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Nagooyen, LLC
End-User License Agreement
These End-User License Agreement (“Agreement”) are a binding agreement between you (“End User” or “you“) and Nagooyen, LLC (“Company”, “we”, or “our”). This Agreement governs your use of our game, Gemion Function (the “Game”). The Game is licensed, not sold, to you.
BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE GAME, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE GAME.
1. Access and Use of the Game
1.1 Eligibility. Only persons meeting the following requirements may access, use, or play the Game:
(a) Persons who have the legal capacity for form a binding contract with Company pursuant to the applicable laws of their jurisdiction;
(b) Persons who are the older of 18 years or the legal age to form a binding agreement in their jurisdiction; and
(c) Persons who have read, understand, agree and consent to all of the terms of: (i) this Agreement and (ii) consent to our of your personal information as described in our Privacy Policy;
1.2 License Grant. Subject to Section 1.1 and all other the terms of this Agreement, Company grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to download, install, and use the Game for your personal, non-commercial use on a device owned or otherwise controlled by you (“Device“) strictly in accordance with the relevant documentation.
1.3 License Restrictions. The rights granted to you in Section 1.2 are subject to the following restrictions. You may not:
(a) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the Game or any element thereof, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Game;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Game or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Game, including any copy thereof;
(e) access or use the Game in order to build a similar or competitive product or service;
(f) rent, license, lease, lend, sell, sublicense, assign, distribute, host, publish, transfer, commercially exploit or otherwise make available the Game, or any features or functionality of the Game, to any third party for any reason, including by making the Game available on a network where it is capable of being accessed by more than one device at any time;
(g) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game; or
(h) use the Game or any code, graphics, audio, text, user interface, gameplay mechanics, storylines, characters, or any other content, materials or other elements of or accessible through or generated by the Game (collectively the “Game Content”) to train, develop, test, improve, or otherwise enhance any large language models (LLMs), artificial intelligence (AI) systems, machine learning algorithms, or other AI-related tools or technologies. You specifically agree not to input, upload, or otherwise provide any Game Content to any AI system or allow any AI system to access, scrape, or ingest any Game Content; Use outputs or results from the Game or any Game Content to train or fine-tune any AI model, reverse engineer or decompile the Game or any Game Content for AI-related purposes; or create any dataset incorporating Game Content for AI training.
Unless otherwise indicated, any future release, update, patch, DLC, or other addition to functionality of the or other addition to functionality of the Game will be subject to this Agreement. All copyright and other proprietary notices on or within the Game must be retained on all copies thereof.
1.4 Free Content. Upon downloading the Game, users may have access to certain features of the Game ("Free Features"). Company may add, remove, modify or otherwise change the Free Features at any time with or without notice to you.
1.5 Collection and Use of Your Personal Information. You acknowledge that when you access, download, install, or use the Game, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Game. You also may be required to provide certain information about yourself as a condition to accessing, downloading, installing, or using the Game or certain of their features or functionality, and the Game may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with Game is processed in accordance with the terms of our Privacy Policy. By accessing, downloading, installing, using, and providing information to or through the Game, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
1.6 Updates. Company may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings when your Device is connected to the internet either: (i) the Game will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this Agreement.
1.7 Device Requirements. The Game can only be used via certain devices for a list of which are provided on the Company website and/or the third-party marketplace (“Marketplace”) page where the Game can be downloaded. Your Device must also meet the system requirements listed on Company’s website and/or the Marketplace page.
1.8 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Game.
2. Acceptable Use and Information Submitted Through the Game (and Outside Platforms as defined below)
2.1 User Content. “User Content” means any and all information and content of any kind that you or any other user submits (e.g., content in a review, comment, communications with other users, or other types of postings) to, or uses with, the Game, or any group, server or other manner of forum on social media organized by or associated with Company including without limitation, our Instagram, X, Facebook, TikTok, Twitch, or YouTube accounts and pages (“Outside Platform(s)”). Your submission of User Content is governed by this Agreement and the Company Privacy Policy if through the Game, or if through an Outside Platform, by the terms and policies of the applicable platform, provided that your User Content must, in either case, always comply with the terms of this Section 2. By submitting User Content to through the Game or Outside Platform, you make the following representations, warranties and agreements:
(a) You meet the eligibility requirements in Section 1.1 above;
(b) You agree that you are solely responsible for, and you assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party;
(c) You consent to our use of your personal information as outlined in the Privacy Policy;
(d) To the extent that you submit information that personally identifies or is otherwise of or about a third party (“Third Party Information”) through the Game or Outside Platform, you represent that all such Third Party Information is of persons who are at least 18 years of age, and that you have validly obtained all consents and provided all notices required by applicable law for the submission, disclosure and use by us of the Third Party Information;
(e) All information or material that you submit through the Game or Outside Platform is true, accurate and complete, and you will maintain and update such information and materials as needed such that it remains true, accurate and complete;
(f) You hereby represent and warrant that your User Content on all Outside Platforms is in full compliance with all terms, rules and guidelines of the applicable platforms.
