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TERMS OF SERVICE
The terms of this agreement ("Terms of Service") govern the relationship between you and Nexent SRL, an Italian company (P.IVA: 1174686096) having its registered office at "Via Ciovassino 1/A 20121, Milano, Italy" (hereinafter "Nexent SRL" or "Us" or "We") regarding your use of Nexent SRL's software, mobile applications, games, websites and related services (the "Service"). Use of the Service is also governed by Nexent SRL's Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any Nexent SRL website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook (Meta), you shall comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Nexent SRL reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Nexent SRL policies at any time by posting the amended terms on the Nexent SRL Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Nexent SRL Privacy Policy, or any other Nexent SRL policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
1. License
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Nexent SRL policies, Nexent SRL grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Nexent SRL, or previously been banned from playing any Nexent SRL game.
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Nexent SRL and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Nexent SRL reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
The Service supports only one Account per game on a supported device.
License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that Nexent SRL deems to be in conflict with the spirit or intent of the Service or make improper use of Nexent SRL's support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Nexent SRL game or any Nexent SRL game experience.
Modify or cause to be modified any files that are a part of the Service or any Nexent SRL game without Nexent SRL's express written consent. Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Nexent SRL's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any Nexent SRL game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Nexent SRL, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Nexent SRL employees, including Nexent SRL's customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Nexent SRL employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Nexent SRL game, or to obtain any information from the Service or any Nexent SRL game using any method not expressly permitted by Nexent SRL.
Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Nexent SRL game.
Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Nexent SRL reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Nexent SRL reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, Nexent SRL MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Nexent SRL SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND Nexent SRL IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Nexent SRL RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Nexent SRL reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Nexent SRL shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Nexent SRL game client, and the Nexent SRL game clients and server software) are owned by Nexent SRL. Nexent SRL reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Nexent SRL.
2.3. Virtual Items
Nexent SRL owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Nexent SRL games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Nexent SRL game, whether earned in a game or purchased from Nexent SRL, or any other attributes associated with an Account or stored on the Service.
3. User Content
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Nexent SRL game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Nexent SRL in accordance with its Privacy Policy.
3.1.1. Content Screening
Nexent SRL assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
Nexent SRL reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Nexent SRL chooses, in its sole discretion, to monitor the Service, Nexent SRL nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Nexent SRL cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Nexent SRL shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Nexent SRL may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Nexent SRL violates these Terms of Service.
3.2.3. Your License to Nexent SRL
You hereby grant to Nexent SRL an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Nexent SRL the right to authorize others to exercise any of the rights granted to Nexent SRL under these Terms of Service. You further hereby grant to Nexent SRL the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Nexent SRL does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Nexent SRL has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Nexent SRL games. Nexent SRL reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Nexent SRL to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Nexent SRL access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. Fees and Purchase Terms
4.1.Purchases
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or diamonds, all for use in Nexent SRL games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
Nexent SRL may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Nexent SRL shall have no liability to you or any third party in the event that Nexent SRL exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Nexent SRL, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Nexent SRL games is a service provided by Nexent SRL that commences immediately upon acceptance by Nexent SRL of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Nexent SRL may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT Nexent SRL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. Nexent SRL may require that you accept updates to the Service and to Nexent SRL's games you have installed on your device or computer. You acknowledge and agree that Nexent SRL may update the Service and Nexent SRL games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Nexent SRL games.
6. Disclaimer of Warranties
WITHOUT LIMITING Nexent SRL'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Nexent SRL DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Nexent SRL SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Nexent SRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, Nexent SRL SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Nexent SRL IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO Nexent SRL DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND Nexent SRL'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH Nexent SRL IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Nexent SRL OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF Nexent SRL.
You agree to indemnify, defend and hold Nexent SRL (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution and Law
If a dispute arises between you and Nexent SRL, we strongly encourage you to first contact us directly to seek a resolution. If you are a resident outside of Italy you agree that all disputes between you and Nexent SRL shall be governed by the laws of Italy, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Nexent SRL must be resolved exclusively by a court located in Italy.
