Terms of Service
Last Updated: 07/01/22
This document (the “Agreement”) constitutes a legal agreement between you and Narrative 4, Inc. and its related companies and affiliates (collectively, “N4,” “we,” or “us”) that governs the relationship between you and N4 with respect to your use of our website (www.narrative4.com) and any other N4 products, services and websites that link to this Agreement (collectively, the “Service”).
- PROPRIETARY RIGHTS. All content and materials comprising the Service, including without limitation, software, computer code, HTML, APIs, design, artwork, graphics, icons, photos, video, animations, sounds, musical compositions, audio-visual effects, objects, concepts, formats, effects, methods of operation and documentation, and the selection and arrangement thereof (“Content”) and the trademarks, service marks, trade dress and logos contained therein (“Marks”) are owned by N4 or its licensors. All other trademarks, service marks, trade names and logos used on the Service, with or without attribution, are the property of their respective owners.
You acknowledge and agree that the Content and Marks are protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and laws of the United States and similar laws of other jurisdictions. N4 reserves all rights, including without limitation, all intellectual property rights and other proprietary rights, in connection with the Content and Marks.
You will not obtain any ownership interest in the Content or Marks through this Agreement or otherwise. All rights to the Content not expressly granted in this Agreement are reserved to their respective owners. Except as expressly authorized by this Agreement or on our Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content or Marks in any form or by any means, without the prior written authorization of N4 or the respective owner, which may be granted in its sole discretion.
- LIMITED LICENSE TO USE THE SERVICE. Subject to your compliance with this Agreement, N4 grants you a limited, revocable, non-exclusive, non-transferable, license to use and access the Service, solely for your personal, non-commercial use.
You agree not to (a) use the Service for any use or purpose other than as expressly permitted by this Agreement, or (b) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion thereof, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by N4 or its licensors, except for the permissions and rights expressly granted in this Agreement.
If you violate this Agreement, N4 reserves the right to immediately and without notice terminate or suspend your access to the Service.
- USER GENERATED CONTENT. User generated content (“UGC”) is defined as any content, material, data and information that you create, upload to, or transmit through the Service, or that you have authorized N4 to extract from your Third Party Service profile, including, without limitation, text, images, stories, photos, suggestions, comments, reviews, ratings, questionnaires and survey answers.
By posting UGC on, through or in connection with the Service, you hereby grant to N4 a non-exclusive, perpetual, worldwide, irrevocable, royalty-free and transferable license to use, reproduce, adapt, modify, edit, excerpt, translate, sub-license, publicly perform, publicly display, distribute, and create derivative works and compilations from such UGC, in whole or in part, for any purpose (including commercial purposes) on or in connection with the Service in all media formats now known or hereafter devised. If your UGC reproduces your name, likeness, image, or voice (collectively, “Image”), you acknowledge and agree that N4 has the right to use your Image in connection with the UGC pursuant to the broad license stated above. In addition, you acknowledge and agree that users of the Service may be allowed to: (a) comment on, review and rate your UGC and that such comments, reviews and ratings may be published on the Service and viewed by others; and (b) share your UGC on other websites and media platforms.
N4 is not required to use or publish your UGC and its use of your UGC shall not require any further notice or payment to you of any kind. N4 reserves the right (but not the obligation) to remove and permanently delete any UGC from the Service with or without notice for any reason. UGC is not confidential and will not be returned to you.
You agree not to share, post, or otherwise disseminate any UGC that is, in N4’s sole discretion, offensive, demeaning, defamatory, or otherwise inappropriate, including but not limited to: content that directly or indirectly threatens an individual or group, promotes self-Injury or suicide, is bullying or harassing, facilitates criminal or otherwise illegal activity, promotes sexual violence or exploitation, or is hate speech.
You represent and warrant that: (a) you own all rights to your UGC and have the authority to grant the license set forth above; (b) if your UGC contains any Images (as defined above) or content owned by any third parties, you have obtained all necessary permissions and licenses to grant the rights herein; and (c) the full and free exercise by N4 of your UGC will not conflict with or violate the privacy rights, publicity rights, contract rights, copyright or any other intellectual or proprietary rights of any person or entity. You agree to indemnify N4 for any losses which N4 may incur related to your UGC or breach of any representation related to your UGC as set forth in the indemnification provision of this Agreement.
- DMCA POLICY. N4 respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) your contact information, including your address, telephone number, and an email address; (e) a statement by you that you have 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 (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, N4 Games will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
Narrative 4, Inc.
Attn: Copyright Agent
1178 Broadway, 3rd floor
New York, NY 10001
Phone: (561) 203-9572
- RULES OF CONDUCT. Your use of the Service is subject to all applicable local, state and national laws and regulations. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your account. You shall not use, allow, or enable others to use the Service, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, vulgar, indecent, or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Service, or from advertising, linking or becoming a supplier to us in connection with the Service;
- use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”;
- unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- contact anyone who has asked not to be contacted; “stalk” or otherwise harass anyone;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
- gain unauthorized access to the Service, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service;
- disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights of use and enjoyment of the Service by any other person, firm or enterprise; or
- use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement.
6. USER FEEDBACK. In general, N4 does not accept, via the Service or otherwise, unsolicited submissions including, without limitation, submissions of information, suggestions, proposals, ideas or concepts (collectively, “User Feedback”). Therefore, any similarity between an unsolicited submission and any elements of the Service would be purely coincidental. However, on occasion, we may request feedback from our users in the form of a survey or similar submission. All User Feedback provided by you to N4, whether solicited or not, and all rights contained therein, will become the sole property of N4 and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as N4 sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever in connection with your User Feedback or N4’s use thereof.
7. LINKS AND THIRD-PARTY WEBSITES. The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by N4 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
8. DISCLAIMER OF WARRANTY. Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, N4 AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. No advice or information, whether oral or written, obtained from N4 or through the Service, will create any warranty not expressly made herein.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, N4 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR UGC, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT N4 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10. INDEMNIFICATION. Upon N4’s and/or its licensors’ request, you agree to defend, indemnify and hold harmless N4, its licensors and any N4 affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of this Agreement for which you are responsible or in connection with your distribution of any UGC on or through the Service. Without limiting the generality of the foregoing, you agree to indemnify and hold N4 and its licensors harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account. You agree that you will be personally responsible for your use of Service and for all your communication and activity on the Service, including any content you contribute, and that you will indemnify and hold harmless N4, N4’s licensors and N4 affiliates from any liability or damages arising from your conduct on the Service, including any UGC that you contribute.
11. EXPORT CONTROLS. Software available in connection with the Service (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
12. CHANGES TO THIS AGREEMENT. We may make changes to this Agreement from time to time. We will post any changes to this page along with a notice of the last date that any changes were made. Your continued use of the Services following the posting of any changes will mean you accept those changes.
13. GENERAL PROVISIONS
- This Agreement states your entire agreement with N4 regarding the use of the Service. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
- No delay or failure to take action under this Agreement shall constitute any waiver by N4 of any provision of this Agreement.
- This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with N4 or affiliates or relating in any way to your use of the Service resides exclusively in the courts of Illinois, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Illinois, Cook County, in connection with any such dispute.
- Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
- This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by N4 without restriction.
14. CONTACTING US. If you have any questions about this Agreement, or the practices of N4 or the Service, please contact us at email@example.com.
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