1. Accepting the Terms
Welcome to NyMafia.com a text based online game. NyMafia.com provides its service to you, subject to the following Terms of Service (" TOS "). These Terms of Service are subject to change at anytime. It is the responsibility of the player to be aware of and in compliance with the Terms of Service at all times. Failure to do so may result in the immediate deletion of your account without refund of your payment. Major changes to the Terms of Service will be announced on the Site Updates, which is presented under menu on the left hand side.
2. Description of Service
NyMafia.com currently provides users with access to online entertainment in the form of a text based online game in which users communicate with each other (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements might be necessary for NyMafia.com to provide the Service. You also understand and agree that the service may include certain communications from NyMafia.com, such as service announcements, administrative messages and the NYMafia Newsletter, and that these communications are considered part of your NyMafia.com membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new NYMafia properties, shall be subject to the TOS . You understand and agree that the Service is provided "AS-IS" and that NYMafia assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
By accepting the terms of this Agreement and paying the membership fee, you have become a payer of the Service with the privilege to use the Service and the obligations set forth in these terms. Paying members are allowed access to additional parts of the Service which are not accessible to non-paying members.
3. Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
You will provide an email address which we can contact you for the duration of you membership. Paying members will provide NyMafia.com with 1 (one) email address and accept that this will be the only email address used for communications with them. This email address can not be changed during the entire membership.
If you provide any information that is untrue, inaccurate, not current or incomplete, or NYMafia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NyMafia.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
NyMafia.com collects personal information when you register as a paying member with NyMafia.com, when you use NyMafia.com products or services, when you visit NyMafia.com pages and when you enter promotions or sweepstakes.
When you register we ask for information such as your name, email address, birth date, address, gender, zip code, bank account number, and personal interests. Once you register with NyMafia.com and sign in to our services, you are not anonymous to us.
NyMafia.com automatically receives and records information on our server logs from your browser, including your IP address, NyMafia.com cookie information, and the page you request.
NyMafia.com uses information for the following general purposes: fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
NyMafia.com does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
NyMafia.com might display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria - for example, men ages 18-28 from a particular geographic area.
NyMafia.com does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
NyMafia.com may set and access NyMafia.com cookies on your computer.
5. Member Account Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NyMafia.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NyMafia.com cannot and will not be liable for any loss or damage arising from your failure to comply with this.
6. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NyMafia.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. NyMafia.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NyMafia.com be liable in any way for any Content, including, but not limited to, 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, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. When a user is reported doing so appropriate measures will be taken. Verbally abusing players and staff is considered poor etiquette and measures can be taken without notice or explanation;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a NyMafia.com administrator, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
5. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7."Stalk" or otherwise harass another; or
8. Collect or store personal data about other users.
9. Errors in the system (this is the game and hardware) to benefit from it, it is considered as cheating. All bugs should be reported to an administrator as soon as discovered;
You acknowledge that NyMafia.com does not pre-screen Content, but that NyMafia.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, NyMafia.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you 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. In this regard, you acknowledge that you may not rely on any Content created by NyMafia.com or submitted to NyMafia.com, including without limitation information in NyMafia.com's forums and in all other parts of the Service.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
NyMafia.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, to the extent that portions of this game provide users an opportunity to post and/or exchange information. Although we periodically monitor exchanged and posted information, in no event does NyMafia.com assume or have any responsibility or liability for any postings/messages for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this game or elsewhere.
Users remain solely responsible for the content of their messages and postings. However, NyMafia.com reserves the right to edit, delete, or refuse to post any messages that violates these Terms of Service or common sense, as well as revoke the privileges of any user who does not comply with these Terms of Service
You agree to indemnify and hold NyMafia.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS , or your violation of any rights of another.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
A special word on paying accounts: It's prohibited to sale paying accounts.
11. General Practices Regarding Use and Storage
You acknowledge that NyMafia.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on NyMafia.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that NyMafia.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that NyMafia.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that NyMafia.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Modifications to Service
NyMafia.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NyMafia.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that NyMafia.com may, under certain circumstances and without prior notice, immediately terminate your NyMafia.com account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your NyMafia.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in NyMafia.com sole discretion and that NyMafia.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NyMafia.com has no control over such sites and resources, you acknowledge and agree that NyMafia.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NyMafia.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. NyMafia.com's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NyMafia.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
NyMafia.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by NyMafia.com for use in accessing the Service.
16. Disclaimer of Warranties
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NyMafia.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NyMafia.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR- FREE , THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NyMafia.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT NyMafia.com) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NyMafia.com, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE , WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY NyMafia.com OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT NyMafia.com HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE .
USE OF THE SITE CONSTITUTES AGREEMENT WITH THE CURRENT TERMS
AND AND CONDITIONS.
NyMafia.com will do anything in its power to keep the site up and running. We can not guarantee the connection. If the connection failed we will not refund any payments.
