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TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. These Terms of Service govern use of the websites operated by or on behalf of Narvalous, Inc. and/or its affiliates (“Narvalous,” “we,” or “us”) and on which these Terms of Service appear, including those at all Narvalous.com URLs (“Websites”) and the Narvalous services provided on or through the Websites and/or accessible through various desktop and mobile web browsers, locally installed mobile web applications, third party platforms including social networking sites (“Third Party Platforms”), and various API services and other services that we may offer from time to time, including without limitation massively multiplayer, social, online and/or other games and applications (including mobile applications), community forums, and blogs (collectively, the “Services”). Your right to use the Websites and/or Services is subject to your compliance with all of the terms and conditions set forth herein. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Narvalous.Your access to and use of the Websites and Services are also governed by Narvalous' Privacy Policy located at https://www.narvalous.com/html/term.html which are incorporated by reference in their entirety herein (both the Terms of Service and the Privacy Policy shall collectively be referred to herein as the “Terms” unless specifically stated otherwise). By accessing and/or using the Websites and/or Services you agree to abide by the Terms, including all rules, terms, conditions, restrictions and notices therein. If you do not wish to be bound by the Terms, you may not access or use the Websites or the Services.
License to Use the Services
Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by Narvalous (the "Developer"). For commercial use of the game, advertising, or affliate programs, you can contact info@narvalous.com for further informatin. You may not use the Services for any other purpose.
This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:
Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the experience to the detriment of fair play;
Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience;
Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
Exploit the Services or any of its parts for any commercial purpose;
Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law.
Code of Conduct
Your use of the Services is governed by certain rules (the "Code of Conduct"), which must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not:
Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are all prohibited;
Promote, encourage, or otherwise advocate the use of illegal drugs;
Violate the terms of any other applicable agreement or terms governing the access or use of the Services (including any end user license, code of conduct or other terms of use/service or guidelines from any web site on which the Services are available);
Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by the Developer and Services, must be limited to the appropriate forum or channel for such offers;
Collect (in an automated manner or otherwise) and / or publish personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or a representative of the Developer) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);
Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or
Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.
Use the Services for spamming or phishing activities.
Use the Services involved in any copywrite infringement.
Use the Services in illegal exploitations.
Communicate with rude, abusive languages.
These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit - up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.
You are responsible for maintaining the confidentiality of your information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your name within the Services. You must notify us immediately of any unauthorized use or theft of your information or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by the Developer or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others.
Virtual Currency / Virtual Items
You acknowledge that the Websites and/or Services may include a component of fictional currency ("Virtual Currency"). The Virtual Currency may be used exclusively within the Websites to gain access to and certain limited rights to use virtual items for use exclusively within the Websites and Services (“Virtual Items”). Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any sum of money or monetary value from Narvalous or any other person or entity at any time. Virtual Currency provided by Narvalous includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency on and in the Websites or Services including in or for any games, applications or other services provided or offered on or through the Websites and/or Third Party Platforms, and you agree that you have no right, title or ownership in or to any such Virtual Currency. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND Virtual Items HAVE NO CASH VALUE AND THAT NEITHER Narvalous NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR Virtual Items FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, Virtual Items AND YOUR ACCOUNT SHALL HAVE NO VALUE.
Narvalous reserves the right to charge fees for the right to access or use Virtual Currency or Virtual Items, and/or may distribute Virtual Currency or Virtual Items without charge, in its sole discretion. For example, Narvalous may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Site Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that Narvalous may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Virtual Items and/or any Services at any time except as may be stated in writing. Virtual Currency and Virtual Items will not expire and will not incur fees for non-use. You may also obtain a license to use Virtual Currency and/or Virtual Items by redeeming third party virtual currency, including without limitation Facebook Credits. If you purchase or use Facebook Credits, you are agreeing to Facebook’s terms of service, including without limitation any payment terms, and privacy policies, and Narvalous is not a party to any such transactions.
