Nurigames Inc. Terms of Service
(Last updated on April 18, 2013)
Thanks for using our products and services (¡°Services¡±). The Services are provided by Nurigames Inc. (¡°Nurigames¡±), located at 157-804 1212 Hanwha-Biz Metro 449-4, Gayang-dong, Gangseo-gu, Seoul, Korea.
By using our Services, you are agreeing to these terms. Please read them carefully.
1.1 This Terms of Service is a legal agreement between you and Nurigames, By accessing or using any Nurigames games, you agree that you have read, understood, and agreed to be bound by these Terms.
1.2 You can see these terms at any time by using the link at the bottom of the Game page. We can make changes to these terms at any time in accordance with clause 16 (changes to these terms) and your continued use of our Games shall confirm your acceptance. You agree to check these terms from time to time.
2. Our Games
2.1 Providing you agree to these terms, we grant you a non-exclusive, non-transferable, revocable limited license to use and display our Games (but not the related object and source code) for your own personal private use. You agree not to use our Games for anything else.
2.2 You will not allow anyone else to use your login details or give them to anyone else. If you do, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result.
2.3 Game rules, scoring, controls and guidelines for all Games can be found within each Game.
2.4 We reserve the right to change all or part of our Games and to remove Games from time to time without liability to you.
2.5 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agree to these terms and are happy for you to play our Games.
2.6 Our Games may include virtual currencies such as coins, gold coins and points (Virtual Money) that you can buy from us for real money if you are at least 18 years old. You may also be able to buy items or services within our Games (Virtual Goods) for real money and/or social network credits. Virtual Money and Virtual Goods are never exchanged for real money, real goods or real services from us or anyone else.
2.7 We reserve the right to control, regulate, change or remove any Virtual Currency or Virtual Goods without any liability to you.
2.8 You agree that all sales of Virtual Currencies and Virtual Goods are final and that we will not refund any transaction once it has been made.
2.9 If we suspend or terminate your account because we reasonably believe that you have not complied with these terms you will lose any Virtual Currencies and Virtual Goods that you may have.
3.2 We may use logs to store certain types of information each time you play our Games. We reserve the right to provide information that you have provided to us and which could be used to identify you personally to a third party if we are legally required to do so. Otherwise, however, we will not disclose such information to any third party without your consent. We agree to comply with all laws that relate to how your personal information can be used.
3.3 By playing our Games, you agree that we can display your username, Game scores and other related information within our Games.
3.4 We will retain your personal data only as long as is necessary for the purposes to which you consent under these terms and then we will delete it from our systems.
We will not be liable to you for any loss that you suffer as a result of an unauthorized person accessing your Facebook account and playing our Games and we accept no liability resulting from its unauthorized use, whether fraudulently or otherwise. You must ensure that your login details for Facebook and password are always kept secret.
You must comply with the laws that apply to you in the location that you access our Games from. If any laws applicable to you restrict or prohibit you from playing our Games, you must comply with those legal restrictions.
7 Suspension and termination for breach
We reserve the right to suspend or terminate your access to our Games if we reasonably believe that you are in breach of these terms. You are responsible for everything that is done via your social network account on and/or via our Games while you are logged into this social network.
8. Responsibility for user uploaded materials
8.1 You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that you may be sent when playing our Games (Content), whether publicly posted or privately sent, are the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload post, email, transmit or otherwise make available via our Games. We do not control Content posted on our Games by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when playing our Games, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Games.
8.2 We will remove uploaded Content from our Games if we decide in our sole discretion that it is capable of breaching any part of these terms, or that it may bring us or our Games into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that play our Games and we make no undertaking to do so.
8.3 You agree not to:
9 Disclaimer and release
9.1 Subject to clause 12 (non-excluded liabilities) to the maximum extent permissible under applicable law, in no event shall we be liable whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability or strict liability or other theory), for any indirect, incidental, special or consequential damages (including without limitation any loss of data, service interruption, computer or other device failure or pecuniary loss) arising out of the use or inability to use our Games, including any damages that may result, even if we have been advised of the possibility of such damages.
9.2 Your only right with respect to any problems or dissatisfaction with any of our Games is to discontinue your use of that Game and we are not responsible or liable for any interruptions or errors that you may experience while playing our Games.
10. Intellectual property
We retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, ¡°Service Materials¡±). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Nurigame's explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Nurigames. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
Nurigames and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
11. Maximum liability
Without limiting clause 9 (disclaimer and release), during any period of twelve months, our total liability to you under these terms (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the amount that you have paid to us in the 100 day period ending on the date of your claim.
12. Non-excluded liabilities
Nothing in these terms limits our liability for death or personal injury resulting from our negligence or any other liability which may not by law be excluded. Any legal rights you may have as a consumer remain unaffected by these terms.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these terms by you resulting from you accessing our Games.
We reserve the right to assign these terms and to assign or subcontract any or all of our rights and obligations under these terms. You may not assign or dispose of any of the rights we give you under these terms unless we first agree to this in writing.
15. Entire agreement
These terms set out the entire agreement between you and us concerning our Games and they replace all earlier agreements and understandings between you and us. A person who is not a party to these terms has no right to rely upon or enforce any part of these terms.
16. Changes to these terms
We reserve the right to update these terms from time to time. If you do not wish to be governed any updated version of the terms, your only remedy is to stop playing our Games.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, the remainder of these terms shall remain valid and enforceable.
Our contact email for questions is email@example.com