- NNJ offers its browser game (the «Game» or «NinjaNoJutsu») on the website http://ninjanojutsu.com
- The use of the online service that provides access to the Service and the use of the Game are governed by these TOU
- As such, the TOU determine the framework of contractual relations between You and NNJ.
- You acknowledge that you are an individual over the age of eighteen (18) years or over the age of majority in the country where you reside or, if you are a minor, have obtained permission from your legal representative (parent or guardian) to access the Service.
- You agree to follow the terms of the TOU
- Any use of the GAME not in accordance with the TOU is prohibited.
- You acknowledge that accessing the NNJ's website (either as visitor or login up to an account) constitutes your acceptance of all of the rules below. In case of disagreement with these provisions, you are advised to leave our website
- As the game is offered on the Internet, you must have an Internet connection to access it. All costs of telephone connections and Internet access are at your expense
- NNJ only grants you a limited, nonexclusive, non-transferable licence and use of the Service and its contents. This license is subject to compliance with the rules laid down by these TOU.
- To access the Service, you must create a NNJ account ("Account") at https://www.ninjanojutsu.com/user/register
4. Account Creation
- To create an Account, you must be a person aged eighteen (18) years or have reached the legal age in your country of residence, or obtained the agreement of your legal representative (parent or guardian) if you are a minor.
- The Account is a user account at your disposal via an Account name and password.
- The account remains the property of NNJ. You may hold only a right of access to the Service, through an Account at your disposal.
- To create an account, you must enter the following information: - Account name - Password - Email address - Username - Sex - Year of birth - Country of residence.
- Account management and managing personal information takes place solely on https://www.ninjanojutsu.com/user
- The Account name (or login) and the password will allow you to access the Service and the forums.
- The Account must respect the following rules as a minimum: - Personal information must be accurate, verifiable, complete and current, a valid personal email address must be provided - Connections to the Account (times, country, ISP, ban on proxies) must correspond to a normal use of a player Account
- Upon certification of your account, that is to say from the time of your first access, you will be asked for additional information - Salutation - First and Last names - Mailing address - Secret question - Secret answer. If any of your information changes, such as postal address or email address, you must notify NNJ.
- Common rules - The account name must meet the following rules at least: - Correspond to a pronounceable word (e.g. the word "ssdfzxjf" does not respect this rule) - Does not refer to a political orientation, ethnic group, community, religion - Is not vulgar or insulting - Does not have a sexual or pornographic connotation - Does not include your name and/or surname - Does not resemble or imitate a registered trademark - Does not refer to a narcotic product or other entity forbidden by law - Does not imitate or resemble the names of the characters from the Game back-story (non-player character, hero of the story...) - Does not imitate or resemble the name of a moderator or an employee of NNJ - Is not spelled alternately in order to circumvent the rules imposed above - Does not combine your first and last name, which, when assembled, would contravene the rules listed above. You agree to abide by these rules when creating a username, character names and guild names.
- Special rules - The account name is not visible to other players. - The username is different from the account name and is visible on the forums and in-game. The Account holder is known to other users by their username. The username identifies you as a person. - The character's name is complementary to the username. It is visible to other users. The character name corresponds to the role that you play in-game. - The guild name is visible in-game by other players.
Responsibility / Security
- Security - To ensure the security of your account and to avoid the theft of an account known as "Hacking an account", you agree: - Not to give access to your account to a third party. The loan, share, exchange, donation, purchase, transfer and sale of accounts is prohibited. Any loan, share, exchange, gift, purchase, sale or transfer of account will not be enforceable against NNJ and may lead to sanctions as described in Article 8; - To take all measures to prevent a third party accessing the account that you have activated, even without your knowledge; - Not to play on a third party's Account; - Not to give out your login information, i.e. the account name, password and secret answer; - To use a personal email address and not share this email address; - That NNJ can easily contact you for any reason whatsoever, via your email address
- The security of your account is solely your responsibility and NNJ shall not be liable for damages that may result to the Account or your computer after losing or sharing your Account login information.
- NNJ shall not in any way be held responsible in the case of account theft or any changes that may result to the Account.
- You also acknowledge that you are presumed to be the user of your Account and as such responsible for actions taken through the use of your Account and on your Account.
- You acknowledge that you, and not NNJ, are responsible for all electronic communications and content sent from your computer and you must only use the Service in compliance with the law.
