Terms of Use

IMPORTANT!! Please read this Terms of Use Agreement carefully. It provides the rules for using the Nanovor Game. Kids, if you have any questions about these Terms of Use, please ask your parent or guardian to read and discuss them with you.

These Terms of Use apply to your conduct in all Nanovor-related sites, such as Nanovor.com and HanoverHigh.com, and your use of the Nanovor software and handheld unit (collectively, the "Nanovor Game") offered by Smith & Tinker, Inc. ("Smith & Tinker," "us," "we"). By participating in the Nanovor Game, you agree to this Terms of Use Agreement ("Agreement"). If you do not agree to this Agreement, you may not participate in the Nanovor Game.

IF YOU ARE UNDER THE AGE OF MAJORITY (DEFINED BELOW) IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES TO THIS AGREEMENT ON YOUR BEHALF. THIS AGREEMENT IS A CONTRACT BETWEEN YOU AND SMITH & TINKER. "YOU" MEANS ANY PERSON PARTICIPATING IN THE NANOVOR GAME PROVIDED THAT IF SUCH PERSON IS UNDER 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS OLDER ("AGE OF MAJORITY") IT ALSO INCLUDES SUCH PERSON'S PARENT OR LEGAL GUARDIAN.

1. User Registration
You must register to participate in the Nanovor Game. You must pick a username and password when you create a user account. Your username should not be your real name, and it cannot be any name that is obscene, offensive or otherwise inappropriate. Be sure to keep your password a secret. You are responsible for all uses of your user account, so let us know if you think anyone is using your user account without your permission.

When you are using your user name, do not give out or post any information about yourself, like your real name, age, phone number, e-mail address, home address or other personal information.

2. Behavior During the Nanovor Game
When you are participating in the Nanovor Game, you agree to be on your best behavior. Respect other players. Other Nanovor players may be of different ages, come from different backgrounds, and have different opinions and play styles.

Talking to the other players during battle can be fun and is permitted, but keep it friendly rather than mean. If you say mean things to other players, we can tell your parents or guardians, terminate your account and keep you from playing the Nanovor Game, or, if appropriate, contact the police or other legal authority.

If anyone says anything mean or inappropriate to you or you see anyone saying something mean or inappropriate to someone else, please send an email to this address to report them.

Inappropriate Behavior
Do not do any of the following while playing the Nanovor Game:

• Provide any false information about yourself or others;
• Write obscenities ("swear words"), sexual or other adult content on message boards, chats, battle chats, or other public places;
• Post images of, links to or advertisements for any sexual or adult-oriented content or websites;
• Post links to or advertisements for third party commercial websites;
• Post the same message over and over again ("spam");
• Ask other players for their real names, phone numbers, e-mail addresses, addresses or passwords;
• Ask other players for money or try to sell Nanovor property through the Nanovor Game, on third party sites or your personal websites (including eBay);
• Run scams or "phishing" of any sort;
• Impersonate a Smith & Tinker staff member or representative, another player, or a character from the Nanovor Game;
• Attack or make any comments about other people that insults, abuses, harasses, or threatens other players;
• Make any comments about a person's race, gender, religion, or disability;
• Do anything illegal or tell anyone to do anything illegal;
• Attempt to hack the Nanovor sites, software or Nanoscope, attempt to use the Nanovor Game to distribute viruses, malware or other harmful components, or distribution of information on how to hack the sites, software or Nanoscope;
• Give other people "cheats" or "hacks," or information or links to sites claiming to have these;
• Write or post things that are not generally related to the activities supported by the Nanovor Game or are antisocial, disruptive or destructive (e.g. flaming, spamming, flooding, trolling, etc.); and/or
• Do anything else that Smith & Tinker deems, in its sole discretion, to be inappropriate for the Nanovor Game.

If you witness anyone engaging in any of the above prohibited behaviors, please send an email to this address to report them.

