Last updated: 10/30/12
AGREEMENT AND SERVICES
controls, is controlled by, or is under common control with,
such party, and the term “Nimble Offerings” means the web sites of Nimble Development, Inc., including www.nimbledev.com, forum.nimbledev.com, blog.nimbledev.com, or
third party sites or sources, including the products and services available through any of the foregoing. Applications include, but are not limited to, WordGap and NimbleVue.
When you access a Nimble Offering, send e-mails or electronically chat with Nimble, you are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting notices in the Nimble Offerings. You agree that all agreements, notices, disclosures and other
communications that Nimble provides to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
any Nimble Offering. Inappropriate, obscene, defamatory, offensive language, crude or explicit sexual content, discussions of any matters which are explicitly
or by inference illegal in any way, discussions of illegal or any other drugs, and racially and ethnically offensive speech are examples of unsuitable content that
are not permitted within the Nimble Offerings. Content standards may vary depending on where you are within a Nimble Offering and the expectations of the relevant
game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and
conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within a Nimble Offering.
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Nimble Offerings, including, without limitation, to ensure
that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in
our sole discretion. Nimble does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Nimble Offerings. Nimble
does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Nimble Offerings. You agree to
indemnify Nimble and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any
liability or damages arising out of or resulting from any content you post or communicate on or through the Nimble Offerings.
- Posting, transmitting, promoting, or distributing any content that is illegal
- Harassing or threatening any other user of a Nimble Offering or any employee or contractor of Nimble
- Impersonating another person, indicating that you are a Nimble employee or a representative of Nimble (if you are not), or attempting to mislead users by indicating that you represent Nimble in any way
- Attempting to obtain a password, other account information, or other private information from any other user of a Nimble Offering
- Uploading any software, files, photos, images or any other content to a Nimble Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
- Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any Nimble Offering.
- Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
- Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Nimble representatives.
- Posting or communicating any player’s real-world personal information within a Nimble Offering or by or through a Nimble Offering or any related bulletin board.
- Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
- Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Nimble Offering, or using or launching any unauthorized script or other software.
- Using a false e-mail address or otherwise disguising the source of any content that you submit within a Nimble Offering, or using tools which anonymize your internet protocol address.
- Interfering or circumventing any Nimble Offering security feature or any feature that restricts or enforces limitations on use of or access to a Nimble Offering.
- Attempting to sell any part of a Nimble Offering, including, without limitation, any virtual items (if applicable), Nimble accounts and access to them in exchange for real currency or items of monetary or other value.
- Engaging in cheating or any other activity that Nimble deems to be in conflict with the spirit of a Nimble Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or
bulletin boards, and any other similar types of communications and submissions on or through any Nimble Offering, are non-confidential, public communications, and you have
no expectation of privacy concerning your use of or participation in any Nimble Offerings (other than with respect to the information you provide to us in establishing your
Nimble account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Nimble Offering may be seen and used by others and may
result in unsolicited communications. Nimble is not liable for any information that you choose to submit or communicate to other users on or through any Nimble Offerings, or
for the actions of any other users of any Nimble Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any Nimble Offering, that such materials do not infringe any proprietary
or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Nimble and their respective
employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content.
If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Nimble permission to use any
such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or
materials on or through a Nimble Offering, you expressly grant Nimble the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify,
adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit
in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to
immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the Nimble Offerings to collect information, including login names, about other users, and use of such information to send unsolicited
e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Nimble Offerings, or otherwise exploit your participation on or
through any Nimble Offerings for any commercial purpose.
You may have occasion to download games or other software from Nimble, its principals or its licensors onto your computer (“Nimble Software”). Subject to your compliance with
Nimble Offerings. The Nimble Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by
you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Nimble
NIMBLE IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY NIMBLE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR
COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE
NIMBLE SOFTWARE, RESIDES WITH YOU.
THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within a Nimble Offering that are not owned by Nimble are “third party content and services”.
Nimble acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without
limiting the generality of the foregoing, certain Nimble Offerings may include links to sites operated by third parties, including advertisers and other content providers.
Those sites may collect data or solicit personal information from you. Nimble does not control such sites, and is not responsible for their content, policies, or collection,
use or disclosure of any information those sites may collect.
that we are not required to notify you prior to terminating any such account.
INTELLECTUAL PROPERTY RIGHTS
The names and logos, and other graphics, logos, icons, and service names associated with the Nimble Offerings are trademarks, registered trademarks or trade dress of
Nimble or its licensors or principals in the United States and/or other countries. Nimble’s trademarks and trade dress may not be used in connection with any product
or service that is not owned or operated by or on behalf of Nimble, or in any manner that is likely to cause confusion among consumers or that disparages or discredits
Nimble or any Nimble Offering. The compilation of all content on the Nimble Offerings is the exclusive property of Nimble and is protected by United States and
international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Nimble Offerings unless
we have expressly authorized you to do so in writing. All other trademarks not owned by Nimble that appear on the Nimble Offerings are the property of their respective
action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Nimble Offerings, you agree to
indemnify and hold harmless Nimble and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY NIMBLE OFFERING IS AT YOUR SOLE RISK. ALL NIMBLE OFFERINGS 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, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Nimble DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS
OR USE THE Nimble OFFERINGS OR Nimble SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE Nimble OFFERINGS, Nimble SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER
COMMUNICATIONS SENT FROM Nimble ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NIMBLE IS TO STOP USING THE NIMBLE OFFERINGS. YOU ACKNOWLEDGE AND AGREE THAT
NIMBLE IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A NIMBLE OFFERING BY, ANY NIMBLE
OFFERING USER. IN NO EVENT SHALL NIMBLE OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO NIMBLE
FOR YOUR PARTICIPATION IN ANY NIMBLE OFFERING. IN NO CASE SHALL NIMBLE OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY NIMBLE OFFERING OR NIMBLE SOFTWARE. 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, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NIMBLE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD NIMBLE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER
USERS OF NIMBLE OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING NIMBLE OFFERINGS, SOCIAL NETWORKING SITES
AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
At Nimble’s request, you agree to defend, indemnify and hold harmless (a) Nimble, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees,
agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses,
including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.
EXPORT CONTROL LAWS
Certain Nimble Offerings may be subject to United States and international export controls. By accessing Nimble Offerings, you warrant that you are not located
in any country, or exporting any Nimble Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You
agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Nimble Offerings that may be
subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
OTHER LEGAL TERMS
are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions
Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Nimble relating to this
subject matter, and cannot be changed or terminated orally.
APPLICABLE LAW AND JURISDICTION
expressly agree that exclusive venue and jurisdiction for any claim or dispute you may have with Nimble based upon or in any manner related to any access or use by you
of any Nimble Offering, shall be in the state and federal courts located in Deschutes County, Oregon, USA. YOU AND NIMBLE AGREE THAT ANY CLAIM WILL BE HANDLED ONLY ON
AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR CLAIM. FURTHER, YOU WAIVE ANY RIGHT TO A JURY TRIAL.
STATUTE OF LIMITATIONS
You and Nimble agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of a Nimble Offering,
or cause of action arose, and is thereafter forever barred.