Virtual Currency Transfers/Transactions
Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Virtual Items, or Accounts (“Unauthorized Transactions”) to anyone, including among other users of the Websites or Services is not sanctioned by Narvalous and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify Narvalous against any and all consequences resulting from such actions. You acknowledge that Narvalous may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Terms, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Websites or Services. You further agree that Narvalous may, in its sole discretion, reverse any transaction that is in its best interest, or may debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. Narvalous may, in its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction.Verification of certain information applicable to a transaction involving Virtual Currency and/or Virtual Items may be required prior to Narvalous’s acceptance thereof. In addition, as a condition to receiving certain Virtual Currency, Virtual Items, or other awards for participating in Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in Narvalous’s marketing materials, including on the Websites and in the Services. You acknowledge and agree that Narvalous shall have no liability for the use or loss of such information, Virtual Currency and/or Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity. Narvalous may replace such lost Virtual Currency and/or Virtual Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability.You may be required to provide Narvalous or its designated agent with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Virtual Items. You may also have the option of participating in third party offers to receive Virtual Currency. Narvalous is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions on the Websites, on or through Third Party Platforms, or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or store. Narvalous expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third party processor and/or store. You acknowledge and agree: (a) that any credit card transaction-related information will be treated by Narvalous as described in the Privacy Policy https://www.narvalous.com/html/term.html and, as applicable, in the privacy policy of the third-party payment processor(s) or stores used by Narvalous on or through the Websites or Third Party Platforms, (b) that all credit card and other payment related information that you provide to Narvalous, its designated payment processor or store, or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all federal, state and local taxes relating to or arising from your purchase.
Return / Refund Policy
All purchases of Virtual Currency and Virtual Items are final and under no circumstances will be refundable, transferable or exchangeable.
Narvalous has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Items as it sees fit in its sole discretion, and Narvalous shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Virtual Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when Narvalous discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.
Narvalous reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. Narvalous further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites (including any games, applications or services provided or offered on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Virtual Items. While Narvalous strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Narvalous’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to Narvalous that such calculation was or is intentionally incorrect.
Links to Third Party Sites
We may provide links on the Services to third party websites or vendors. Your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from one of our Services, and will not be liable for any claim relating thereto.
Content Rights
"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by the Developer or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys.
You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, rooms built and decorated (including screenshots with pictures and videos customized in the rooms), and virtual items or in-game currency acquired and developed as a result of game play, are the sole and exclusive property of the Developer and may be used by the Developer (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.
Developer representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. the Developer and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.
You acknowledge and agree that the Developer may use built-in tracking features to obtain information regarding your use of the Services, and agree that such information is deemed to be Content for all purposes under these Terms.
Termination
We reserve the right to terminate or suspend your access to any or all of the Services at any time, for any reason, in our sole discretion and determination.
In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by the Developer, you will not be entitled to any rights regarding any Content.
The Services are Available "AS-IS"
The Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user's errors and/or omissions.
Limitation of Liability
THE DEVELOPER WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DEVELOPER OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification
You agree to defend, indemnify, and hold the Developer harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by the Developer arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
Waiver and Severability
The failure of the Developer to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Modification of Terms
The Developer reserves the right to modify the Terms at any time. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.
©2010 All Rights Reserved.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. These Terms of Service govern use of the websites operated by or on behalf of Narvalous, Inc. and/or its affiliates (“Narvalous,” “we,” or “us”) and on which these Terms of Service appear, including those at all Narvalous.com URLs (“Websites”) and the Narvalous services provided on or through the Websites and/or accessible through various desktop and mobile web browsers, locally installed mobile web applications, third party platforms including social networking sites (“Third Party Platforms”), and various API services and other services that we may offer from time to time, including without limitation massively multiplayer, social, online and/or other games and applications (including mobile applications), community forums, and blogs (collectively, the “Services”). Your right to use the Websites and/or Services is subject to your compliance with all of the terms and conditions set forth herein. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Narvalous.Your access to and use of the Websites and Services are also governed by Narvalous' Privacy Policy located at https://www.narvalous.com/html/term.html which are incorporated by reference in their entirety herein (both the Terms of Service and the Privacy Policy shall collectively be referred to herein as the “Terms” unless specifically stated otherwise). By accessing and/or using the Websites and/or Services you agree to abide by the Terms, including all rules, terms, conditions, restrictions and notices therein. If you do not wish to be bound by the Terms, you may not access or use the Websites or the Services.