3. Consequences
If you do any of the things listed above, we may take action to remedy the harm done, including suspending your account, contacting your parents or guardians, contacting your Internet Service Provider, deleting your account, blocking your IP address to prevent you from accessing our sites, or contacting law enforcement. We will not be liable to you or to any other person for terminating your user account or blocking you from the Nanovor Game. If your user account is terminated or blocked, you will lose any Nanovor property, currency, monsters, credits or any other attributes associated with the account.

4. User Content
If you register to participate in the Nanovor Game, you may decide to post your own content (like chatroom postings, comments, etc.). You are responsible for any content that you upload, publish, display, or link to on or through the Nanovor Game, or transmit to or share with other users. We have no ability to control your content or any other content posted by other users through the Nanovor Game, but we reserve the right to modify or remove, at our discretion, any content posted by you to the website. By posting or providing content you agree that you have the right to do so without infringing any third party's rights.

We may, from time to time, invite users to submit content to us (such as artwork, e-mails or feedback). If you submit content to us, we may choose to use it on our sites or elsewhere when talking about Nanovor. If you are under age 18, you should check with your parent or legal guardian before you send us anything or post it on our sites. By sending in your content, you (and your parents or legal guardians) agree that (i) you have the right to submit the content to us and (ii) it's okay for us to use it in connection with the Nanovor Game, in any way we want, at any time, without limitation and without any acknowledgment of you or payment to you of any kind.

5. Nanocash
In order to obtain Nanocash, you may be required to provide Smith & Tinker or another payment service designated by us with certain credit card information and other information related to your credit card transaction, or you may purchase or receive gift cards purchased from various retailer stores. In any case, we will automatically convert your payment or gift card into a certain amount of Nanocash that can be used to obtain Nanovor Property (defined below). ONCE YOU AUTHORIZE US OR OTHER DESIGNATED PAYMENT SERVICE TO CHARGE YOUR CREDIT CARD FOR A CERTAIN AMOUNT, SUCH AMOUNT IS NOT REFUNDABLE, UNDER ANY CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE NANOVOR GAME. You understand that any credit card transaction-related information will be treated by the S&T in the manner described herein and in our Privacy Policy, and, as applicable, in the manner described in the privacy policy of any third-party payment service that we choose to use. You agree to pay all charges incurred by you resulting from your participation in the Nanovor Game and for any applicable taxes, fees, bank-related charges or credit card fees relating to such transactions.

6. Nanovor Property
While you play the Nanovor Game, you may decide to use Nanocash to license a variety of Nanovor property, such as digital booster packs, mini-games, and other digital items that may be offered from time to time ("Nanovor Property"). Each item of Nanovor Property that you license will be included in your user account while your account remains active. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR NANOVOR PROPERTY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE NANOVOR PROPERTY. Smith & Tinker has no liability for the loss of Nanovor Property from your account, but we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. Price and availability of the Nanovor Property are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the Nanovor Property to any third person or entity whatsoever.

7. Our Content
All title, ownership rights and intellectual property rights in and to the Nanovor Game (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, user interface designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Smith & Tinker. The Nanovor Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Nanovor Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of these Terms of Use. No content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our permission.

Nanovor™, Nanoscope™, Nanolog™ and Nanocash™ are trademarks of Smith & Tinker, Inc. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.

8. Privacy Policy
We care about the privacy of our users, and Smith & Tinker complies with the Children's Online Privacy Protection Act ("COPPA") and the Children's Advertising Review Unit ("CARU") rules. To learn more about the personal information we collect from you (including from children under the age of 13) please visit our Privacy Policy.

9. Copyright Policy
Please refer to our Copyright Policy for information on how we conform to the Digital Millennium Copyright Act and our policies on copyrights and copyright complaints.

10. Modifications to Nanovor Game
We reserve the right to modify or terminate any or all portions of the Nanovor Game at any time and effective immediately. We will use commercially reasonable efforts to keep the Nanovor Game in operation through June 1, 2010. Smith & Tinker shall not be liable to you or any third party for termination of all or any portion of the Nanovor Game. If you object to any modifications to the Nanovor Game or become dissatisfied with the Nanovor Game in any way, your only recourse is to immediately discontinue use of the Nanovor Game.

