Nordeus Terms of Service
Valid from 07 Jul 2017.
A quick summary:
1. These are the (legally binding) rules for Nordeus games and services, including Spellsouls: Duel of Legends and Top Eleven.
2. You are given a personal licence to access, use and/or play them (but Nordeus owns them).
3. There are rules regarding what you can and cannot do with the Nordeus Services (e.g. don’t cheat).
4. Depending on where you live, there are important rules regarding liability and dispute resolution (including mandatory arbitration and waiver of jury trial if you live in the USA).
This User Agreement (or “Agreement” for short) explains what you can and cannot do with Spellsouls: Duel of Legends, Top Eleven and other Nordeus services (which we explain below). Because we know legal wording is not much fun, we have included a short and informal summary of each section (but the full version is the legally binding one).
1. ABOUT THIS AGREEMENT
1.1. What is this Agreement? This Agreement is a legally binding contract between you and Nordeus Limited, (incorporated and registered in Ireland with company number 526421) of 3rd Floor, Kilmore House, Park Lane, Spencer Dock, Dublin 1, Ireland, as well as the Nordeus group of companies (“Nordeus”).
1.2. What does this Agreement apply to? This Agreement applies to our video games including Spellsouls: Duel of Legends and Top Eleven, our websites (including but not limited to www.Nordeus.com), any game key or code giving you access to it or any parts of them, Nordeus Virtual Goods and Virtual Currency (defined below), plus all other Nordeus products and services, including (but not limited to) user accounts, customer and technical support, official forums, wikis, blogs and social media services (we will refer to “Nordeus Services” to cover all of these things).
1.3. When does this Agreement apply to you? This Agreement will be binding on you and us once you download, install or use any of the Nordeus Services. If you do not agree to it, please do not use any of the Nordeus Services.
1.4. Will we ever change this Agreement? We may change this Agreement from time to time, for example to reflect changes in our services or to reflect applicable laws. If we do, we will make the changed Agreement available online and make reasonable efforts to notify you of it. It will become legally binding on you and us 30 days after we post it online. During that period, you are welcome to contact us at firstname.lastname@example.org if you have specific questions about the changes. If you do not agree to those changes (regardless of whether you email us), then unfortunately you must cease using the Nordeus Services: in order to make the Nordeus Services work properly we need to have everyone using them under the same rules instead of different people having different rules.
2. USING THE NORDEUS SERVICES
You have the personal right to use the Nordeus Services. If this involves a user account then you are responsible for it.
Legally, you must be at least 13 years old to use the Nordeus Services and if you are under 18 you need parental / guardian approval to use the Nordeus Services.
Some Nordeus Services may have minimum requirements and we might need to implement some anti-cheat tools / software. From time to time we may patch, update or change how the Nordeus Services work in order to keep them running efficiently and fun to play.
2.1. We give you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use the Nordeus Services on authorised devices/platforms. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else) and does not give you any ownership rights in the Nordeus Services. We own or license all Nordeus Services.
2.2. What about user accounts? In order to access the Nordeus Services you may need to create a user account or use an existing account (if you have one). You are responsible for protecting your user account and for your account activities. In particular, keep your account and password secure. In order to protect the Nordeus Services, users and Nordeus itself, we reserve the right if necessary to reject any user account if it would breach this Agreement or other applicable rules.
2.3. Are there any age restrictions? Legally, you must be at least 13 years old to use the Nordeus Services. If you are between 13 and 18 (or whatever is the age of adulthood in your country), please ask your parent or guardian to review and approve this Agreement and to supervise your use of the Nordeus Services. Some Nordeus Services may have age ratings, which will be displayed when you purchase and/or download them.
2.4. Are there any minimum requirements? Some Nordeus Services will have minimum requirements depending on your chosen device/platform, of which you will be notified at the time. It is your responsibility to ensure you meet these requirements before downloading or using the relevant Nordeus Service. To access online parts of the Nordeus Services you will need Internet access too – again, this is your responsibility.
2.5. What about monitoring? In order to protect Nordeus, Nordeus users and to enforce this Agreement, Nordeus may deploy anti-cheat and/or other software tools that run in the background of your device or related devices/peripherals when you use the Nordeus Services.
2.6. What about patches and updates? We may patch, update or change the Nordeus Services over time (for example to add or remove features, to resolve software bugs or to balance games), which will result in mandatory and/or automatic updates. Therefore, older, un-updated versions may become unusable over time as a result. It is possible that older devices/platforms may cease to be supported over time (although we will use reasonable efforts to notify this to you in advance). As part of these patches, updates or changes, we may need to impose limits on, or remove/restrict access to, certain game features. We need these rights in order to keep the Nordeus Services running efficiently and will not have any liability to you regarding use of them.
2.7. What about third party access and content? You might get links from us to third party websites or content through the Nordeus Services. You may also access the Nordeus Services through different platforms and devices. Your use of them is your responsibility – we cannot promise they will work, what they will be like or if they are free. Some Nordeus Services may contain third party offers and materials, such as video offers and in-game advertisements. While we try to pick the best partners to work with, we are not responsible for their content (that is for the partner itself).
3. NORDEUS SERVICES BETA ACCESS
If you access any Nordeus Services (e.g. a game) in beta or other pre-full release version, you accept that they may not be complete and they may not work fully. You accept them ‘as is’. There may be server/progress resets/other changes during the process. We will not be responsible or liable for these matters (which are inherent to you being able to join in the beta process). Basically: you can get access to cool stuff early, but it might not work fully yet and that won’t be our fault!
Some Nordeus Services may be released in alpha, closed beta, open beta or other pre-release versions before their full commercial release (or “beta” for short). This is usually to test the features, capabilities, and performance of the product. These are the additional beta rules:
i. We will set the conditions and requirements for your beta access. Providing and maintaining a beta, and who can use a beta, is at our discretion.
ii. We will likely ask you to register for the beta. There may be some waiting time depending on the number of people registering, the load on our servers and other technical aspects.
iii. Betas will be time-limited and we will decide on when to end them and what happens next.
iv. Between beta versions we may perform one or more complete server/progress reset(s). After the reset, your account will likely go back to a previous or new state. This may involve a wipe or other change to Virtual Goods or Virtual Currency (we will explain how this will work at the time). No cash refunds will be provided in connection with any reset or change.
v. We may change, modify or remove features as part of testing and improving the product.
vi. If appropriate, we may apply confidentiality restrictions to the beta, which will be notified to you at the time.
vii. We may ask you to provide feedback on the beta – this is optional (but appreciated!).
viii. Betas will be provided ‘as is’ without any promises from us or any liability on us if it is not complete or does not work fully or causes issues.
ix. You must not attempt to ‘sell’ or transfer your access to a beta. It is for you, not anyone else.
x. We may issue additional terms regarding Nordeus Service betas. We will notify you in advance if so.
