Inked - Terms of Service

Last updated: 2021/02/20

 

THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. PLEASE TAKE THE TIME TO READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLAY THE GAME OR ACCESS THE SERVICE.

PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR JURISDICTION OF RESIDENCE (AT THE BOTTOM OF THESE TERMS). THESE SPECIFIC TERMS CONCERN IMPORTANT ASPECTS OF OUR AGREEMENT, INCLUDING, WITHOUT LIMITATION, HOW YOU CONSENT TO THESE TERMS, YOUR CONSUMER RIGHTS (INCLUDING YOUR CANCELLATION RIGHT, IF APPLICABLE), OUR RIGHTS TO TERMINATE YOUR ACCOUNT, YOUR RIGHT TO RECEIVE REFUNDS IN CERTAIN CASES, OUR WARRANTIES AND LIABILITY, AND THE LAW APPLICABLE TO THESE TERMS. THERE ARE CURRENTLY JURISDICTION-SPECIFIC TERMS FOR THE EUROPEAN UNION IN GENERAL AS WELL AS GERMANY, THE UK, AUSTRALIA, CANADA, NEW ZEALAND, US AND JAPAN.

ARBITRATION NOTICE FOR USERS: THESE TERMS CONTAIN A MUTUAL AGREEMENT TO ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION AGREEMENT, YOU AND NUVERSE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, AND YOU AND NUVERSE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Your Relationship with Us

 

Welcome to Inked (the "Game"), which is provided by Nuverse (Hong Kong) Limited or one of its affiliates ("Nuverse", "we" or "us").

You are reading the terms of service (the "Terms"), which govern the relationship and serve as a legally binding agreement between you and us and set forth the terms and conditions by which you may access and use the Game, the mobile application, the software imbedded therein, the features and functions thereof and our related websites, services, applications, products and content (collectively, the "Services"). Any reference to the "Services" includes a reference to any part of the Services. For purposes of these Terms, "you" and "your" means you as the user of the Services. Our Services are provided to you only for private, non-commercial use.

2. Age and Accepting the Terms

Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. The Services are only for users 13 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By accessing or using our Services, you confirm that you are over 13 and can form a binding contract with Nuverse, that you accept these Terms and that you agree to comply with them. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

If you are over 13 but under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the Service for such user.

You should print off or save a local copy of the Terms for your records.

3. Supplemental Terms for Specific Jurisdictions

If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below. If there is a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are applicable to you, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control.

4. Changes to the Terms

We amend these Terms from time to time, to reflect changes to the Services, our users' needs, our business priorities or to reflect changes in law. We will notify all users of any changes to these Terms, such as through a notice in our Game. However, you should also look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

5. Your Account with Us

You may access the Services without an account with us as a guest, in which case you may have limited access to certain features of the Services. Please note that if you are using a guest or visitor account, you will be unable to transfer/keep your progress or other information and data in the Game or restore any in-app purchases you have made if you need to re-install the Game, e.g., if you switch your device. All information and data in connection with your use of the Game and Service will be removed and will not be retrievable or recoverable, if you delete the Game from your device.

In some cases, you may use a third party account (e.g., Apple, Facebook, Google, as applicable) ("Third Party Account") to access additional features and functions of the Services. You agree that you are solely responsible (to us and to others) for your access and use of the Services and the activity that occurs under your account.

It is important that you keep your account password confidential and that you do not disclose it to any third party. You acknowledge and agree that we have no obligations related to your Third Party Account, and all matters relating to any Third Party Account of yours shall be resolved exclusively by you and the relevant third party.

We reserve the right to suspend or terminate your access to the Services at any time, without any notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. Termination of your account also entails the termination of the license to use the Service, or any part thereof.