License to Use the Services
Subject to your compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by Narvalous (the "Developer"). For commercial use of the game, advertising, or affliate programs, you can contact info@narvalous.com for further informatin. You may not use the Services for any other purpose.
This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account. You agree that you will not:
Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the experience to the detriment of fair play;
Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player's experience;
Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
Exploit the Services or any of its parts for any commercial purpose;
Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services, except to the extent permitted by applicable law.
Code of Conduct
Your use of the Services is governed by certain rules (the "Code of Conduct"), which must be adhered to by all users at all times when using or accessing the Services. It is your responsibility to know, understand and abide by this Code of Conduct. By accessing and using the Services, you agree that you will not:
Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity (including distributing another player's personal information if he or she has not made such information public on the host site (if applicable)), hateful, racist, homophobic, bigoted, or otherwise offensive or objectionable;
Make any threats or threatening remarks, including (but not limited to) threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game;
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are all prohibited;
Promote, encourage, or otherwise advocate the use of illegal drugs;
Violate the terms of any other applicable agreement or terms governing the access or use of the Services (including any end user license, code of conduct or other terms of use/service or guidelines from any web site on which the Services are available);
Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through the Services that infringes any copyright, trademark, privacy, publicity or other proprietary right of any party;
Except as expressly authorized by us, advertise or offer to sell or buy any goods or services for any purpose, unless the Services on which you are playing specifically allows such messages. Offers to buy or sell in-game items, if applicable or permitted by the Developer and Services, must be limited to the appropriate forum or channel for such offers;
Collect (in an automated manner or otherwise) and / or publish personal information about others, or impersonate or create a false identity (such as a celebrity, web site administrator or a representative of the Developer) for the purpose of misleading others (including attempting to obtain password, account, or other information from a user);
Use the Services (including bulletin boards and other communications services) in any manner other than for personal communication as an individual user (i.e. sending surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages); or
Use the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties.
Use the Services for spamming or phishing activities.
Use the Services involved in any copywrite infringement.
Use the Services in illegal exploitations.
Communicate with rude, abusive languages.
These rules are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the Code of Conduct or otherwise outside the spirit of the Services and to take such action as we see fit - up to and including termination of your account and exclusion from further participation in the Services. We reserve the right to modify this Code of Conduct at any time.
You are responsible for maintaining the confidentiality of your information (including usernames and passwords and billing information) and are responsible for any and all activities that occur under your name within the Services. You must notify us immediately of any unauthorized use or theft of your information or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are responsible for the activities occurring under your account and you will be liable for any losses or damages incurred by the Developer or another party due to someone else using your account. You may not use anyone else's account at any time. Your account is personal to you and you may not transfer or make available your account to others.
Virtual Currency / Virtual Items
You acknowledge that the Websites and/or Services may include a component of fictional currency ("Virtual Currency"). The Virtual Currency may be used exclusively within the Websites to gain access to and certain limited rights to use virtual items for use exclusively within the Websites and Services (“Virtual Items”). Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any sum of money or monetary value from Narvalous or any other person or entity at any time. Virtual Currency provided by Narvalous includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency on and in the Websites or Services including in or for any games, applications or other services provided or offered on or through the Websites and/or Third Party Platforms, and you agree that you have no right, title or ownership in or to any such Virtual Currency. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND Virtual Items HAVE NO CASH VALUE AND THAT NEITHER Narvalous NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR Virtual Items FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, Virtual Items AND YOUR ACCOUNT SHALL HAVE NO VALUE.
Narvalous reserves the right to charge fees for the right to access or use Virtual Currency or Virtual Items, and/or may distribute Virtual Currency or Virtual Items without charge, in its sole discretion. For example, Narvalous may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Site Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that Narvalous may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Virtual Items and/or any Services at any time except as may be stated in writing. Virtual Currency and Virtual Items will not expire and will not incur fees for non-use. You may also obtain a license to use Virtual Currency and/or Virtual Items by redeeming third party virtual currency, including without limitation Facebook Credits. If you purchase or use Facebook Credits, you are agreeing to Facebook’s terms of service, including without limitation any payment terms, and privacy policies, and Narvalous is not a party to any such transactions.
