Jumpgate Evolution Terms of Service

Jumpgate Evolution™ ("Jumpgate Evolution" or "Game"), is composed of the Jumpgate Evolution website (www.JumpgateEvolution.com), and affiliated sites (collectively, "Site"), and offers games, activities and services including, without limitation, Jumpgate Evolution. System refers to the Jumpgate Evolution game, social networking features and all interactive features, forums, chat rooms, websites and services associated with Jumpgate Evolution.

NetDevil, Inc. and its subsidiaries and affiliates (collectively, "NetDevil") owns Jumpgate Evolution. Your use of Jumpgate Evolution is subject at all times to these Terms of Service, our Privacy Policy and any applicable End User Licensing Agreements ("EULA"). Any inconsistencies between the Terms of Service, Privacy Policy or any EULA shall be resolved to best effectuate the purposes of both documents, with the EULA taking precedence. Your Jumpgate Evolution member account ("System Account") and our System, regardless of when additional features may be added, are governed by these Terms of Service.

EACH TIME YOU USE OR ACCESS THE SYSTEM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE OR ACCESS THE SYSTEM. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.

NetDevil may, from time to time, modify, amend, or supplement these Terms of Service, and post those changes on the Terms of Service page. Such modifications, amendments or supplements shall be effective immediately upon posting on the Site. You are responsible for periodically checking the Site for changes to these Terms of Service. If you do not agree to be bound by (or cannot comply with) these Terms of Service as modified, you agree that your sole remedy is to cease using the System by canceling your Account. Your continued use of the System constitutes your agreement to be bound by the amended Terms of Service.

If you violate any of these Terms of Service, NetDevil may issue you a warning about the violation, or we may choose to immediately terminate your System Account. You acknowledge and agree that NetDevil may terminate your System Account at any time for any reason—or no reason—in its sole and absolute discretion. If your System Account is terminated, you may not re-register to obtain a new Jumpgate Evolution System Account without NetDevil's express permission. Moreover, if NetDevil terminates your System Account because of your breach of these Terms of Service or NetDevil removes, deletes or loses any of your Content (defined below), NetDevil shall have no liability or responsibility to you or any third party. In addition, if a System Account is terminated for any reason, you will lose any characters developed and items accumulated. You will not have the right to transfer, sell, or assign any characters or items to anyone else. You will not be entitled to a refund of any sort.

In the event that a System Account is terminated, NetDevil reserves the right to terminate any and all other System Accounts that share the member name, phone number, email address, internet protocol address, credit card number, or PayPal ID with the terminated System Account.

The Terms of Service and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes, constitutes the entire agreement between you and NetDevil regarding your rights and obligations in your use of the System.

I. Account Registration

By completing the Jumpgate Evolution registration process, you will establish a System Account and a Game Account ("Accounts") with which to access the System and become a Jumpgate Evolution Member ("Member"). Your Accounts allow you to participate in certain games, activities and other services made available in the System. To create an Account, you must select a username, handle and password. Your handle is your public identity. You may not use names that are used by someone else, and your handle cannot be vulgar, or otherwise offensive, or be used in any way that violates these Terms of Service or the Naming Policy herein. You must provide truthful and accurate information during the Account registration process.

You shall not share your Accounts with anyone or allow anyone else other than you to access or use your Accounts, other than your parent(s) or guardian(s) who have rights to access and manage your System Account if you are a minor. Joint or shared ownership or use of an Account by more than one individual natural person is prohibited, other than parent(s) or guardian(s) who have rights to access and manage your System Account if you are a minor. Selling or renting access to another person to your Account for the purposes of allowing them access the System is prohibited. Access to the System is intended solely for the purposes of entertainment by individual natural persons, and not for purposes of corporate, business, commercial, or income-seeking activities. Corporations, associations, partnerships, joint ventures, limited liability companies, artificial persons, and other businesses or other entities which are not a single, individual natural person, are not eligible to establish Accounts or to access the System, nor is anyone who is acting for, on behalf of, or in the course of the business of, any such artificial person or entity. Except as expressly permitted by the current EULA, accessing the System for commercial, business, or income-seeking purposes is strictly prohibited.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the System Account, and you further acknowledge and agree that all rights in and to the System Account are and shall be owned solely and exclusively by NetDevil.

