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Written by Nimbus Garden   
Tuesday, 01 February 2011 20:19

Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

ACCEPTANCE OF CONTRACT TERMS

The following terms of use (“Terms of Use”) are the terms of a legal agreement between you, on the one hand, and Nimbus Garden, Inc. (hereinafter collectively referred to as “NG”), on the other hand.

The NG web group is comprised of various web sites, web pages, portals, games and software (as defined herein) owned and/or controlled and operated by NG (collectively, the “Wares”).

The Wares are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and as outlined on any of the Wares. By accessing, browsing and/or using the Wares, you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY OF THE WARES.

IF YOU BREAK OR VIOLATE ANY OF THESE TERMS AND CONDITIONS OR OTHERWISE VIOLATE ANY CODES OF CONDUCT, YOUR ACCOUNT, AND YOUR RIGHT TO USE THE WARES MAY BE TERMINATED OR SUSPENDED IMMEDIATELY BY NG IN ITS SOLE DISCRETION AND WITHOUT NOTICE. IF YOUR ACCOUNT IS SUSPENDED OR TERMINATED YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS PAID BY YOU TO USE THE SITES AND YOU WILL FORFEIT ALL OF YOUR UNUSED ACCESS TIME. YOU REPRESENT AND WARRANT THAT YOU ARE EITHER 18 YEARS OLD OR OLDER, OR HAVE OBTAINED EXPRESS CONSENT BY YOUR PARENT OR GUARDIAN.

You may become a member (“Member”) of NG by registering on the web site located at www.NimbusGarden.com or via any of the various sites, games, portals, or software developed by NG. If you have questions about these Terms of Use, please contact us at This e-mail address is being protected from spambots, you need JavaScript enabled to view it .

The Wares may each contain additional terms, codes of conduct or guidelines that govern use of each particular Ware, including without limitation, particular features (i.e., chat rooms and/or bulletin boards) and/or special offers (i.e., sweepstakes and contests).

In the event that any of the terms, conditions, and notices contained in these Terms of Use conflict with the additional terms, codes of conduct and/or guidelines contained within any particular Ware, then these Terms of Use shall control; provided that in the event any subscription to a game, the particular terms of service and play for that game shall prevail.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular Ware, or any product or service offered through the Wares requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NG immediately of any unauthorized use of your account or any other breach of security. NG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NG or another party due to someone else using your account or password.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may not advertise any goods or services on the Wares. Chain letters and pyramid schemes are not allowed. You may not use any of the Wares to collect information about NG Members, including, but not limited to, login names and passwords, and the use of any such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit the Wares, or any games or services offered via the Wares for any commercial purposes. Any violation of these provisions can subject your Member account to immediate termination (or result in revocation of Guest status) and further legal action, at NG’s discretion.

The communication features provided by NG, including, but not limited to forums, chat rooms and bulletin boards, are free services provided to Members. By posting messages, creating or modifying a home page, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively “Communications”) to or through the Sites, you agree to be bound by the following terms and conditions.

  • All Communications are the sole responsibility of those persons posting or transmitting the Communication. NG has no obligation to monitor or supervise Communications, and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right to monitor or supervise them in its sole discretion.
  • NG does not control the content of any Communications and does not guarantee the accuracy, integrity or quality of anything within them.
  • The Member or user acknowledges that by using the communication features provided via the Wares, you may be exposed to Communications and other content that is offensive, indecent or objectionable.
  • Under no circumstances will NG be liable for any errors or omissions in any Communication or for any loss or damages of any kind incurred as a result of the use of any information contained within the communication features provided via the Wares.
  • If NG receives notification of a Member or user regarding Communications which allegedly do not conform to this Agreement, NG may investigate the allegations and determine in good faith and at its sole discretion whether or not to remove or request the removal of the Communication.
  • NG reserves the right to expel Members and users and prevent their further access to the Wares for violating this Agreement or violating the law. NG also reserves the right to remove Communications which are abusive, illegal, disrespectful, or disruptive.
  • NG reserves the right to release information to the appropriate authorities, as a result of a violation of our standards, or any other unlawful act, if the information is subpoenaed, and/or if NG deems it necessary and/or appropriate.
  • NG retains the right to terminate the membership of any Member or Guest who violates the following Rules of Conduct.