9. Severability
You and Nexent SRL agree that if any portion of these Terms of Service or of the Nexent SRL Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
10. General Provisions
10.1. Assignment
Nexent SRL may assign or delegate these Terms of Service and/or the Nexent SRL Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Nexent SRL's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
Nexent SRL may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Nexent SRL Privacy Policy), contain the entire understanding of you and Nexent SRL, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
10.4. No Waiver
The failure of Nexent SRL to require or enforce strict performance by you of any provision of these Terms of Service or the Nexent SRL Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Nexent SRL's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Nexent SRL of any provision, condition, or requirement of these Terms of Service or the Nexent SRL Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Nexent SRL shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by yourself and a duly appointed officer of Nexent SRL.
10.5. Notices
We may notify you via postings on https://www.Nexent.io, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Nexent SRL Privacy Policy shall be in writing and addressed to: Nexent SRL Via Ciovassino 1/A, 20121, Milan, Italy. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Nexent SRL are of a unique and irreplaceable nature, the loss of which shall irreparably harm Nexent SRL and which cannot be replaced by monetary damages alone so that Nexent SRL shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Nexent SRL game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Nexent SRL shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Nexent SRL, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Nexent SRL's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
PRIVACY POLICY
Thank you for playing our games! This Privacy Policy describes:
The ways we collect personal data about you and why we do so
How we use your personal data, and
The choices you have about your personal data.
This Privacy Policy applies to Nexent SRL's games, websites and related services, which we here collectively call the Service. We may periodically update this Privacy Policy by posting a new version on https://www.Nexent.io/privacy.html. If we make any material changes, we will notify you by updating our Service, requesting you, where doable, to review the updated information. Your continued use of the Service after the effective date will be subject to the new Privacy Policy.
CONTACT US
If you have questions about data protection, or if you have any requests for resolving issues with your personal data, we encourage you to primarily contact us through the game so we can reply to you more quickly.
Name of the controller: Nexent SRL
Address: Via Ciovassino 1/A, 20121, Milan, Italy
email: info@nexent.io subject: "Privacy policy question"
THE DATA WE COLLECT
Data you provide us.
Your messages to the Service (such as chat logs and player support tickets)
Other data you choose to give us (such as data to identify a lost account)
Data we collect automatically.
Data about your account, player ID from your device game services platforms and game progress
Your IP address and mobile device identifiers (such as your device ID, advertising ID, MAC address, IMEI)
Data about your device, such as device name and operating system, browser type and language
Data we collect with cookies and similar technologies (see more below)
General location data (Third-parties integration might request this information)
Precise geo-location data (GPS, with your consent)
Data about your use of the Service, such as gameplay data and, in case of multiplayer games, your interactions with other players inside the Service
In most cases, we also create a specific ID for you when you use the Service.
Data we collect from our partners.
Data we receive if you link a third party tool with the Service (such as Facebook, WeChat or Google)
Demographic data (such as to determine the coarse location of your IP address)
Data to fight fraud (such as refund abuse in games or click fraud in advertising)
Data from platforms that the games run on (such as to verify payment)
Data for advertising and analytics purposes, so we can provide you a better Service (with your consent)
WHY DO WE COLLECT YOUR DATA
To make the Service work.
To perform the contract, we process data necessary to
Create accounts and allow you to play our games and use our Service
Operate the Service
Verify and confirm payments
Provide and deliver products and services you request
Send you Service-related communications
To make the Service more suitable for our players.
To provide a great Service to our players, we have a legitimate interest to collect and process necessary data to
Update and develop player profiles
Develop and improve the Service and player experience
Manage our relationship with you
Provide social features as part of the Service
Customize your Service experience
Respond to your comments and questions and provide player support
Provide Nexent SRL offers in the Service as well as in other websites and services, and by email
Send you related information, such as updates, security alerts, and support messages
Enable you to communicate with other players (in case of multiplayer game)
To show personalized advertisements.