A. Charges and Billing

You may create a System Account without paying any registration or subscription fees to access the Site. However, NetDevil may charge fees to access or participate in certain activities on the System. You will be informed prior to entering into any agreement whereby charges will be imposed. Any applicable fees and other charges are payable in advance and are only refundable in accordance with Section V below. NetDevil may change its fees and external billing methods which directly impact you at any time effective immediately after notice of these changes are given: (a) at the time you access your Account through our patching system (described below) or (b) on our Site. You are responsible for reviewing the billing section of the Site to obtain timely notice of such changes. If any change is unacceptable to you, you may cancel your System Account or Game Account at any time, but NetDevil will not refund any fees that may have accrued to your System Account or Game Account before such cancellation, and we will not prorate fees for any charges.

B. Payment Options

Subject to technical problems and revisions to payment policies which may be instituted by NetDevil at any time without notice, you may pay for any applicable fees and charges by major credit card, or other methods expressly authorized by NetDevil.

1. Major Credit Card.

When you provide credit card information to NetDevil, you represent to NetDevil that you are the authorized user of the credit card that is used to pay the fees and charges applicable to the subject System Account. As the System Account holder, you are responsible for all fees and charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your System Account, including your family or friends. This means that, unless your System Account or credit card information is obtained unlawfully or fraudulently by someone using your System Account, you will be responsible for all usage and purchases on your System Account.

C. Termination of System Accounts

You have the right to terminate or cancel your System Account at any time. You understand and agree that the cancellation of your System Account is your sole right and remedy with respect to any dispute, including, but not limited to, related to, or arising out of: (i) any term of these Terms of Service or NetDevil's enforcement or application of these Terms of Service; (ii) the Content (defined below) available through the System; (iii) your ability to access and/or use the System; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You may cancel your System Account by delivering notice to Jumpgate Evolution's customer service department at billing@JumpgateEvolution.com or by accessing the billing self-service portion of the Jumpgate Evolution website. NetDevil reserves the right to collect accrued fees and charges and costs incurred by you before you cancel your System Account. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your System Account is terminated or canceled for any reason, including, but not limited to a material breach of any applicable EULA, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your System Account or anything within Jumpgate Evolution associated with it (such as Jumpgate Evolution credits or in-game items). Active Jumpgate Evolution System Account holders may not allow former System Account holders whose System Account has been terminated by Jumpgate Evolution to use their System Accounts. Any delinquent or unpaid System Accounts or System Accounts with unresolved disputes must be settled before Jumpgate Evolution may allow you to register again.

II. Online Content

By "Content," we mean all games, software, communications, images, sounds, material and information you see through the System. NetDevil does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found in the System.

Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for Jumpgate Evolution. Content standards may vary depending on where you are accessing Jumpgate Evolution from and the expectations of the local community in which you reside. Some game play and chat rooms may involve use of stronger language than others, including expletives. We request that you always use your best judgment in providing or utilizing Content and engaging in other conduct in connection with the System. See Section III for additional information.

NetDevil may monitor any Content on the System at any time. But we do not monitor all of the Content on the System, and we do not attempt to do so. If you encounter any Content that you do not agree with or find objectionable, please e-mail a detailed report to customer service at support@JumpgateEvolution.com. NetDevil does not endorse, approve, or prescreen any Content that you or other users communicate on the System. NetDevil does not assume any responsibility or liability for Content that is generated by Members or other guests on the System. We reserve the right to remove Content that is objectionable to us in our sole and absolute discretion. NetDevil does not assume any liability for any failure to remove, or any delay in removing, any Content.

III. Online Conduct

You agree that you will be personally responsible for your use of the System and for all of your Content and online activity while using the System, and that you will indemnify and hold harmless NetDevil, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties arising from such conduct. Specifically, you agree to comply with all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights.

IV. Disclosure of Personally-Identifiable Information

We cannot ensure that your communications within the System and other personally identifiable information given to us will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you hereby expressly authorize us to) disclose any information about you to private entities, law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible crimes, especially those that may involve personal injury. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you use to access the System for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the System, the Game Content, and the Software and any services or software which may in the future be provided by us or on our behalf. You are encouraged to read our Privacy Policy, which governs the collection and use of personally identifiable information.

Jumpgate Evolution Rules of Conduct

A1. While participating in Jumpgate Evolution, you must respect the rights of others to play and enjoy the System as intended by NetDevil.

A2. You may not communicate any player's real-world information through the use of the System or any other means.

A3. You may not use or distribute sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language (including, by way of example, but not limited to, ethnic slurs and religious epithets), content, character names, titles, descriptions, or in-game labels (including, by way of example, but not limited to, offensive or inappropriate guild names, pet names and inscriptions).