RULES OF CONDUCT

In addition to the limitations set forth above, you will violate the Terms of Use if you in NG’s sole discretion (or others using your Account) do any of the following:

  • Post, transmit, promote, or distribute Communications or content that is illegal.
  • Harass, threaten, embarrass, or stalk or cause distress, unwanted attention or discomfort to another Member or Guest.
  • Post content or send Communications of any form impugning someone’s race, sexual orientation, religion, national origin, political beliefs, or ethnic heritage.
  • Transmit or facilitate distribution of content or Communications that are harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
  • Post or communicate “Hate speech.”
  • Organize or form or attempt to organize or form any groups online and/or among other Members or Guests based on slanderous or hate philosophies.
  • Modify any part of the Sites and/or Software without the prior written consent of NG.
  • Disrupt the flow of chat in chat rooms or within Software that include chat functionality with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, or flooding [posting repetitive text].
  • Impersonate another person (including celebrities), impersonate an NG employee or a representative of NG, attempt to mislead users by indicating that you represent NG or any of NG’s partners or affiliates.
  • Attempt to interfere with, hack into or decipher any transmissions to or from NG servers or otherwise acquire a password, street address, credit card numbers, account information, or any other private information from a Member or any other user via the Wares.
  • Give false information or intentionally hide any information that is required for Membership or by the Software.
  • Share your account password with anyone and/or sell or otherwise transfer your account to anyone.
  • Do not follow the instructions of authorized personnel on the Wares.
  • Upload or distribute any software or content that you do not own or have permission to freely distribute.
  • Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
  • Upload files that contain a virus or corrupted data.
  • Post Communications for any purpose other than personal communication, or transmit advertising, promotional materials, chain letters, pyramid schemes, or make any commercial use of our Wares.
  • Improperly use the in game support or complaint buttons or make false reports to NG staff members.
  • Violate the terms of use of third party tools, interactive service providers, state, local, federal laws, or foreign or international law where appropriate.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other Member or user from using and enjoying the communication features on the Wares.
  • Sell or distribute, outside of the game, any element of the games including without limitation game’s characters, names, weapons, objects, skills, virtual currency and other features.

Character names you may create in the Software and via the Wares are subject to the same rules and guidelines as other forms of in-game or Wares Communication in addition to any specific character naming policies specifically applicable to the games. In the event a character name does not conform to these guidelines, NG shall have the right to suspend and/or terminate your account, or at NG’s sole discretion change the character names that do not conform to the guidelines. If NG terminates the account or changes a name for a violation of the naming policy no refunds or reimbursements will be given. In addition to the aforementioned general rules, these following rules apply to any in game name that is user defined.

By submitting or posting Communications to a Site, including, but not limited to, a character name, you automatically grant NG the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Communications (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In addition, you warrant that any and all so-called “moral rights” in the Content have been waived. You hereby waive all rights to any claim against NG for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

ILLEGAL BEHAVIOR

Illegal behavior involving the use of any of the Wares shall be grounds for the termination of a Member’s account. NG shall fully cooperate with law enforcement officials on such matters and prosecute such offenses to the full extent of the law.

INDEMNIFICATION

You agree that you will be personally responsible for your use of the Wares and for all of your Communications and activities via the Wares, including any content you contribute, and that you will indemnify, defend and hold harmless NG, and its respective affiliates, employees, officers, and directors from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by NG in connection with your use or alleged use of the Wares, including your conduct, and any Communications and/or content that you contribute to the Wares, and any breach of the Terms of Use or License Agreement (as defined herein). NG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with NG’s defense of such claim.

