NIHILISTIC SOFTWARE WEBSITE TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

1. AGREEMENT TO TERMS OF USE

Welcome! Nihilistic Software, Inc. ("Nihilistic" or "us" or "we") welcomes you to our website at www.nihilistic.com (the "Site").

By using or accessing the Site, you are agreeing to these Terms of Use, our Privacy Policy and all other policies or notices posted by us on the Site.

If you don't agree to these Terms of Use, don't use the Site. We can change these Terms of Use at any time without any notice to you. It is your responsibility to review these Terms of Use from time to time for any changes as it creates a binding legal agreement between you and Nihilistic. If you use the Site after we've changed any of the Terms of Use, you are agreeing to all of the changes. Again, if you do not agree, don't use the Site.

As long as you comply with these Terms of Use, Nihilistic grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Site.

2. CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned by Nihilistic or other third parties, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

3. CHANGES TO THE SITE/UPDATES/TERMS

Nihilistic reserves the right to make changes in any services described on the Site at any time without notice. Nihilistic may make changes to the Content or the Site at any time without notice. Nihilistic makes no commitment to update the Content or the Site. Nihilistic reserves the right to make changes to the Site and the disclaimers, terms, and conditions at any time.

4. LICENSE TO USE CONTENT; LIMITS ON USE

The Content is intended for you to view for informational purposes only.

Any other use, including the framing, linking to, reproduction, modification, distribution, transmission, republication, display, resale, data extraction, or data mining of the Content on the Site, or the preparation of derivative works based on the Content of the Site, is strictly prohibited. You will not tamper with, disable, reverse engineer, decompile or otherwise interfere with the proper functioning of the Site, or any content, proprietary notice, copyright management system or software associated with the Site, or misrepresent your identity in connection with any use thereof. All rights not expressly granted herein are hereby reserved.

5. USER GENERATED CONTENT

Nihilistic may give you the opportunity to post your comments on the Site via a comment board or blog. If you choose to submit any comments, you must do so in accordance with the user conduct rules set forth below. In addition, by posting your comments, you give Nihilistic the right to use, copy, modify, display and transmit your comments. You acknowledge that Nihilistic has the sole discretion to delete your comments and that Nihilistic has no obligation to keep your comments posted on the Site.

6. CHILDREN'S PRIVACY AND MATURE CONTENT

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Please be aware that certain areas on the Site contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Site that you find offensive, indecent or objectionable. By using the Site you assume all risk associated with its use. We encourage parents to supervise their children's use of the Site and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents: if you have any concerns about the Site, please contact us via our online form available at www.nihilistic.com.

7. USER CONDUCT

Nihilistic is very concerned about the privacy and safety of all users, especially children.

You shall not:

1. submit any information or link to any content, information or service which is obscene or contains pornography of any kind;
2. use the Site to commit any dishonest act, act of fraud or any act which infringes any third party rights;
3. submit any information or link to any material which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
4. submit any information or link to any material which is defamatory, libelous, harassing or threatening of or to any person or organization;
5. submit any information or link to any material which is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
6. submit any information or link to any material which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
7. undertake any activity which creates liability or damage or potentially creates liability or damage to Nihilistic or its computer systems or its service providers;
8. send unsolicited e-mail to other users; or
9. harvest or collect information about other users, including e-mail addresses.

8. TRADEMARKS

All brand, product and service names used on the Site which identify Nihilistic or other third parties and their proprietary products and services are the trademarks or service marks of Nihilistic or other third parties. You may not use, and nothing contained on the Site grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Nihilistic or the respective owner.

9. AVAILABILITY OF SITE

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Nihilistic or its suppliers be held liable for any damages due to such interruptions. The Site and the Content may include technical inaccuracies or typographical errors.

10. LINKS WITH OTHER SITES

Nihilistic is not responsible for the content of any other web site linked to or from the Site. If you link to another site, you leave the Site. If you decide to link to another site, you do so entirely at your own risk. Nihilistic may provide links from the Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.

11. NO SUBMISSION OF MATERIALS

Do not submit materials for consideration by Nihilistic without our prior written consent. Please be advised that Nihilistic may use and evaluate any art, ideas, descriptions or other information ("Materials") you do submit to determine its interest in pursuing a possible business relationship with you. You acknowledge that Nihilistic also receives materials and information from other third parties and that Nihilistic also develops new products internally, including video games and computer software. Any Materials you submit to Nihilistic may be similar to information or descriptions of other products Nihilistic currently has in its possession or that Nihilistic may develop or receive at a later date, and you agree not to assert any claim against Nihilistic or its customers in connection with any such similarities. Nihilistic is under no obligation to evaluate or use any Materials you submit to it. Nor does Nihilistic's acceptance of such Materials prevent Nihilistic from marketing or developing other products which may be similar in idea or concept, so long as Nihilistic does not infringe on any U.S. copyright or patent owned by you.

12. PRIVACY

Nihilistic's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Nihilistic's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

13. DISCLAIMERS

NIHILISTIC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NIHILISTIC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. NIHILISTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NIHILISTIC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR ANY NIHILISTIC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NIHILISTIC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES, AND IN ITS ABSENCE NIHILISTIC WOULD NOT MAKE THE SITE AVAILABLE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Nihilistic reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (b) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (c) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (d) revoke or suspend any login or password.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT WILL NIHILISTIC BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR COST OF REPLACEMENT, EVEN IF NIHILISTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, NIHILISTIC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, NIHILISTIC'S LIABILITY SHALL IN NO EVENT EXCEED US$100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

15. INDEMNITY

You agree to indemnify and hold Nihilistic, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Nihilistic by any third party due to, or arising out of, or in connection with, your use of the Site and any user generated content you post on the Site. Your indemnification obligation will survive these Terms of Use and your use of the Site.

16. VIOLATION OF THESE TERMS OF USE

Nihilistic may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Nihilistic's rights or property, or the rights or property of visitors to, or users of, the Site, including Nihilistic's customers. Nihilistic reserves the right at all times to disclose any information that Nihilistic deems necessary to comply with any applicable law, regulation, legal process or governmental request. Nihilistic also may disclose your information when Nihilistic determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Nihilistic may preserve any transmittal or communication by you with Nihilistic through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Nihilistic determines that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of Nihilistic, its employees, users of or visitors to the Site, and the public.

You agree that Nihilistic may, in its sole discretion and without prior notice, terminate your access to the Site or block your future access to the Site if: (a) we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site, (b) we are requested to do so by law enforcement or other government agencies, (c) we receive a request from you to do so (including self-initiated account deletions), (d) we discontinue or modify the Site or any service offered on or through the Site, or (e) we experience unexpected technical issues or problems. You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Nihilistic, for which monetary damages would be inadequate, and you consent to Nihilistic obtaining any injunctive or equitable relief that Nihilistic deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Nihilistic may have at law or in equity.

If Nihilistic does take any legal action against you as a result of your violation of these Terms of Use, Nihilistic will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Nihilistic. You agree that Nihilistic will not be liable to you or to any third party for termination of your access to the Site.

17. GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to, or use of, the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco, California, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Nihilistic and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN 1 YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

18. EXPORT CONTROL

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

19. MISCELLANEOUS

These Terms of Use, together with our Privacy Policy and any other legal notices we have published on the Site, constitute the entire agreement between you and us regarding this Site. If a court having proper authority decides that any portion of these Terms of Use is invalid, only the part that is invalid will not apply. The rest of these Terms of Use will still be in effect. If we waive any of our rights under these Terms and Conditions in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction.