Date Last Modified: 10 February 2023
Nutaku Entertainment Ltd (“Nutaku”) its representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents (collectively “we” or “us” or “our”) provide games (“Game(s)”) on the Nutaku.com and Nutaku.net websites (“Websites”) and on its associated properties, games, and platforms (Games and Websites are hereinafter collectively referred to as "Website(s)").
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
2. Description of Services
The Website is for your personal use and shall not be used for any commercial endeavor. Any illegal and/or unauthorized use of the Website is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the foresaid Website is prohibited.
You may access portions of the Website without registering. However, in order to access some portions and features of the Website and play use, purchase or download the Games, you will be required to register with and sign into the Website. You are responsible for maintaining the confidentiality of your password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Your username will be publicly available and used in Games to publicly associate you with your account.
3. User Conduct
3.1 You acknowledge and agree that you shall not:
- post, upload, publish, transmit or make available, in any way, on the Website, content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, infringing of a person’s intellectual property rights, invasive of a person's privacy (including but not limited to personal information), hateful, or racially insensitive or offensive;
- post, upload, publish, transmit or make available in any way on or through the Website software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment;
- use our Website in violation of any applicable law or regulation;
- post, upload, publish, transmit or make available in any way on the Website content that intentionally or unintentionally violates any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control;
- post, upload, publish, transmit or make available in any way on the Website content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals;
- exceed your authorized access to any portion of the Website;
- collect or store personal data about anyone; 'harvest', 'scrape' or collect any information about or regarding other people that use our Website, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as spyware or passive collection mechanisms (“pcms”);
- modify without permission any part of the Website;
- obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Website;
- exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
- use any robot, spider, scraper, or other automated means to access the Website for any purpose;
- take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Website;
- use our Website to harm anyone or to cause offence to or harass any person;
- create more than one account per platform to access our Website;
- use another person or entity’s email address in order to access or sign up to use our Website;
- use the Website in any way that exposes us to criminal or civil liability or use our Website for fraudulent or abusive purposes (including, without limitation, by using our Website to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity, or our Website);
- disguise, anonymize or hide your IP address or the source of any content that you may upload;
- use our Website for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from our Games or any other part of our Website;
- interfere with or disrupt our Website or servers or networks that provide our services;
- attempt to decompile, reverse engineer, disassemble or hack any of our Games, services, games to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed, or stored by us, or for any reason at all not permitted under this Agreement or by Law;
- sell, transfer, or try to sell or transfer an account with us or any part of an account including any virtual currency or virtual goods;
- disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
- disobey any requirements or regulations of any network connected to our Website;
- In particular, and without limiting the application of the present paragraph you must not make available any cheats or technological measures designed to control access to, or elements of, our Website, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise.
- We reserve the rights to terminate your account and revoke your rights and access without any refunds.
4. Intellectual Property
The content contained on the Website (with the exception of User Submissions), including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to the Website, subject to copyright and other intellectual property rights under the laws of the United States, Canada and other laws and international conventions. content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights in and to the Website and the content not expressly granted to you herein. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any commercial use, copying, and/or distribution of User Submissions of third parties obtained through the Website. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
5. User Submissions
The Website permits the submission of comments and images and the hosting, sharing and publishing of User Submissions on the Websites Forum. You understand that whether or not such User Submissions are published and/or uploaded, we do not guarantee any confidentiality with respect to any submissions.
The Website allows/permits you to link to materials on the Website for personal, non-commercial purposes only.
If you want Nutaku to remove a User Submission from the Website, please contact us at firstname.lastname@example.org. You will need to provide us with specific information describing the location of the User Submissions that you want us to remove and the reasons underlying your request. We will take reasonable efforts to remove the User Submissions upon receiving a sufficiently detailed request.
You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading, and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
- You own or retain the necessary licenses, rights, consents, and permissions to use and authorize us to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
- You will not post, or allow anyone else to post, any material that depicts any person under the age of eighteen (18) years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of eighteen (18) years
- You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness in the User Submissions in the manner contemplated by the Website and this Agreement. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to the Website, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, publicly display, make available, communicate to the public, and publicly perform the User Submissions in connection with the Website. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, publicly display, make available, communicate to the public, and publicly perform such User Submissions as permitted through the functionality of the Website and under this Agreement. You also hereby waive any claim or cause of action against us for violation of any “moral rights” that you may possess in some jurisdictions.
In submitting material (video or other communication), you further agree that you shall not:
- Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein;
- Publish falsehoods or misrepresentations that could damage us, the Website or any third party;
- Submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially, or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Post advertisements or solicitations of business;
- Impersonate another person.
We do not endorse any User Submission, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or infringement of intellectual property rights on the Website. We reserve the right, in our sole discretion, to remove all content and User Submissions if properly notified that such content or User Submissions infringe on anyone’s intellectual property rights. We reserve the right to remove content and User Submissions for any or no reason and without prior notice or delay. We reserve the right, in our sole discretion, to terminate a User's access to the Website or ability to post User Submissions, if we determine the person to be an infringer. While pornographic and adult content are accepted, we also reserve the right to decide in our sole and unfettered discretion, whether content or a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and in our sole discretion.
You understand and acknowledge that when using the Website, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the content of User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us and our licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You agree that we may at our sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other network or service at any time, for any reason, or for no reason at all, with or without notice.
We assume no responsibility whatsoever for monitoring the Website for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor the Website, however, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. We may review and delete any User Submissions that, in our sole judgment, violate this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third parties via the Website.