LINKS TO THIRD PARTY SITES

The Sites may contain links to third party web sites (“Linked Sites”). These Linked Sites are not under the control of NG and NG is not responsible for the contents of any Linked Sites, including without limitation, any links contained in a Linked Site, or any changes or updates to a Linked Site. NG is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is NG responsible if the Linked Site is not working appropriately. NimbusGarden.com and various Wares are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NG of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Wares or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. NG shall not be responsible or liable for any part of any such dealings or promotions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITES

All content and software (“Software”) (if any) that is made available to view, play and/or download in connection with the Wares, excluding content and/or software that may be made available by Members or users through a communication feature, is owned by and is the copyrighted work of NG and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. You acknowledge and agree that you do not acquire any rights of ownership regarding the Sites, and/or any element of the Software including without limitation the universe, characters, plot and names which may be created by you while playing the Software.

For any Software not accompanied by a License Agreement, NG hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Ware in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WARES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WARES AND TO THE INFORMATION THEREIN. NG AND ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WARES AT ANY TIME.

NG AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NG AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, COMMUNICATIONS, CONTENT AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT NG SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS COMMUNICATIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY OF THE SITES. YOU SPECIFICALLY AGREE THAT NG IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NG IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN WARES BY ANY THIRD PARTY.

IN NO EVENT SHALL NG AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WARES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES COMMUNICATIONS, CONTENT AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WARES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NG OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WARES.

NG DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ON THE SITES OR PLAYING THE SOFTWARE. IN THE EVENT THAT NG CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL NG, THEIR PARENT, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND/OR EMOTIONAL DISTRESS AND/OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SOFTWARE OR YOUR TIME SPENT PLAYING THE SOFTWARE. EXCEPT AS PROHIBITED BY LAW, OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID BY YOU TO USE THE SITE, OR (ii) $100.

OTHER LIMITATIONS

You acknowledge that NG reserves the right to log off accounts that are inactive for an extended period of time.

NG MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SERVICE CONTACT: This e-mail address is being protected from spambots, you need JavaScript enabled to view it

TERMINATION/ACCESS RESTRICTION

Either you or NG has the right to terminate or cancel your membership or a particular subscription at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with NG. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of the Membership Agreement or NG’s enforcement or application of these Terms of Use; (2) any policy or practice of NG, including the Privacy Policy, which you may review at: http://nimbusgarden.com/index.php?option=com_content&view=article&id=52:privacy&catid=31:general&Itemid=54 or NG’s enforcement or application of these policies; (3) any content or Software available through the Wares or any change in content provided through Wares; (4) your ability to access and/or use the Wares; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods in connection with the Wares. You can cancel your membership or a particular subscription by delivering notice to NG at This e-mail address is being protected from spambots, you need JavaScript enabled to view it . NG reserves the right to collect fees, surcharges or costs incurred before you cancel your NG membership or a particular subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated by you or NG, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or converted to cash or other form of reimbursement. Active NG Members may not allow former Members whose memberships have been terminated by NG to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved issues with NG must be settled before NG may allow you to register or use the Wares again. Notwithstanding any contrary provision herein, in the event NG decides to cancel or discontinue some of its service for any reason whereas you have paid in advance for some of these canceled services, NG will refund you the prorated portion of the overpaid fees.

INTELLECTUAL PROPERTY

The Wares, including, without limitation, all communication features, contain copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photographs, video, graphics, music and sound, and the entire contents of the Wares and each area contained therein are copyrighted as a collective work under the United States copyright laws. NG owns a copyright in the selection, coordination, arrangement and enhancement of such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content contained on the Wares (including, without limitation, content that NG enables you to download) without the express written permission of NG and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. The downloading of copyrighted material from the Sites is allowed by you only for your own use. You acknowledge that the NG and/or third-party content providers remain the owners of all materials posted on the Wares, and that you do not acquire any of those ownership rights by downloading copyrighted materials.