6. Virtual Items/Additional Content

During your use of the Service, if you acquire, by purchasing with real-world currency or otherwise, virtual currency, points, coins, tokens, virtual in-Game items (including without limitation downloadable content), achievements, progressions, or access to additional features, level, characters, maps or other content (collectively, "Virtual Items"). Such Virtual can only be used for your own benefit within the Game, are of no monetary value and cannot be redeemed for cash or in-kind, sold or otherwise transferred. All Virtual Items are licensed to you rather than sold to you. You do not own or otherwise have proprietary rights of such Virtual Items. We will provide you the access to the Virtual Items for a period of at least one (1) month from the date of purchase, after which, we may, in our sole direction at anytime, terminate the Services under the Terms.

All Virtual Items will be deleted or removed from your account when your account is terminated, and will not be retrievable, recoverable or refundable.

7. Fees and Refund

In some cases, certain portions of the Game may be accessed for free, but in other cases you may be required to pay a fee to access certain features of the Game. If you purchase any paid Virtual Items, you will make a purchase through the Apple App Store or the Google Play store. You agree to provide accurate and complete payment information to Apple or Google. You further agree to pay all fees and taxes incurred by your account. We reserve the right to change the pricing of any paid Virtual Items from time to time as we may determine in our sole discretion. Any change will not affect Virtual Items you have already purchased at the time the change comes into effect.

Sales are final and we will not provide a refund unless otherwise required by applicable law. You must follow the applicable refund policy of Apple or Google. Your purchase will be subject to the applicable payment policy of Apple or Google. We may, but is not obligated to assist you with your refund application to Apple or Google.

8. Limited License

As between you and Nuverse, Nuverse owns any and all rights, title and interest in and to the Services and any and all data and content made available in and through the Services, including without limitation all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effect, sound recording, videos, visual effect, music, music composition, user account, characters, character name, character profile, character likeness, artifacts, objects, inventories, weapons, map, location, location name, architecture, landscape design, story, storyline, theme, game play, catch phrase, dialogue, chat log, recording and broadcasts of game, matches, battles, duels, in-game items, in-game activities, the selection and arrangement thereof and "look and feel" of the Services, and all intellectual property rights related thereto (the "Nuverse Content").

You acknowledge that your use of the Nuverse Content for any purpose not expressly permitted by these Terms is strictly prohibited. Nuverse Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. You cannot create any work of authorship or proprietary right based on the Services (including Nuverse Content). You shall only use the Services as may be expressly provided in the Terms or to the extent permitted by law or (if applicable) relevant open source licenses. We and our licensors reserve all rights not expressly granted in and to their content.

Subject to these Terms, you are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable limited license to access and use the Services, including to download the Game on a permitted device, and to access the Nuverse Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Nuverse reserves all rights not expressly granted herein in the Services (including Nuverse Content). You acknowledge and agree that Nuverse may terminate this license at any time for convenience subject to applicable law.

Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.

9. Feedback

While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

  • Nuverse has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

  • Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

  • You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

10. Equipment Requirement

To use the Services, you may need certain hardware, software, capabilities and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.

11. Beta Version, Updates, Interruption and Termination of the Game

We may make available a beta version of the Game ("Beta Game") prior to an official release of the Game. To the maximum extent permitted by applicable law, the Beta Game is provided for testing on an "as is" and "as available" basis and we make no warranty, expressly or by implication, to you of any kind. You understand and agree that the Beta Game may not operate correctly, the Beta Game may contain defects, and playing the Beta Game is at your own risk. We have no obligations to you with respect to Beta Game, including without limitation any obligation to provide an official version of the Game in the future.

We may reset the Beta Game, including any in-Game setting (e.g., game character, achievements and inventory items) at anytime during the testing period of the Beta Game. You acknowledge that the change or modification of the Beta Game may cause a loss of data, function or utility related to the Beta Game. You agree that we are not liable to you for such loss to the maximum extent permitted by applicable law. All Virtual Items (including downloadable content) you obtained during your use of the Beta Game will be removed from your account when the Beta Game is reset.

From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the Game for free or for a fee. We may require you to download and install the updates or the updated version of the Game to continue to use the Services. You understand that your access to certain features of the Services might be affected by such updates. You also agree that we may use background patching to automatically update our Game and software with or without notice to you. You also understand that such updates may affect the necessary system specification required to play the Game. In such case, you are responsible for any necessary equipment to continue to access the Services.