(g) You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3).
You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Game. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 Acceptable Use Policy.
(a) You agree not to: You agree not to use the Game to submit, collect, upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Game any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Game unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Game to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Game; or (vi) use software or automated agents or scripts to produce multiple accounts on the Game, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game (provided, however, that, subject to Section 1.3(h) above, we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Game for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include terminating your ability to access or play the Game in accordance with Section 4, and/or reporting you to law enforcement authorities.
2.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 4, and/or reporting you to law enforcement authorities.
2.5 Feedback. If you provide Company with any feedback or suggestions regarding the Game (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
2.6 User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Game and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Game.
3. Proprietary Rights; Reservation of Rights. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this Agreement, or any other rights thereto other than to use the Game in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and will retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. There are no implied licenses granted under this Agreement.
4. Term. The term of Agreement commences when you use the Game and will continue in effect until terminated by you or Company as set forth in this Section 4.
4.1 Termination by You. You may terminate this Agreement by deleting the Game and all copies thereof from your Device.
4.2 Termination by Company. Company may terminate this Agreement with respect to one or more of the Game at any time without notice if it ceases to support the Game, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement in which case Company may terminate your ability to access the Game.
4.3 Effect of Termination. Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Game and delete all copies of the Game from your Device and account. Termination will not limit any of Company’ rights or remedies at law or in equity. Company will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for the deletion of your information and content. Even after your rights under this Agreement are terminated, the provisions herein which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, 1.6, 4.3, and 5-11. Termination of this Agreement will not limit any of Company’ rights or remedies at law or in equity.
5. Indemnification. You agree to indemnify, defend, and hold Company (and its officers, employees, directors, affiliates, agents, successors, and assigns) harmless, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Game, (b) your violation of this Agreement, or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game (including any interactions with, or act or omission of, other users of the Game or any Third Party Information). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
7. Disclaimer of Warranties. THE GAME, INCLUDING ALL OTHER FEATURES AND ELEMENTS THEREOF, IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SERVICES, SYSTEMS, OR DEVICE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME OR THE GAME CONTENT FOR: (A) ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR GAME, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. Governing Law and Venue. This Agreement and any disputes arising out of or related to it will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to this Agreement will be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco County, California. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
10. Waiver of Jury Trial. Each party hereby waives any right to a trial by jury in any action, suit, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
11. Miscellaneous
11.1 Changes. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on the Game. Any changes to this Agreement will be effective upon thirty (30) calendar days following our posting of notice of the changes on the Game. These changes will be effective immediately for new users of the Game. Continued use of the Game following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Export Regulation. The Game may be subject to export control laws. You may not, directly or indirectly, export, re-export, or release the Game to, or make the Game accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You must comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Game available outside your jurisdiction or country.
11.3 Disclosures. Company is located at the address in Section 11.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.4 Electronic Communications. The communications between you and Company use electronic means, whether you use the Game or send us emails, or whether Company posts notices on the Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.5 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
11.6 Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11.7 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
11.8 Entire Agreement. This Agreement, our Privacy Notice, our Community Guidelines and any other terms that reference this Agreement constitute the entire agreement between you and Company with respect to the Game and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Game.
11.9 Copyright/Trademark Information. Copyright © 2025 Nagooyen, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Game are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11.10 Contact:
nagooyengames@gmail.com
Nagooyen, LLC
3654 Thornton Avenue, #1079
Fremont, CA 94536
End-User License Agreement
These End-User License Agreement (“Agreement”) are a binding agreement between you (“End User” or “you“) and Nagooyen, LLC (“Company”, “we”, or “our”). This Agreement governs your use of our game, Gemion Function (the “Game”). The Game is licensed, not sold, to you.
BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE GAME, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE GAME.
1. Access and Use of the Game
1.1 Eligibility. Only persons meeting the following requirements may access, use, or play the Game:
(a) Persons who have the legal capacity for form a binding contract with Company pursuant to the applicable laws of their jurisdiction;
(b) Persons who are the older of 18 years or the legal age to form a binding agreement in their jurisdiction; and
(c) Persons who have read, understand, agree and consent to all of the terms of: (i) this Agreement and (ii) consent to our of your personal information as described in our Privacy Policy;
1.2 License Grant. Subject to Section 1.1 and all other the terms of this Agreement, Company grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to download, install, and use the Game for your personal, non-commercial use on a device owned or otherwise controlled by you (“Device“) strictly in accordance with the relevant documentation.
1.3 License Restrictions. The rights granted to you in Section 1.2 are subject to the following restrictions. You may not:
(a) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the Game or any element thereof, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Game;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Game or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Game, including any copy thereof;
(e) access or use the Game in order to build a similar or competitive product or service;
(f) rent, license, lease, lend, sell, sublicense, assign, distribute, host, publish, transfer, commercially exploit or otherwise make available the Game, or any features or functionality of the Game, to any third party for any reason, including by making the Game available on a network where it is capable of being accessed by more than one device at any time;
(g) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Game; or
(h) use the Game or any code, graphics, audio, text, user interface, gameplay mechanics, storylines, characters, or any other content, materials or other elements of or accessible through or generated by the Game (collectively the “Game Content”) to train, develop, test, improve, or otherwise enhance any large language models (LLMs), artificial intelligence (AI) systems, machine learning algorithms, or other AI-related tools or technologies. You specifically agree not to input, upload, or otherwise provide any Game Content to any AI system or allow any AI system to access, scrape, or ingest any Game Content; Use outputs or results from the Game or any Game Content to train or fine-tune any AI model, reverse engineer or decompile the Game or any Game Content for AI-related purposes; or create any dataset incorporating Game Content for AI training.
Unless otherwise indicated, any future release, update, patch, DLC, or other addition to functionality of the or other addition to functionality of the Game will be subject to this Agreement. All copyright and other proprietary notices on or within the Game must be retained on all copies thereof.
1.4 Free Content. Upon downloading the Game, users may have access to certain features of the Game ("Free Features"). Company may add, remove, modify or otherwise change the Free Features at any time with or without notice to you.
1.5 Collection and Use of Your Personal Information. You acknowledge that when you access, download, install, or use the Game, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Game. You also may be required to provide certain information about yourself as a condition to accessing, downloading, installing, or using the Game or certain of their features or functionality, and the Game may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with Game is processed in accordance with the terms of our Privacy Policy. By accessing, downloading, installing, using, and providing information to or through the Game, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
1.6 Updates. Company may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings when your Device is connected to the internet either: (i) the Game will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Game and be subject to all terms and conditions of this Agreement.
1.7 Device Requirements. The Game can only be used via certain devices for a list of which are provided on the Company website and/or the third-party marketplace (“Marketplace”) page where the Game can be downloaded. Your Device must also meet the system requirements listed on Company’s website and/or the Marketplace page.
1.8 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Game.
2. Acceptable Use and Information Submitted Through the Game (and Outside Platforms as defined below)
2.1 User Content. “User Content” means any and all information and content of any kind that you or any other user submits (e.g., content in a review, comment, communications with other users, or other types of postings) to, or uses with, the Game, or any group, server or other manner of forum on social media organized by or associated with Company including without limitation, our Instagram, X, Facebook, TikTok, Twitch, or YouTube accounts and pages (“Outside Platform(s)”). Your submission of User Content is governed by this Agreement and the Company Privacy Policy if through the Game, or if through an Outside Platform, by the terms and policies of the applicable platform, provided that your User Content must, in either case, always comply with the terms of this Section 2. By submitting User Content to through the Game or Outside Platform, you make the following representations, warranties and agreements:
(a) You meet the eligibility requirements in Section 1.1 above;
(b) You agree that you are solely responsible for, and you assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party;
(c) You consent to our use of your personal information as outlined in the Privacy Policy;
(d) To the extent that you submit information that personally identifies or is otherwise of or about a third party (“Third Party Information”) through the Game or Outside Platform, you represent that all such Third Party Information is of persons who are at least 18 years of age, and that you have validly obtained all consents and provided all notices required by applicable law for the submission, disclosure and use by us of the Third Party Information;
(e) All information or material that you submit through the Game or Outside Platform is true, accurate and complete, and you will maintain and update such information and materials as needed such that it remains true, accurate and complete;
(f) You hereby represent and warrant that your User Content on all Outside Platforms is in full compliance with all terms, rules and guidelines of the applicable platforms.
