Terms of Use Agreement

This Web site (‘Site’) is owned and operated by Nelson Hurst, Nelxon (‘Nelxon’).

This Terms of Use Agreement (“Agreement”) is a legal agreement between you (“User” or “You”) and Nelxon Entertainment (“Nelxon”). By accessing and using the Nelxon.com web site or any other web sites owned by Nelxon, User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.

For the purpose of this Agreement, the term other web sites owned by Nelxon means Nelxon’s Sites, including, without limitation, http://www.nelxon.com, http://www.nelxon.net, http://www.nelxon.org, http://www.nelxon.biz, http://www.nelxon.info, http://www.nelxon.us, http://www.nelsonhurst.com/ , http://genryusblade.com, and http://www.genryublade.com (“Nelxon” or the “Nelxon Site” or the “Site”).

Nelxon reserves the right to change these terms and conditions periodically at its sole discretion. User’s continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.

PRIVACY

Nelxon collects information about the Users of its web sites. Collection of this information is governed by the Nelxon Online Privacy Policy, which may be accessed at http://www.nelxon.com/info/privacy-policy/

CORPORATE IDENTIFICATION AND TRADEMARKS

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this web site are the property of Nelxon, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Nelxon’s prior written permission. The use of Nelxon’s Marks on any other web site is prohibited.

PROPRIETARY RIGHTS TO CONTENT

All materials contained on this web site are copyrighted by Nelxon except where explicitly noted otherwise.

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, design, graphics, movie trailers, film clips or other material contained in this web site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without Nelxon’s prior, written consent.

It is Nelxon’s policy not to accept or consider creative materials, ideas, or suggestions other than those Nelxon specifically request. This is to avoid any misunderstandings if your ideas are similar to those Nelxon has developed independently. Therefore Nelxon must request that Users agree to not send any original creative materials such as screenplays, stories, original artwork, etc. Any communication or material Users do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary.

Nelxon or its affiliates may use anything Users transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Nelxon is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

USER CONDUCT

Users agree that all the information posted or accessed will be used only for informational or educational purposes. There may be no commercial or other unauthorized use of any interactive features available on this web site. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws. When using the Site you may not do any of the following:

A. Restrict or inhibit any other user from using and enjoying the Sites;

B. Post, upload, transmit, distribute or otherwise publish any abusive, hateful, defamatory, indecent, libelous, obscene, pornographic, profane, threatening, harassing, embarrassing, unlawful, vulgar, or other information of any kind that violates applicable law or regulation or which harms minors in any way, including, without limitation, information that constitutes the following:

1. Information that violates or infringes upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal or property right of any person or entity or which discloses any trade secret or confidential information.
2. Software or materials that contain a virus, corrupted files, or similar programs that may damage the operation of another’s computer or the Nelxon Site.

C. Post advertisements or solicitations of business, except in areas expressly designated for such purposes and in accordance with the express rules and regulations established by Nelxon.
D. Post chain letters or pyramid schemes or impersonate another person.
E. Manipulate headers or identifiers so as to disguise the origin or content of any posting.
F. Do any act that interferes with or slows the operation of the Nelxon Site.

Nelxon may condition your right to participate on the Site on your furnishing to Nelxon and keeping updated at all times such personal identifying information as Nelxon may reasonably require, including, without limitation, your true name and a current, active e-mail address. Nelxon reserves the right to suspend or terminate your access to some or all of the Nelxon Site if Nelxon has a good faith basis for believing that any of the information you have supplied is inaccurate or that your account is being used by anyone other than you to access the Site. Subject to such privacy policy as Nelxon may establish and post on the Nelxon Site, Nelxon may use the information it obtains relating to you, including, without limitation, your IP address, name, e-mail address and use of the Nelxon Site for its internal business and marketing purposes and such information may be disclosed in the aggregate to third parties for such purposes and for any other purposes set forth in Nelxon’s Privacy Policy.

UNSOLICITED IDEA SUBMISSION POLICY

For legal reasons Nelxon do not accept or consider unsolicited ideas, including ideas for new games, new short films, product enhancements, game distribution methods, marketing plans, training techniques, demos, prototypes or game names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Nelxon products or marketing strategies might seem similar to ideas submitted to Nelxon. So, please do not send your unsolicited ideas. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission. You agree that: (1) your ideas will automatically become the property of Nelxon, without compensation to you, and (2) Nelxon can use the ideas for any purpose and in any way, even give them to others.

