Acceptance of Terms of Service
You understand and agree that your use of any of My Ninja Services is at your own risk and we cannot assume responsibility for any damages suffered by you as a result of our games. My Ninja Services are provided on an “AS IS” basis. You agree that My Ninja reserves the rights to modify or discontinue any part of its Services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability. My Ninja will not be held responsible or liable for, but not limited to, timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
You understand and agree that neither My Ninja nor any participant in the Services provide professional advice of any kind and that any advice or any other information obtained via our games and message boards be used solely at your own risk.
Your Responsibilities and Third Party Login Information
In order to use My Ninja Services, you must be a registered member of Facebook and be in compliance with their Terms of Service. YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SERVICE.
My Ninja Services may include the option to purchase virtual, in-game currency (“Virtual Currency”) as well as virtual, in-game goods (“Virtual Goods”) by using legal tender. This can only be done if you are considered a legal adult in your country of residence.
All Virtual Currency and Virtual Goods are deemed to be final and non-refundable, unless stated otherwise at our discretion. You will have no right or title to any Virtual Goods and/or Virtual Currency you acquire.
My Ninja has absolute control over all Virtual Currency and Virtual Goods and at any time has the right to change the value, modify and/or eliminate any Virtual Currency and Virtual Goods as it sees fit and without any liability.
Virtual Currency and Virtual Goods are personal and non-transferable, and you have no right to buy, sell or exchange any Virtual Currency or Virtual Goods through any other medium except where authorized in My Ninja application. All purchases for these items must go through My Ninja. Virtual Currency and Virtual Goods may never be redeemed for “real money”, goods, services, or any other items of monetary value from My Ninja or any other third party. Any violation will amount to a direct violation of these Terms and may result in a ban from My Ninja and possible legal action.
In order to use our Services, you must agree to comply with the following Code of Conduct. You will NOT :
- Provide any content or conduct yourself in any way that may be construed as, but not limited to, the following: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt any of our Services, including, but not limited to, viruses, and other destructive programming routine; giving rise to civil or criminal liability, or in violation of applicable local, national or international law;
- Impersonate or misrepresent your association with any person or identity; nor forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
- Collect or harvest any information about other users;
- Provide any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce without written prior consent from My Ninja
- Provide any content that may give rise to My Ninja being held civilly or criminally liable, or that may be considered a violation of local, national or international law; including, but not limited to, copyrights, trademarks, patents or trade secrets;
- Buy or sell, in any manner, Virtual Currency and/or Virtual Goods;
- Cheat, including, but not limited to, playing multiple accounts in collusion on any Service. You recognize that the definition of ‘“in collusion” is at My Ninja sole discretion. This includes creating a number of dummy accounts for purposes beyond standard use. If we determine that you’ve created fake accounts, or have been caught cheating, to be determined by our standards, your account will be reset or deleted at our sole discretion;
- Any other conduct that My Ninja subjectively determines to be inappropriate.
You agree that our Services, through the actions of users or by error, may expose you to content that may be objectionable or offensive. My Ninja will not be responsible to you in anyway for any content displayed by our users.
Disputes between Users
My Ninja may at any time intervene in disputes between you and other users, but is under no obligation to do so. My Ninja will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind.
Third Party Services
My Ninja may work with third party advertisers that will offer goods and services along with promotional offers for our in-game currency. My Ninja will not be responsible nor liable for any representations regarding these products and services. You agree that any interactions and dealings with a third party, even if found within our Services, is done at your own risk and My Ninja is not liable for any claim nor damages that may occur.
Disclaimer of Warranties and Limitation of Liability
MY NINJA EXPRESSLY MAKES NO WARRANTY THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS FREE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO, FIT FOR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MY NINJA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS; MISTAKES; INACCURACIES; LOSS OF DATA; DISRUPTION OF SERVICE; PROPERTY DAMAGE, INCLUDING, BUT NOT LIMITED TO, SOFTWARE OR HARDWARE FAILURES; WHILST USING THE SERVICE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Intellectual Property Ownership
My Ninja maintains ownership of all intellectual property; including, but not limited to, any and all copyrights; trademarks; patents; trade secrets; and any other proprietary right, in every aspect of the service. By using our Services, you will not acquire any rights, implied or expressed, to any of My Ninja intellectual property. Any use of any intellectual property outside of the Services must have My Ninja Studios’ prior written consent.
You agree to defend, indemnify, and hold My Ninja harmless from and against any and all liability, claims, damages, costs and expenses, including any attorney fees, that could arise from, but not limited to, the use of our Service; any breach of the Terms of Service; your violation of any third party right; and any content posted by you whilst using this Service.
Waiver and Severability
Any failure of My Ninja to enforce any right or provision found in this Terms of Service will not amount to a waiver or relinquishment of such term and My Ninja may enforce any of the rights and provisions at any time.
If any of these terms are deemed to be invalid or unenforceable by a court of law, the remaining terms will continue to remain in effect and be enforceable. Jurisdiction
You agree that these Terms of Service and any dispute arising out of your use of the Services will be governed and construed in accordance with the laws of the United States and the State of Arizona, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using the Services, you accept that any proceedings or litigation brought by you against My Ninja must be brought in Maricopa County, Arizona, only, and you agree to this jurisdiction and location.
As My Ninja operates in the United States, there is no representation that this service is appropriate or available in other locations. The information provided on the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject My Ninja to any registration requirement within such jurisdiction or country.
Statue of Limitations
You agree that any claim or cause of action in respect of the use of Service must be filed within one (1) year of the claim or action arising, or the claim or cause will be forever barred, regardless of any contrary legislation.
Complaints or Notices
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this game in a way that may constitute copyright infringement, you may provide notice of your claim to My Ninja Designated Agent listed below. For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the material that you claim is infringing is located in this game;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- My Ninja Designated Agent: