Nuclear Cyborg
Corp
Terms of Use
Effective: February 11, 2025
Please also consider and review
Nuclear
Cyborg Corp’s Privacy Policy at https://nuclearcyborg.com/privacy.
You should
carefully read the following Terms of Service Agreement (“Agreement” or
“Terms of Service”) before using any website, service, or software
product (such as mobile games and apps) (collectively the “Services”) of
Nuclear Cyborg Corp (“Company”, “Nuclear Cyborg”, “NCC”, “Our”,
“Us”, or “We”).
1. TERMS AND
BINDING EFFECT
This is a
legally binding Agreement. By using the Services of Nuclear Cyborg Corp, you
hereby agree to abide by these Terms of Service, as they may be amended by
Company from time to time in its sole discretion and without any notification
to you. Company will post the updated Terms of Service in the Service any time
these Terms of Service have been changed or amended. It is your responsibility
to review and follow these Terms of Service periodically, and if at any time
you find these Terms of Service unacceptable, you must immediately leave the Service
and cease all use of the Services. This Agreement constitutes the entire and
only agreement between Us and You relating to the
subject matter of this Agreement and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the Services,
the content, products or services provided by or through the Services.
If you breach
these Terms of Use, we may take action against you,
including but not limited to terminating your account in Services.
2. PRIVACY
Use of our
Services requires that you consent to our Privacy Policy. Please refer to our Privacy Policy to
help you understand what information we process and how we use it and what
choices you have when you use our Services.
Our Privacy Policy is available within most of our Services, and at https://nuclearcyborg.com/privacy.
3. AGE OF
USERS
You must be at
least 13 years of age (or such other minimum age as is applicable in your
country of residence) to create an Account. If You are between 13 and 18 (or
the age of majority where You live), You and your parent or guardian must
review this Agreement together. Parents and guardians are responsible for
the acts of children under 18 years of age when using our Services. We
recommend that parents and guardians familiarize themselves with parental
controls on devices they provide their child.
We may allow a
minor under 13 to register for certain Services with parental approval. The
parent/legal guardian may be asked to provide additional documentation or
perform additional actions as part of the approval process as consistent with
applicable law We reserve the right to refuse access to the Service
pending confirmation and activation by his/her parent or guardian. In
addition, We reserve the right to ask for written proof of parental consent for
any User or potential User of our Services we suspect is a minor.
TO THE EXTENT
PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT WE DISCLAIM ALL
LIABILITY AND RESPONSIBILITY REGARDING ANY ACTIVITIES WHICH MAY BE CONDUCTED BY
MINORS WITHOUT THE PERMISSION OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU ARE A
PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER
FOR ONE OR MORE OF OUR SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE
OF SUCH SERVICES BY YOUR CHILD. FURTHER, YOU AGREE TO MONITOR ALL ACTIVITY OF THE
MINOR AND ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL OF THEIR ACTIONS.
Pursuant to 47
U.S.C. Section 230 (d) as amended, we hereby notify You that parental control
protections (such as computer hardware, software, or filtering services) are
commercially available that may assist You in limiting access to material that
is harmful to minors. Information identifying current providers of such
protection is available at www.staysafe.org.
4. RULES OF
CONDUCT
We want to offer You and other Users a
welcoming, safe and respectful gaming environment,
both during gameplay and at any time in our Services. For You and other Users
to feel part of such a friendly, safe and fair community, You
agree that you will not (the “Rules of Conduct”):
·
Abuse, harass or bully other Users or NUCLEAR CYBORG CORP
representatives via verbal or written communications. This includes but is not
limited to trolling, flaming, spamming, or using language or content We deem
illegal, dangerous, threatening, abusive, offensive, obscene, vulgar, defamatory,
or hateful.
·
Buy, sell, trade, or transfer your Account to anyone
·
Bypass regional restrictions with the help of a proxy, VPN and
other tools
·
Engage in any activity, such as cheating, hacking, botting,
boosting, or tampering that gives the Account owner (and/or his/her teammate(s))
an unfair advantage or causes detriment to other players’ experience
·
Take any inappropriate actions toward a Minor. This includes,
but is not limited to, comments, private messages or UGC containing or relating
to inappropriate behavior, including physical abuse, sexual abuse, and/or
pornography
·
Execute DDoS (Distributed Denial-of-Service) attacks utilizing
multiple compromised computer systems to disrupt normal traffic of a NUCLEAR
CYBORG CORP server, service, or network
·
Exploit of any new or known glitches/bugs which provide an
unfair advantage over other players
·
Provide false Registration Information, creating an account with
false information (name, email address, date of birth, etc.).
