1. ACCEPTANCE OF TERMS
64DD.net provides the information and services on the 64DD.net sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of 64DD.net constitutes agreement with such Terms.
Before using 64DD.net, please carefully read this agreement relating to your use of 64DD.net. By using 64DD.net, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use 64DD.net.
64DD.net reserves the right, at 64DD.net's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, 64DD.net intends to provide users with up to fourteen days of advance notice). Your continued use of 64DD.net following the posting of changes to these Terms will mean that you accept those changes.
Use of 64DD.net constitutes full acceptance of and agreement to the Terms; if a user does not accept 64DD.net's Terms, he or she is not granted rights to use 64DD.net as defined herein, and should refrain from accessing 64DD.net.
64DD.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all 64DD.net (or any part thereof). 64DD.net shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHBIITED USE
By using 64DD.net, you warrant to 64DD.net that you will not use 64DD.net, or any of the content obtained from 64DD.net, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use 64DD.net automatically terminates.
3. DESCRIPTION OF SERVICES
64DD.net is owned and operated by 64DD.net for the purpose of documentation and discussion (the "Purpose"). 64DD.net provides complete coverage of all released, unreleased and homebrewn games for the Nintendo 64 and Nintendo 64DD systems, the systems themselves and it's accessoiries, a user communication platform and more.
4. REGISTRATION OBLIGATIONS
When requested, each 64DD.net site user must: (1) personally provide true, accurate, current and complete information on the 64DD.net site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, 64DD.net has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, 64DD.net may suspend or terminate that user's account and prohibit any and all current or future use of 64DD.net (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive passwords and account designations upon completing certain 64DD.net site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. 64DD.net cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify 64DD.net of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not 64DD.net, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via 64DD.net. No user shall transmit Content or otherwise conduct or participate in any activities on 64DD.net that, in the judgment of 64DD.net, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
64DD.net reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, 64DD.net shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. 64DD.net, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by 64DD.net to protect the rights, property, or personal safety of 64DD.net' users and the public. 64DD.net does not control the Content posted to 64DD.net and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will 64DD.net be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via 64DD.net.
Each user, by using 64DD.net, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of 64DD.net, use of 64DD.net, or access to 64DD.net.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
64DD.net may establish general practices and limits concerning use of 64DD.net. While 64DD.net will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, 64DD.net has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any 64DD.net site. 64DD.net reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. 64DD.net reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
64DD.net may terminate a user's account in 64DD.net's absolute discretion and for any reason. 64DD.net is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an 64DD.net site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order.
64DD.net's termination of any user's access to any or all 64DD.net may be effected without notice and, on such termination, 64DD.net may immediately deactivate or delete user's account and/or bar any further access to such files. 64DD.net shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. 64DD.net reserves the right to delete, or not delete, a user's account at 64DD.net's sole discretion, as well as to delete, or not delete, content at 64DD.net's sole discretion.
64DD.net, any 64DD.net site or a third party may provide links to other websites. 64DD.net exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. 64DD.net shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The 64DD.net sites' Privacy Statement is applicable only when you are on an 64DD.net site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
10. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless 64DD.net, and its parent corporation and affiliates and their respective officers, employees and agents, and each of 64DD.net's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of 64DD.net; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE 64DD.net SITES IS AT HIS OR HER SOLE RISK. THE 64DD.net SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND 64DD.net ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 64DD.net EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, 64DD.net MAKES NO WARRANTY THAT (i) THE 64DD.net SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF 64DD.net'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, 64DD.net SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 64DD.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY 64DD.net SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THE 64DD.net SITES; OR ANY OTHER MATTER RELATING TO THE 64DD.net SITES. IN NO EVENT SHALL 64DD.net'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN 64DD.net AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, 64DD.net DOES NOT AND CANNOT CONTROL THE ACTIONS OF 64DD.net SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE 64DD.net SITES. OPERATION OF 64DD.net MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY 64DD.net.
64DD.net respects the intellectual property rights of others, and requires that the people who use 64DD.net do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us at info@64DD.net.
12. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and 64DD.net and govern each user's use of 64DD.net, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and 64DD.net shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.