4. RULES FOR USING THE NORDEUS SERVICES
This section sets out the rules for you to follow when using the Nordeus Services – e.g. no hacking, cheating, harmful conduct etc. Breaking these rules could result in suspension or cancellation (temporary or permanent) of your access to the Nordeus Services.
In order to be able to use the Nordeus Services, we ask you to follow some rules not limited to the following. Please read these rules carefully since failure to follow them (particularly those in relation to cheating) will be considered a material breach of this Agreement, which could lead to suspension or cancellation (temporary or permanent) of your access to the Nordeus Services. Here are the main rules:
i. Personal enjoyment. Only use the Nordeus Services for your personal enjoyment and not for any commercial or political purposes.
ii. Restricted access. Do not attempt to copy, rent, sell, lend, lease, sublicense, distribute, publish or publicly display the Nordeus Services, Virtual Currency or Virtual Goods (defined below), any user account or any of your rights under this Agreement to any other party in any way not expressly authorised under this Agreement.
iii. Technical misuse. Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble the Nordeus Services unless you are specifically allowed by applicable law.
iv. Hacking/griefing. Do not hack, harm, grief, harass, threaten or misuse the Nordeus Services, other Nordeus Service users or Nordeus’ products, games, services, community members or staff.
v. Cheating. Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, spiders, spyware, cheats, scripts, trainers, extraction tools or other software that interact with or affect the Nordeus Services in any way (including, without limitation, any unauthorised third party programs that intercept, emulate, or redirect any communication between Nordeus or its partners and the Nordeus Services and/or any unauthorised third party programs that collect information about the Nordeus Services by reading areas of memory used by the Nordeus Services to store information).
vi. Account misuse. Do not share, ‘buy’, ‘sell’, transfer, gift, lend, steal or misappropriate user accounts or Nordeus Services access keys/codes (all of which are our property). If you are concerned that any of this has happened to you, contact customer support at email@example.com.
vii. Power-levelling. Do not perform in-game services for others like power-levelling, boosting or ladder-climbing, whether or not in exchange for payment (real money or otherwise) from others.
viii. No advertising. Do not communicate or facilitate any commercial advertisement, promotion, spam or unsolicited messages through the Nordeus Services.
ix. Nordeus services. Do not deliberately or maliciously interrupt or interfere with Nordeus services like customer or technical support or impersonate Nordeus staff.
x. Interfering with servers. Do not interfere with or disrupt Nordeus or third party network software or servers, including via tunnelling, code injection or insertion, denial of service, modifying or changing the software, using any other similar software together with Nordeus software, through protocol emulation, or through creation or use of private servers or any analogous services regarding the Nordeus Services.
xi. Accessing servers. Do not access or attempt to access areas of the Nordeus Services or servers that have not been made available to the public.
xii. Data mining. Do not intercept, mine or otherwise collect data or information from the Nordeus Services using unauthorised third-party software.
xiii. Accounts and virtual content. Only use user accounts, Virtual Goods or Virtual Currency (defined below) for their intended purpose.
xiv. Names/trademarks. Do not use Nordeus, the names of any Nordeus Services or other Nordeus names or logos or trademarks for any unauthorised purposes.
xv. Infringing Content. Do not do anything in connection with the Nordeus Services that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.
xvi. Malicious Code. Do not post or upload any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, intentionally corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of the Nordeus Services.
xvii. Geographic/regional restrictions. You must follow any applicable geographic or regional, language or location-based restrictions, requirements or rules regarding the Nordeus Services.
xviii. Conduct. Do not do or say anything that is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal. This includes in any chat or other communications with users. Nordeus reserves the right to monitor the content of any of your messages and prevent your use of any such chat or other communication systems for any reason.
5. INTELLECTUAL PROPERTY RIGHTS
The Nordeus Services are the owned/licensed property of Nordeus.
Who owns the Nordeus Services? The Nordeus Services, including (but not limited to) their visual components, characters, story, items, music, graphics, computer code, user interface, look and feel, game mechanics, gameplay, audio, video, text, layout, databases, data and all other content and all Intellectual Property Rights (defined below) and other legal and exploitation rights regarding them, are either owned by us or we license them from third parties. All rights in the Nordeus Services are reserved except as explained in this Agreement. No ownership right or interest or other rights in the Nordeus Services or any part of it is transferred to you. The Nordeus Services and their Intellectual Property Rights are protected by copyright, trademark and other intellectual property laws worldwide.
“Intellectual Property Rights” means any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in databases, rights in computer software, moral rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.
6. USER GENERATED CONTENT AND COMMUNITY CONTENT
If you share content in-game via the Nordeus Services (e.g. sending links), this is your responsibility.
6.1. What is our position on ‘user generated content’? The Nordeus Services may give you the ability to share content (for example to share text, photos or links with users) – we will call this “User Generated Content”. If you do share User Generated Content, then it is at your responsibility and risk. We have the right (but not the obligation) to check and remove any inappropriate or illegal User Generated Content. But to be clear: we do not assume any responsibility or liability for User Generated Content. As far as we and you are concerned, you own any User Generated Content you created but we need you to give us certain rights over it so that we can actually transmit it via the Nordeus Services. So, when you make your User Generated Content available through the Nordeus Services you give us a non-exclusive, permanent, irrevocable, worldwide, sub-licensable, royalty-free licence to use, modify, reproduce, create derivative works from, distribute, transmit, communicate and publicly display/perform your User Generated Content in connection with the Nordeus Services.
7. VIRTUAL CURRENCY AND VIRTUAL GOODS
You may be able to buy and/or otherwise obtain things like cosmetics, in-game enhancements or virtual currencies and there are some additional legal rules for them. They do not have any “real world” monetary value and you cannot buy, sell or trade these with other users.
7.1. Do the Nordeus Services offer virtual goods or virtual currencies? Certain Nordeus Services may let you purchase and/or otherwise obtain (for example, by completing offers or watching in-game advertisements) virtual, in-game digital items and content including for example cosmetic and in-game enhancements and other downloadable content (“Virtual Goods”). You may at our discretion be able to buy certain Virtual Goods with “real world” money and/or virtual currency (which you may be able to earn by playing the game and/or with “real world” money) (we will call this “Virtual Currency”). We are the sole provider and issuing authority regarding Virtual Goods and Virtual Currency and only Nordeus Services users can use them.
7.2. Are there any additional payment requirements you should know about? If you buy Virtual Goods, you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for ensuring that you have authorisation to use any chosen payment method, which includes obtaining account-holder/parent/guardian approval if applicable. You are responsible for ensuring that this authorisation is maintained at all material times. Do not make inappropriate charge-back or refund requests. You are responsible for applicable fees and taxes. All payments are non-refundable and non-transferable except as expressly provided in this Agreement.
