MINDNIGHT TERMS OF SERVICE and EULA

Last Modified: 11/23/2017

 

No Moon® - MINDNIGHT- Terms of Service and End-User License Agreement (EULA)

These terms and conditions outline the rules and regulations for the use of No Moon - MINDNIGHT’s - website/game/forum/Discord/associated sites and applications.

No Moon’s remote address is located at:

No Moon, LLC.

723 31st St

Denver CO 80205

 

 

By accessing this website/game and/or purchasing our game/game keys, we assume you accept these terms and conditions in full. Do not continue to use No Moon - MINDNIGHT's website if you do not accept all of the terms and conditions stated on this page.

 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website/game and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the United States of America.

 

Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Cookies

 

We employ the use of cookies. By using MINDNIGHT's website you consent to the use of cookies in accordance with No Moon’s privacy policy.

Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies. See our privacy policy for more details.

 

 

License

 

Unless otherwise stated, No Moon - MINDNIGHT and/or it’s licensor own the intellectual property rights for all material on No Moon - MINDNIGHT All intellectual property rights are reserved.

 

You must not:

 

- Sell or resell material (including digitally-exclusive game keys) from No Moon - MINDNIGHT or associated sites/games/applications. This especially applies to G2A.

 

- Republish material from No Moon - MINDNIGHT or associated sites/games/applications

- Sell, rent or sub-license material from No Moon - MINDNIGHT or associated sites/games/applications

- Reproduce, duplicate or copy material from No Moon - MINDNIGHT or associated sites/games/applications

 

 

User Comments

 

This Agreement shall begin on the date hereof.

 

Certain parts of this website/game/community throughout multiple sources offer the opportunity for users to post and exchange opinions, information, material and data ('Comments'). No Moon - MINDNIGHT does not screen, edit, publish or review Comments prior to their appearance on the website/game and Comments do not reflect the views or opinions of No Moon - MINDNIGHT, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws No Moon - MINDNIGHT shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website/game.

 

No Moon - MINDNIGHT reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

 

 

You warrant and represent that:

 

You are entitled to post the Comments on our website/game/other community sites and have all necessary licenses and consents to do so;

The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

 

The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy

 

The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

 

The comments are not “revenge” comments/reviews to retaliate against a recent warning, ban, or “feature/change extortion” attempt.

 

The comments are not an attempt to extort features and/or changes.

 

You  by grant to No Moon - MINDNIGHT a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

 

Email/Newsletters

 

Upon signing up for an account or making a purchase, you may receive periodic newsletters that you can unsubscribe to at the bottom of any email. Some standard “transactional” emails are temporarily delivered that cannot be unsubscribed, such as purchase receipts. Forum email/newsletters may be on a separate list and can be managed in your profile/settings.

Hyper-linking to our Content

 

The following organizations may link to our website without prior written approval:

 

Government agencies;

 

Search engines;

 

News organizations;

 

Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyper-link to our website.

 

These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

 

We may consider and approve in our sole discretion other link requests from the following types of organizations:

commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;

 

dot.com community sites;

 

associations or other groups representing charities, including charity giving sites,

 

Online directory distributors;

 

Internet portals;

 

accounting, law and consulting firms whose primary clients are businesses; and

educational institutions and trade associations.

 

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyper-link outweighs the absence of No Moon - MINDNIGHT; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

 

These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

 

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to contact@nomoon.io. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

 

Approved organizations may hyper-link to our website as follows:

 

By use of our corporate name; or

 

By use of the uniform resource locater (Web address) being linked to; or

 

By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party's site.

 

No use of (cname)’s logo or other artwork will be allowed for linking absent a trademark license agreement.

 

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our website.

 

 

Content Liability and Use of Content/Ideas

 

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

Although we welcome feedback, ideas, suggestions, feedback, submissions, and anything posted on the No Moon - MINDNIGHT forum, in-game, on Discord, one of our social sites, or any contact or site of or relating to No Moon - MINDNIGHT becomes copyrighted, intellectual property (IP) of No Moon - MINDNIGHT. This statement is so that no one attempts to sue us if we use an idea that is either of our own or otherwise similar or the same as an idea submitted in the aforementioned locations. Please do not submit ideas, art or anything you would not intend for No Moon to use as their own IP. Although most situations, No Moon will do our best to credit what No Moon considers "major ideas", it is not guaranteed.