You acknowledge that the Service or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will not be interrupted. We shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever. Additionally, the Service may be unavailable depending on geographic location.

To the maximum extent permitted by applicable law, we reserve the right to discontinue the Service at any time in our sole discretion, for any reason, or for no reason, with or without notice.

12. Code of Conduct

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

  • access or use the Services if you are not fully able and legally competent to agree to these Terms;

  • except as expressly permitted by these Terms or applicable law, make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any software, Virtual Items (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;

  • distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;

  • market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;

  • use the Services, without our express written consent, for any commercial, political or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

  • interfere with or attempt to interfere with the proper working of the Services, disrupt our website (if any) or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;

  • incorporate the Services or any portion thereof into any other program or product;

  • use automated scripts, software, code or systems to collect information from or otherwise interact with the Services;

  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;

  • intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • use or attempt to use another’s account, service or system without authorization from Nuverse;

  • use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;

  • use or exploit any cheats, bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the Service or to gain an unfair advantage in game play;

  • trade, sell, duplicate Virtual Items in or outside the Game unless otherwise expressly permitted by Nuverse;

  • host, provide or develop matchmaking services for the Game, unless otherwise expressly authorized by Nuverse;

  • use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance, social security numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;

    • any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or

    • material that restricts or inhibits any other person from using the Services, or which may expose Nuverse, the Services or its users to any harm or liability of any type.

We reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the Game, Nuverse Content and Virtual Items, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.

13. Indemnity

You agree to, at your sole cost, defend, indemnify, and hold harmless Nuverse, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) our use, non-use or publication of your Feedback infringes any third party intellectual property rights; (iii) your access to or use of, activities in connection with, or the actual or threatened termination of your access to the Services; (iv) your violation of any applicable laws, rules, regulations or contracts; or (v) any misrepresentation made by you (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party.

14. EXCLUSION OF WARRANTIES

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ‎‎OR LIMITATION OF CERTAIN DAMAGES.NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CAN NOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR

  • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR GAME FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

YOUR USE OF THE SERVICE MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES AND ‎EQUIPMENT THAT IS NOT IN OUR CONTROL; ACCORDINGLY (I) WE CAN NOT GUARANTEE ANY MINIMUM LEVEL REGARDING ‎SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE OR CONSISTENCY, AND (II) DATA, MESSAGES, ‎INFORMATION OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS ‎NOT GUARANTEED.‎

15. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO NUVERSE WITHIN THE LAST 12 MONTHS.

WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;

  • ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

  • YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;

  • OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

PLEASE NOTE THAT WE ONLY PROVIDE OUR SERVICES FOR PERSONAL AND PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL 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 DISPUTES.

16. Privacy Policy

You also acknowledge and agree to our Privacy Policy, which also applies to your use of our Services. For information on how we may use your personal data when you use the Services, please refer to our Privacy Policy. Our Privacy Policy can be found directly on the Services, or where the Game is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference.

17. Copyright Claims

If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement to the contact information set below:

support@pixmain.com

18. Other Terms

  • Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction-Specific, these Terms, their subject matter and their formation, are governed by the laws of Hong Kong. Any dispute arising out of or relating to these Terms or prior versions thereof, including any question regarding existence, breach, interpretation, validity, enforcement, or termination of these Terms; the Services; the Game; Nuverse Content; your relationship with us; the threatened or actual termination of your access to the Services or Game payments made to you or payments made or allegedly owed to you; or any other claims (collectively, "Covered Matters") shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") in accordance with the Arbitration Rules of the HKIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hong Kong. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.

  • Class Action Waiver. Subject to the Supplemental Terms –Jurisdiction-Specific, any action brought by you, including without limitation arbitration, will proceed solely on an individual basis without the right for any claim to be adjudicated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of others.

  • Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and Nuverse and govern your use of the Services and completely replace any prior agreements between you and Nuverse in relation to the Services.

  • Links. You may link to our home page or page of the Game or Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at "Code of Conduct" above. We reserve the right to withdraw linking permission without notice.

