End User Licence Agreement
Last updated on 1 May 2013.
1. ABOUT THIS END USER LICENCE AGREEMENT (“EULA”)
1.1 This EULA is a contract between you and Nordeus. This EULA applies to the Nordeus games service (including the game “Top Eleven” and any other games that we may release as part of this service in the future) (the “Service”). In this EULA, references to the Service also refers to the software included in this games service and all updates and add-ons to this software and to Nordeus Virtual Goods (which we explain in section 9).
1.2 If you are under 18 years of age, please ask your parent or guardian to review and approve this EULA on your behalf (because in some countries people under the age of 18 cannot legally enter into contracts like this EULA).
1.3 Please read this EULA carefully because it is an important document. A lot of time and effort goes into providing the Service. To enable us to continue to make the Service available, we need to have some rules about what you can and cannot do when using the Service. If you have any queries, please contact email@example.com.
1.4 You confirm your agreement to this EULA by accepting it as part of the installation/activating process of the Service (for example, by clicking “Allow” when activating a game on Facebook) or by downloading or using the Service in any way. If you do not agree to the terms of this EULA, please do not install, activate or use the Service.
1.5 If you think that this EULA is not complete in any respect, please contact us as soon as possible at firstname.lastname@example.org. If you do not do so within a reasonable period after you have started to use the Service, then you shall be considered to have agreed fully to the terms of this EULA.
1.6 In this EULA we have added some explanatory notes in italics to explain some of the more ‘legal’ concepts in this EULA. However, these explanations are just to aid your understanding of this EULA and are not intended to affect the legal meaning of any part of this EULA.
2. ABOUT US
2.1 We are Nordeus Ltd, a company registered in Ireland with registration number 526421 and registered office address at 53 Merrion Square, Dublin 2, Ireland, together with its associated companies. We are also referred to in this EULA as “Nordeus” and as “we” or “us” or “our” (depending on what makes the most sense). Please send any correspondence to: Nordeus Ltd, 53 Merrion Square, Dublin 2, Ireland.
3. USING THE SOFTWARE
3.1 In return for your acceptance of the terms of this EULA, we give you the personal right (known as a ‘licence’) to download, install and use the Service for your personal use only. We can terminate this licence in certain circumstances, which are explained further below. This licence is ‘non-exclusive’, meaning that we can grant similar licences to other people as well.
3.2 You may not transfer this licence or give anyone else a licence to use the Service in any way unless we first agree in writing.
4. USING THE SERVICE
In order to use the Service you may need to open an account, either with Nordeus or a third party (for example, with Facebook). This will usually involve creating a username and password. It is your responsibility to keep this username and password secure and confidential (i.e. don’t give these details to anyone else). You must not allow anyone else to access your account. You are responsible for complying with any terms and conditions regarding your account.
5. TECHNICAL REQUIREMENTS
By using the Service you agree that you have the necessary hardware, software 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.
6. PATCHES, UPDATES AND CHANGES
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.
(Explanatory note: We need these rights in order to keep the Service running efficiently, because practically we cannot ask you in advance for approval of any patches, updates or other modifications or the removal of any features or content from the Service).
7. INTELLECTUAL PROPERTY
7.1 The Service, including the graphics, user interface, audio clips and other content, contains proprietary information and material that is protected by intellectual property and other laws including but not limited to copyright. You acknowledge and agree that we own (or have a licence to use) all of this proprietary information and material and that you may not use or exploit this proprietary information or material or provide this proprietary information or material to any person except as expressly permitted to do so by this EULA.
8. USER GENERATED CONTENT
8.1 If you create any content for use with the Service (which we refer to in the EULA as “user generated content”), you are solely responsible and liable for that user generated content. We do not accept any liability or responsibly for user generated content, nor do we provide any support for it. Users of the Service create, download, install and use user generated content at their own risk.
8.2 In relation to any user generated content which you create or make available to other users, you agree to and comply with the following terms and conditions:
- Any part of the user generated content which comprises or incorporates any of our intellectual property rights remains our property.
- You must not in any way claim or suggest that any user generated content is endorsed, supported by, or affiliated with us.
- The user generated content must comply with all relevant legislation and must not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us.
- The user generated content must not infringe the intellectual property rights or any other rights of any third party.
8.3 If you contravene any of the terms and conditions set out in section 8.2, we reserve the right to suspend or permanently remove availability of your user generated content and to take any other steps which we consider appropriate.
9. NORDEUS VIRTUAL GOODS
9.1 The Service may permit you to purchase virtual goods for use in it (“Nordeus Virtual Goods”), which includes Nordeus virtual currency (“Nordeus Virtual Currency”). These are the rules that apply to Nordeus Virtual Goods:
- Nordeus Virtual Goods have no real world monetary value and do not constitute real world currency or property of any type.
- Nordeus Virtual Goods may be redeemed only for other Nordeus Virtual Goods where permitted in the Service (e.g. by exchanging Nordeus Virtual Currency for a different item of Nordeus Virtual Goods).
- Nordeus Virtual Goods are non-refundable and non-exchangeable once purchased by you (whether or not you use them).
