Terms of Service
THESE TERMS OF SERVICE ("TOS") ARE AN AGREEMENT THAT GOVERNS YOUR USE THE SERVICES OFFERED BY MNF CLUB AND RELATED MATTERS. PLEASE CAREFULLY READ THIS AGREEMENT. BY CHECKING THE "I AGREE TO THE TERMS OF SERVICE", REGISTERING FOR USE OF THE SERVICES, OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF SERVICE, YOU MUST DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU ARE NOT PERMITTED TO USE OUR SERVICES AND YOU MUST CEASE ANY ATTEMPT TO ACCESS OR USE OUR SERVICES IMMEDIATELY. This is an agreement between MNF Club ("We" or "Us" or "MNF Club") - and You (and Your) which includes: Members, Premium Members, Developers, Volunteers, Advertisers and any other person or entity who uses our software, participates in our Worlds throughout the network, or accesses our Web sites. I. RESPECT AND SAFETY We try to keep the Service safe and fun, but we cannot guarantee it. A community effort will help keep the Service safe and fun, and this includes your compliance with our TOS and cooperation with our staff. Specifically you agree: 1. When using the Service, you will not harm other members. You will not harass, bully, intimidate, threaten, or stalk any member, or make rude. You are prohibited from using the Service for an unlawful purpose or to take an action for the primary purpose of reducing the enjoyment of the Service by another user. 2. You will not harm the Service or its resources (hardware or software that runs or interacts with the Service). Prohibited activities include but are not limited to: releasing viruses or other malicious code, disabling or impairing any of the systems and services, conducting any form of denial of service attack, phishing or using automated means of access (such as harvesting bots, robots, spiders, or scrapers), fraudulent activities including but not limited to defrauding the world currency system. Auto-generator scripts or software for automatic gathering world currency, items or experience points are expressly prohibited. 3. The software (client and otherwise) that operates all aspects of the Service is copyrighted and we can pursue all lawful remedies against anyone attempting to hack, decompile, disable or distribute unauthorized copies of that code. You expressly agree that any attempt to hack, decompile, reverse engineer, disable or distribute unauthorized copies of the software is a violation of this Agreement. Interacting with our servers other than by using our own software or a standard web browser in a standard manner is also a violation of this agreement, and among other things this means you are prohibited from interacting with our game servers using third party software or altering the communications between our software and our game servers. 4. You will not use the Service to violate any applicable laws. Without limiting the generality of the foregoing, you will not use the Service to send unsolicited messages (SPAM) such as off-topic chat messages or private messages. 5. We have volunteers and staff participants who are authorized by us to moderate activities in MNF Club environments and they may take appropriate action when they see TOS violations. 6. You are prohibited from, and shall not, modify, reverse engineer, decompile, or disassemble any part of the software. You are also prohibited from attempting to directly use any of the components distributed with the software, except when used as part of the software as a whole and through the user interface we provide. II. MEMBER PRIVACY Your privacy is very important to us. Our Privacy Policy describes how we collect, use, retain and disclose your personal information. We may amend our Privacy Policy from time to time. You hereby consent to our collection, use, retention and disclosure of your personal information as set forth in our Privacy Policy, as amended from time to time. We encourage you to read the Privacy Policy, and to use it to help you conduct yourself accordingly. 1. Your avatar's profile is accessible by other users of MNF Club. 2. You should consider issues of privacy and personal safety before disclosing your own personal information. It is prohibited to distribute or post any other member's personal information without their consent. You may not post photos or artworks of any other people without their express written consent and a proper copyright license. III. ALL ABOUT ACCOUNTS We rely on our members to provide accurate account information. Here are some commitments you make to us relating to registering and maintaining the security of your account: 1. You are at least eighteen years of age and you have reached the age of majority in your jurisdiction of residence. We will not accept any participants for the Service who are not at least eighteen years of age and the age of majority in their jurisdiction of residence. We are entitled to use any age verification method that we deem acceptable. You shall not provide access to the Service to any person who is not at least eighteen years of age and the age of majority in their jurisdiction of residence, or allow any such person to any portion of the Service. 