5. Rules of Conduct
- NinjaNoJutsu being a game, you are held liable to respect the rules of conduct, particularly to preserve the gaming experience of others.
- You agree not to insult, threaten other users or employees of NNJ or to make racist, offensive, abusive, discriminatory remarks.
- You also agree not to send spam, "flood" messages or commercial offers of any kind to other users; not to cheat, steal accounts, characters or objects on an account or attempt to do so; not to threaten, embarrass or harass other users by any means whatsoever; not to make available to other users any personal information about yourself or another user nor to collect information in the Game.
- Your written public communications can be recorded, analyzed, or erased by NNJ so that it can ensure your communications comply with legislation.
- You agree not to create, use, or disseminate any program not distributed by NNJ which could be used to modify the characteristics of your Account or that of a third party, or which could adversely affect the game servers or infringe on the interests of NNJ.
- You agree not to use proxy servers (also called proxies) to connect to and/or use the Service and/or the Game.
- You agree not to use loopholes, bugs or any other error to obtain unfair advantages in-game. Similarly, you agree to immediately notify the NNJ's Support when you notice a fault or error in the game, forum or any other service.
- You acknowledge that the Game could be highly addictive. It is on your only responsibility the time spent on the Game. We encourage you to spend time with your family and loved ones, do not forget them.
- You acknowledge that NNJ accepts no responsibility for the actions of its members i.e. self harm, vandalism, suicide, homicide, genocide, drug abuse, changes in sexual orientation, bestiality, etc. NNJ will not be held responsible and does not encourage any of the above actions or any other form of anti social behaviour.
- You acknowledge that the Account and all Game content is the exclusive property of NNJ, pursuant to Article 11 hereof. Therefore, you agree not to sell or barter any item from the Game, except in the context of in-game trade allowed for by the rules of the Game. You agree not to trade in items from NNJ's works and not to promote such activities that infringe on the NNJ's rights. NNJ will make every effort to prevent such sales. Only NNJ and its accredited partners may commercialize such elements.
6. Limit of Use of Service
- You acknowledge that cheating, hacking and software not authorised by NNJ have the effect of distorting the Game. You are therefore not to create or use cheats / hacks, information gathering programs, scripts or macros to automate actions like "bots", packet-sniffing or any other program not authorized by NNJ.
- You acknowledge that using hacking tools on other clients or NNJ servers is prohibited.
- You do not have the right to change the game (except through the application of Game updates).
- You acknowledge that the use of other techniques to connect to the game than the official client provided by NNJ is prohibited.
- You agree not to host NinjaNoJutsu servers or to participate, organize or be involved in an attack against NNJ's servers.
- You agree not to spy on or intercept any communications protocols that NNJ uses, or use an interceptor on the data or protocol.
- You may not use the Service in any manner that could render it inaccessible, damaged or inoperable.
- The use of the Game or the Service must not violate the regulations or national and international laws.
- In case of violation of one or more provisions of these TOU, of the Support Charter, the GAME rules, the rules established on the forums or any other document prepared by NNJ, the latter reserves the right to terminate or limit without prior notice and at its sole discretion, your use and access to the Service, your Account and all other NNJ websites and to sanction you in the context of the Game.
- The penalties depend on the seriousness of the violation. They may include, without limitation, and in any order, the following actions: The warning: The warning has no direct effect on the Account. You can continue to play without change. It is there primarily to warn you that you risk greater penalties if you continue to violate the rules of the GAME. The one (1) day ban: The one-day ban is usually used upon the first substantial infringement of the rules of the GAME. It is the first step on the Account ban scale. The three (3) day ban: The 3-day ban is usually used in cases of repeat offending. The 3-day ban will make you understand that you incur real risks by not complying with the rules of the GAME. The seven (7) day ban: The one-week ban is the most serious sanction before the final closure of the Account. It is generally applied in cases of very serious misconduct. When an account is suspended for 7 days, you must absolutely and finally adopt impeccable behaviour under threat of being banned permanently. Definitive ban: The Account is permanently closed and you can no longer access it. This penalty is usually applied in cases of recurrence or of serious or unforgivable disregard for the rules of the GAME.
- NNJ reserves the right to impose any penalty on an Account, given the gravity of the violation, without first giving notice of or applying a penalty of shorter duration in advance. You agree that sanctions are final and you cannot in any way challenge the decisions taken by NNJ.
