USER AGREEMENT ("Agreement")
Agreement last modified March 23, 2022
The following terms and conditions, as well as any future modifications (the “Agreement”) are a contract between you or your company (“you” or “your”) and Nub Games, Inc., a North Carolina corporation (“Nub Games,” “we,” “us,” or “our”) governing your use, and Nub Games’ provision, of the Services (as defined below). By using Nub Games’ software applications, application programming interfaces, communication services, networks, and websites, including, but not limited to libraryh3lp.com, ca.libraryh3lp.com, eu.libraryh3lp.com, sg.libraryh3lp.com, dev.libraryh3lp.com, docs.libraryh3lp.com, ask.libraryh3lp.com (collectively, the “Services”), you acknowledge that you have read, understood, accept, and agree to be bound by the most recent version of this Agreement.
Acceptance of Policy
Your continued use of the Services after the revision date of any such changes shall constitute consent to such changes. You agree to review the Agreement periodically to be aware of any such revisions. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Agreement.
If you elect to enable additional functionality or features made available through the Services (“Additional Features”), you may be presented with additional terms related to the use of such Additional Features (the “Additional Terms”). By using the Additional Features, you agree and accept the Additional Terms. In the event of a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.
If you do not agree with or are not comfortable with any aspect of this User Agreement, you should immediately discontinue access or use of our Services.
Notification of Changes
You may review the most current version of the Agreement at any time on the LibraryH3lp website. Nub Games reserves the right to update and change the Agreement from time to time without notice, effective immediately, by posting the updated Agreement on the Agreement Page.
Grant of Limited Licence
Upon your agreement to this Agreement, we grant to you a non-exclusive, non-transferable limited license to use the Services in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on Services. You must be legally able to enter into this Agreement in your jurisdiction, such as being older than the minimum age of consent to enter into contracts. You must be a natural person or a natural person representing a company, association, or other organization. You agree not to make any false or fraudulent statements in your use of or to gain access to Services. All rights not expressly granted herein are fully reserved by us, our advertisers, and licensors.
Customer End Users
Access to the Services by a Customer End User shall be governed by your Customer End User terms of service (“Your Terms”), provided that you shall be responsible for ensuring that, as between an Customer End User, you and Nub Games, Inc.: (i) Nub Games will at all times retain ownership of all of its intellectual property (as further described in the Section entitled “Nub Games’ Intellectual Property Rights” below) and Customer End Users are granted no rights to such intellectual property, (ii) Nub Games makes no direct or implied warranties to Customer End Users, (iii) you shall not make any representation or warranties to Customer End Users with respect to the Service, other than the representation that you have the necessary rights to allow Customer End Users to use the Service, (iv) Nub Games is the direct and intended beneficiary of Your Terms, and (v) Nub Games will not be liable in any way to Customer End Users, either directly or indirectly. As between Nub Games and you, you are responsible for ensuring that Customer End Users do not communicate information in violation of law or codes of conduct using the Service, and for advising them against transmitting sensitive information using the Service, including but not limited to health/medical information or personally identifiable information of minors.
Your use of Services is conditioned upon your timely payment of all fees and charges set forth on the LibraryH3lp website Pricing Page. You agree to pay for all purchases and Services using your name and credit card, check, or bank transfer, and not to challenge any such charges and to pay for all collections and/or attorney’s fees resulting from any non-payment.
Nub Games reserves the right, in Nub Games’ sole discretion, to change published prices without notice. Furthermore, we reserve the right to change the Fees for the Services tied to your subscription upon thirty (30) days advance notice of the applicability of such change to the Fees and shall not apply to Fees already charged to your subscription.
Modifications to the Services
Nub Games reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Nub Games shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
You must not intentionally and maliciously disrupt the reasonable enjoyment of others using the Service. You may not forge or manipulate headers, data, or network protocols to disguise the origin of Content or otherwise disrupt the intended use of the Services.
Except as may be explicitly permitted through the Services, you shall not, nor shall you permit or authorize any third party, to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, reverse engineer, decompile, disassemble, hack, or create derivative works from materials, code or content on or from the Services.
You are responsible for maintaining the security of your account and password. Nub Games shall not be liable for any loss or damage from your failure to comply with this security obligation. You are liable for any acts or omissions made using your login and password. Further you agree to notify us immediately if you discover loss or access to your information by another party not under your control and supervision.
If your use of the Services causes undue stress on the Services and the systems running the Services, Nub Games reserves the right to limit or disable your access to the Services without notice.
If you are a branch or agency of the U.S. Government, the following provision applies. This Site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
You acknowledge and agree that our Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated in our Software falls under the scope of this Agreement. All other third-party software or technology that may be distributed together with our Software or shared through our Services will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with us or our Affiliates regarding such third-party software or technology and you will look solely to the applicable third party and not to us or our Affiliates to enforce any of your rights.