A4. While using the System, you may not exhibit or partake in behavior that is disruptive to the Systems normal playability, causes grief or alarm to other players, or degrades the service performance or other players client software (for example, deliberately using game bugs or loopholes to disrupt the game or dropping excessive items).

A5. You may not spam or flood the in-game chat or Site with multiple posts.

A6. You may not impersonate any staff member of NetDevil or its affiliates or subsidiaries, past or present.

A7. You may not violate any local, state, national, or international laws or regulations.

A8. You may not market, promote, advertise, or solicit products or services within the System.

A9. You may not modify the System, except in ways expressly permitted by NetDevil.

A10. You may not advertise the intent to, commit the act of, or facilitate the ability of others to commit the act of, unauthorized selling, buying, transferring or sharing access to any Account.

A11. You may not advertise the intent to, commit the act of, or facilitate the ability of others to commit the act of, unauthorized selling or buying of in-game items for real-world monetary VALUES or other consideration.

A12. While participating in the System, you will follow the instructions and guidelines of authorized personnel at all times.

A13. You may not form or participate in groups whose ideology is based upon or resembles anti-religious, anti-ethnic, anti-sexual orientation, nationalistic, racist or sexist philosophies.

A14. You may not intentionally hide or falsify personal information that is deemed necessary for Account creation.

A15. You may not upload or transmit copyrighted material to any part of our System without the express consent of the copyright holder.

A16. You will not attempt to interfere with, hack into, or decipher any transmissions to or from the System or related services.

A17. You will not exploit, distribute or publicly communicate any System error, miscue or bug which gives an unintended advantage within the System, but rather will report any error, miscue or bug you find that provides an unintended advantage to us through our various bug reporting mechanisms.

A18. You may not create, post, use or distribute any utilities, emulators or other third party software tools (including, without limitation, macroing programs, botting programs, server emulators, client hacks, map hacks, and data gathering utilities).

A19. You may not harass other players or NetDevil staff, including by way of example, but not limited to, threats, stalking or abuse of others.

A20. You may not post website links or URLs in the System that point to content deemed by NetDevil to be inappropriate, including, and without limitation, any website links or URLs directed to other commercial products or services. You may not post website links or URLs to any materials (including software and other information) that could harm (or is designed to harm) other players computers or would allow others to inappropriately access software or websites.

A21. You may not use the System and/or related services for illegal activities. NetDevil is not responsible for anything you say (text or voice) in-game or in our chat rooms or forums, or for any consequences that arise from what you say. If you break the law, you alone will be responsible for the consequences. If we feel, in our sole discretion, that your chat or implied actions could result in damage being done to our game, or to one of our customers, we may turn over such evidence to law enforcement agencies to protect our interests.

A22. Although the System may involve role-playing games, you may not claim role-playing in defense of any violation of the Terms of Service.

A23. You may not conduct surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

A24. You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

A25. You may not post or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the System or any other user's computer.

A26. You may not advertise or offer to sell or buy any goods or services for any purpose, unless the System specifically allows such messages.

A27. You may not falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content.

A28. You may not restrict or inhibit any other user from using and enjoying the System or related services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, spamming, or scrolling (continuous posting repetitive text), are prohibited.

A29. You may not harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.

A30. You may not use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the System and related services or other user or usage information or any portion thereof.

A31. You may not attempt to get a password, other account information, or other private information from a member or any other user of the System and/or related services.

A32. You may not improperly use support or complaint buttons or make false reports to NetDevil administrators.

A33. You may not use the System and/or related services in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).

A34. You may not use the System and/or related services for fraudulent transactions including, without limitation, fraudulent in-game virtual transactions.

A35. You will not encourage, condone, or assist other players in violating any of their contracts or agreements with us, including but not limited to the End User License Agreement, Terms of Service or any applicable Non-Disclosure Agreement.

A36. Guild leaders and/or officers may be held accountable for the actions of their membership if we believe, in our sole discretion, that the guild is encouraging, assisting, or condoning actions that violate our agreements or contracts.

A37. We reserve the right, but not the responsibility, to take corrective action against any form of conduct or user generated content that we feel, in our sole discretion, to be against the spirit of the game.

A38. If you encounter another Member who is violating any of the items described in the Online Conduct list above, please report them using the "Help" or "Report Abuse" functions of the System.

