Yub Nub Games LLC: Terms
Greetings
Welcome to Yub Nub Games LLC. When you use this website (the “Site”) and our services (collectively, the “Services”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy. These Terms govern your use of Yub Nub Games LLC, so please make sure you read them carefully.
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We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the website or by sending you an email. If you keep visiting Yub Nub Games LLC after a change, that means you accept the new terms. We may also make changes to Yub Nub Games LLC and our Services without notice or liability.
Some ground rules
You must be at least 13 years old to use our Services. We also expect everyone who visits Yub Nub Games LLC to behave responsibly and keep this a nice place. So, when you use our Services, you agree:
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You won’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone
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You won’t interfere with the proper workings of the Services
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You won’t bypass any measures we’ve put in place to secure the Services
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You won’t try to damage or get unauthorized access to any system, data, or other information, whether it belongs to Yub Nub Games LLC or another party
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You won’t use any software or device, whether manual or automated, to “crawl” or “spider” any part of the Services
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You won’t do anything that imposes an unreasonable load on Yub Nub Games LLC’s infrastructure or on our third party providers, and you won’t take apart or reverse engineer any aspect of Yub Nub Games LLC in an effort to access things like source code, underlying ideas, or algorithms.
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You won’t change, translate, or otherwise create derivative works of the Service.
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You won’t copy, rent, lease, distribute, or transfer any rights you receive here.
Rights: yours and ours
Yub Nub Games LLC grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use and access the Services for personal use only. You’ll need to get prior written permission from Yub Nub Games LLC or the relevant copyright holder if you want to use, reproduce, modify, distribute, or store any content from the site for a commercial purpose. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
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Yub Nub Games LLC’s Services are legally protected by copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. When you use the Services, you agree to respect these protections and all legal notices, information, and restrictions contained in any content you access. You also agree not to change, translate, or otherwise create derivative works of the Services.
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We’d love to hear from you! Just know that, if you provide us with any feedback or suggestions about Yub Nub Games LLC (“Feedback”), we can use that Feedback in any way without compensation to you.
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Other sites
You might come across a service or feature operated by a third party while using Yub Nub Games LLC (for example, links to other websites). We don’t control or endorse these third-party sites and services. When you access them, you do so at your own risk.
Intellectual Property
Yub Nub Games LLC handles claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”). Yub Nub Games LLC will remove material that’s the subject of a valid DMCA takedown notice.
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If you believe there is material on Yub Nub Games LLC that violates your copyright, you can file a DMCA takedown notice by emailing copyright@thecreativeindependent.com with the following information:
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Your name, address, telephone number, and email address
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A description of the copyrighted work that you claim has been infringed
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A description of the material you claim is infringing your copyright, together with a link (if applicable)
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A statement by you that you understand that under 17 U.S.C § 512(f) you may be liable for any damages, including costs and attorneys’ fees, if you knowingly and materially misrepresent that reported material or activity is infringing;
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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
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A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
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You can also submit a takedown notice by mailing the above information to the following address:
Yub Nub Games LLC
PO Box 457
Wellington, CO 80549
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Disclaimers
Yub Nub Games LLC isn’t liable for any damages or losses related to your use of the Services. You use our Services solely at your own risk. When you use the Services, you release Yub Nub Games LLC and from any claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. Yub Nub Games LLC is provided to you “as is” and “as available” and without any warranty of any kind, express or implied.
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YUB NUB GAMES LLC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM YUB NUB GAMES LLC SHALL CREATE ANY WARRANTY.
Limitation of liability
To the fullest extent permitted by law, in no event will Yub Nub Games LLC, its representatives, affiliates, principals, officers, directors, employees, stockholders, controlling persons, partners, subsidiaries, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site. In no event shall Yub Nub Games LLC’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
Dispute resolution & governing law
In the event of legal action between you and Yub Nub Games LLC, these Terms (and all other rules, policies, and guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Colorado and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Yub Nub Games LLC and its Services are deemed a passive website that does not give rise to jurisdiction over Yub Nub Games LLC or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Colorado. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Yub Nub Games LLC, shall be filed only in the state or federal courts located in Larimer County in the State of Colorado, and you hereby consent and submit to the personal jurisdiction of these courts for the purpose of litigating any such action. You hereby irrevocably waive any right you may have to trial by Jury in any dispute, action, or proceeding.
Etc.
These Terms and the other material referenced in them are the entire agreement between you and Yub Nub Games LLC with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Yub Nub Games LLC with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Yub Nub Games LLC to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
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These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Yub Nub Games LLC’s prior written consent. Yub Nub Games LLC has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Yub Nub Games LLC will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
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Yub Nub Games LLC: Privacy Policy
What we collect
We collect and process some information about you so that we can provide you with the best experience of Yub Nub Games LLC. That includes:
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Any personal information you choose to share with us (for example, your name or email address when you sign up to receive a newsletter, or information you share when you register for an event)
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Information about how you use and interact with Yub Nub Games LLC, like your IP address or the device or browser you use
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Communications you send to us (for example, when you ask for support, send us questions or comments, or report a problem)
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Information you submit to Yub Nub Games LLC (for example, comments or contributions to discussions)
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How we share your information
We may share the information we collect about you:
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With our affiliates in the Yub Nub Games LLC family
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With third-parties, but only when doing so helps us provide our Services. When we share with third parties, we require that they protect your personal information to the same standards we do.
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When we think it’s reasonably necessary to do so to comply with the law or law enforcement, to protect our legal rights, or to prevent fraud and abuse
How We Use Your Information
We’ll use the information we collect about you to:
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enable us to provide you with the Services;
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enable us to contact you about any questions or feedback you send to us;
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send you emails you’ve signed up for or we think you may find useful, but only in accordance with your email preferences;
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operate, deliver, and improve our Services;
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prevent fraud or abuse of our Services;
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analyze the use of the Site and the people visiting to improve our content; and
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use for other purposes that we may disclose to you when we request your information.
We do not and will not sell your information.
We want to communicate with you only if you want to hear from us. We try to keep emails to a minimum and give you the ability to opt out of any communications we send. We will send you certain email communications, in accordance with your preferences, and from which you may opt out at any time. We may send you service-related announcements on the rare occasions when it is necessary to do so.
Cookies & Other Technologies
Cookies are tiny data files that are issued to your device when you visit a site and that store information about your use of a service. Yub Nub Games LLC uses cookies and other technologies like them to improve the quality of our Services and make your experience on Yub Nub Games LLC more meaningful.
Here’s a summary of some of the types of cookies we use:
Performance
Performance cookies help us route traffic between servers and understand how Yub Nub Games LLC is performing, so we can provide you with the best experience possible.
Analytics and research
Cookies and other technologies also help us to understand, improve, and research features and content on Yub Nub Games LLC. For example, we may use cookies to understand how you are experiencing the site or to determine which types of browsers or devices are accessing Yub Nub Games LLC.
Wrap-up
Please contact us to modify or delete the personal information you’ve provided to us.
On request, we’ll give you a copy of all the personal information about you that we hold. This information is subject to a fee not exceeding the prescribed fee permitted by law.
People under 13 are not permitted to use Yub Nub Games LLC on their own, and so this Privacy Policy makes no provision for their use of Yub Nub Games LLC.
Questions?
If you have questions or suggestions, please contact us.