7.3. What are the legal requirements regarding Virtual Goods and Virtual Currency? Virtual Goods and Virtual Currency are digital items only with no cash-value or real world existence and cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, whether or not for other Virtual Goods, Virtual Currency, ‘real world’ money, goods, services or items of monetary value. Trading Virtual Goods or Currency is prohibited (unless we specifically permit otherwise in the applicable Nordeus Services). Your right to use any Virtual Goods and Virtual Currency that you obtain is limited to a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to use such Virtual Goods and Virtual Currency solely for your personal entertainment and non-commercial use in the relevant Nordeus Service only. You have no property interest or right or title in any Virtual Goods or Virtual Currency, which remain Nordeus’ property. Nordeus reserves the right to reverse, change or amend Virtual Goods or Virtual Currency transactions or other matters if necessary to protect the Nordeus Services and/or to enforce this Agreement.
7.4. Is there a limit on the amount of Virtual Goods or Virtual Currency you can hold? In order to protect the Nordeus Services, users and to stop fraud, we may impose limits on use of Virtual Goods and Virtual Currency (including transaction limits and balance amounts).
7.5. Will these Virtual Goods or Virtual Currency expire or be revoked? Virtual Goods and Virtual Currency do not expire, but we reserve the right to change or amend that if necessary. We are not obliged to provide Virtual Goods or Virtual Currency to you. Nordeus reserves the right to revoke from users (without notice or compensation) any Virtual Goods and/or Virtual Currency that have been obtained by users by way of (for example) bug, hack or exploitation of the Nordeus Services or promotional offers.
7.6. Will Virtual Goods or Virtual Currency ever change? The existence of a particular offer for Virtual Goods or Virtual Currency is not a commitment by us to maintain or continue to make the Virtual Goods or Virtual Currency or that offer available in the future. The scope, variety and type of Virtual Goods and Virtual Currency that you may obtain can change at any time and we have the right to manage, regulate, control, modify or remove Virtual Currency or Virtual Goods in our sole discretion if we consider any of this necessary for the ongoing operation of the Nordeus Services or for other legitimate reasons, in which case we will have no liability to you or anyone for the exercise of such rights. We will endeavour where possible to give you reasonable notice of any such changes and to explain the reasons why.
7.7. Can you refund purchases of Virtual Goods or Virtual Currency?
If you are resident in the European Union:
Subject to the terms of any applicable device/platform via which you access the Nordeus Services: you have the right to withdraw from a purchase of the Nordeus Services, Virtual Goods and/or of Virtual Currency within 14 days of your purchase, without giving a reason. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our service has begun and your account is provided with access to the relevant Nordeus Services, Virtual Goods and/or Virtual Currency. You agree that the supply of Nordeus Services, Virtual Goods and/or Virtual Currency and the performance of services begins immediately after you complete your purchase. Therefore, once access to the Nordeus Services, Virtual Goods and/or Virtual Currency has been enabled on your account, the contract has been fully performed by us.
If you are resident elsewhere in the world outside the European Union (including the USA):
Subject to the terms of any applicable device/platform via which you access the Nordeus Services: all purchases are final and no refunds will be made or returns accepted.
8. FEEDBACK OR SUGGESTIONS
Feedback and suggestions are great (thank you!) but at our discretion without responsibility/liability.
You are welcome to give us feedback and suggestions to improve the Nordeus Services – in such case you can contact us at firstname.lastname@example.org. We appreciate your feedback and suggestions, but we may choose not to use or accept them at our discretion. In any event the feedback/suggestions will be received by us without any obligations or liability to you.
9. WARRANTIES AND LIABILITY
We provide warranties (i.e. legally binding promises) about the Nordeus Services, for example that we will take reasonable care regarding your use of the Nordeus Services. We also explain a bit further how we are legally responsible to each other. We ask for certain legal protections from you (legally, this does not apply to EU users).
9.1. Our warranties. We represent and warrant that: (i) we have the right to enter into this Agreement and to grant you the licence to use the Nordeus Services in section 2; (ii) we will take reasonable care regarding the Nordeus Services and your use of it and (iii) we will use reasonable efforts to comply with applicable laws under this Agreement.
9.2. Your warranties to us You represent and warrant that you have the full power and ability to enter into this Agreement and will follow fully its terms. You also represent and warrant that any User Generated Content, which you transmit via the Nordeus Services does not infringe upon the intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Generated Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful or racist.
9.3. Limitation of liability
The following section does not apply to you if you are resident in the European Union or countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident in the USA.
(I) OUR DISCLAIMERS. EXCEPT AS WE HAVE SET OUT ELSEWHERE IN THIS AGREEMENT, NORDEUS AND ITS AFFILIATES, PARTNERS AND LICENSORS DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR REPRESENTATIONS REGARDING THE NORDEUS SERVICES. THIS INCLUDES WITHOUT LIMITATION ANY ALLEGATIONS OF: (I) NEGLIGENCE; OR
(II) LACK OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR PURPOSE; OR
(III) THE EXISTENCE OF ANY FAULTS OR ERRORS; OR (IV) INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE NORDEUS SERVICES ARE OTHERWISE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE NORDEUS SERVICES, INCLUDING WITHOUT LIMITATION: IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE, FREEDOM FROM VIRUSES OR ERRORS OR DEFECTS, AND/OR ANY WARRANTIES AS TO THE ACCURACY, LEGALITY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE NORDEUS SERVICES. WE DO NOT WARRANT THAT THE NORDEUS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(II) OUR LIABILITY LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NORDEUS, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE OR ‘LOSS’ RELATING TO THE NORDEUS SERVICES. NORDEUS, ITS AFFILIATES, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF OR CONNECTED WITH THE SAME. THIS INCLUDES IF YOU SUFFER DAMAGE BECAUSE YOU CANNOT USE THEM (EITHER TEMPORARILY OR PERMANENTLY). NONE OF THE ABOVE WILL BE AFFECTED IN ANY WAY EVEN IF NORDEUS OR ITS AFFILIATES, PARTNERS OR LICENSORS ARE AT FAULT (WHETHER THROUGH NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY OR STRICT LIABILITY) AND EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(III) OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE NORDEUS SERVICES OR THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS UNDERLYING ANY CLAIM(S).