Regardless of what is actually said in any content of, or relating to, No Moon and/or MINDNIGHT, by using our games, sites and services, you hereby agree that any and all submissions become property of No Moon (in the form of a worldwide, perpetual, unrestricted, irrevocable license) and that No Moon may use such submitted content for any purpose in any form - in either public or private matters.

 

 

Reservation of Rights

 

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

 

 

Uptime Guarantee

 

As we are an independent game studio, there will be no uptime guarantee for our services. However, we will make every attempt to to try our best to ensure our services are up-and-running, budget permitting.

 

Payment Policy: Steam

 

If you purchased the game through Steam, Steam has internal policies.

 

Refund Policy

 

If you bought the game through Steam, you are eligible for a refund through Steam.

 

Disclaimer

 

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

 

- limit or exclude our or your liability for death or personal injury resulting from negligence;

 

- limit or exclude our or your liability for fraud or fraudulent misrepresentation;

 

- limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

 

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

 

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

 

Player Code of Conduct + Other Extension Agreements

 

As an end-user to No Moon’s website/game, you agree to abide by our code of conduct. As an end user, you agree to the following:

I will not cheat by using third-party software, third-party communication tools, or ruin the game for others in any way involving applications or communication outside the game and match per our game rules. This includes “stream sniping” (using a content stream, such as from Twitch, to create an unfair advantage).

 

I will not “give away” the game by revealing a role, alias, or other game information to others via any form of communication . We will know.

 

I will not harass, abuse, use racial/discriminatory slurs, or “excessively” swear/insult or Spam others.

 

I will not game-throw. This means, but not limited to, going against your objective,, leaving the game while playing, revealing information obtained outside the normal game mechanics (meta-gaming, stream sniping), and/or any other related scenario that involves ruining the game/match for otherwise giving away information that ruins/spoils the game for others. Ultimately decided by No Moon, inspired by community feedback/standards, consequences will ensue.

 

Firstly the very definition of game-throwing is as follows: Actively sabotaging your own team with intent or making a conscious decision to reveal information about your team to somebody that you personally believe to be harmful to your team's goals.

I will not threaten, harass, be “overly creepy” (as deemed by No Moon), or abuse any community members, including the developers - not even jokingly.

 

I agree to Steam’s subscriber agreement athttp://store.steampowered.com/subscriber_agreement/

 

I agree to Steam’s code of conduct at http://store.steampowered.com/online_conduct

 

Code of Conduct also applies when talking to or about developers - please don’t insult the developers.

 

Breaking the Code of Conduct conditions above (or any violating any element of this agremeent or any extended agreement linked above, in any form) may result in disciplinary action, not limited to suspensions, account limitations/alterations or even permanent banning of your account without a refund.

 

Users can be furthermore banned and/or have their account restricted/altered at any time for any reason (“Account Restrictions”). Account Restrictions is also not limited to the game, but also affiliated websites, forums, and communities (including Steam) - although No Moon - MINDNIGHT can do perform Account Restrictions for any reason, we generally only do this for breaking the agreements within this EULA (or any extension of this EULA, mentioned within) - and generally after previous warnings/bans (although, not always). No Moon has no obligation to share reasons for Account Restrictions. However, Account Restrictions reasons are generally shown.

 

YouTube/Twitch/Streaming

 

Streaming/YouTube, etc - Stream away! You have our permission. Although MINDNIGHT  assets are copyrighted, players can create content with and about MINDNIGHT.

 

The only limitation is that No Moon may demand an asset/content/removal/takedown if No Moon deems it necessary.

 

 

Age

 

By using any No Moon service, you agree that you are at least thirteen (13) years of age and/or have parental consent to use our services or anything related with/to No Moon and/or associated products/projects/games/websites/content.

EULA Revisions

 

There will likely be an iteration of revisions throughout the game’s lifetime and can find the latest version here  - By continuing to use our services, you agree to adhere to the updated revisions. If you do not agree, please do not use our services.

 

Privacy Policy

 

Our Privacy Policy can be found here.

 

Contact Information

 

If there are any questions regarding these terms of service, you may contact us using the information below:

contact@nomoon.io

 

No Moon, LLC.

723 31st St

Denver CO 80205

 

 

 

 

© 2017 copyright by No Moon. All rights reserved.
RULES OF CONDUCT