- NNJ reserves the right to change Account names, the nickname, character names and guild names that do not comply with the rules set forth above and those that are deemed unsuitable by NNJ. NNJ may also temporarily or permanently suspend access to the Account or delete a guild, without compensation.
- In addition to the penalties described above, NNJ will take appropriate sanctions, including civil prosecution and criminal proceedings against the offender.
- Except as otherwise provided in these TOU or through an exceptional arrangement with NNJ, there will be no refund if the Account is cancelled.
- The support website (http://support.ninjanojutsu.com) is the preferred means of access to NNJ's customer support ("Support") for the Service.
- The use of Support is via email or ticket. Requests by email are saved with an identifier called a "ticket number". NNJ has discretionary power in the management of tickets and reserves the right not to respond.
- To contact Support, you must have an Account and be verified. The creation of tickets is limited for non-subscriber accounts.
- In the case that you suspect any breach of security, including loss, theft or unauthorized use of your IDs or any other problem related to the security of your account, you will immediately notify NNJ via its Support team. NNJ will then reset your password or your secret answer and offer solutions to improve the security of your account. NNJ may also block access to the account in question, during the time take to investigate the issue. Following the investigation, NNJ will settle the dispute at its sole discretion.
10. Liability and warranty
- NNJ will make every effort to ensure the smooth operation of the Service and provide the Service 24 hours a day, 7 days a week.
- Although NNJ will take due care to ensure access and use of the Service, NNJ cannot guarantee that the functions offered by the Service will always be available or will be free of typographical, technical or other errors, that these defects will be corrected or that the Services or servers that it hosts will be free of viruses or bugs.
- For reasons of maintenance, testing, repair or any other reasons related to the improvement and operation of the Service, the Service may be interrupted temporarily by NNJ without liability. Any compensation will depend on the goodwill of NNJ.
- The liability of NNJ shall not be incurred in cases of force majeure as provided by law.
- NNJ may permanently discontinue the Service. You will be notified in advance. NNJ may also discontinue the Service in case of its closure.
- Unless otherwise provided for in law or conditions expressly provided between NNJ and yourself, you acknowledge and agree that: - The Service, the Game, the Site and their contents are provided "as is" - The use thereof is at your own risk. For minor users, the responsibility rests with their legal representatives. - NNJ disclaims all liability for use of the Service not in accordance with these TOU. It would not be liable for damages, direct or indirect loss of data or profits, which could occur due to the use or non-use of the Service, negligent or otherwise associated with the Service. - Any communication between you and NNJ, whether oral or written, cannot lead to a guarantee not provided by the TOU. - NNJ shall not be held responsible for your errors or omissions. - NNJ shall in no case be compelled to refund any monies whatsoever for failure;
- NNJ shall not be held responsible for links from web pages or other sites leading to the Service, but not managed by NNJ, or any links contained on the Service leading to web pages or other locations managed and published by others, where the third parties managing and editing the content do not comply with international regulations.
- Some jurisdictions do not allow the exclusion or limitation of warranties; limitations or exclusions mentioned may well not apply to you. No information or statement received by you from NNJ, orally or in writing, alters this disclaimer of warranty or allow you to receive a guarantee.
11. Intellectual Property / Trademarks
- All elements, features, tools and documents that are part of the GAME and delivered by NNJ (including, but not limited to, the Game, the Client, the Updater, game characters, game accounts, Coins, game items, graphics, logos, music, software, servers, etc..), as well as all brands contained therein are protected by international copyright and intellectual property and belong to NNJ and/or its partners. You cannot use these items without prior written permission of NNJ.
- Any information relating to the Game Service or Site is owned by NNJ and is protected by international copyright law. You must therefore adhere to the prohibitions laid down in Article 6.
- You have no right, in whole or in part, to copy, reproduce, translate, retrieve, edit the source code, disassemble, decompile, modify, rent, sell, distribute or create derivative works based on the Game or content without the prior written consent of NNJ. Reverse engineering is strictly prohibited.
- Any trademarks appearing on the Site or the Game Website are trademarks and/or registered by NNJ. You cannot use these trademarks without prior written permission from NNJ. You do not have permission to use Meta tags or any other "hidden text" utilizing names and trademarks of NNJ without prior written consent thereto.
- Other marks appearing on the Site or the Game, which do not belong to NNJ belong to their respective owners.
