ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. I agree that Nay Games LLC, a Utah limited liability company (“Nay Games”) shall have the full right to use all information and data created and or edited by me solely or jointly with others using Bubble Ball Level Creator (“Levels”) in any way, modified or unmodified, without limitation. I agree that Nay Games shall have full ownership of all rights, titles, and interests, including the “moral rights” in, and copyright to, the Levels, in perpetuity, throughout the world.
I agree that Nay Games shall have the exclusive worldwide rights in the Levels, including the right to reproduce, distribute by any means – including electronically – or exploit the Levels, in whole or in part, separately or combined with other works; in any form or medium, including paper, magnetic, CD-ROM, video, audio, multimedia, optical, or electronic, or any medium now known or invented hereafter. Nay Games shall have the right to prepare and exploit derivative works based on the Levels.
I understand and agree that the decision whether or not to commercialize or market any Levels is within Nay Games’ sole discretion and for Nay Games’ sole benefit and that no royalty will be due to me as a result of Nay Games’ efforts to commercialize or market any Levels.
I agree that the content I create or publish related to the Levels shall not violate or infringe on any copyright or break any laws, and shall contain nothing libelous, unlawful, or offensive.
I agree that this site and the materials, information, services, and products in the site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. Nay Games disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose, non-infringement, and freedom from computer virus. Nay Games does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the
server that makes the site available are free of viruses or other harmful components. Nay Games does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Nay Games shall have no responsibility or liability for maintaining or archiving Levels or safekeeping of any data.
This Agreement shall be governed by the laws of the State of Utah. The parties shall submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Agreement or the breach thereof. Venue shall be in Utah County, Utah, in the Fourth Judicial District Court for Utah County or other venue as agreed upon in writing by the parties involved.