  • No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

  • Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and Game to access our Services. You should use your own virus protection software.

  • Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

  • Open Source. This game may contain certain open source software. Each item of open source software is subject to its own applicable license terms.

  • Translations. In the event of any conflict or inconsistency between the Terms in the English and any translation thereof in any other language, the English version shall prevail.

Supplemental Terms – App Stores

The following supplemental terms shall apply when accessing the Game through specific devices:

Notice regarding Apple.

  • These Terms are a binding agreement between Nuverse and you; Apple is not a party to these Terms.

  • The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Game on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.

  • Apple is not responsible for the Game or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Game.

  • In the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Game, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game.

  • Apple is not responsible for addressing any claims by you or a third party relating to the Game or your possession or use of the Game, including without limitation (a) product liability claims; (b) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

  • In the event of any third party claim that the Game or your possession and use of the Game infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.

  • You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

  • Nuverse expressly authorizes use of the Game by multiple users through the family sharing or any similar functionality provided by Apple.

Notice regarding Google Play. By downloading the Game from Google Play (or its successors) operated by Google, Inc. or one of its affiliates ("Google"), you specifically acknowledge and agree that:

  • to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Game that you download from Google Play, and

  • you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Nuverse or you (or any other user) under these Terms or the Google Play Terms.

Supplemental Terms – Jurisdiction-Specific

European Union and also the UK

1. Age and Accepting the Terms

By clicking on the "Install" button on the product description page of the respective app store (caption may vary depending on the app store) and, if applicable, entering your password or other credentials for the respective app store, you make a binding offer to conclude a contract for the use of the Game, including the granting of rights of use in accordance with these Terms. We accept your offer when the download of the Game starts; further details may be governed by the terms and conditions of the respective app store.

If you are under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must consent to your acceptance of these Terms. If we learn that someone under the relevant age is using the Services, we will terminate access to the Service for such user.

2. Privacy Policy

For information on how we use your personal data when you use the Services, please refer to our Privacy Policy. Privacy Policy can be found directly on the Services, or where the Game is made available for download, on your mobile device’s applicable app store.

3. Cancellation Right

If you are a consumer and resident of the UK or EU, you have a mandatory cancellation right when purchasing digital content (e.g Virtual Items) as follows (but please note you will lose this cancellation right if you provide prior express consent to begin the download of that content during the right of cancellation period, and acknowledge that you will lose your cancellation right):

Cancellation right

 

You have the right to cancel a contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Contact Address: Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong; Email Address: ​[insert email]​) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of cancellation

If you cancel a contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

End of cancellation notice.

Model cancellation form

(If you wish to cancel the contract, please complete this form and return it to us)

To

Nuverse (Hong Kong) Limited

Contact Address: Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong

Email Address: ​support@pixmain.com

I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract for the supply of the following digital content (*) ______________

Ordered on (*)/received on (*),

________________________

Name of consumer(s),

________________________

Address of consumer(s),

________________________

Signature of consumer(s) (only if this form is notified on paper)

________________________

Date, Location

(*) Delete as appropriate

Germany

The following terms apply in addition to the European Union terms above.

1. Changes of Terms

In deviation from Sec. 4 of the Terms of Service, the following applies:

We may amend the Terms in accordance with this paragraph to the extent that this is done (i) to implement changes in legal requirements or case law, (ii) to implement changes in technical requirements, (iii) to maintain the operation of the Services, (iv) to adapt to changing market conditions, and (v) for the benefit of the user. An adjustment will only be made to the extent that it does not shift the contractual balance between us to your detriment. We will inform you of an adjustment at least six weeks in advance by means of a message within the game or by e-mail. You may object to the adjustment. If you do not object within six weeks after receipt of the notification of the adjustment, you are deemed to have consented to the change. In our notification of the adaptation, we will also inform you separately about the six-week period and the legal consequences of your silence.