- NNJ is just a fan site, we did not create the Naruto series nor any other series that may be listed on http://ninjanojutsu.com, nor did we have any part in the production process. This site is not meant to infringe any of the copyrights, it is simply here to encourage the continuing popularity of Japanese Animation, and for many more young viewers to watch it.
- NNJ or NNJ's users search over Internet for material (art, images, icons, sprites, music, videos, fans work, etc) made free or having similar licences and could include such material into its website or into the GAME. NNJ does not claim the property of such material and respects the Intellectual property of their owners.
- If you own any of such material and you want your copyright material do not be published at NNJ websites, please send your written notice to: NinjaNoJutsu, Atención: SUPPORT, De Taller Leiton 10 sur 60 este Calle sin salida, Barrio Nazareth, Cartago, Costa Rica 30104. Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted material claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such material
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NNJ to locate the material
- Information reasonably sufficient to permit NNJ to contact you, such as an address, telephone number, and, if available, an e-mail address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Any improper use terminates the permission or license granted by NNJ.
- NNJ reserves the right to edit, add and/or delete certain rules laid down by the TOU. NNJ will do its utmost to notify you in advance in this instance, however, it is your responsibility to be aware of and comply to these Terms of Service at all times.
- You understand that by using the Game having being informed of modifications, additions and/or deletions you accept these changes, additions and/or deletions.
- NNJ reserves the right to make updates and changes to the Client, Service and Game (the "Updater") in order to improve the gaming experience. To ensure that these updates and changes are effective and that you can continue to play the Game, you hereby agree to install this Updater.
- This Agreement shall enter into force on the day of acceptance, and for the agreed term, unless either you or NNJ terminates it before this time.
- You may terminate this Agreement for any legitimate reason (provided by law, regulation or court decision).
- You must then send a notice, the termination of the agreement to the following address: NinjaNoJutsu, Atención: SUPPORT, De Taller Leiton 10 sur 60 este Calle sin salida, Barrio Nazareth, Cartago, Costa Rica 30104. You can request that NNJ delete your account and your personal information.
- It is accepted that if you terminate this Agreement, you can no longer access the Service, or the content of the GAME.
- NNJ may, in turn, terminate this Agreement with or without prior warning or notice, if you do not comply with the rules set out in the TOU. No refund can be requested.
14. Collection and use of information
- NNJ reserves the right to collect certain information: - Related to your computer (IP, ISP, hardware configuration, software configuration) - Related to the game (historical log of all trades, data log and connection history).
- NNJ may use this information for any purpose, including improving the gaming experience or monitoring compliance with the terms of this Agreement.
- All information contained on the servers can be used by NNJ to perform tasks related to prevention and punishment.
15. Pay what you want
- NNJ may offer Coins for the Service on the Payment Website. Coins are payable in advance and NOT SUBJECT TO ANY REFUND, even when not in use, unless otherwise provided for by this Agreement. NNJ is not responsible for errors or omissions on the part of the user.
- You can check the status of your Coins in the Account Management section of the site.
- If the payment is made instantly (i.e. Credit Card, or similar), the Coins are credited immediate. In all other cases, the coins will be credited once the payment is received.
- You acknowledge that you are free to buy or not the Coins, and that you can buy any quantity of Coins that you want at any time for your own usage or as gift.
- The Coins's price will be specified on the Payment Website.
- You can expend the Coins in the Game, by buying digital items.
- You can purchase Coins by any means of payment offered. Without exception, the rates are set in Dollars. They do not reflect the exchange rate and any fees associated with a particular payment method.
- NNJ may at any time amend its tariffs. However, if payment is made by a not-instantaneous means (e.g., cheque) the applicable rate will be the rate on the day you created your payment in the case where the payment is fully validated within 5 business days.
- You acknowledge that any payments you make on the Site for yourself or for someone you represent, are carried out with the permission of the owner of the means of payment
- NNJ offers various payment methods including some run by third party companies involved solely for the purposes of payment.
- You acknowledge and agree that NNJ is not responsible for fraudulent payments made on the Site, regardless of the means of payment. If it is found that you have made a fraudulent payment, that is to say without the consent of the owner of the means of payment, NNJ reserves the right to ban your account and initiate legal proceedings against you. Similarly, if you release your login information to a third party who proceeds to make a fraudulent payment, NNJ may then take the same action against you.