(IV) YOUR INDEMNITY TO US. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ON DEMAND NORDEUS, ITS AFFILIATES, LICENSORS AND PARTNERS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES, IN CONNECTION WITH: (1) ANY ALLEGED OR ACTUAL BREACH OF THIS AGREEMENT; (2) THE USE OF THE NORDEUS SERVICES BY YOU OR ANY PERSON ON YOUR BEHALF; (3) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPERTY OF NORDEUS; AND/OR (4) YOUR USER GENERATED CONTENT. IF CLAIMS ARE BROUGHT AGAINST US, THEN YOU WILL COOPERATE FULLY WITH US AND WE RESERVE THE RIGHT TO TAKE OVER THEIR DEFENCE. YOU WILL NOT SETTLE ANY SUCH CLAIMS WITHOUT OUR PRIOR WRITTEN CONSENT.
(V) INJUNCTIVE RELIEF. YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER ARE NOT IRREPARABLE OR SUFFICIENT, AND OTHER REMEDIES WILL BE ADEQUATE, SUCH THAT YOU ARE NOT ENTITLED TO INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST US.
(VI) Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You can terminate this Agreement by stopping use of all Nordeus Services. We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Nordeus Services if you seriously breach this Agreement.
10.1. When and how can you terminate this Agreement? You can terminate this Agreement by permanently stopping use of all Nordeus Services at any time. Termination will not affect already existing rights or obligations of us or you.
10.2. When can we suspend or terminate your access to the Nordeus Services? We may cancel or suspend (temporarily or permanently) your access to any and/or all of the Nordeus Services if you materially breach this Agreement, which includes but is not limited to a breach of this Agreement which is serious and/or which could cause real harm to the Nordeus Services, other Nordeus Services users, Nordeus or other matters governed under this Agreement. In particular, it applies to the Nordeus Services rules we specify in section 4 above (for example, no cheating or account misuse). If we cancel or suspend your account in this way, we will use reasonable efforts to explain why we have done this and what (if anything) you can do as a result. Cancellation or suspension will include you losing access to Virtual Goods and Virtual Currency. If we cancel or suspend your account under this section, then we will not have any obligations or liabilities to you at all.
If Nordeus decides itself to stop providing any Nordeus Services permanently, then we will try to give you at least sixty (60) days’ notice by posting an update on the applicable website. After that time period, we will not have any future obligations or liabilities to you (this does not affect any pre-existing obligations or liabilities.
11. FORCE MAJEURE
If unforeseen events beyond your or our control take place then neither of us will be liable to the other for any obligations which cannot be performed.
11.1. Neither of us will be liable to the other regarding any performance, or non-performance, or delay, in whole or in part, due to Force Majeure.
“Force Majeure” means any cause preventing a party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the party so prevented including strikes, lock-outs or other industrial disputes (other than any such dispute involving the workforce of the party so prevented), nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage (excluding malicious damage involving the employees of the affected party or its sub-contractors), compliance with any law or governmental order, rule, regulation or direction, industrial action by employees of any providers of electrical power, failure of technical facilities, hacking, denial of service or other IT attack, deployment of IT virus malware or similar technology, fire, flood, or storm or default of suppliers or sub-contractors.
12. GOVERNING LAW
Any legal questions / complaints / claims regarding this Agreement are under Irish law and jurisdiction for users all around the world except users resident in the USA, who are under California law and jurisdiction.
12.1. If you are resident in the European Union and elsewhere in the world (but not the USA):
You and we agree that your use of the Nordeus Services, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of Ireland and any dispute regarding it will be exclusively under the jurisdiction of the courts of Ireland. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the law of your EU Member State of residence.
12.2. If you are resident in the USA:
To the extent not covered by the Dispute Resolution and Arbitration language below, you and we agree that your use of the Nordeus Services, and this Agreement, and any issues arising out of them, will be deemed to be entered into in San Francisco, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law) without regard to choice of law principles. Any legal claim by you against Nordeus, to the extent not covered by the Dispute Resolution and Arbitration language below, will be made exclusively in state or federal court located in San Francisco, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, you waive any rights to argue that the state and federal courts in San Francisco, California are an improper venue. In any legal claim under this Agreement, the side who wins will be entitled to its legal fees and expenses.
13. DISPUTE RESOLUTION AND BINDING ARBITRATION
If you have any concerns or issues you can contact us at email@example.com. We hope we can resolve any complaints with you through informal dispute resolution.
13.1. If you have concerns or issues with us, we hope we can resolve them quickly and amicably – you can contact us at firstname.lastname@example.org. However, we recognise that occasionally there might be legal disputes which are not so easily resolved. In this section we explain what happens if there is a legal dispute.
13.2. Informal dispute resolution:
We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. If it is not resolved during this time, the next steps depend on where you live. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at ec.europa.eu/consumers/odr/.
If we can’t resolve a dispute with you informally, then this is what happens next.
IMPORTANT: if you live in the USA, this section involves both you and us agreeing to mandatory arbitration of any dispute between us.
13.3. Dispute resolution next steps: if you live in the European Union or elsewhere in the world (but not the USA):
You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a claim against Nordeus, you should address it to email@example.com.
13.4. Dispute resolution next steps: if you live in the USA:
We and you agree to resolve all disputes and claims between us in individual binding arbitration. This includes without limitation any claims arising from this Agreement, any part of the relationship between you and us or your use of the Nordeus Services or other Nordeus games, products and services. This section applies whether the dispute or claim is based in contract, tort, statute, fraud, unfair competition, misrepresentation or any other legal doctrine.
(Some explanatory notes from us: “arbitration” is a consensual dispute resolution process where both sides present their case to a neutral arbitrator (not a judge or jury). Arbitration is less formal than court litigation and it has less formal rules (which we talk about below). Just so we and you are clear: by choosing arbitration you and we are giving up the right to have any dispute between us heard in court before a judge and/or jury.) You and Nordeus agree that any claim arising out of or related to the Nordeus Services must be made within one (1) year after the claim arose; otherwise, such claim is permanently barred. You agree that the provisions in this paragraph will survive any termination of your account or the Nordeus Services.
(b) How to start an arbitration:
If either of us wants to commence arbitration, then they have to send the other side a written notice setting out the basis of the claim and what remedy the commencing side wants from the other side. A printed version of this Agreement and of any notice given in electronic form shall be admissible to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If you send a notice to us, please send by mail and by email. You or Nordeus may bring an arbitration at any reasonable AAA location within the United States that is convenient for you.
(c) The rules for the arbitration:
The US Federal Arbitration Act applies to this section. The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement (http://www.adr.org). The arbitrator will be bound by this Agreement.