18. Game Law:
Users agree to follow all game laws; these game laws are attached as APPENDIX A and understand that violation will result in measurements taken.
19. Terminating Your Account
Individuals who no longer wish to play NyMafia.com may terminate their accounts by not logging into their accounts any more.
20. Operational Interface
Users agree not to, through use of software or other means, interfere with game operation and page content. Users agree to follow Administrator requests and instructions.
21. Force Majeuere
NyMafia.com shall not be held responsible for any failure to perform its obligations under this Terms of Service (Connectivity, loss of account information) if such failure is caused by events or conditions beyond NyMafia.com's control.
Other sections of the game may have its own rules (such as the chat rooms.) These rules are an addition to the Terms of Service, not a replacement. Violation of these rules is considered to be a violation of the Terms of Service and will be dealt with accordingly. Please familiarize yourself with all game rules before playing. Failure to be familiar with the game rules is not an excuse for breaking them and will not be accepted as a defense of your account.
23. PLAYER STAFF INTERACTION
Both players and staff are expected to coexist in a polite and respectful environment. This applies to professional interaction only, as there are instances when the staff member is acting in the capacity of a player, and not an administrator. This is not to say a staff member may become abusive and claim they were acting in a player capacity, but it does mean a staff member need not be stoic at all times. They're volunteers, and need to relax/get into arguments too. This should never be the case in professional settings (i.e. Customer Service requests).
24. Community Guidelines
Since people of diverse ages, backgrounds, religions, and nationalities play the Service, it is expected that the players will refrain from speech that is deliberately inflammatory, excessively vulgar, and/or personally derogatory. In other words: No flaming and keep the "trash talk" to a minimum. This applies to the general chat (public and private) as well as the notes (public and private). Pushing excessive quantities of chat (public or private) into the game, whether directed at the entire game or at a particular player is considered spamming.
The public chat and forums are not the exclusive domain of any one language.
In addition, using the Service to promote the distribution of or access to warez, MP3s, or other illegal software or products is strictly forbidden and will not be tolerated.
Using the Service to distribute pornography or access to pornography of any kind is strictly forbidden and will not be tolerated.
Following is a list of violations of game law, and the resulting punishments. If the offending player holds multiple accounts, all accounts may be subjected to the same punishment. (That is to say the offender is a person behind any given number of accounts, not just a particular account) Some offenses may result in temporary suspension of posting privileges, the jail terms are reserved for repeat offenders. Game staff reserve the right to interpret these laws in certain situations to maintain the spirit of said laws.
Intentionally spamming or flooding of message boards, chat rooms, or other communication venues will result in a 5 day prison term. Advertising is considered flooding too.
2. Player Harassment
As a side note, this is a difficult topic to be concise about. The Internet is such that public "flame wars" are bound to happen. It is therefore up to game staff to determine when a communication crosses the line into abusive. This is not to say everyone must play nice, this is a mafia game after all. The harassment law only applies to continued and targeted harassment of a particular person, not the occasional insult. The following language assumes a staff member has deemed the interaction as continued harassment. Public harassment of fellow players will result in a 10 day prison term. In general, private communications are just that, private, and not subject to decency or harassment laws. Players are encouraged to use the provided privacy tools to stop harassment. With that said persons who attempt to undermine the privacy tools will also get their 10 days in prison.
3. Staff Harassment/Slander
Any complaints against staff will be presented in a clear, courteous manner, bereft of profanity and overflowing in wit and charm. Slanderous/personal attacks/profane communications against staff members will not be tolerated, and will result in the offending remarks removed, and a 10 day prison sentence for the disseminator.
Programs designed to automate actions on the game are not permitted Accounts found to have scripts will be put in prison for 60 days.
5. UNAUTHORIZED ACCESS OF ANOTHER ACCOUNT
Logging in to, or using another person's account without express permission will result in deletion of any/all of the offender's accounts. To clarify the account sharing issue - you cannot share an account with another person, paid or unpaid. You may "baby-sit" someone's account, but you may not use another person's account as your own for a prolonged period of time. (and none of this "I was babysitting their account - for 2 years straight!") This rule is mainly in place to deal with situations where two people claim ownership over an account. Whoever pays the bills owns the account. Additionally, shared use of someone's paid account to access subscriber-only content or features is not "okay since it's paid for," it's stealing. It's just like going to an all-you-can-eat buffet and sharing.
7. Game Bug Abuse
Depending on severity, game bug abuse will result in anywhere from a 30 day prison term to account deletion. Bugs, loopholes, security flaws, or any inconsistencies in the game should be immediately reported in the appropriate thread on the message boards.
Players that break the Terms of Service can be banned, this is a game state in which the player has no longer control of his account. Neither can the player create new accounts. The only way for a player to get out of this prison is to show regrets for breaking the Terms of Service it is up to the staff to determine if these regrets are sincere, if the staff does not find the regrets sincere the player will not get out of prison.