2. Refunds

In deviation from Sec. 6 and 7 of the Terms of Service, we will refund any purchased but unused Virtual Items in the event (i) we terminate the agreement for convenience or (ii) you terminate the agreement because of our breach of the agreement. We will also make refunds if required in the context of your statutory withdrawal right or your warranty rights (see Sec. 6 of the jurisdiction-specific terms for Germany below).

3. Termination

In deviation from Sec. 11 and 12 of the Terms of Service, we may terminate the Services (including the Game) for convenience with 14 days’ notice, and the statutory right of extraordinary termination for cause remains unaffected.

4. Reverse Engineering

In deviation from the second Bullet Point of Sec. 12 of the Terms of Service, you may decompile the Services to the extent required to make contractual use of them (including troubleshooting) and/or to the extent required to obtain interface information needed to make the Service interoperable with an independently developed piece of software, and we have not provided you the required information upon your request against payment of our expenses in providing such information. For clarity, in the event of any such permitted decompilation, the statutory restrictions of Sec 69e of the German Copyright Act apply.

5. Indemnity

In deviation from Sec. 13 of the Terms of Service, your obligation to indemnify applies only in the event of your culpable (negligent or intentional) breach of the Terms of Service.

6. Warranty

In deviation from Sec. 14 of the Terms of Service, the following applies:

To the extent we provide any Service free of charge, we do not assume any warranty except where we have maliciously concealed a defect.

To the extent we provide a Service against a charge, our statutory warranty obligations remain unaffected, except that we are liable for damages only pursuant to Sec. 7 of the jurisdiction-specific terms for Germany.

7. Limitation of Liability

In deviation from Sec. 15 of the Terms of Service, the following applies:

To the extent we provide any Service free of charge, we are liable pursuant to applicable law only for intent and gross negligence.

To the extent we provide any Service against a charge, our liability is limited as follows

a) Our statutory liability is unlimited for intent, gross negligence, injury to life, body or health, violation of a guarantee (which must be expressly designated as such), and under the German Product Liability Act.

b) Except for the cases described in subsection a), we are only be liable for slight negligence in case of breach of an essential obligation. Essential obligations are those obligations that must be performed in order to achieve the purpose of the contract and on the performance of which you may therefore generally rely.

c) In the cases set forth in subsection b), we are only be liable for typical and foreseeable damages.

d) Otherwise, we are not be liable for slight negligence.

e) You must back up your data regularly. To the extent that we are liable for a loss of data pursuant to this Sec.7, such liability is limited to the restoration effort which would have been required if you had regularly made backup copies in accordance with the importance of the affected data.

f) The above limitations of liability shall apply accordingly in favor of our affiliates and our and their shareholders, legal representatives, employees, vicarious agents and assistants.

8. Applicable Law and Jurisdiction; Dispute Resolution

Our agreement is governed by German law, excluding the CISG. The court at your place of residence has jurisdiction for any dispute arising out of or in connection with our agreement. You may also bring a lawsuit against us in any other competent court (e.g. at our seat).

The European Commission provides an online dispute resolution platform, which you can reach at ​http://ec.europa.eu/odr​. We are not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration body.

9. Miscellaneous

The languages available to enter into this Agreement are German and English. We do not store a copy of our agreement for you to access, so we recommend you download or print the Terms for future reference.

United Kingdom

The following terms apply in addition to the European Union terms above.

13. Indemnity

Section 13 (indemnity) does not apply to you.

14. Exclusion of warranties.

Section 14 (exclusion of warranties) is modified to state:

NOTHING IN THESE TERMS SHALL AFFECT ANY LEGAL RIGHTS THAT YOU ARE ALWAYS ENTITLED TO AS A CONSUMER.

THE SERVICES ARE PROVIDED "AS IS" AND WE DO NOT MAKE PROMISES WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT PROMISE THAT:

  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR

  • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR GAME FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

15. Limitation of Liability

Section 15 (limitation if liability) is modified to state:

Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Subject to the paragraph above, you agree that you will not use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable to you for any loss or damage which may be incurred by you as a result of:

  • Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;

  • The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;

  • Your failure to provide us with accurate account information;

  • Or your failure to keep your password or account details secure and confidential.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you [free of charge] or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

You are responsible for any mobile charges that may apply to your use of our Service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.

