Terms and Services for EmuBrowser.com

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 13 [thirteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.

License to use website

Unless otherwise stated, emubrowser.com and/or its licensors own the intellectual property rights published on this website and materials used on emubrowser.com. to the license below all, these intellectual property rights are reserved Subject.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or web scrapers.
  • Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Game Rental Agreement

  • I exonerate EmuBrowser from all claims or liabilities to all parties, damage or loss of property arising out of or during use of the 3rd party NeptunJS remote API. I understand that federal law prohibits the reproduction of all copyrighted works.
  • I Understand that the title and and emulator is being rented to me to use one time on the open of EmuBrowser game launcher NeptunJS, emulators On closure of any services used will be “REMOVED” upon close down of the game.
  • I Also understand that I may only play titles of which I have own, owned or purchased in the past and that I am renting a copy from EmuBrowser to play at my convenience. I also understand that I must be able to prove ownership upon request.
  • I understand that EmuBrowser will not offer any titles games or ROMs for download. EmuBrowser does not distribute ROMs or demos. We only offer you a rental of any of ROM or demo selected which is removed upon closure of the game.

Additional terms

  • When playing games at emubrowser.com you are “renting” a digital copy of each game and will not have the ability to download the game to your machine
  • EmuBrowser does not sell any software it does not fully own nor does EmuBrowser condone that sort of act
  • EmuBrowser will remove any copyright violations request and proof the game upon written proof of copyright ownership
  • You can save your game files locally on your machine for safe keeping
  • EmuBrowser is a free community dedicated to gamer’s world wide. We are free but allow users to donate money which goes towards bandwidth costs and development of future features
  • Any third party brands or trademarks listed above are the sole property of their respective owners. No affiliation or endorsement is intended or implied.
  • Emulators are completely legal, in order to play the ROMs you’re legally required to own or have owned the original games to play them
  • We do not offer a means to download any of the ROMs or games played after you have played the game it is removed from the browsers cache

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of emubrowser.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without emubrowser.com’s express written consent.

This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of emubrowser.com.

Restricted access

Access to certain areas of this website is restricted. emubrowser.com reserves the right to restrict access to certain areas of this website, or at our discretion, for the entire website. emubrowser.com may change or modify this policy without notice.

If emubrowser.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.. emubrowser.com may disable your user ID and password at emubrowser.com’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to emubrowser.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to emubrowser.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or emubrowser.com or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

emubrowser.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of emubrowser.com, or hosted or published upon this website.

emubrowser.com’s rights under these terms and conditions in relation to user content, emubrowser.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. emubrowser.com makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, emubrowser.com does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

emubrowser.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if emubrowser.com has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of emubrowser in respect of any:

  • death or personal injury caused by the negligence of emubrowser.com or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of emubrowser.com; or
  • matter which it would be illegal or unlawful for emubrowser.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website. Other parties

You accept that, as a limited liability entity, emubrowser.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against emubrowser.com’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect emubrowser.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as emubrowser.com. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify emubrowser.com and undertake to keep emubrowser.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by emubrowser.com to a third party in settlement of a claim or dispute on the advice of emubrowser.com’s legal advisers) incurred or suffered by emubrowser.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to emubrowser.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, emubrowser.com may take such action as emubrowser.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

emubrowser.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

emubrowser.com may transfer, sub-contract or otherwise deal with emubrowser.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Legal Definitions