·
Commit fraud, reversal of credit card charges or "chargeback" resulting
in debt. A chargeback can include credit card theft, identity theft, or
non-approved use by family or friends
·
Grief or inappropriately use the help services or reporting
functions
·
Groom or encourage other users to commit inappropriate or illegal
acts in-game or the real world
·
Impersonate any other player or NUCLEAR CYBORG CORP
representative or reveal any personal information of another player or NUCLEAR
CYBORG CORP representative
·
Record any other player or NUCLEAR CYBORG CORP representative without
his or her consent
·
Create an inappropriate Username or avatar. This includes but is
not limited to the use of names containing profanity, sexual references or hate
speech language. You may also not use a name containing “Ubi” or “Nuclear
Cyborg Corp” or anything related to political figures
·
Violate any rules propagated by us with respect to Virtual
Currency or Points systems (as defined below)
·
Engage in any conduct which interrupts the general flow of
gameplay in the game client, forum, or any other NUCLEAR CYBORG CORP medium
·
Refuse to obey the instructions of any NUCLEAR CYBORG CORP
representatives.
In the event of a violation of the Rules
of Conduct, disciplinary action may be taken. Actual disciplinary action is
dependent upon the severity and/or number of instances of the offenses and
shall be decided at our discretion, on a case-by-case basis. We may issue
a warning, suspend or close your Account temporarily
or permanently, enact a hardware ID ban, reset Your in-game progress to a
previous state and/or suspend or close your ability to use one or more
Services, or part of our Services, at any time based on prohibited conduct.
Please note that the above list gives examples of forbidden conduct that may
lead to investigation by our staff and/or disciplinary actions that may be
taken. Neither the conduct nor the disciplinary actions should not be
considered exhaustive.
5. MONITORING
OF SERVICES BY NUCLEAR CYBORG CORP
We are not responsible for and do not
endorse the opinions, advice and/or recommendations displayed or sent by Users
on our Services, including on any public forum and decline any responsibility
in this regard. Subject to applicable law, We do not undertake to monitor or
remove the content, messages and other information made available on our
Services by Users. We nevertheless reserve the right, without this constituting
an obligation, to review such content ,including without limitation the ability
to contact You to confirm that You are the owner of the elements (text, words,
images, sounds, videos, etc.) posted, and/or to remove any such content
at its discretion, including without limitation, refusing any Username, avatar,
screen name and/or password You have chosen. We further reserve the right
to define additional rules of conduct and to place limits on the use of our
Services.
6. PAYMENT
OBLIGATIONS
6.1 VIRTUAL
ITEMS
You may
purchase with “real world” money a limited, non-transferable,
non-sub-licensable, revocable virtual currencies, including but not limited to
virtual cash, in-game coins, and all other kinds of in-game monies, all for use
in the games; (a) virtual in-game items (virtual currency and virtual in-game
items referred to collectively as “Virtual Items”); and (b) other goods
or services within the Services for your personal and non-commercial
entertainment. You are only allowed to purchase Virtual Items from authorized
partners of Nuclear Cyborg Corp, not in any other way.
All rights,
title and interest in and to the Services (including without limitation any
games, applications, titles, computer code, themes, objects, characters, names,
dialogue, catch phrases, concepts, artwork, animations, sounds, musical
compositions, audio-visual effects, moral rights, documentation, in-game chat
transcripts and server software) are owned by or licensed to Nuclear Cyborg
Corp, subject to copyright and other intellectual property rights under
applicable laws and international conventions. You understand that Nuclear
Cyborg Corp has the absolute right to manage, regulate, control, modify or
eliminate Virtual Items and may revoke your access to them at any time and for
any reason, with or without notice. Nuclear Cyborg Corp shall have no liability
to you or any third party in the event that Nuclear
Cyborg Corp exercises any such rights. You have no claim, right, title,
proprietary or ownership interest in any of the Virtual Items regardless of any
consideration paid for those virtual items.
Except when
explicitly authorized by Nuclear Cyborg Corp, (i) transfers of Virtual Items to
other users are strictly prohibited; (ii) outside of the Services, you may not
buy or sell any Virtual Items for “real world” money or otherwise exchange
items for value; and (iii) Nuclear Cyborg Corp does not recognize any such
purported transfers of Virtual Items or the purported sale, gift or trade in
the “real world” of anything that appears in the Services. Any attempt to do
any of the foregoing is in violation of these Terms of Services and will result
in an automatic termination of your rights to use the Virtual Items and may
result in termination of your account. All Virtual Items are forfeited if your
account is terminated or suspended for any reason, or if Nuclear Cyborg Corp
discontinues providing the Services.
You agree that
you will not assert or bring any claim against Nuclear Cyborg Corp, its
affiliates, directors, officers, employees, agents, service providers or
licensors relating to (i) a claim that you own any Virtual Items; or (ii) a
claim for an alleged monetary value of Virtual Items lost upon deletion or
suspension of your account or modification, termination, or expiration of these
terms.
