collective work includes works that are licensed to NSE. The collective work may also include works that are the property of NSE’s licensors, which are also protected by copyright and other intellectual property laws.

14. Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of NSE used herein are trademarks or registered trademarks of NSE. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

15. Miscellaneous
NSE reserves all rights not expressly granted herein. NSE may modify this Terms of Use at any time by posting the revised Terms of Use on this Site. Your continued use of this Site, and/or the Software shall constitute your acceptance of such revised Terms of Use. You may not assign any rights granted to you hereunder. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and NSE. The failure of NSE at any time or times to require performance of any provision hereof shall in no manner affect.