Jumpgate Naming Policy

It is our intent to provide the universe of Jumpgate Evolution the most immersive yet empowering naming policy. This policy covers player character names, handles, guild names, and any other player entered content in regards to naming.

Phonetic spelling, purposeful misspelling, using numbers as letters, and using multiple words that produce violations are still violations. The following are specific violations.

N1. Vulgar, obscene, lewd, sexual, racist, hateful, or ethnic references or slurs.

N2. Any drug or drug paraphernalia references.

N3. Names created with the clear intent to harass, impersonate, or abuse other players, guilds, or staff.

N4. Names that are a part of the Jumpgate Evolution universe.

N5. Names from popular culture, media, religious, or historical significance or origin.

N6. Names must be pronounceable (No Xwrwjs32, Fsdfhsh). Such names may be removed.

Extreme type N1, N2 and N3 violations can result in suspension or termination of your System Account.

We reserve the right to change any name that we feel—in our sole discretion—violates the spirit of the game or the naming policy, with or without warning or consent.

NetDevil does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the System. This includes the exchange of credits, Accounts, or items on services including eBay™ or Yahoo!™ Auctions. We do not assume any responsibility for, and won't support, such transactions.

NOTE THAT YOU ARE ONLY LICENSING THE RIGHTS TO USE YOUR SYSTEM ACCOUNT AND THE SYSTEM, AND AS NETDEVIL EITHER OWNS, OR HAS EXCLUSIVELY LICENSED, ALL OF THE GAME SOFTWARE AND OTHER CONTENT WHICH APPEARS IN THE SYSTEM, NETDEVIL DOES NOT RECOGNIZE ANY PROPERTY CLAIMS OUTSIDE OF THE SYSTEM, OR THE PURPORTED SALE, GIFT OR TRADE IN THE "REAL WORLD" OF ANYTHING RELATED TO THE SYSTEM. SPEFICALLY, ALTHOUGH YOU MAY ACQUIRE, CREATE, DESIGN, OR MODIFY GAME SOFTWARE-RELATED ITEMS, YOU AGREE THAT YOU WILL NOT GAIN ANY OWNERSHIP INTEREST WHATSOEVER IN ANY SUCH ITEMS. ACCORDINGLY, YOU MAY NOT SELL GAME ITEMS OR SYSTEM ACCOUNTS FOR "REAL" MONEY OR EXCHANGE ITEMS OF THE SYSTEM, AND DOING SO MAY LEAD TO THE IMMEDIATE TERMINATION OF YOUR SYSTEM ACCOUNT AND/OR THE SYSTEM ACCOUNT OF THE MEMBER WHO HAS ACQUIRED SUCH GAME ITEMS OR SYSTEM ACCOUNTS.

YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SYSTEM ACCOUNT OR USERNAME, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR SYSTEM ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON VIOLATES THESE RULES.

Modification to System

NetDevil may at any time and from time to time revise, supplement, suspend or discontinue, temporarily or permanently, the System (or any part thereof) with or without notice to you, and terminate all licenses granted in these Terms of Service. You agree that neither NetDevil nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the System, and termination of any license.

NetDevil, in its sole discretion, may remove or delete any of your Content when such Content has exceeded a pre-determined time restriction and/or quantity, or when the System, or any component thereof, requires maintenance or upgrades.

Public Nature of Communications

You acknowledge and agree that your communications with other Members or guests via any channel of communication on this System are public and not private, and that you have no expectation of privacy concerning your use of this System. You acknowledge that personal information that you communicate on this System may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our System. You are solely responsible for these communications and their legality under all applicable laws and regulations. NetDevil is not responsible for information that you choose to communicate to other users on the System, or for the actions of other users.

Once you post or send any Content to Jumpgate Evolution, you expressly grant NetDevil the complete and irrevocable, transferable, royalty-free, and perpetual right and license to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your nickname in NetDevil's discretion, and without any notice or compensation to you of any kind. NetDevil will comply with court orders or subpoenas in any jurisdiction directing NetDevil to disclose the identity of anyone posting communications to the System.

For information regarding NetDevil's use of information collected in connection with the System, please refer to NetDevil's Privacy Policy.

Personal Use

The System is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the System. Specifically, you may not use any area of the System to collect information, including usernames, about Members, and use of such information to send unsolicited e-mail or for any other purpose. You may not attempt (or authorize, encourage or support others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the System or any component thereto. You agree to advise NetDevil promptly of any such unauthorized use(s) or attempt(s).