To show you personalized advertisements in the Service as well as in other websites and services (including email) we have a legitimate interest to process necessary data to
Track the content you access in connection with the Service and your online behavior
Deliver, target and improve our advertising and the Service
For information on how to opt-out from personalized advertisements, see section 'Your rights and options' below.
To keep the Service safe and fair.
Ensuring a level playing field in the Service is a top priority for us. For more information on our acceptable use policy, see the Nexent SRL Terms of Service.
In order to keep the Service and its social features safe and fair, to fight fraud and ensure acceptable use otherwise, we have a legitimate interest to process necessary data to
Analyze and monitor use of the Service and its social features
Moderate chats either automatically or manually
Take action against fraudulent or misbehaving players
To analyze, profile, and segment.
In all of the above cases and purposes, we may analyze, profile and segment all collected data.
With your consent.
With your consent, we may process your data for additional purposes, such as using your GPS location to show you local events.
WHO CAN SEE YOUR DATA
Apart from Nexent SRL, your data can be accessed by others in the following situations:
OTHER PLAYERS AND USERS.
Other players and users may, for example, see your profile data, in-game activities and read the messages you have posted.
PARTNERS WORKING FOR Nexent SRL
Nexent SRL has partners to perform services for us. These partners process your data only at and according to Nexent SRL´s instructions to provide the Service, such as hosting, player support, advertising, analytics and fraud prevention.
Other companies and public authorities.
In order to combat fraud and illegal activity, we may exchange data with other companies and organizations and provide it to public authorities in response to lawful requests.
We may also disclose your data based on your consent, to comply with the law or to protect the rights, property or safety of us, our players or others.
Advertising and Social Media partners.
The Service includes features from our partners, such as social media interaction tools and in-game advertising. A list of these partners is available in the next section "LIST OF THIRD PARTIES SERVICES". These partners may access your data and operate under their own privacy policies. We encourage you to check their privacy policies to learn more about their data processing practices.
LIST OF THIRD PARTIES SERVICES
This list report the third parties services that our Service uses in direct or indirect ways. Please refer to their privacy policy for any question about their tools or data usage. Write to us if you have any question about how these services are integrated with our Service.
Unity Ads (Unity Technologies ApS)
Unity Ads is an advertising service provided by Unity Technologies ApS.
Personal Data processed: Tracker, Usage Data
Place of processing: Denmark – Link:Privacy Policy
Unity Analytics (Unity Technologies ApS)
Unity Analytics is an analytics service provided by Unity Technologies ApS.
Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: Denmark – Link:Privacy Policy
Payment system (In App product purchases) Google Play Store (Google Ireland Limited)
The Service uses a payment service provided by Google Ireland Limited that allows the Owner to offer the purchase of the app itself or in-app purchases.
Personal Data processed to complete the purchases are processed by Google, as described in the privacy policy for the Google Play store.
Personal Data processed: device information; email address; payment info; Usage Data.
Place of processing: Ireland – Link:Privacy Policy
Payments processed via the Apple App Store (Apple Inc.)
The Service uses a payment service provided by Apple Inc. that allows the Owner to offer the purchase of the app itself or in-app purchases.
Personal Data processed to complete the purchases are processed by Apple, as described in the privacy policy for the App Store.
Personal Data processed: device information; Usage Data.
Place of processing: United States – Link:Privacy Policy
Firebase Notifications (Google Ireland Limited)
Firebase Notifications is a message sending service provided by Google Ireland Limited. Firebase Notifications can be integrated with Firebase Analytics to target analytics-based audiences and track opening and conversion events.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – Link:Privacy Policy
Heroku (Salesforce, Inc)
Heroku is a hosting and backend service provided by Salesforce, Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – Link:Privacy Policy
INTERNATIONAL DATA TRANSFERS
Our Service is global by nature and your data can therefore be transferred to anywhere in the world. Because different countries may have different data protection laws than your own country, we take steps to ensure adequate safeguards are in place to protect your data as explained in this Policy.
YOUR RIGHTS AND OPTIONS
Opt-out of marketing emails and other direct marketing.