BLOGS, MESSAGES AND BULLETIN BOARDS

Nelxon does not control the files, information, or messages (collectively, ‘Postings’) delivered to or displayed on the Site and Nelxon assumes no duty to, and does not, monitor or endorse Postings within the Site, nor does Nelxon represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms of this Agreement.

Nelxon reserves the right at all times to edit, refuse to post, or to remove any Postings, in whole or part, that Nelxon deems inappropriate for inclusion on the Site. Nelxon reserves the right to expel you from or suspend your access to some or the entire Site for violating the law or this Agreement. The Site is public and not private and others may read communications on the Site without your knowledge or permission. Nelxon shall have no liability if unauthorized persons obtain access to the Site. Your use of the Site is at your own risk.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Nelxon will fully cooperate with any law enforcement authorities or court order requesting or directing Nelxon to disclose the identity of anyone posting any such information or materials.

Any Postings, notes, messages, ideas, suggestions, concepts or other material submitted to Nelxon or through the Nelxon Site will become the property of Nelxon throughout the universe and Nelxon shall be entitled to use the material for any type of use forever, including in any media whether now known or hereafter devised.

By such Postings on the Site, or e-mailing Nelxon, you automatically grant to Nelxon a royalty–free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You waive any and all so-called ‘Moral Rights’ or similar rights under any jurisdiction, now or hereafter recognized with respect to Nelxon’s (or its assigns’) exercise of its rights hereunder.

You represent, warrant, and guarantee that you have the full and unrestricted right to grant such rights and that Nelxon’s exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other right of any third party. You agree to indemnify and hold Nelxon harmless from and against any and all claims, demands, and liabilities, of any kind or character, made by you or any third party against Nelxon arising out of or relating to Nelxon’s exercise of such rights.

NOT INTENDED FOR CHILDREN

Some of the Content of the Site may be inappropriate for persons under the age of thirteen(13) years (‘Minors’). Minors should seek consent from their parents or legal guardians before using this Site. Parents and legal guardians should strictly monitor Minors’ use of the Site.

Nelxon urges parents and legal guardians to consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent Minors from disclosing online their name, address, and other personal information without permission of the parent or legal guardian. For additional information about parental control tools, please consult the ‘Consumer Assistance’ page of the Direct Marketing Association Site.

LINKS TO THIRD PARTY SITES

The Nelxon web site may contain links to third party web sites, which are not under the control of Nelxon. Nelxon makes no representations whatsoever about any other web site to which you may have access through the Nelxon web site. When you access a third party web site, you do so at your own risk and acknowledge that Nelxon is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Nelxon shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third party companies and web sites on the Nelxon web site is for informational purposes only and does not constitute an endorsement or recommendation.

SOFTWARE DOWNLOADS

Any software that is made available to download (“Software”) from this web site is the proprietary and copyrighted work of Nelxon and/or its third party suppliers. Use of the Software is governed by the End User License Agreement, which accompanies or is included with the Software (“License Agreement”). An end user’s license to use any Software is conditioned upon Nelxon’s acceptance of the end user’s purchase order and the end user’s review and agreement to, and compliance with, the License Agreement terms. Nelxon reserves the right to reject any purchase order or license for any reason in Nelxon’s sole discretion.

Nelxon and/or its respective third party suppliers may make improvements and/or changes in the Software at any time without notice. Nelxon may cease offering the Software for download or discontinue this web site at any time without notice. Nelxon assumes no obligation with respect to supporting the web site or Software, except as expressly set forth in the License Agreement.

THE WEB SITE IS OFFERED FOR USE “AS IS” WITHOUT WARRANTIES OF ANY KIND. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY AS SET FORTH IN THE EXPRESS TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NELXON HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE AND WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

USER EXPRESSLY UNDERSTANDS AND AGREES THAT NELXON SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF NELXON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES

While every effort is made to ensure accuracy, Nelxon makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Nelxon make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY STATED OTHERWISE, NELXON PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NELXON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF NELXON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

User agrees, at User’s expense, to indemnify, defend and hold harmless Nelxon, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this web site or any product or service related thereto.

GOVERNING LAW

This Agreement and the relationship between User and Nelxon shall be governed by and construed in accordance with the laws of the State of North Carolina. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be resolved in a North Carolina court. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

WAIVER/SEVERABILITY

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

RESERVATION OF RIGHTS

Any rights not expressly granted herein are reserved.

Last Updated: May 4, 2009