Virtual Currency Transfers/Transactions
Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Virtual Items, or Accounts (“Unauthorized Transactions”) to anyone, including among other users of the Websites or Services is not sanctioned by Narvalous and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify Narvalous against any and all consequences resulting from such actions. You acknowledge that Narvalous may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Terms, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Websites or Services. You further agree that Narvalous may, in its sole discretion, reverse any transaction that is in its best interest, or may debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. Narvalous may, in its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction.Verification of certain information applicable to a transaction involving Virtual Currency and/or Virtual Items may be required prior to Narvalous’s acceptance thereof. In addition, as a condition to receiving certain Virtual Currency, Virtual Items, or other awards for participating in Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in Narvalous’s marketing materials, including on the Websites and in the Services. You acknowledge and agree that Narvalous shall have no liability for the use or loss of such information, Virtual Currency and/or Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity. Narvalous may replace such lost Virtual Currency and/or Virtual Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability.You may be required to provide Narvalous or its designated agent with your credit card number or other billing information, and related information, in order to purchase Virtual Currency or Virtual Items. You may also have the option of participating in third party offers to receive Virtual Currency. Narvalous is not responsible or liable to you for any credit card or bank-related charges and fees related to your transactions on the Websites, on or through Third Party Platforms, or for your participation in any third party offers. All such transactions are administered by a third party payment processor and/or store. Narvalous expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third party processor and/or store. You acknowledge and agree: (a) that any credit card transaction-related information will be treated by Narvalous as described in the Privacy Policy https://www.narvalous.com/html/term.html and, as applicable, in the privacy policy of the third-party payment processor(s) or stores used by Narvalous on or through the Websites or Third Party Platforms, (b) that all credit card and other payment related information that you provide to Narvalous, its designated payment processor or store, or a third party providing offers, is accurate, current and complete; (c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and (d) that you are responsible for any and all federal, state and local taxes relating to or arising from your purchase.
Return / Refund Policy
All purchases of Virtual Currency and Virtual Items are final and under no circumstances will be refundable, transferable or exchangeable.
Narvalous has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Items as it sees fit in its sole discretion, and Narvalous shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Virtual Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when Narvalous discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.
Narvalous reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. Narvalous further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites (including any games, applications or services provided or offered on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Virtual Items. While Narvalous strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Narvalous’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to Narvalous that such calculation was or is intentionally incorrect.
Links to Third Party Sites
We may provide links on the Services to third party websites or vendors. Your dealings with these third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from one of our Services, and will not be liable for any claim relating thereto.
Content Rights
"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by the Developer or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Site, including any responses provided through user surveys.
You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, rooms built and decorated (including screenshots with pictures and videos customized in the rooms), and virtual items or in-game currency acquired and developed as a result of game play, are the sole and exclusive property of the Developer and may be used by the Developer (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.
Developer representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. the Developer and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.
You acknowledge and agree that the Developer may use built-in tracking features to obtain information regarding your use of the Services, and agree that such information is deemed to be Content for all purposes under these Terms.
Termination
We reserve the right to terminate or suspend your access to any or all of the Services at any time, for any reason, in our sole discretion and determination.
In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by the Developer, you will not be entitled to any rights regarding any Content.
The Services are Available "AS-IS"
The Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. Your access and use of the Services is at your own risk. We cannot assume responsibility for any damages suffered by you, including, but not limited to, loss of data, game play, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by us, or by your or by any other user's errors and/or omissions.
Limitation of Liability
THE DEVELOPER WILL NOT BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICES INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DEVELOPER OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification
You agree to defend, indemnify, and hold the Developer harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by the Developer arising out of or from your access and use of the Services, your violation of these Terms or any Content posted, transmitted or provided by you or on your behalf.
Waiver and Severability
The failure of the Developer to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Modification of Terms
The Developer reserves the right to modify the Terms at any time. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.
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