Legal Disclaimer | nibiru.co – Nibiru Entertainment™
Effective Date: August 8th, 2020
Last Updated: September 9th, 2020
Applicable To The Following Website: https://nibiru.co
Applicable To The Following Product: Genesis Network™
This Legal Disclaimer (“Disclaimer”) is applicable to the website, products and services provided through the website listed above.
THE AGREEMENT: By availing Nibiru Entertainment service(s) you agree to be legally bound by this agreement. This means that, by ordering, purchasing or using all or any of our products or services you and any legal entity you represent accepts all terms and conditions of this agreement unconditionally. You agree that this agreement is like any written negotiated agreement signed by you. You also agree that this agreement is enforceable against you and/or any legal entity that ordered our services and on whose behalf you ordered our services.
EFFECTIVE DATE: Effective Date above means the date this Disclaimer becomes effective.
The use of this website, products and services on this website are provided by Nibiru Entertainment Corp. (hereinafter referred to as “Company” or “Operator”) and are subject to this Disclaimer. Should you continue to use the website and/or products, the Company deems that as a manifestation of your assent to this Disclaimer.
The parties to this Disclaimer are the Company and you, as the user of this website and/or products. Hereinafter, the parties will individually be referred to as “Party” and collectively as “Parties.”
By continuing to use this website and/or products, you assent to each term and section contained in this Disclaimer.
You hereby understand and acknowledge that the Company is not acting as an attorney, certified financial planner, broker, or other regulated advisor through your use of the website and/or products.
If you are in need of legal advice or financial advice, please consult the appropriate advisor, such as your own attorney, accountant, or other professional.
You agree that your use of the website and/or products is at your sole and exclusive risk and that any services provided by the Company are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the website and/or products will meet your needs or that the website and/or products will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy, completeness, or quality of any information on the website and/or products, or obtained through any services. You agree that the Company is not liable for any errors, omissions, loss or damage which may be caused by your use of the website and/or products, to the fullest extent permitted by law. Any damage that may occur to you, through your computer or mobile system, or as a result of loss of your data from your use of the website and/or products is your sole responsibility.
The maximum liability of the Company arising from or relating to your use of the website and/or products is limited to the greater of one hundred ($100) US dollars or the amount you paid to the Company in the last three (3) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Documents, information, or other services received on or through this website and/or products may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility.
The Company makes no assurances to any particular outcome based on your use of the website and/or products, including business or financial outcomes.
You agree that the website and/or products provided by the Company is the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, without express written permission from the Company.
You agree not to use the website and/or products for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website and/or products in any way that could damage the website and/or products or general business of the Company.
You further agree not to use the website and/or products:
1) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
2) To violate any intellectual property rights of the Company or any third party;
3) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
4) To perpetrate any fraud;
5) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6) To publish or distribute any obscene or defamatory material;
7) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
8) To unlawfully gather information about others.
INDEMNIFICATION: You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the website and/or products, your breach of this Disclaimer or any of our other legal documents, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
Through your use of the website and/or products, you agree that the laws of Nevada shall govern any matter or dispute relating to or arising out of this Disclaimer, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions.
ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county chosen by the Company. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Nevada. Each Party shall pay their own costs and fees. Intellectual property claims by the Company will not be subject to arbitration and may be litigated, as the sole exclusion to this section. The Parties waive any rights they may have to a jury trial in regard to arbitral claims.
Additional Disclaimers and Limitation of Liability
Genesis Network™ includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Nibiru Entertainment Corp., Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Nibiru Entertainment Corp., Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the Genesis Network™, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this Genesis Network™, or will not revoke approval of this Genesis Network™ for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Nibiru Entertainment Corp. and Epic. Nibiru Entertainment Corp., Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Nibiru Entertainment Corp., Epic, Epic’s licensors, nor its or their affiliates, nor any of Nibiru Entertainment Corp.’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this Disclaimer, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Nibiru Entertainment Corp., Epic, Epic’s licensors, nor its or their affiliates, nor any of Nibiru Entertainment Corp.’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this Disclaimer or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Nibiru Entertainment Corp.’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Nibiru Entertainment Corp., Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Nibiru Entertainment Corp., Epic, Epic’s licensors, its and their affiliates, and any of Nibiru Entertainment Corp.’s or Epic’s service providers shall be limited to the full extent permitted by law.