(g) You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3).
You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Game. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 Acceptable Use Policy.
(a) You agree not to: You agree not to use the Game to submit, collect, upload, transmit, display, or distribute any User Content that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Game any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Game unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Game to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Game, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Game (or to other computer systems or networks connected to or used together with the Game), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Game; or (vi) use software or automated agents or scripts to produce multiple accounts on the Game, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game (provided, however, that, subject to Section 1.3(h) above, we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Game for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include terminating your ability to access or play the Game in accordance with Section 4, and/or reporting you to law enforcement authorities.
2.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 4, and/or reporting you to law enforcement authorities.
2.5 Feedback. If you provide Company with any feedback or suggestions regarding the Game (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
2.6 User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Game and Company will have no liability or responsibility with respect thereto. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Game.
3. Proprietary Rights; Reservation of Rights. You acknowledge and agree that the Game is provided under license, and not sold, to you. You do not acquire any ownership interest in the Game under this Agreement, or any other rights thereto other than to use the Game in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and will retain their entire right, title, and interest in and to the Game, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. There are no implied licenses granted under this Agreement.
4. Term. The term of Agreement commences when you use the Game and will continue in effect until terminated by you or Company as set forth in this Section 4.
4.1 Termination by You. You may terminate this Agreement by deleting the Game and all copies thereof from your Device.
4.2 Termination by Company. Company may terminate this Agreement with respect to one or more of the Game at any time without notice if it ceases to support the Game, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement in which case Company may terminate your ability to access the Game.
4.3 Effect of Termination. Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Game and delete all copies of the Game from your Device and account. Termination will not limit any of Company’ rights or remedies at law or in equity. Company will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for the deletion of your information and content. Even after your rights under this Agreement are terminated, the provisions herein which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, 1.6, 4.3, and 5-11. Termination of this Agreement will not limit any of Company’ rights or remedies at law or in equity.
5. Indemnification. You agree to indemnify, defend, and hold Company (and its officers, employees, directors, affiliates, agents, successors, and assigns) harmless, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Game, (b) your violation of this Agreement, or (c) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Game (including any interactions with, or act or omission of, other users of the Game or any Third Party Information). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”
7. Disclaimer of Warranties. THE GAME, INCLUDING ALL OTHER FEATURES AND ELEMENTS THEREOF, IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE GAME, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE GAME WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SERVICES, SYSTEMS, OR DEVICE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME OR THE GAME CONTENT FOR: (A) ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR GAME, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) ANY DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. Governing Law and Venue. This Agreement and any disputes arising out of or related to it will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to this Agreement will be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco County, California. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
10. Waiver of Jury Trial. Each party hereby waives any right to a trial by jury in any action, suit, or proceeding arising out of or relating to this Agreement or the transactions contemplated hereby.
11. Miscellaneous
11.1 Changes. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on the Game. Any changes to this Agreement will be effective upon thirty (30) calendar days following our posting of notice of the changes on the Game. These changes will be effective immediately for new users of the Game. Continued use of the Game following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Export Regulation. The Game may be subject to export control laws. You may not, directly or indirectly, export, re-export, or release the Game to, or make the Game accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You must comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Game available outside your jurisdiction or country.
11.3 Disclosures. Company is located at the address in Section 11.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
11.4 Electronic Communications. The communications between you and Company use electronic means, whether you use the Game or send us emails, or whether Company posts notices on the Game or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
11.5 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
11.6 Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11.7 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
11.8 Entire Agreement. This Agreement, our Privacy Notice, our Community Guidelines and any other terms that reference this Agreement constitute the entire agreement between you and Company with respect to the Game and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Game.
11.9 Copyright/Trademark Information. Copyright © 2025 Nagooyen, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Game are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11.10 Contact:
nagooyengames@gmail.com
Nagooyen, LLC
3654 Thornton Avenue, #1079
Fremont, CA 94536