  • In some countries, it is legal for an individual to personally make backup copies of a game they own. Individuals may make backup copies for various reasons, perhaps as insurance against losing the game or as redundancy in the event that the original game’s medium becomes unreadable. See the section on ROMs and Preservation.
  • However, in the U.S. it has been illegal since 1983 for a user to create their own backups of video game ROMs onto other cartridges. This was decided in the court case of Atari v. JS&A. JS&A manufactured a “game backup” device that allowed users to dump their Atari ROMs onto a blank cartridge. JS&A argued that the archival rule allowed for this. The court disagreed, noting that ROM media was not subject to the same volatility as magnetic media (for which the law was created). Thus, not being so relatively vulnerable, ROMs were not applicable under section 17 USC 117(a)(2).[5]
  • Some games companies, such as Nintendo, print warnings inside their game manuals that they do not allow users to make backup or archival copies. Whether or not these warnings in this specific form can be considered valid contracts is legally questionable.
  • ROM images may be directly licensed by the rights holder. For example, Atari once made a number of their original arcade games available in ROM format which is compatible with the MAME emulator through the online ROM retailer Star ROMs. Nintendo provides a service on their 7th generation console, the Wii, that allows players to purchase old games from various systems, such as the NES, which will download a ROM image and emulator upon purchase (see Virtual Console). This is similar to the PlayStation Store re-releases of games for the original PlayStation for the PlayStation 3 and PlayStation Portable, and the Xbox Live Arcade’s re-release of many old video games such as the original Sonic the Hedgehog for the Xbox 360.
  • The vast majority of computer and video games from the history of such games are no longer manufactured. As such, the copyright holders of some games have offered free licenses to those games, often on the condition that they be used for non-commercial purposes only. For example, fourteen of the games emulated in MAME, including Gridlee and Robby Roto, have been made available under such licenses and are distributed by the MAME project

Digital Preservation

  • In some countries, it is legal for an individual to personally make backup copies of a game they own. Individuals may make backup copies for various reasons, perhaps as insurance against losing the game or as redundancy in the event that the original game’s medium becomes unreadable. See the section on ROMs and Preservation.
  • However, in the U.S. it has been illegal since 1983 for a user to create their own backups of video game ROMs onto other cartridges. This was decided in the court case of Atari v. JS&A. JS&A manufactured a “game backup” device that allowed users to dump their Atari ROMs onto a blank cartridge. JS&A argued that the archival rule allowed for this. The court disagreed, noting that ROM media was not subject to the same volatility as magnetic media (for which the law was created). Thus, not being so relatively vulnerable, ROMs were not applicable under section 17 USC 117(a)(2).[5]
  • Some games companies, such as Nintendo, print warnings inside their game manuals that they do not allow users to make backup or archival copies. Whether or not these warnings in this specific form can be considered valid contracts is legally questionable.
  • ROM images may be directly licensed by the rights holder. For example, Atari once made a number of their original arcade games available in ROM format which is compatible with the MAME emulator through the online ROM retailer Star ROMs. Nintendo provides a service on their 7th generation console, the Wii, that allows players to purchase old games from various systems, such as the NES, which will download a ROM image and emulator upon purchase (see Virtual Console). This is similar to the PlayStation Store re-releases of games for the original PlayStation for the PlayStation 3 and PlayStation Portable, and the Xbox Live Arcade’s re-release of many old video games such as the original Sonic the Hedgehog for the Xbox 360.
  • The vast majority of computer and video games from the history of such games are no longer manufactured. As such, the copyright holders of some games have offered free licenses to those games, often on the condition that they be used for non-commercial purposes only. For example, fourteen of the games emulated in MAME, including Gridlee and Robby Roto, have been made available under such licenses and are distributed by the MAME project
  • The lifespan of digital media is rarely great. While black-and-white photographs may survive for a century or more, many digital media can become unreadable after only 10 years. This is beginning to become a problem as early computer systems may be presently fifty or sixty years old while early home video consoles may be almost thirty years old. Due to this ageing, there is a significant worry that many early computer and video games may not survive without being transferred to new media. So, those with an interest in preservation are actively seeking older arcade and video games and attempting to dump them to ROM images. When stored on standardized media such as CD-ROMs and DVD-ROMs, they can be copied to future media with significantly reduced effort.
  • The trend towards mass digital distribution of ROMs images, while potentially damaging to copyright holders, may also have a positive effect on preservation. While over time many original copies of older games may deteriorate, be broken or thrown away, a copy in ROM or Image form may be distributed throughout the world, allowing games which would otherwise have been lost a greater chance of survival.

Entire agreement

  • These terms and conditions, together with emubrowser.com’s Privacy Policy constitute the entire agreement between you and emubrowser.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
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