Liability Under Computer Fraud and Abuse Act

Prohibited Use

You agree that you will not: a. impersonate any person, including a NetDevil employee or agent while using the System; b. violate any local, state, or national law through or on the System; c. harass people through or on the System; d. collect or store data about other people using the System; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the System; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the System; g. use the System in any manner other than as expressly authorized in the Terms of Service; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the System; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the System, use of the System, or access to the System.

User Warranty

You represent and warrant to NetDevil Inc: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of another entity, you have the authority to do so; (b) you will provide complete and accurate information to NetDevil Inc, including, but not limited to your full billing and contact information; (c) the charges incurred by you will be honored by your credit card company or payment funding source; and (d) you will pay all charges that you incur with NetDevil at the then-current rates;

The use of machines, computers, scripts or any automated system on the System is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code (the "Act"). You may only play games made available through the System with one type, version or copy of the client application at any one time.

Moreover, any of the following actions may subject you to liability under the Act:

1. knowingly and with intent to defraud, accessing a protected computer without authorization, or exceeding authorized access, and by means of such conduct furthering the intended fraud and obtains anything of value;

2. knowingly causing the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causing damage without authorization, to a protected computer;

3. intentionally accessing a protected computer without authorization, and as a result of such conduct, recklessly causing damage; or

4. intentionally accessing a protected computer without authorization, and as a result of such conduct, causing damage.

Proprietary Rights; Copyrights and Trademarks

You understand and acknowledge that the Site, Content and other applications made available on the System is owned solely and exclusively by NetDevil, its licensors or it affiliates, and are protected by applicable U.S. laws and regulations, and international treaties relating to copyrights, trademarks, and other intellectual property rights. Under no circumstance will you obtain any ownership interest in any such proprietary subject matter pursuant to these Terms of Service or otherwise.

You shall not download, copy, transmit, modify, reproduce, distribute, show in public or in private, or create any derivative works of the System, Site or any Content displayed therein. Unauthorized downloading, copying, transmitting, modifying, reproducing, distributing, showing and creating of derivative works of any Content may lead to the termination of your System Account(s) and subject you to further legal action. Similarly, other Content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless NetDevil and its licensors, affiliates, employees, officers, directors and agents from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties in connection with such actions.

NetDevil Trademarks

NetDevil, Inc., its logo(s), Jumpgate Evolution™, and associated brand names and domain names are trademarks of NetDevil in the United States and other countries. NetDevil trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All other trademarks not owned by NetDevil that may appear on the System are the property of their respective owners. You may not use, and nothing contained on the System grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the System without the written permission of NetDevil or the respective owner of such trademark, service mark or logo.

Site

The Site is provided on an "as is" and "as available" basis. NetDevil reserves the exclusive right and may, at any time and without notice and liability to you, modify or discontinue the Site or delete the data that you provide, whether temporarily or permanently. Temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will NetDevil be held liable for any damages resulting from such interruptions. The Site may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Site is made available internationally and may contain references to products, programs and services of NetDevil and/or its suppliers that are not available in your location. Such references do not imply that NetDevil or its suppliers intend to make available such products, programs or services in your location.

Game Software

The System may require that you download software from NetDevil or its licensors onto your computer ("Game Software"). The right to use the Game Software is subject to the terms and conditions of the applicable EULA. You understand that NetDevil's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by NetDevil may vary depending on your computer and other equipment.

IV. Beta Tests

You may be given the opportunity to test new games and site features. Your participation as a beta tester is subject to the following terms and conditions:

Closed Beta Tests

Closed Beta Tests are confidential. The Closed Beta Test, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a Closed Beta Test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the Closed Beta Test System. You will carry out the testing personally and not provide access to the Closed Beta Test System to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to NetDevil. NetDevil is entitled to (in addition to any other remedies available to it) limit or remove your access to any beta content—without notice to you—to prevent any breach, potential breach or threatened breach. Your obligation to keep the Closed Beta Test confidential will continue until NetDevil publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

All Beta Tests (Closed And Open)

a. As a beta tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these Terms of Service or on the System shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

b. When playing some beta games, you may accumulate items, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process. We reserve the right to reset player history and erase data.

c. By using the System during the Closed Beta Period, you agree that: (i) playing beta games is at your own risk and that you know the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) NetDevil has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

d. Beta test accounts are non-transferable under any circumstances.