11. Disclaimers
Smith & Tinker does not control and is not responsible for what users contribute to the Nanovor Game and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on or in connection with your use of the Nanovor Game. We are not responsible for the conduct, whether online or offline, of any user of the Nanovor Game.

The Nanovor Game may be temporarily unavailable from time to time for maintenance or other reasons. Smith & Tinker assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications or user content. Under no circumstances will we be responsible for any loss or damage, including to any user content or personal injury or death, resulting from anyone's use of the Nanovor Game, any user content linked to or posted on or through the Nanovor Game, or any interactions between users of the Nanovor Game.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

THE NANOVOR GAME, AND ALL CONTENT, USER CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE NANOVOR GAME ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SMITH & TINKER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SMITH & TINKER MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, USER CONTENT OR SERVICE OFFERED OR SOLD THROUGH THE NANOVOR GAME, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NANOVOR GAME, (iii) THE CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE NANOVOR GAME, OR (iv) THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS OR MATERIAL. YOUR USE OF AND RELIANCE ON THE NANOVOR GAME IS AT YOUR SOLE RISK. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

12. Limitation of Liability
NEITHER SMITH & TINKER NOR ITS LICENSORS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE NANOVOR GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SMITH & TINKER SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL SMITH & TINKER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall Smith & Tinker's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) $50.00 United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

13. Indemnity
You agree to indemnify and hold Smith & Tinker, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any third-party claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees), arising out of any user content you provide, your use of the Nanovor Game, your conduct in connection with the Nanovor Game or with other users of the Nanovor Game, or any violation of these Terms or of any law or the rights of any third party.

14. Notices
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Smith & Tinker may broadcast notices or messages through the Nanovor Game to inform you of changes to this Agreement, the Nanovor Game, or other matters of importance. Such broadcasts shall constitute notice to you. You can contact us at info@smithandtinker.com, by telephone at (425) 641-3376 or by postal mail at 3060 139th Ave. SE, Suite 100, Bellevue, WA 98005.

15. Miscellaneous
This Agreement constitutes the entire agreement between you and Smith & Tinker with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect. If you are accessing the Nanovor Game in the United States, this Agreement shall be governed by the law of the State of Washington, without regard to choice of law principles. If you are accessing the Nanovor Game outside the United States, local laws may apply. You agree that regardless of any statute or law to the contrary, any dispute arising out of or related to use of the Game must be submitted to the other party within one (1) year after such claim or cause of action arose or be forever barred.

16. Changes to the Terms of Use Agreement
We reserve the right to modify this Terms of Use Agreement from time to time. If we modify this Agreement, we will indicate that we have done so on the Nanovor.com or HanoverHigh.com websites. Use of the Nanovor Game constitutes your acceptance of any modified Agreement.

17. Termination and Discontinuation

1. Termination. This Agreement is effective until terminated. If you wish to terminate your user account you may do so by contacting Smith & Tinker, Inc. Upon our acceptance of your request your user account will be terminated. We reserve the right to terminate your user account and this Agreement if you violate the terms and conditions of this Agreement. We also reserve the right to suspend or terminate your user account and this Agreement in our reasonable discretion.
2. Discontinuation of Nanovor Game. Smith & Tinker reserves the right to discontinue the Nanovor Game at any time. Upon such discontinuation your account and this Agreement shall terminate.
3. Effect of Termination. Upon termination of your user account and/or this Agreement for any reason, your right to use the Nanovor Game (including, without limitation, any Nanocash and/or Nanovor Property in your user account) shall immediately cease. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR USER ACCOUNT OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TO PROVIDE YOU WITH A REFUND OF ANY CHARGES YOU AUTHORIZED US OR ANY DESIGNATED PAYMENT SERVICE TO CHARGE TO YOUR CREDIT CARD(S) IN CONNECTION WITH YOUR PURCHASE OF NANOCASH, WHETHER OR NOT YOU ACTUALLY USED THE NANOCASH TO OBTAIN NANOVOR PROPERTY.