You may opt-out of receiving promotional communications, such as marketing emails from us by following the instructions in such communications.
Opt-out of targeted advertising.
You can opt-out of interest-based advertising on mobile applications by checking the privacy settings of your Android or iOS device and selecting "limit ad tracking" (Apple iOS) or "opt-out of interest based ads" (Android).
For personalized in-game offers opt-out, you can use the options provided in the game settings.
Access the personal data we hold about you.
If you request, we will provide you a copy of your personal data in an electronic format.
Your other rights.
You also have the right to correct your data, have your data deleted, object how we use or share your data, and restrict how we use or share your data. You can always withdraw your consent, for example by turning off GPS location sharing in your mobile device settings.
We will respond to all requests within a reasonable timeframe. If you have an unresolved privacy or data use concern please contact us at info@nexent.io
COOKIES AND SIMILAR TECHNOLOGIES
Like most online services, we and our partners use cookies and similar technologies to provide and personalize the Service, analyse use, target advertisements and prevent fraud. You can disable cookies in your browser settings, but some parts of the Service may then not function properly.
HOW DO WE PROTECT YOUR DATA
Security Safeguards.
In order to help ensure a secure and safe player experience, we are continuously developing and implementing administrative and technical security measures to protect your data from unauthorized access or against loss, misuse or alteration.
Data retention.
We retain your data for as long as your account is active or as needed to provide you the Service. Note that if you ask us to remove your personal data, we will retain your data as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.
AGE LIMITS
We do not knowingly collect or solicit personal data about or direct or target interest based advertising to anyone under the age of 13 or knowingly allow such persons to use our Services. If you are under 13, please do not send any data about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal data. If we learn that we have collected personal data about a child under age 13, we will delete that data as quickly as possible. If you believe that we might have any data from or about a child under the age of 13, please contact us.
The terms of this agreement ("Terms of Service") govern the relationship between you and Nexent SRL, an Italian company (P.IVA: 1174686096) having its registered office at "Via Ciovassino 1/A 20121, Milano, Italy" (hereinafter "Nexent SRL" or "Us" or "We") regarding your use of Nexent SRL's software, mobile applications, games, websites and related services (the "Service"). Use of the Service is also governed by Nexent SRL's Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any Nexent SRL website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"), such as Facebook (Meta), you shall comply with its terms of service/use as well as these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Nexent SRL reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Nexent SRL policies at any time by posting the amended terms on the Nexent SRL Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Nexent SRL Privacy Policy, or any other Nexent SRL policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
1. License
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Nexent SRL policies, Nexent SRL grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Nexent SRL, or previously been banned from playing any Nexent SRL game.
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Nexent SRL and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Nexent SRL reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
The Service supports only one Account per game on a supported device.
License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that Nexent SRL deems to be in conflict with the spirit or intent of the Service or make improper use of Nexent SRL's support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Nexent SRL game or any Nexent SRL game experience.
Modify or cause to be modified any files that are a part of the Service or any Nexent SRL game without Nexent SRL's express written consent. Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Nexent SRL's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any Nexent SRL game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Nexent SRL, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Nexent SRL employees, including Nexent SRL's customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Nexent SRL employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Nexent SRL game, or to obtain any information from the Service or any Nexent SRL game using any method not expressly permitted by Nexent SRL.
Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any Nexent SRL game.
Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Nexent SRL reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Nexent SRL reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, Nexent SRL MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Nexent SRL SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND Nexent SRL IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Nexent SRL RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Nexent SRL reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Nexent SRL shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Nexent SRL game client, and the Nexent SRL game clients and server software) are owned by Nexent SRL. Nexent SRL reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Nexent SRL.
2.3. Virtual Items
Nexent SRL owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Nexent SRL games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Nexent SRL game, whether earned in a game or purchased from Nexent SRL, or any other attributes associated with an Account or stored on the Service.
3. User Content
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Nexent SRL game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Nexent SRL in accordance with its Privacy Policy.