We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts. If you have a good faith belief that your copyright is being infringed by any content accessible on or through the Website, please send a notice of claimed infringement, including all of the information listed below, to our Designated Copyright Agent at:
By email: email@example.com
To be effective, the notice of claimed infringement must include the following required contents:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the content quickly);
- Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
6. Account Termination Policy
We reserve the right to terminate a User's account for any reason or no reason, including without limitation if we determine, in our sole discretion, that the User has violated this Agreement, without prior notice. We also reserve the right to render the Website temporarily or permanently inaccessible for any or no reason in our sole discretion.
7. Automatic Recurring Billing (Where Selected by Subscriber)
In accordance with the terms & conditions of the Site, subscription fees will be automatically renewed at or after the end of the original term selected, unless notice of cancellation is received, in due time, from the Subscriber. In the event of a failed attempt to charge the Subscriber’s payment method (for example, if the payment method has expired or has been declined), our billing company (hereinafter “MG Billing”) reserves the right to retry charging the Subscriber’s selected payment method for the amount due, or an amount lesser than the amount due, provided that any such attempt to charge a lower amount may be made on a one-time basis, and MG Billing will resume billing the Subscriber for the subscription at the full amount agreed to upon enrollment. MG Billing may suspend, or cancel, Subscriber’s membership if MG Billing is unable to successfully charge a valid payment method.
8. Cancellation of Subscription
At any time, and without cause, subscription to the service may be terminated by either: Nutaku, the Websites, or you upon notification of the other by electronic or conventional mail, by chat, or by telephone. You are liable for charges incurred until the date of the termination. You may cancel at any time by going to the “Subscription” section located in the Profile Settings section and clicking on “Cancel Subscription” or by contacting our support department through the support contacts listed on https://www.nutaku.com/support/.
When you cancel a subscription, you will continue to have access to the services provided by the Website(s), until the current subscription cycle for which you were already billed naturally expires.
For example: if you request to cancel your subscription on November 1st but have been billed for a subscription term that would otherwise end on November 20th and would recur on November 21st, then you will continue to have access to your subscription until November 20th.
The Website abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated on the Website. We do not condone child pornography and will cooperate with all governmental agencies that seek those who produce and disseminate child pornography.
You acknowledge that we reserve the right to charge for service and to change our fees from time to time in our sole discretion. Furthermore, in the event that we terminate your account, you shall not be entitled to the refund of any unused credit, Gold, coins, or Games.
We may charge fees to access and acquire certain Games, Game items, or participate in Game activities on the Website and may allow the purchase of in-game “currency” ("Gold") that may be applied to the purchase of Games, in-game items or activities. ANY APPLICABLE GOLD, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON-REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. GOLD HAS NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
11. Our Sales Policies
A. The store
You will then be required to log into your account before proceeding to checkout. Prior to the submission of your order, you will be required to submit billing and payment information. You will then receive an e-mail from the Website confirming your purchase.
Items or Games offered for sale and/or redemption through the store are for personal use only. In the event your order is canceled, we will attempt to notify you, using the e-mail provided with your order.
B. Use of methods of Payment
If you have elected to purchase any Games or Gold packages through the Website, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges. Value-Added Tax (VAT), Sales Tax or other excise tax may be included in, or added to, your purchase depending on your country, state, territory, city, or on other applicable local regulations. Tax rates may vary accordingly.
Where and to the extent required by applicable laws, you will be able to verify and modify your order information before confirming your order. After the submission of your order, you will receive an e-mail receipt from the Website providing full details of your purchase. You hereby agree to receive all notices and records in electronic form.
All charges made to your credit card or debits to your account can be viewed by you under the Payment History section of the account management area.
C. Mobile Payments
- Unsubscribe/opt out details: “To opt out, send STOP to 60138”
- Network charges may apply
- Please make sure that you are over eighteen (18) and have the bill payer's permission.
- The charges will be applied to your wireless phone bill or deducted from your prepaid phone balance.
- For billing inquires contact: https://help.txtnation.com/
12. Data Processing
13. Warranty Disclaimer
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ITS SITE OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICE PURCHASED AND OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OUR SERVICE. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GAMES, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
The foregoing shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
14. Limitation of liability
TO THE FULL EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
- DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
- MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
- IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
- THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE;
- ANY UNAUTHORIZED ACCESS TO OUR SERVERS AND CUSTOMER INFORMATION BY A THIRD PARTY; OR
- ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THIS AGREEMENT, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU RELEASE US FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, THAT ARE DESCRIBED IN THIS SECTION ON LIABILITY LIMITATIONS. YOU ALSO WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW, OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE § 1542. YOU AGREE NOT TO FILE ANY ACTION OR LAWSUIT INCONSISTENT WITH THE FOREGOING RELEASE.
15. Governing Law
This Agreement and the relationship between you and us shall be governed by the Laws of Grand Duchy of Luxemburg, as an agreement wholly performed, negotiated, and executed therein without regard to conflict of law rules. You agree that: (i) the Website shall be deemed solely based in Luxemburg; and (ii) the Website shall be deemed a passive Website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Luxemburg. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Luxemburg. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
16. Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Your Comments and Concerns
This Website is operated by Nutaku, a private limited liability company to be organized under the laws of the Grand Duchy of Luxembourg, 32, Boulevard Royal, L-2449 Luxembourg
All notices of copyright infringement claims should be sent to:
Copyright Email: firstname.lastname@example.org
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to:
18. Waiver and Severability
No waiver by us of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. All waivers hereunder must be made in writing and signed by the waiving party.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
You agree to defend, indemnify, and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Website and Games;
- Your violation of any term of this Agreement;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that one of your User Submissions caused damage to a third party.
The Terms and Conditions contained herein, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by it without restriction.
This Agreement and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by us without restriction.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries. For the purpose of clarity, our representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, licensors, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.