Any dispute you have with any third party arising out of your use of the Services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all 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 disputes.

18. Other Terms. Applicable Law and Jurisdiction

Section 18 (Other Terms. Applicable Law and Jurisdiction) is modified to state:

These Terms, their subject matter and their formation, are governed by English law.

However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.

You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any European Union country you and we may also bring proceedings in that country.

AUSTRALIA

If you are a resident of Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. In Australia, consumers have statutory rights which cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you have in statute or otherwise to the extent that right or remedy cannot be excluded, restricted or modified under law.

The first paragraph of Section 7 (Fees and Refund) is modified to state:

You may access certain portions of the Game for free, but you may be required to pay a fee to access certain features of the Game. If you purchase any paid Services, you will make a purchase through the Apple iTunes Store or the Google Play store. You agree to provide accurate and complete payment information to Apple or Google. You further agree to pay all fees and taxes incurred by your account. We reserve the right to change the pricing of any paid Services from time to time as we may determine in our sole discretion. All current prices will be shown prior to purchase, please carefully check the price before making any purchases.

The last paragraph of Section 12 (Code of Conduct) is modified to state:

We reserve the right, at any time, to remove or disable your access to the Services, including the Game, Nuverse Content and Virtual Items with immediate effect, at our discretion, for your breach of law, or any of these Terms. We will notify you of such removal or disabling. Some of the reasons for which we may remove or disable access to your Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users.

Section 13 (Indemnity) is modified to state:

You agree to, at your sole cost, defend, indemnify, and hold harmless Nuverse, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers and advisors from and against any and all claims, liabilities, costs, fines, penalties and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way connected with any of the following: (i) a breach by you or any user of your account of any applicable obligation, representation or warranty under these Terms; (ii) your violation of any applicable laws, rules, regulations or contracts; or (iii) any misrepresentation made by you (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of the indemnified party. Your indemnification obligations above do not apply to the extent the Claims and Losses are caused by a breach of the Terms by, or the fraudulent or negligent act or omission of, Nuverse.

CANADA

Section 18 (Other Terms) is modified to state:

Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the International Centre for Dispute Resolution Canada in accordance with its Canadian Arbitration Rules. The place of the arbitration shall be Toronto, Ontario, Canada. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.

The provision in Section 18 (Other Terms) captioned "Class Action Waiver" is deleted in its entirety.

The provision in Section 18 (Other Terms) captioned "Translations" does not apply in the Province of Quebec.

NEW ZEALAND

You must be at least 13 years of age to access or use the Services. If you are over 13 years of age but under 18 years of age, your parents or legal guardian must read and agree to these Terms.

If you are a "consumer" for the purposes of the Fair Trading Act 1986 and Consumer Guarantees Act 1993, nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.

For the purposes of Sections 5, 8, 11 and 12, if we wish to suspend or terminate your access, or licence to use, the Services (other than because you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations), we will give you one months’ notice prior to such suspension or termination.

For the purposes of Section 7, if we wish to vary the pricing of any paid Services we will give you prior notice before doing so. All current prices will be shown prior to purchase, please carefully check the price before making any purchases.

UNITED STATES

Section 18 “Other Terms” above is modified as follows:

This section replaces the “Applicable Law and Jurisdiction” portion of Section 18 above:

Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by the laws of the United States and of the State of California. Notwithstanding the foregoing, we may institute a proceeding for equitable relief in any court of competent jurisdiction.

Agreement to Arbitration and Class Action Waiver. This section includes an agreement to arbitrate and an agreement that any dispute arising out of or relating to these Terms or prior versions thereof, including any question regarding existence, breach, interpretation, validity, enforcement, or termination of these Terms; the Services; the Game; Nuverse Content; your relationship with us; the threatened or actual termination of your access to the Services or Game payments made to you or payments made or allegedly owed to you; or any other claims (collectively, “Covered Matters”) will be brought in arbitration only in your individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

Informal Process First. You agree that in the event of any dispute over any Covered Matters between you and Nuverse, you will first contact Nuverse and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. This is a condition precedent to proceeding in arbitration. To initiate the informal process, you must contact us at [insert email]​, and include your contact information and a written description of the dispute in the email. You must then allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of your issue.

Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) arising out of or relating in any way to any Covered Matters, will be finally resolved by binding arbitration, and not any federal, state, or local court or agency, except as expressly provided herein.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND NUVERSE ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL COVERED MATTERS, EXCEPT AS EXPRESSLY PROVIDED IN THIS ARBITRATION AGREEMENT.

This arbitration agreement applies equally to you and Nuverse. However, this arbitration agreement does not (a) govern any Claim by Nuverse for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures if the Claim and the parties are within the jurisdiction of such small claims court. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use the Services by sending an email to [insert email]​ with the subject line “Arbitration Opt-Out.”

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement, and that you and Nuverse are each waiving the right to a trial by jury or to participate in a class action. This Arbitration Agreement will survive any termination of these Terms.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:

Nuverse (Hong Kong) Limited, Suite 1113A, 11/F., Ocean Centre, Harbour City, 5 Canton Rd, Tsim Sha Tsui, Kowloon, Hong Kong

Email Address: [insert email]​

The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at ​www.adr.org​ or by calling 1-800-778-7879.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

This section replaces the “Class Action Waiver” portion of Section 18 above:

Class Action Waiver. You acknowledge and agree that any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”) except that an individual may seek in the arbitration public injunctive relief, and the AAA may include such relief in the award, where applicable. You and Nuverse mutually and expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

If this Class Action Waiver is found to be unenforceable such that certain Covered Matters must proceed on a class, collective, consolidated, or representative basis, such Covered Matters must be litigated in state or federal civil court of competent jurisdiction, not in arbitration. You and Nuverse further agree that such Covered Matters will be stayed pending the outcome of any individual claims in arbitration between you and Nuverse. If for any reason a claim proceeds in court rather than in arbitration, you and Nuverse each waive any right to a jury trial.

This section is amended to Section 18 above:

Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Nuverse hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. comprehensively embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country (currently: Cuba, Crimea, Iran, North Korea, Syria), (b) to any governments of such countries, or (c) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

JAPAN

The following paragraph is added to Section 2 (Age and Accepting the Terms):

If you are over 13 but under the age of majority prescribed in Civil Code ("Minors") and use the services required to pay a fee within the Services ("Paid Services"), you shall comply with the monthly payment limit separately provided to you by us. Money which you disposed in the Paid Services within such monthly payment limit shall be considered as either of the followings and shall be irrevocable in accordance with Paragraph 3 of Article 5 of Civil Code:

(1) Property which Minors’ parents or the statutory agent permit its disposition by specifying the purpose thereof and disposed in the Paid Services to the extent of such purpose; or

(2) Property which Minors’ parents or the statutory agent permit its disposition without specifying any purpose.

The second paragraph of Section 7 (Fees and Refund) is modified to state:

The in-game currency separately published as Prepaid Payment Instruments in the page titled "Notice in accordance with Payment Services Act" shall be considered as Prepaid Payment Instruments for Own Business defined in paragraph 4 of Article 3 of Payment Services Act and issued by Bytedance KK in the Game as consideration for cash or cash equivalents. You understand and agree that Virtual Items which you may acquire by using in-game currency of the Game shall be considered as being provided to you upon acquisition of the Virtual Items and shall not be considered as Prepaid Payment Instruments. Nuverse and Bytedance KK will not provide a refund or any equivalent thereto of in-game currency, Virtual Items or any other contents of the Services unless otherwise required by applicable law. Your purchase will be subject to the applicable payment policy of Apple or Google.

Section 15 (LIMITATION OF LIABILITY) does not apply to your loss or damage related to or arising from our gross negligence or willful misconduct.

Section 18 (Other Terms. Applicable Law and Jurisdiction) is modified to state:

These Terms, their subject matter and their formation, are governed by the laws of Japan. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be subject to the exclusive jurisdiction as first instance of the Tokyo District Court.