3.1.1. Content Screening
Nexent SRL assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
Nexent SRL reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time Nexent SRL chooses, in its sole discretion, to monitor the Service, Nexent SRL nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Nexent SRL cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Service. Nexent SRL shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Nexent SRL may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Nexent SRL violates these Terms of Service.
3.2.3. Your License to Nexent SRL
You hereby grant to Nexent SRL an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Nexent SRL the right to authorize others to exercise any of the rights granted to Nexent SRL under these Terms of Service. You further hereby grant to Nexent SRL the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Nexent SRL does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Nexent SRL has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Nexent SRL games. Nexent SRL reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Nexent SRL to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Nexent SRL access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. Fees and Purchase Terms
4.1.Purchases
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to virtual cash or diamonds, all for use in Nexent SRL games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.
Nexent SRL may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Nexent SRL shall have no liability to you or any third party in the event that Nexent SRL exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Nexent SRL, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Nexent SRL games is a service provided by Nexent SRL that commences immediately upon acceptance by Nexent SRL of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Nexent SRL may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT Nexent SRL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. Nexent SRL may require that you accept updates to the Service and to Nexent SRL's games you have installed on your device or computer. You acknowledge and agree that Nexent SRL may update the Service and Nexent SRL games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Nexent SRL games.
6. Disclaimer of Warranties
WITHOUT LIMITING Nexent SRL'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Nexent SRL DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Nexent SRL SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Nexent SRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, Nexent SRL SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO Nexent SRL IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO Nexent SRL DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND Nexent SRL'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH Nexent SRL IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Nexent SRL OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF Nexent SRL.
You agree to indemnify, defend and hold Nexent SRL (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. Dispute Resolution and Law
If a dispute arises between you and Nexent SRL, we strongly encourage you to first contact us directly to seek a resolution. If you are a resident outside of Italy you agree that all disputes between you and Nexent SRL shall be governed by the laws of Italy, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Nexent SRL must be resolved exclusively by a court located in Italy.
9. Severability
You and Nexent SRL agree that if any portion of these Terms of Service or of the Nexent SRL Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
10. General Provisions
10.1. Assignment
Nexent SRL may assign or delegate these Terms of Service and/or the Nexent SRL Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Nexent SRL's prior written consent, and any unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
Nexent SRL may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Nexent SRL Privacy Policy), contain the entire understanding of you and Nexent SRL, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
10.4. No Waiver
The failure of Nexent SRL to require or enforce strict performance by you of any provision of these Terms of Service or the Nexent SRL Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Nexent SRL's right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by Nexent SRL of any provision, condition, or requirement of these Terms of Service or the Nexent SRL Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Nexent SRL shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by yourself and a duly appointed officer of Nexent SRL.
10.5. Notices
We may notify you via postings on https://www.Nexent.io, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Nexent SRL Privacy Policy shall be in writing and addressed to: Nexent SRL Via Ciovassino 1/A, 20121, Milan, Italy. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Nexent SRL are of a unique and irreplaceable nature, the loss of which shall irreparably harm Nexent SRL and which cannot be replaced by monetary damages alone so that Nexent SRL shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Nexent SRL game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.7. Force Majeure
Nexent SRL shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Nexent SRL, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Nexent SRL's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
PRIVACY POLICY
Thank you for playing our games! This Privacy Policy describes:
The ways we collect personal data about you and why we do so
How we use your personal data, and
The choices you have about your personal data.
This Privacy Policy applies to Nexent SRL's games, websites and related services, which we here collectively call the Service. We may periodically update this Privacy Policy by posting a new version on https://www.Nexent.io/privacy.html. If we make any material changes, we will notify you by updating our Service, requesting you, where doable, to review the updated information. Your continued use of the Service after the effective date will be subject to the new Privacy Policy.
CONTACT US
If you have questions about data protection, or if you have any requests for resolving issues with your personal data, we encourage you to primarily contact us through the game so we can reply to you more quickly.