2. You will not provide any false personal information to us, or our billing partners or services, or to any of our third party services. 3. You will not create an account for any member other than yourself. 4. You will keep your contact information accurate and up-to-date. 5. You will not share your password; let any other member access your account, or do anything else that might jeopardize the security of your account and personal information. 6. You may not transfer your account to any member and you are responsible for what happens on your account, including the billing charges and the conduct/behaviour of user(s). 7. We have the final say about screen names. In the attempt to be fair, if a name or ID conflicts with another user, is confusingly similar, impersonates staff or is otherwise misleading or inappropriate we may ask you to change it and you agree to do so, on request. If you refuse, we may do it ourselves. 8. If you violate these TOS, we can stop providing all or part of the Service to you either temporarily or permanently. IV. PAYMENTS 1. Upgraded Premium services are available upon payment of Service Fees. 2. If you upgrade from Basic to a Premium membership you agree to the Service Payment Terms as set out in paragraph IV (3) below. We utilize the services of third party payment provider. As it relates to payment policies and procedures their rules also apply and we retain the right to determine which rules apply in the event of any conflict between the rules. 3. Service Payment Terms: You are responsible for keeping a current payment method on file with us. If you are on a monthly or other plan with recurring billing, you agree that we may make such charges to the payment method you have on file with us, unless you provide us with notice of cancellation at least one business day prior to the recurring billing and/or renewal date. 4. If we terminate the Service due to a violation of the TOS you are not entitled to a refund of any advance payment that you have made to us. 5. If any player decides to involve in a transaction with a code seller that is not found on the Approved Code Sellers list (you can find it at http://www.mnfclub.com/forum/showthread.php?tid=1592), is fully responsible for any outcome of that transaction. No in-game/real money will be refunded if the user lost the in-game/real money as a consequence of a transaction between the said player and a code seller that is not present on the Approved Code Sellers list. 6. We don't allow any real money trading, or advertising, on the forum or game. You may not sell anything for real money, digital or physical products. Transactions of real money for virtual money is not permitted outside of the official way we provide. V. ADDITIONAL LEGAL TERMS 1. WE TRY TO KEEP THE SERVICE OPERATIONAL, BUG-FREE, AND SAFE, BUT THE SOFTWARE IS STILL IN BETA, THEREFORE YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TOS OR USE OF THE SERVICE, EVEN IF YOU ARE RUNNING A BUSINESS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TOS OR PROVIDING THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 2. The TOS (including the policies expressly incorporated by reference into the TOS) constitutes the entire agreement between you and us, and replaces any prior agreements or promises anyone from the Service may have made to you by any means. Modifications to the TOS may be made by us as described earlier in this TOS. You may not modify the TOS. You are responsible for staying current with the latest version of the TOS as they are revised from time to time and posted with the current version number under the link "Terms of Service" on the access pages to the Service. 3. If we fail to enforce any portion of these TOS it will not be considered a waiver. Any temporary waiver or exception we might make of these TOS to an individual shall only be valid when made in writing and will not be a permanent waiver. 4. If any portion of these TOS is found to be unenforceable, the remaining parts will remain in full force and effect. 5. We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or content, without prior notice or liability. 6. Ageplay is not allowed, it serves to advocate and promote a normalization of underage abuse and pedophilia which is something we do not support. 7. Certain taboo fetishes are not allowed on MNF Club, this includes names that indicate them, bios that mention an interest in them, or directly discussing them. These fetishes include, but are not limited to incest, bestiality, underage and rape. 8. We takes no responsibility and assume no liability for any messages or communications or web-links (URLs) that you, another user or a third party sends, receives or stores on or through our game or website. 9. We take no responsibility and assume no liability for any content uploaded by you or any third party to this game or website. Such as background design images, forum images, museum images.
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