- Nordeus Virtual Goods cannot be sold or transferred to anyone and cannot be exchanged for cash or any goods or services (other than Nordeus Virtual Goods as permitted by the Service and by this EULA).
- Nordeus Virtual Currency expires two years from the date on which it is purchased or if earlier, the date on which we stop providing the Service or on which you or we cancel your use of the Service as provided in section 12.3.
- To acquire Nordeus Virtual Goods, you need to follow the instructions provided by the Service. This can include making a payment and providing personal and financial details (which you should ensure are complete and accurate). We will transfer the Nordeus Virtual Goods to you only once that payment has been processed.
- The price payable for the Nordeus Virtual Goods (including any value added tax or other applicable taxes of duties) will be as set out on our website or the Service (as applicable). We reserve the right to change the price of Nordeus Virtual Goods at any time at our discretion.
- You are responsible for any and all applicable taxes and other applicable costs regarding your acquisition of Nordeus Virtual Goods.
- We do not make any promises regarding how or when Nordeus Virtual Goods may be available and can update or change Nordeus Virtual Goods at any time.
- You may only acquire Nordeus Virtual Goods from Nordeus.
- We may limit or block a request to acquire Nordeus Virtual Goods for any reason.
10. NO RIGHT TO CANCEL
You may start using the Nordeus Virtual Currency as soon as you have completed the purchase process. You therefore have no right to cancel any transaction to purchase Nordeus Virtual Currency.
11. WHAT YOU MUST NOT DO
11.1 You must not do or attempt to do (or permit to be done or attempted to be done on your behalf) any of the following without our prior written permission:
- To use the Service for any purpose except your personal enjoyment (for example, you may not use the Service for commercial gain).
- Except as authorised by us in this EULA (or as permitted by law) to copy, rent, sub-license, loan, modify, adapt, merge, translate, reverse engineer, decompile, disassemble the software included in the Service or create adaptations of the Service or derivative works based on the Service.
- To hack, distribute, modify, transmit, harm, or misuse the Service.
- To do or say anything which is or may be considered racist, sexist, defamatory or otherwise offensive or illegal.
11.2 Please make sure you fully understand and comply with these requirements, since failure to do so can lead to serious legal consequences.
12. WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE SOFTWARE
(Explanatory note: Sorry, but this section is necessarily a bit more ‘legal’ because it sets out our liability to each other. A warranty is a legal statement of fact (essentially like a promise), some of which we make below. If you have any question regarding the meaning of these terms, please contact email@example.com, though please note that you will still be bound by this EULA). Unfortunately it is not practical for us to set out in detail your consumer rights regarding the Service because these vary from country to country, but if you are in doubt we recommend that you take professional advice regarding the matter.)
12.1 We warrant that:
- We have the right to enter this EULA and to grant you the licence to use the Service set out in section 3.1.
- We will provide the Service with reasonable skill and care.
- We will use reasonable endeavours to comply with applicable laws in the performance of our obligations under this EULA.
Limitation of liability
12.2 However, please also note that:
- We provide the Service for personal entertainment, on an “as is” basis. This means that we make no promise about the features, content or other parts of the Service from time to time.
- We make no warranties in any way regarding whether the Service or any part of it is of satisfactory quality or fitness for purpose or for a particular use.
- We do not make any warranties regarding the operation of the Service or that it will be uninterrupted or error free.
- The Service is provided from Ireland (which is where we are based). We therefore cannot make any representation or warranty regarding whether the Service complies with the local laws of any other country.
12.3 The terms set out in section 12.2 do not limit any consumer rights which we cannot exclude under applicable law, nor do they exclude or limit our liability for death or personal injury resulting from our negligence or for any fraudulent representation.
13.1 We may stop or suspend providing the Service (including Nordeus Virtual Goods) at any time and for any reason. However, if we decide to stop providing the Service permanently, we will endeavour to provide at least sixty (60) days advance notice by posting a note on www.nordeus.com.
13.2 You may cancel your use of the Service at any time by contacting us at firstname.lastname@example.org.
13.3 If you do not comply with a term of this EULA, then we may cancel or suspend your use of the Service.
13.4 This EULA will continue in force until either you or we cancel your use of the Service under sections 13.2 or 13.3 respectively, or until we stop providing the Service altogether under section
14. FORCE MAJEURE
14.1 We will not be liable for any failure to perform any obligation under this EULA 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, war or act of God.
(Explanatory note: This provision makes it clear that if unforeseen events beyond our control happen, then we won’t be liable to you if we are unable to perform any obligation to you under this EULA, e.g. to make the Service available to you).
15.1 If you do not comply with a term of this EULA and we don’t take any action, this doesn’t mean that we are giving up any rights we may have or prevent us from taking action in the future.
15.2 If any part of this EULA is not enforceable, this will not affect any other terms.
15.3 This EULA governs our relationship with you. It does not create any rights for any other person.
16. GOVERNING LAW
You and we agree that your use of the Service, and this EULA, shall be governed by and interpreted according to the laws of England and Wales and that any dispute regarding this EULA shall be heard exclusively by the courts of England and Wales.
17. CHANGES TO THIS EULA
We may vary this EULA as and when we consider it appropriate or necessary. If so, then we will make the revised EULA available at this page .