Name of the controller: Nexent SRL
Address: Via Ciovassino 1/A, 20121, Milan, Italy
email: info@nexent.io subject: "Privacy policy question"
THE DATA WE COLLECT
Data you provide us.
Your messages to the Service (such as chat logs and player support tickets)
Other data you choose to give us (such as data to identify a lost account)
Data we collect automatically.
Data about your account, player ID from your device game services platforms and game progress
Your IP address and mobile device identifiers (such as your device ID, advertising ID, MAC address, IMEI)
Data about your device, such as device name and operating system, browser type and language
Data we collect with cookies and similar technologies (see more below)
General location data (Third-parties integration might request this information)
Precise geo-location data (GPS, with your consent)
Data about your use of the Service, such as gameplay data and, in case of multiplayer games, your interactions with other players inside the Service
In most cases, we also create a specific ID for you when you use the Service.
Data we collect from our partners.
Data we receive if you link a third party tool with the Service (such as Facebook, WeChat or Google)
Demographic data (such as to determine the coarse location of your IP address)
Data to fight fraud (such as refund abuse in games or click fraud in advertising)
Data from platforms that the games run on (such as to verify payment)
Data for advertising and analytics purposes, so we can provide you a better Service (with your consent)
WHY DO WE COLLECT YOUR DATA
To make the Service work.
To perform the contract, we process data necessary to
Create accounts and allow you to play our games and use our Service
Operate the Service
Verify and confirm payments
Provide and deliver products and services you request
Send you Service-related communications
To make the Service more suitable for our players.
To provide a great Service to our players, we have a legitimate interest to collect and process necessary data to
Update and develop player profiles
Develop and improve the Service and player experience
Manage our relationship with you
Provide social features as part of the Service
Customize your Service experience
Respond to your comments and questions and provide player support
Provide Nexent SRL offers in the Service as well as in other websites and services, and by email
Send you related information, such as updates, security alerts, and support messages
Enable you to communicate with other players (in case of multiplayer game)
To show personalized advertisements.
To show you personalized advertisements in the Service as well as in other websites and services (including email) we have a legitimate interest to process necessary data to
Track the content you access in connection with the Service and your online behavior
Deliver, target and improve our advertising and the Service
For information on how to opt-out from personalized advertisements, see section 'Your rights and options' below.
To keep the Service safe and fair.
Ensuring a level playing field in the Service is a top priority for us. For more information on our acceptable use policy, see the Nexent SRL Terms of Service.
In order to keep the Service and its social features safe and fair, to fight fraud and ensure acceptable use otherwise, we have a legitimate interest to process necessary data to
Analyze and monitor use of the Service and its social features
Moderate chats either automatically or manually
Take action against fraudulent or misbehaving players
To analyze, profile, and segment.
In all of the above cases and purposes, we may analyze, profile and segment all collected data.
With your consent.
With your consent, we may process your data for additional purposes, such as using your GPS location to show you local events.
WHO CAN SEE YOUR DATA
Apart from Nexent SRL, your data can be accessed by others in the following situations:
OTHER PLAYERS AND USERS.
Other players and users may, for example, see your profile data, in-game activities and read the messages you have posted.
PARTNERS WORKING FOR Nexent SRL
Nexent SRL has partners to perform services for us. These partners process your data only at and according to Nexent SRL´s instructions to provide the Service, such as hosting, player support, advertising, analytics and fraud prevention.
Other companies and public authorities.
In order to combat fraud and illegal activity, we may exchange data with other companies and organizations and provide it to public authorities in response to lawful requests.
We may also disclose your data based on your consent, to comply with the law or to protect the rights, property or safety of us, our players or others.
Advertising and Social Media partners.
The Service includes features from our partners, such as social media interaction tools and in-game advertising. A list of these partners is available in the next section "LIST OF THIRD PARTIES SERVICES". These partners may access your data and operate under their own privacy policies. We encourage you to check their privacy policies to learn more about their data processing practices.
LIST OF THIRD PARTIES SERVICES
This list report the third parties services that our Service uses in direct or indirect ways. Please refer to their privacy policy for any question about their tools or data usage. Write to us if you have any question about how these services are integrated with our Service.