The arbitration shall be conducted by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The AAA will administer the arbitration and it will be conducted in the English language. It may be conducted through the submission of documents, by phone, or in person at a mutually agreed location. The arbitration hearing must commence within thirty (30) days from the appointment of the arbitrator, unless otherwise agreed to by you and Nordeus. The AAA will only have power to arbitrate the dispute between you and us and not in relation to other people under this particular arbitration. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
If you seek US $10,000 or less, Nordeus agrees to reimburse your filing fee and your share of the arbitration costs (but not including any attorney’s fees or expert witness fees), including your share of arbitrator compensation, at the end of the arbitration, unless the arbitrator decides your claims are without merit or your costs are unreasonable. Nordeus agrees not to seek its legal fees or costs in the arbitration unless the arbitrator determines your claims are without merit or your costs are unreasonable. If you seek more than US $10,000 then the arbitration costs, including arbitrator compensation, will be split between you and Nordeus according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures for Consumer Related Disputes, if applicable.
(d) What the dispute resolution and arbitration sections do not apply to:
The dispute resolution and arbitration requirements do not apply to claims or disputes brought by either you or us which relate to claims of intellectual property rights infringement or claims of unauthorised use, piracy, theft or misappropriation.
This section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
If you live in the USA or the rest of the world (but not the EU), you and we agree not to bring any class action or similar collective legal action against each other. We will resolve legal disputes with each other through the process outlined above.
13.5. Waiver of collective action remedies:
To the maximum extent permitted by the national or state law applicable, you and we agree not under any circumstances to bring or participate in a class or representative action, private attorney general action or collective arbitration. That means, to the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If the agreement in this section not to bring or participate in a class or representative action, private attorney general action or collective arbitration is found illegal or unenforceable, you and Nordeus agree that it will not be severable: this entire section will be deemed unenforceable and any claim or dispute will therefore be resolved in court.
14. OTHER LEGAL MATTERS
This section sets out a few additional, hopefully self-explanatory rules about how this Agreement works legally. For example, this Agreement is just between you and us, we might be required to comply with law enforcement requests etc.
i. If any part of this Agreement is found not to be legally enforceable, this will not affect any other part of it;
ii. This Agreement governs our relationship with you (and vice versa). It does not create any rights for anyone else;
iii. Please remember that we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls;
iv. You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to the Nordeus Services or this Agreement;
v. We can assign, subcontract or transfer this Agreement to a third party or another member of our group if necessary for the support of the Nordeus Services, as part of any reorganisation or merger or for other business reasons. We will notify you if this happens;
vi. No failure or delay by us or you to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by us or you will preclude or restrict the further exercise of that or any other right or remedy; and
vii. This Agreement does not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.
© 2016 Nordeus Limited. Nordeus and Spellsouls: Duel of Legends and related logos are trademarks of Nordeus Limited. All rights reserved. All other trademarks are properties of their respective owners.
Nordeus Terms of Service
Valid until 06 Jul 2017.
Please read these Terms carefully because this is an important document. A lot of time and effort goes into providing the Services (as defined below). To enable Us to continue to make the Services available, We need to have some rules about what you can and cannot do when using the Services.
You should consider printing these terms of service and storing them along with all confirmation emails, additional terms, transaction data, game rules and payment methods relevant to your use of the Services.
These terms are subject to change – see below in section 25.
If you have any queries, please feel free to contact us by visiting our support centre at Nordeus Support
You accept to be bound by these Terms of Service:
- by clicking on “Play Now” (or similar wording) on a Platform (as defined below); or
- by clicking on “Install” (or similar wording) when you download the Services (such as one of our games) to a mobile device; or
- by using the Services generally.
At that point, a legally binding agreement on these Terms of Service is concluded between:
- you, the end user (“You“); and
- Nordeus Limited, a company registered in Ireland under company number 526421 whose registered office is located at 3rd floor, Kilmore House, Park Lane Spencer Dock, Dublin 1, Ireland (referred to hereinafter as, “Nordeus“, “We“, “Us” or “Our” as appropriate). (References to Nordeus in these Terms of Service shall include any of our affiliates which shall include subsidiaries, parent companies, and any other entities under common ownership who can be contacted at the address above.)
1. THE SERVICES
1.1. Nordeus shall provide social games and related services (the “Services”), which may be accessible through third party social networking sites (“Platforms”), applications for mobile devices, Nordeus branded websites and/or any other online or mobile delivery methods provided by Us. You shall be able to access the Services using Your Account (as defined below).
2. GOVERNING AGREEMENT
2.2. Where you access the Services through a Platform, You will also be bound by the terms and conditions of that Platform.
2.3. If the Agreements are translated into another language, the English language version will prevail in the event of any conflict between the translation and the English language version.
2.4. Please note that these Terms of Service shall prevail in the event of any conflict between these Terms of Service and any of the game rules or other documents referred to in these Terms of Service.
2.5. By clicking on “Submit”, “I Agree”, “Play” or “Install” (or their equivalents in whatever language you are accessing the Services in) and accepting these Terms of Service, or by using the Services, You are also acknowledging and accepting these Agreements. Access to, and use of, the Services is governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice.
3. APPLICABILITY OF TERMS OF SERVICE
3.1. By using the Services, and/or by acknowledging that You have read the Terms of Service when You register to join and/or by clicking on the “Submit” “download”, “Play”, “Install” or “I Agree” button when You install any of the software relating to the Services provided via a Platform, on a mobile device, or when You register for Your Account, You are agreeing to comply with these Terms of Service and You acknowledge that Your failure to comply with the Terms of Service may result in disqualification, the closure of Your Account (as defined in Section 7 below), forfeiture of any virtual funds and/or legal action against You, as appropriate and as further specified in these Terms of Service.
3.2. You acknowledge that if You accept these Terms of Service, We will start providing You with the benefit of the Services immediately. As a consequence, if You accept the Terms of Service when registering for the Service, You will not later be able to cancel Your registration, although You can terminate Your acceptance of the Terms of Service and close Your Account in accordance with Section 7 below.
4. VIRTUAL GOODS
4.1. When using the Service You may choose to purchase with “real world” money, a licence to use (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, the “Virtual Items”). Virtual Items may be made available to through a third-party Platform (such as Facebook).
4.2. Virtual Items have no real world monetary value and do not constitute real world currency or property of any type.
4.3. Any purchases You make in order to acquire a licence to use Virtual Items are non-refundable. You can purchase licences for Virtual Items by visiting the Buy Tokens or Buy page on a Platform or in-game, confirming Your credit/debit card or other payment details and confirming the particulars of Your purchase. You may also be granted a licence for Virtual Items by, for example, watching videos served by third party providers, completing surveys, register on third-party websites, downloading another game. Virtual Items which are licenced to you in this way are treated the same as Virtual Items which you purchase a licence for.