You expressly agree and understand that the Service is not intended to support or carry emergency textual communication to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service. Us, our affiliates, or our staff are in no way liable for such emergency textual communication. By agreeing to this Agreement, you understand that additional arrangements must be made to access emergency services. To access emergency services, you acknowledge and accept your responsibility to purchase, separately from the Service, traditional wireless or wireline telephone service that offers access to emergency services. You recognize and agree that we are not required to offer emergency services pursuant to any applicable local and or national rules, regulation or law. You further recognize that the Site is not a replacement for your primary telephone service.
You are responsible for all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages posted, received, or sent through the Services (collectively “Content”) and for all activity that occurs under your account, whether done so by you or any Customer End User of the Service who is chatting with you.
We cannot control all Content posted by third parties to the Services. You agree to use the Services at your own risk. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, incorrect, or objectionable, and you agree that under no circumstances will Nub Games be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred because of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may contact us at firstname.lastname@example.org.
You may not post any unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable Content, or Content that violates any of the terms of the Agreement (“Offensive Content”). Examples of such Offensive Content include, but are not limited to:
- abuse, harassment, threats, flaming or intimidation of any person or organization
- engaging in or contributing to any illegal activity or activity that violates others’ rights
- use of derogatory, discriminatory, or excessively graphic language
- providing information that is false, misleading, or inaccurate
- hacking or modifying the Services to falsely imply an association with Nub Games
- engaging in or contributing to any activity that maliciously degrades the Services
- implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization
- disclosing personal login information, including, but not limited to passwords without the express permission of the individual or organization who provided it to you
- transmitting worms, viruses, or harmful software
- sending spam, unsolicited mail, junk mail or chain letters
- disclosing personal or proprietary information of another user, Customer End User, person, or organization
- collecting the content or information belonging to another user, an Customer End User or Nub Games, or otherwise accessing the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission
- soliciting log in information or accessing the account of another user or Customer End User of the Services
- harassing, annoying, intimidating, or threatening users or Customer End Users of the Services or employees or agents of Nub Games
- aiding or engaging in deceptive or predatory practices towards users or Customer End Users of the Service
- forging, manipulating, or plagiarizing messages, communications, headers or identifiers to imply an association with us or the Services
- posting, publishing, displaying, or transmitting in any way proprietary information, copyrighted material and trademarks not belonging to you, without the prior written consent of the owner of such rights
- posting content that advocates, endorses, condones, or promotes harassment of others, or content that actively or indirectly harasses others
- posting content that is offensive and harmful, including but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred or physical harm of any kind against any individual or any group of individuals
- posting content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent, or sexual manner
- posting content that solicits personal information or any information from anyone under the age of 18
- posting content that uses, promotes, or links to an illegal or unauthorized copy of another person’s copyrighted work or intellectual property
You agree that you shall comply with sections 5 (Prohibited Campaign Content) and 6 (Special Use Cases) the T-Mobile Code of Conduct (“Code of Conduct”) available at https://www.t-mobile.com/support/public-files/attachments/T-Mobile%20Code%20of%20Conduct.pdf when texting with Customer End Users. You acknowledge and agree that violations will result in the termination of your LibraryH3lp subscription. You further agree that you are solely responsible for payment of any non-compliance fees associated with and issued for violations.
Systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
User's License Grant to Services
Except regarding personal information and transcripts between you and your Customer End Users, all information which you post or communicate to us through the Services (collectively Submissions) shall forever be the property of us. You agree to the Content Restrictions found here as part of this Agreement if provided through the Services by us. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality, and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party. You understand that our software will use commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) you are utilizing and of your communication, however, you acknowledge and agree that we cannot give any warranties in this respect.
Nub Games' Intellectual Property Rights
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Agreement, Nub Games, its suppliers, and licensors own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
You acknowledge and agree that the intellectual property rights regarding any translations made by you of any information on or accessible through the Services or as otherwise requested of you by us at any time will be and remain our sole and exclusive property without any compensation to you.
Nub Games always appreciates your feedback or other suggestions about LibraryH3lp, but you understand that we may use such feedback without any obligation to compensate you for them (just as you have no obligation to offer them). You grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable, irrevocable, perpetual license to use, modify, adapt, publish, perform, or derive new works from your feedback as we choose.
As part of your enjoyment of the Services, subject to this Agreement, you may grant a third-party access to your account to provide additional products, services or labor provided you agree to be responsible for the actions of the third party and to bind the third party to this Agreement as your agent.
From time to time, separate applications or services that integrate or interoperate with the LibraryH3lp Services (collectively, “Add-ons”) may become available, either directly from Nub Games or independently. If you choose to install, access, or enable an Add-on, you agree that the third-party Add-on provider may acquire access to your account data and information as required for the interoperation or integration of such Add-on and you grant Nub Games permission to give such Add-on access to your account data and information. Accordingly, such applications are governed by their own terms and conditions and are not considered Services under this Agreement.
We may suspend or terminate this Agreement or your use immediately upon receipt of any notice which alleges that you have used the Services for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, we may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and we shall not be liable for damages or results thereof and you agree not to bring any action or claim against us for such disclosure.