Unity Ads (Unity Technologies ApS)
Unity Ads is an advertising service provided by Unity Technologies ApS.
Personal Data processed: Tracker, Usage Data
Place of processing: Denmark – Link:Privacy Policy
Unity Analytics (Unity Technologies ApS)
Unity Analytics is an analytics service provided by Unity Technologies ApS.
Personal Data processed: Usage Data; various types of Data as specified in the privacy policy of the service.
Place of processing: Denmark – Link:Privacy Policy
Payment system (In App product purchases) Google Play Store (Google Ireland Limited)
The Service uses a payment service provided by Google Ireland Limited that allows the Owner to offer the purchase of the app itself or in-app purchases.
Personal Data processed to complete the purchases are processed by Google, as described in the privacy policy for the Google Play store.
Personal Data processed: device information; email address; payment info; Usage Data.
Place of processing: Ireland – Link:Privacy Policy
Payments processed via the Apple App Store (Apple Inc.)
The Service uses a payment service provided by Apple Inc. that allows the Owner to offer the purchase of the app itself or in-app purchases.
Personal Data processed to complete the purchases are processed by Apple, as described in the privacy policy for the App Store.
Personal Data processed: device information; Usage Data.
Place of processing: United States – Link:Privacy Policy
Firebase Notifications (Google Ireland Limited)
Firebase Notifications is a message sending service provided by Google Ireland Limited. Firebase Notifications can be integrated with Firebase Analytics to target analytics-based audiences and track opening and conversion events.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – Link:Privacy Policy
Heroku (Salesforce, Inc)
Heroku is a hosting and backend service provided by Salesforce, Inc.
Personal Data processed: various types of Data as specified in the privacy policy of the service.
Place of processing: Ireland – Link:Privacy Policy
INTERNATIONAL DATA TRANSFERS
Our Service is global by nature and your data can therefore be transferred to anywhere in the world. Because different countries may have different data protection laws than your own country, we take steps to ensure adequate safeguards are in place to protect your data as explained in this Policy.
YOUR RIGHTS AND OPTIONS
Opt-out of marketing emails and other direct marketing.
You may opt-out of receiving promotional communications, such as marketing emails from us by following the instructions in such communications.
Opt-out of targeted advertising.
You can opt-out of interest-based advertising on mobile applications by checking the privacy settings of your Android or iOS device and selecting "limit ad tracking" (Apple iOS) or "opt-out of interest based ads" (Android).
For personalized in-game offers opt-out, you can use the options provided in the game settings.
Access the personal data we hold about you.
If you request, we will provide you a copy of your personal data in an electronic format.
Your other rights.
You also have the right to correct your data, have your data deleted, object how we use or share your data, and restrict how we use or share your data. You can always withdraw your consent, for example by turning off GPS location sharing in your mobile device settings.
We will respond to all requests within a reasonable timeframe. If you have an unresolved privacy or data use concern please contact us at info@nexent.io
COOKIES AND SIMILAR TECHNOLOGIES
Like most online services, we and our partners use cookies and similar technologies to provide and personalize the Service, analyse use, target advertisements and prevent fraud. You can disable cookies in your browser settings, but some parts of the Service may then not function properly.
HOW DO WE PROTECT YOUR DATA
Security Safeguards.
In order to help ensure a secure and safe player experience, we are continuously developing and implementing administrative and technical security measures to protect your data from unauthorized access or against loss, misuse or alteration.
Data retention.
We retain your data for as long as your account is active or as needed to provide you the Service. Note that if you ask us to remove your personal data, we will retain your data as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.
AGE LIMITS
We do not knowingly collect or solicit personal data about or direct or target interest based advertising to anyone under the age of 13 or knowingly allow such persons to use our Services. If you are under 13, please do not send any data about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal data. If we learn that we have collected personal data about a child under age 13, we will delete that data as quickly as possible. If you believe that we might have any data from or about a child under the age of 13, please contact us.