4.4. For Virtual Items, Your order will represent an offer to Us to purchase a licence for use of Virtual Items within the Service which will be accepted by Us when We make the Virtual Items available to You either (i) when You have achieved a specified goal within the Service, or (ii) You opt to purchase Virtual Items with “real world” money and You provide Us with Your credit/debit card or other payment details. Your licence to use Virtual Items within the Service shall commence upon acceptance by Us of Your purchase of Virtual Items. By ordering a licence to use Virtual Items, You agree and accept that We will provide it to You promptly following completion of Your purchase.
4.5. You understand that while at times You may “earn”, “buy” or “purchase” Virtual Items, these terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the “value” of the Virtual Items does not refer to any credit balance of real currency or its equivalent. Rather, You may purchase a limited licence to use the Virtual Items, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited licence referred to in these Terms of Service is a completed transaction upon receipt of Your direct payment, subject to any relevant policies and terms of service.
4.6. Virtual Items are non-refundable and non-exchangeable once ordered by You (whether or not you use them). For the purposes of Regulation 13 of European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, contracts for Virtual Items are contracts for digital content not supplied on a tangible medium. You expressly consent to the immediate performance of the contract for digital content once we accept Your order and You hereby acknowledge that You have no right to cancel such a contract.
4.7. You agree to pay all fees and applicable taxes incurred by You or anyone using an account registered to You. It lies in Our sole discretion to revise the pricing for the Virtual Items and/or other goods or services We license to You through the Service at any time. You acknowledge by accepting these Terms of Service that We are not required to provide a refund for any reason, and that You will not receive money or other compensation for unused Virtual Items when Your licence to access and use the Service is revoked or Your Account is closed, whether this was voluntary or involuntary.
4.8. Transfers of Virtual Items are strictly prohibited, except where explicitly authorised within the Services or by Nordeus. Outside of the Services, You may not buy or sell any Virtual Items for “real money” or otherwise exchange items for value. Any attempt to do so is in violation of these Terms of Service and may, at Our sole discretion, result in a lifetime ban from the Services and in a possible legal action. Virtual Items may never be redeemed for “real money”, goods or other items of monetary value from Us or any other party. You may not purchase Virtual Items from any party other than Us. We may limit or block your attempt to purchase Virtual Items at any time in our complete discretion.
4.9. We do not make any promises or warrants regarding how or when Virtual Items may be available and We may update or change Virtual Items at any time.
4.10. All Virtual Items are forfeited if Your licence is revoked or suspended or Your Account is terminated or suspended for any reason, in Our discretion, or if We discontinue providing the Services.
4.11. Notwithstanding the above, Virtual Items expire two years from the date on which they are purchased or, on the date on which We stop providing the Service or on which you or We cancel your use of the Services, whichever is earlier.
5. YOUR USE OF THE SERVICES
5.1. We reserve the right to suspend, modify, remove and/or add to any of the Services in Our sole discretion with immediate effect and without notice and We will not be liable for any such action. We further reserve the right to suspend Your use of the Service from time to time.
5.3. We forbid the use of all unfair practices when using the Services. We do this to protect Our users and the integrity of the Services. If any user is found to be participating in any form of collusion or other activities that We consider to constitute cheating his or her Account may be permanently closed.
5.4. We forbid the posting of any prohibited Third Party Content (see Section 10 below).
5.5. Subject to these Terms of Service, We grant You a non-exclusive, non-transferable, revocable limited licence, to access and use the Service. Any use of the Service in violation of these Terms of Service is strictly prohibited and may result in the immediate revocation of Your limited licence granted hereunder, and may subject You to liability for violations of law. Any attempt by You to disrupt or interfere with the Service, including undermining or manipulating the legitimate operation of the Service, is a violation of these Terms of Service and may be a violation of criminal and civil laws.
5.6. In Your use of the Services or your activities on the Services, You agree not to:
- reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual without their consent;
- attempt to impersonate any other party;
- mislead others as to the origins of Your communications;
- trick, defraud or mislead Us and other users, especially in any attempt to learn sensitive information;
- make improper use of Our support services or submit false reports of abuse or misconduct;
- engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, Ponzi scheme or other multi-tiered marketing scheme;
- disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Service;
- violate these Terms of Service or any local, state, federal or international law, rule or regulation or any other requirements or restrictions;
- disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Service and User Content (as the term is defined below) or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service and the User Content;
- reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
- create adaptations of the Services or derivative works based on the Services;
- attempt to hack, distribute, modify, transmit, harm, cheat or misuse the Services;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorised script or other software;
- cover or obscure any notice, banner or advertisement on the Service;
- disguise the source of Your User Content or other information You submit to the Service or use tools which anonymise Your internet protocol address (e.g. anonymous proxy) to access the Service;
- interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the User Content;
- sell the Service or any part thereof, including but not limited to, and access to it in exchange for real currency or items of monetary value; or
- engage in cheating or any other activity deemed by Us to be in conflict with the spirit or intent of the Service.
5.7. It is Your responsibility to provide all equipment and/or software which may be necessary in order for You to access the Service, including, but not limited to, a mobile device which is compatible with the Service if applicable.
5.8. For the avoidance of doubt, should You incur any fees in accessing the Service (e.g. internet charges and/or mobile device fees) it shall be Your sole responsibility to pay those fees.
6. LEGALITY OF USE OF THE SERVICES
6.1. If you are under 18 years of age, please ask your parent or guardian to review and approve these Terms on your behalf (because in some countries people under the age of 18 cannot legally enter into contracts like this one).
6.2. Where you are accessing the Services through a Platform, you may only use the Services if You are 18 years of age or over or if you are over the age of 13 and you have the permission of your parent or guardian. If you are using the Services on a mobile device, you may only use the Services if you over the age of 16 or if you are under the age of 16 and you have the permission of your parent or guardian. We reserve the right to ask for proof of age from You and Your Account may be suspended until satisfactory proof of age is provided.
6.3. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services.
6.4. Without limitation to the above, access to the Services may be restricted from certain territories.
6.5. Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way.
6.6. In any event, and in addition to the restrictions set out above, You shall not:
use the Services if You have been previously banned from playing any other Nordeus games;
use the Services in an illegal manner or to engage in illegal conduct;
use the Services for any commercial purposes; or
have more than one Account (as defined below) per Platform.
7. ACCOUNT / REGISTRATION
7.1. To use the Services, You will need to have either (i) a genuine account on a Platform (i.e. a social networking site such as Facebook); (ii) an account on one of the Nordeus websites and/or (iii) a genuine account with an applications provider for Your mobile device, through which You will be able to access the Services (each, an “Account”). You may need to download and install software as provided on a Platform in order to access the Services.
7.3. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We shall have the right to suspend or terminate Your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). For the avoidance of doubt, You shall not use the Services on an Account created on behalf of anyone else and under no circumstances shall You create an Account for a child under the age of 13 (or other such minimum legal age as in Your jurisdiction).