Without prejudice to any other rights, if you fail to comply with the terms of the Agreement (including without limitation should you fail to pay or otherwise default on any payment obligation due or if any payment mechanism you have provided to us is invalid or charges are refused), this license shall immediately terminate, without the need for us to provide notice. Upon expiration or termination, you will immediately cease all use of the Services and remove any and all installations of the software, and any extracts thereof in your possession, custody or control.
Nub Games reserves the right to refuse service to anyone for any reason at any time.
Nub Games is not obligated to provide refunds or credits for partial months or years of the Services, upgrades or downgrades, or unused time during your subscription. If you terminate your subscription in the event of a suspension for more than 5 business days or discontinuance of the Services, you will be entitled to a refund of the proportion of pre-paid fees attributable to the period after termination.
Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination or expiration of this Agreement.
Failure of us to enforce any terms of this Agreement shall not be deemed or considered a waiver of future enforcement of that or any other term in this Agreement. You agree that no term of this Agreement may be considered waived, and no breach excused by us unless made in writing by us. No consent, waiver, or excuse by us, express or implied, constitutes a subsequent consent, waiver, or excuse.
You expressly understand and agree that:
Other than as expressly set in this Agreement, Nub Games makes no warranty that (i) the Services will meet your requirements or expectations, (ii) that your access to or use of the Services will be uninterrupted, timely, secure or error free, (iii) that any defects in the Services will be corrected, or (iv) that the Services or any server through which you access the Services are free of viruses or other harmful components.
Any material downloaded or otherwise obtained using the Services are accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Nub Games or through or from the Services shall create any warranty not expressly stated in these terms.
Because some jurisdictions limit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
Limitation of Liability
You expressly understand and agree that Nub Games and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any 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 Nub Games has been advised of the possibility of such damages) in any way relating to or arising from this agreement. In no event shall Nub Games or its respective suppliers’ aggregate liability for direct damages under this agreement exceed the fees paid for the immediately preceding month before the claim. Because some jurisdictions do not all the exclusion or limitation of incidental or consequential damages, our, advertisers’, and/or our respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
You agree to indemnify, defend, and hold harmless Nub Games, Inc. and its officers, directors, and employees from and against all claims, demands, liabilities, suits, damages, costs, and expenses of every kind and description, including penalties and reasonable attorney’s fees, proximately resulting from any negligent act or omission of you or your officers, directors, or employees, or from any breach by you of any obligation, representations, or warranties under this Agreement.
We agree to indemnify, defend, and hold harmless you and your officers, directors, and employees from and against all claims, demands, liabilities, suits, damages, costs, and expenses of every kind and description, including penalties and reasonable attorney’s fees, proximately resulting from any negligent act or omission of the company or its officers, directors, or employees, or from any breach by us of any obligation, representations, or warranties under this Agreement.
The Services are for your own use only. You may not resell, lease, or provide them in any other way to anyone else, except as expressly permitted through the Services or by written permission of Nub Games, Inc. or by acting as an agent contracted by a third party to act on its behalf.
Choice of Law and Forum
The Services (excluding third party linked sites) are controlled by us from our offices within the State of North Carolina, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by the Service. As each of these places has laws that may differ from North Carolina, by accessing this Site, both you and the Company agree that the statues and laws of the State of North Carolina shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regard to conflicts of laws principles thereof. You and Nub Games, Inc. also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of North Carolina and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this Site are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
Nub Games, Inc. shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, strikes, fuel, or energy. In the event of any such delay, any applicable period of time for action by Nub Games, Inc. may be deferred for a period equal to the time of such delay.
Integration and Severability
These terms in the Agreement are the entire agreement between you and Nub Games, Inc. with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Nub Games, Inc. with respect to the Services. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Alteration, Amendments, Assignment
This Agreement constitutes the entire Agreement between the parties and supersedes all previous communications, representation, understandings, and agreements between the parties, whether written or oral, relating to the same subject matter. This Agreement shall be modified only by a written instrument signed by a duly authorized representative of Nub Games, Inc., or from time to time, we may modify or change the terms and conditions of this Agreement and supersede the terms of any prior version of this Agreement, in connection with any supplemental, different, or new terms that might apply to any new Release of the Site made available by us, in our sole discretion. Your continued use of the Site after you use and accept the new, additional, or changed terms applicable to such new Release will indicate your agreement to the change to this Agreement. We, at our sole discretion, reserve the right to add additional features or functions, or to provide programming fixes, updates, and upgrades, to our Software. You acknowledge and agree that we have no obligation to make available to you any subsequent versions of our Software. You may not sell, assign, transfer, delegate, convey, pledge, encumber or otherwise dispose of, by operation of law or otherwise, the software or this Agreement, or any rights or obligations hereunder. We may assign this Agreement, and any or all its rights and duties under this Agreement, without prior notice to you or your consent. You hereby warrant and represent that you have obtained all authorization and other applicable consents required empowering you to enter into this Agreement.
Contact Nub Games, Inc.
If you have any questions about the terms of this Agreement, please contact us electronically at email@example.com or in writing to:
Nub Games, Inc.
Attn: User Agreement
108 Sawmill Branch Road
Beech Mountain, NC 28604-8179