V. Refund Policy

All fees and/or charges incurred by a Member through the purchase of Jumpgate Evolution used in part or whole are non-refundable except in the following situation: If the Member who incurred the subject fees and/or charges can prove that the Member has been victimized by identity theft.

If you have any questions regarding our refund policy, please contact our customer service department through our help section at www.JumpgateEvolution.com.

VI. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE JUMPGATE EVOLUTION SYSTEM AND THE INTERNET IS AT YOUR SOLE RISK. NETDEVIL'S SYSTEM AND ANY THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NETDEVIL PROVIDES THE SYSTEM ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SYSTEM AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT NETDEVIL WILL HAVE ADEQUATE CAPACITY FOR THE SYSTEM AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

VII. Limitations of Liabilities

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NETDEVIL OR ITS LICENSORS IS TO STOP USING THE SYSTEM, AND TO CANCEL YOUR SYSTEM ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL NETDEVIL, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SYSTEM OR USE OF GAME SOFTWARE. MOREOVER, IN NO CASE SHALL THE LIABILITY OF NETDEVIL OR ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, OR DIRECTORS (COLLECTIVELY, "NETDEVIL AFFILIATES") TO YOU EXCEED THE AMOUNT THAT YOU PAID TO NETDEVIL FOR THE SYSTEM. FURTHERMORE, IN NO CASE SHALL NETDEVIL, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SYSTEM, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH JUMPGATE EVOLUTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NETDEVIL OR ANY NETDEVIL AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, NETDEVIL'S AND NETDEVIL AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. NETDEVIL DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SYSTEM AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, OUR LIABILITY TO YOU OR ANY THIRD PARTIES SHALL BE LIMITED TO AN AGGREGATE AMOUNT OF $100.

VIII. Links with Other Sites

For the convenience of our users, our Site provides certain links to sites provided by third parties. NetDevil is not responsible for the content of any other site linked to or from the Site. If you link to another site, you leave the Site and you do so entirely at your own risk. NetDevil provides links from the Site to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. NETDEVIL DISCLAIMS 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.

IX. Indemnification

Upon request by NetDevil, you agree to defend, indemnify and hold harmless NetDevil and its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties arising from any breach of these Terms of Service or in connection with your transmission of any Content on the System. NetDevil reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to NetDevil in that matter. The obligations set forth herein shall survive termination of this Agreement.

X. Governing Law, and Dispute Resolution Procedure

This System is operated and controlled from NetDevil's offices in North America. It can be accessed from various countries of the world. The laws of the State of California, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the System and your connection to and use of the System.

You expressly acknowledge and agree that the sole and exclusive forum for resolving any controversy or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of, the System, Game Content, User Content and/or the rights and obligations of the parties hereto shall be binding arbitration, under the American Arbitration Association ("AAA") Commercial Arbitration Rules, then in effect. The parties also agree that the AAA Optional Rules For Emergency Measures Of Protection shall also apply to the proceedings. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that this paragraph is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect.

In the event that you initiate an arbitration proceeding against NetDevil, if you initiate that arbitration in San Francisco, California, then NetDevil agrees to pay one-half (1/2) of the initial costs of bringing that action, subject to recoupment at the end of the arbitration in the event that the arbitrators do not award you the amount of damages specified in your claim. In the event that you initiate an arbitration proceeding in any other forum, you will be required to pay the full amount of the arbitration fee, in light of the costs NetDevil will be required to incur in defending an action in a foreign jurisdiction. In the event that this paragraph is held invalid or unenforceable, the remaining portions of this section shall remain in full force and effect.

XI. Void Where Prohibited

NetDevil makes no representation or warranty that any Content on the System is lawful in every jurisdiction from which such Content can be accessed, or is available for use in all jurisdictions. If you access or use the System from a jurisdiction outside the State of California you are responsible for compliance with all applicable local laws.

XII. Miscellaneous

If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms of Service will remain in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or existing agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by NetDevil. In addition, these Terms of Service and the Privacy Policy, including NetDevil's enforcement of those policies, does not give any rights or remedies to any person. These Terms of Service and all related documents are written and shall be interpreted in the English language.

You may not assign or transfer this agreement or your rights hereunder, and any attempt to the contrary is void. NetDevil may assign its rights and responsibilities under this agreement in its sole discretion. This agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, this agreement may not be modified or amended.

XIII. Contact Us

If you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about the Jumpgate Evolution System, please contact us via e-mail at support@JumpgateEvolution.com.