SUBMISSIONS

NG is pleased to hear from their customers and welcomes their comments regarding NG’s services and the Wares. Unfortunately, however, company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by NG’s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If at our request you send certain specific submissions (e.g., Communications, including, postings and creative submissions) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of NG. None of the Submissions shall be subject to any obligation of confidence on the part of NG, and NG shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, NG shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.

ONLINE GAMING ZONE

NG reserves the right to use numeric codes, global unique identifiers (guides), cookies or other technologies in order to identify specific computers that access the Wares. This information may be monitored to develop aggregate and anonymous statistics regarding computer use that may be used for NG operations or by third parties. Computer identification technology may also be used to enforce these Terms of Use. For more information on this matter, please refer to our Privacy Policy.

GENERAL TERMS AND CONDITIONS

This agreement is governed by the laws of the State of Michigan, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Houghton County, Michigan, U.S.A. in all disputes arising out of or relating to the use of the Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NG as a result of this agreement or use of theWares . NG reserves the right to disclose any personal information about you or your use of the Wares, including its contents, without your prior permission if NG has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of NG or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its Members or others. NG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NG’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Wares or information provided to or gathered by NG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and NG with respect to the Wares, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NG with respect to the Wares. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES

All content of the Wares are: Copyright © 2011 Nimbus Garden, Inc. and/or its suppliers, Address 1209 College Ave. Houghton, Michigan, 49931 U.S.A. All rights reserved.

TRADEMARKS. Nimbus Garden, Sprouts, and/or other products referenced herein are either trademarks or registered trademarks of NG in the U.S. and other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to NG at the address provided below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

This e-mail address is being protected from spambots, you need JavaScript enabled to view it

Last Updated ( Friday, 31 August 2012 01:08 )
 
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Cloud Creation Services

Nimbus Garden Inc. is a techno art & code house focused on radical mobile software and revolutionary interface design...

 

 ...but, we also have a knack at building business infrastructure.

 


 

If your small-to-large organization has need of:
 

Web Development

 

Infrastructure Development

 

Custom Application Development

Design Consultation Information Technology Outsourcing Mobile, Desktop, and Web 3.0 Experience
Content Management Customer Resource Management Commercial and Open Source Trajectories
Asset Management Enterprise Resource Planning World Class User Interfaces
Revision Tracking Collaboration Systems Site-specific Installations
Virtual Servers Science Clouds Peer-to-peer networking reduces your infrastructure requirements!
     

Our Personal Approach to each business and organizational scenario (we're talking software design here, for the architecture that supports your venture, this is not marketing speak), we've found, is best-suited to small businesses and startups looking for a comprehensive overhaul, or thorough analysis, review, and redesign of their entire web-aware and collaborative software options.  Our style of collaboration is informal, and we can hopefully invigorate your organization with a collaboration between us, which begins as a conversation about Software, and what it currently isn't, and can do for your Team.

Have one of our software architects address your situation through a personal consultation.

Your starting point is contacting our Cloud Creation Team.

 That said, all work and no play makes Jack a dull boy   , so:

We Also Have Several Games Under Active Development :)

Welcome to Nimbus Garden!

Nimbus Garden Inc. is a techno art & code house focused on radical mobile software and revolutionary interface design.

Our mantra at Nimbus Garden is "grow great games."  We hope you enjoy them!

Download Sprouts Today!

Only the Best

The Nimbus Garden programmers are among the best around. Our "Gardeners" hail from across the globe, and are veterans of industry leaders and academic powerhouses.

Do You Have a Green Thumb?

 Apply today!

The Keweenaw Peninsula

We chose to locate The Nimbus Garden Software Company in the Keweenaw Peninsula, on Lake Superior, because of the exceptional engineering and artistic community generated by Michigan Technological University, Finlandia University, and for the pristine natural beauty found throughout the region.

The Time to Invest is Now

The earliest investors stand to benefit the most, and will be rewarded with a commanding stake in one of the most innovative new companies so far this century. If you or your organization is in a position to support our development and growth, please do not hesitate to contact our executive staff.


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