7.4. To use certain Services You may first need to download and install software as provided on the relevant Platform.
7.5. You understand that on certain Nordeus websites information associated with your Account (for example, information publically available on your personal social media page such as your account name and profile picture) may be made publicly available and this information may also be picked up by internet search engines.
8. TECHNICAL REQUIREMENTS
8.1. By using the Service you agree that you have the necessary hardware, software, suitable internet connection and capability required for its use. We accept no responsibility or liability for any failure of your system to meet the technical requirements of the Service as updated occasionally.
9. PATCHES, UPDATES AND CHANGES
9.1. From time to time, We may need to deploy or provide patches, updates, additional content or other modifications to the Service (for example to enhance the Service, to add new features or to resolve software bugs). You grant Us your consent to deploy and apply such patches, updates or other modifications to the Service automatically. From time to time, We may also at Our absolute discretion remove or suspend access to particular features, content or other parts of the Service.
10. USER CONTENT AND THIRD PARTY CONTENT
10.1. The Service may invite You to chat or participate in blogs, message boards, online forums and other functionality and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Us and/or to or via the Services, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any such material You transmit to Us will be treated as non-confidential and non-proprietary.
10.2. You agree that Your User Content is wholly original and You have the requisite rights to Your User Content, including the right to grant all of the rights and licences in these Terms of Service without Us incurring any third party obligations or liability arising out of Our exercise of the rights thereto granted herein by You.
10.3. You grant to Us the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and licence to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
10.4. We have no obligation to monitor or enforce any intellectual property rights that may be associated with Your User Content, but We do have the right to enforce such rights through any means We see fit, including bringing and controlling actions on Your behalf.
10.5. You acknowledge that You do not rely on Us to monitor or edit the Service and that the Service may contain content which You find offensive and You hereby waive any objections You might have with respect to such content including but not limited to the following:
- any offensive comments that are connected to race, religion, belief, national origin, gender, sexual preference or physical handicap;
- profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
- content which defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
- content which promotes violence or describes how to perform a violent act;
- contents that violates the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
- content which is in violation of these Terms of Service; or
- represent any other activity deemed by Us to be in conflict with the spirit or intent of the Service.
10.6. We do not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the Service or its forums and, therefore, We specifically disclaim any responsibility with regard thereto.
10.7. We may reject or delete any text, files, images, photos, video, sounds, or any other materials (“Third Party Content”) posted by You which in Our sole opinion breaches the terms of these Agreements.
10.8. We do not claim any ownership rights in any Third Party Content posted by You. You agree that You are solely responsible for any Third Party Content posted by You under Your Account Name.
10.9. You hereby grant to Us a non-exclusive, royalty-free, worldwide, non-revocable, perpetual licence (including the right to sublicense) to use and to make such copies thereof as We deem necessary in order to facilitate the posting and storage of Your Third Party Content or in connection with any promotions in all media now known or hereinafter developed.
10.10. You warrant to Us that You have full power and authority to grant the licence at clause 10.3 above and that the Third Party Content posted by You:
- does not infringe any third party’s intellectual property rights, other proprietary rights or rights of publicity or privacy;
- does not violate any law, statute, ordinance or regulation;
- is not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- is not obscene or pornographic and do not contain child pornography;
- does not violate any laws regarding unfair competition, anti-discrimination or false advertising;
- does not constitute any of the types of prohibited Third Party Content as set out in clause 10.12 below) and
- does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
10.11. You agree to pay for all royalties, fees or any other monies owed to any third party as a result of You posting any Third Party Content (including but not limited to publishing on a Platform).
10.12. You acknowledge that the following constitutes (but is not limited to) prohibited Third Party Content: Third Party Content which:
- is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or exploits, harasses or advocates harassment of any person;
- constitutes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- contains nudity, excessive violence, or offensive subject matter or links to any such content;
- solicits personal information from anyone under eighteen years of age;
- contains information that poses or creates a privacy or security risk to any person;
- purports to be endorsed, supported or affiliated by Us;
- contains an unauthorised copy of another person’s copyrighted work; and/or
- includes a photograph or video of another person that You have posted without that person’s consent.
10.13. All comments, feedback, suggestions, ideas, and other submissions (hereinafter “User’s Input”) disclosed, submitted, or offered to Us in connection with the use of the Service shall be Our exclusive property. You agree that unless otherwise prohibited by law We may use, sell, exploit and disclose the User’s Input in any manner, without restriction and without compensation to You.
10.14. Any violation of this clause 10 may result in removal of the Third Party Content, a suspension of Your use of the Services and/or such other action as may be reasonably required by Us to ensure compliance.
11. INTELLECTUAL PROPERTY
11.1. You acknowledge and accept that all trademarks, commercial names or logos, and all industrial and intellectual property rights, relating to the content and/or any other elements included in the Service, are the exclusive property of Us and/or third parties, who have the exclusive right to use them commercially. Under no circumstances shall access to the Service imply any kind of waiver, transfer, licence or assignment of said rights, in whole or in part, except where expressly stated to the contrary. The Terms of Service confer on You no right to use, alter, exploit, reproduce, distribute or publicly display the Service and/or its contents in any way other than expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express written authorisation specifically granted for that purpose by Us or the third party who holds the rights concerned.
11.2. Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by Us and are protected by law from unauthorised use. Upon the acceptance of these Terms of Service You acknowledge Our exclusive (intellectual) property of the Service as well as the systems regulated by Us.
11.3. You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any Virtual Items.
11.4. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without Our express prior written permission.
12. DISCLOSURE OF ACCOUNT NAME AND PASSWORD
12.1. Every person who identifies himself by using the Services through his Account or by using the Services through a Platform is assumed by Us to be the rightful Account holder and all transactions where the Account name and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorised use or misuse of Your login details. We shall not be required to maintain Account names or passwords. If You misplace, forget, or lose Your Account name, username or password, We shall not be liable.
13.1. Without limiting any other remedies, We may limit, suspend, terminate, modify, or delete Your access to the Services, or portions thereof, if You are, or We suspect that You are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Services, with or without notice to You. You can lose any benefits, privileges, earned Virtual Items and purchased Virtual Items associated with Your use of the Services or a termination or suspension of the Services, and We are under no obligation to compensate You for any such losses or results.
13.2. Without limiting Our other remedies, We may limit, suspend or terminate the Services or portions thereof, prohibit access to the Services, delay or remove hosted content, and take technical and legal steps to prevent You from accessing the Services if We believe that You are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of the Terms of Service. Additionally, We may, in appropriate circumstances and at Our sole discretion, suspend or terminate Your access to the Services if We believe You may be an infringer of third party intellectual property rights.
13.3. We reserve the right to stop offering and/or supporting the Services, or part of the Services, at any time either permanently or temporarily, at which point Your use of the Services or a part thereof will be automatically terminated or suspended. In such event, We shall not be required to provide refunds, benefits or other compensation to You in connection with such discontinued elements of the Services.
13.4. Termination of Your Account can include disabling Your access to the Services, or any part thereof, including any content You submitted or others submitted.
13.5. You may cancel your use of the Services at any time by contacting us via Helpcenter at support.nordeus.eu.
14.1. You agree that You will only use the Services in accordance with the Agreements. You will compensate Us in full for any losses or costs (including reasonable legal fees) which We (or any member of our Group) incur arising from any breach by You of the Agreements.
15. DISCLAIMERS / LIMITATIONS / WAIVERS OF LIABILITY
15.1. Your access to the Services, download of any software relating to the Services and use of the Services or any information We may provide in connection with Your use of the Services is at Your sole option, discretion and risk. You expressly agree that the Services are provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty (30) days from first use or the minimum period required). For the avoidance of doubt, we make no warranties in particular regarding:
- 15.1.1 the operation of the Service or that it will be uninterrupted or error free; or
- 15.1.2 whether the Service complies with the local laws of any other country other than Ireland.
15.2. Without limiting the foregoing, We, including Our affiliates or subsidiaries, officers, directors, agents, attorneys, lawyers, employees, third-party content providers, and distributor licensees or licensors (collectively, “Our Parties”), shall not be liable for any malfunctions of the computer programs relating to the Services, errors, bugs or viruses resulting in lost data or any other damage to Your computer equipment, mobile phone or mobile device, or software. Furthermore, We and Our Parties shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by Us. We are not required to provide redundant or backup networks and/or systems.
15.3. To the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to the use of, or inability to use, the Services under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence). We and Our Parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, the Services.
15.4. You further specifically acknowledge that We and Our Parties are not liable, and You agree not to seek to hold Us liable, for the conduct of third parties, including other users of the Services and operators of external sites, and that the risk of the Services and external sites and of injury from the foregoing rests entirely with You.
15.5. To the extent permissible under applicable laws, under no circumstances will We and Our Parties be liable to You for more than the amount You have paid Us in the ninety (90) days immediately preceding the date on which You first assert any such claim.
15.6. You acknowledge and agree that if You have not paid Us any amounts in the ninety (90) days immediately preceding the date on which You first assert any such claim, Your sole and exclusive remedy for any dispute with Us is to stop using the Services.
15.7. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in the section may not apply to You. In particular, nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Us.
15.8. We assume no liability for damages whatsoever, arising through the abuse of the Services by you or any third party (which third party acts with or without your authorisation).
16.1. You agree to defend, indemnify and hold harmless Us and Our Parties from and against all claims and expenses, including legal fees and costs, arising out of Your use of the Services and/or Your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms of Service. We reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defence of these claims. You agree that the provisions in this paragraph will survive any termination or suspension of Your Account(s) or the Service.
17. DISPUTES WITH OTHER USERS
17.1. We reserve the right, but have no obligation, to monitor and/or manage disputes between You and other users of the Services. If You have a dispute with other users, You release Us and hereby agree to indemnify Us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
18. NOTICES / COMPLAINTS
18.1. We may notify You via postings on the Social Network or website from which You access the Service, via email or via any other communication channel which You have provided to Us. All notices given by You, or required from You, under these Terms of Service shall be in writing and addressed to: Nordeus Limited, 3rd floor, Kilmore House, Park Lane Spencer Dock, Dublin 1, Ireland. Any notices that You provide without compliance with this clause 18 shall have no legal effect.
18.2. In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by Us, You should in the first instance contact Us in accordance with clause 18.1 above.
19. DATA PROTECTION
19.2. You agree to the storage and automation aided use of Your Information given to Us in the course of using the Services.
19.3. You should assume that all use of Our website, and emails, SMS and telephone calls between You and Us will be recorded. These recordings will be Our property and may be used as evidence in the event of any dispute or to improve customer services.
21. GOVERNING LAW
21.1. These Agreements shall be governed by and construed in accordance with the laws of Ireland. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Ireland for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
22.1. We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
23. THIRD PARTY RIGHTS
23.1. Except insofar as these Terms of Service expressly provide that a third party may in their own right enforce a term of these Terms of Service, a person who is not a party to these Terms of Service has no right under local law or statute to rely upon or enforce any term of these Terms of Service but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.
23.2. For the avoidance of doubt, any affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership, of Us is an intended third party beneficiary of these Terms of Service.
24. THIRD PARTY ADVERTISING
24.1. You understand that the Service may feature advertisements from Us or third parties.
24.2. We may provide links on the Services to third party websites. Any charges or obligations You incur in Your dealings with these third parties are Your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from the Services, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Us and may collect data or solicit personal information from You. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Us of these linked sites. You acknowledge that We have not reviewed any of such third party websites and do not control and are not responsible for these websites or their content or availability.
25. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
25.1. You fully understand and agree to be bound by these Terms of Service as modified and/or amended by Us from time to time. We may amend these Terms of Service at any time by publishing the modified Terms of Service on any place through which You access the Service. Any such modification will take effect within twenty four (24) hours of publication. If any modification is unacceptable to You, Your only recourse is to terminate these Terms of Service. Your continued use of the Service following notification will be deemed binding acceptance of the modification. It is Your sole responsibility to review these Terms of Service and any amendments each time You access or use the Services. These Terms of Service and the documents referred to herein represent the complete and final agreement between You and Us in relation to these terms and supersede any and all prior agreements between You and Us.
26.1. You acknowledge that the rights granted and obligations made hereunder to Us are of a unique and irreplaceable nature, the loss of which shall irreparably harm Us and which cannot be replaced by monetary damages alone so that We shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit Your claims to claims for monetary damages (if any).
26.2. Our failure to require or enforce strict performance by You of any provision of these Terms of Service or to exercise any right under them shall not be construed as a waiver or relinquishment of Our right to assert or rely upon any such provision or right in that or any other instance.
26.3. In case any one or more of the provisions contained in these Terms of Service shall be invalid, illegal, or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. In lieu of the invalid or inoperable provision, these Terms of Service shall be applied in a reasonable manner, which, so far as legally permissible, comes as close as possible to the application of what the Parties intended, according to the spirit and purpose of these Terms of Service. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Our request, You will furnish Us any documentation, substantiation or releases necessary to verify Your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against Us by virtue of having drafted them. You hereby waive any and all defences You may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
26.4. We will not be liable for any failure to perform any obligation under these Terms if that failure is caused by the happening of any unforeseen event beyond Our reasonable control including without limitation, Internet outages, communications outages, fire, flood, strike, war or act of God.