Company either
owns or has an exclusive license to all of the content
in the mobile applications of Nuclear Cyborg Corp. Therefore no one other than
Company has any right whatsoever to sell any game and mobile application of Nuclear
Cyborg Corp content in any manner. In addition, you may not sell in-game items
for real money or exchange virtual currency items outside of any game and
mobile application of Nuclear Cyborg Corp.
YOU
ACKNOWLEDGE THAT YOU HAVE NO PROPERTY RIGHTS WHATSOEVER IN VIRTUAL CURRENCY
ITEMS. You further acknowledge that you may not use Nuclear Cyborg Corp virtual
currency for any purpose outside the games and mobile application of Nuclear
Cyborg Corp.
6.2 FEES,
REFUNDS AND RETURN POLICY
All sales
through the Service are final. You acknowledge and agree that any applicable
fees and other charges (including, without limitation, virtual items) are not
refundable in whole or in part. You are fully liable for all charges to your
account, including but not limited to any unauthorized charges. Nuclear Cyborg
Corp does not issue any refunds or offer any exchanges of any products
purchased on or through the Services.
IN ADDITION TO
THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER
APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE
COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE
TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER
SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Nuclear Cyborg
Corp may, at any time, amend the pricing, availability, specifications,
content, descriptions or features of the game and mobile application or any
products sold through the Services. The inclusion of any products through the
Services at a particular time does not imply or warrant that these products
will be available at any other time. All such changes will be effective
immediately upon posting of such new product prices to the Services.
7. PROHIBITED
USES
Company
imposes certain restrictions on your permissible use of the Site and the
Service. You are prohibited from violating or attempting to violate any
security features of the Site or Service, including, without limitation,
(a) accessing content or data not intended for you, or logging onto
a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the
Service, the Site, or any associated system or network, or to breach security
or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user,
host, or network, including, without limitation, by means of submitting a virus
to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or
“crashing;”
(d) using the Service to send unsolicited e-mail, including, without
limitation, promotions, or advertisements for products or services;
(e) forging any packet header or any part of the header information
in any e-mail or in any posting using the Service;
(f) attempting to modify, reverse-engineer, decompile, disassemble,
or otherwise reduce or attempt to reduce to a human-perceivable form any of the
source code used by Company in providing the Service.
Any violation
of system or network security may subject you to civil and/or criminal
liability.
Additionally,
only Nuclear Cyborg Corp or its licensees have the right to host the games and
mobile application of Nuclear Cyborg Corp. Accordingly, you may not host,
provide matchmaking services for, or intercept, emulate, or redirect the
communication protocols used by Nuclear Cyborg Corp as part of any game or
mobile application of Nuclear Cyborg Corp, regardless of the method used to do
so. Such prohibited methods may include, but are not limited to protocol
emulation, reverse engineering, modifying the games of Nuclear Cyborg Corp,
adding components to the games of Nuclear Cyborg Corp, or using a utility
program to host the games of Nuclear Cyborg Corp. Also, the use of any
"user interface" for Company games other than the user interface that
the Company provides for any particular Company game
is prohibited by the Company.
Furthermore,
you agree that you will not (1) modify or cause to be modified any files that
are a part of game of Nuclear Cyborg Corp; (2) create or use cheats,
“mods”, and/or hacks, or any other third-party software designed to modify the
experience of games of Nuclear Cyborg Corp; (3) use any third-party software
that intercepts, “mines”, or otherwise collects information from or through a
game of Nuclear Cyborg Corp.
8. USE OF
SOFTWARE
8.1 USER
CONTENT
When accessing
the Site or using the Service, you agree to obey the local law, general
principles of law and to respect the intellectual property rights of others.
Your use of the Service and the Site is at all times governed by and subject to
laws regarding copyright ownership and use of intellectual property. You agree
not to upload, download, display, perform, transmit, or otherwise distribute
any information or content (collectively, “Content”) in violation of any third
party’s copyrights, trademarks, or other intellectual property or proprietary
rights. You agree to abide by laws regarding copyright ownership and use of
intellectual property, and you shall be solely responsible for any violations
of any relevant laws and for any infringements of third-party rights caused by
any Content you provide or transmit, or that is provided or transmitted using
your User ID. The burden of proving that any Content does not violate any laws
or third-party rights rests solely with you. Additionally, if you become aware
of or reasonably suspect any infringement of the copyrights or trademarks or
Company or any third parties, occurring on any Company Site, you will
immediately notify Company to report such infringement. You agree not to
upload, download, display, perform, transmit, or otherwise distribute any
Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or
threatening; or (b) violates any applicable local, state, national, or foreign
law or regulation under chat sessions. Company reserves the right to terminate
your receipt, transmission, or other distribution of any such material using
the Service, and, if applicable, to delete any such material from its servers.
Company intends to cooperate fully with any law enforcement officials or
agencies in the investigation of any violation of these Terms of Service or of
any applicable laws.
8.2 LIMITED
LICENSE TO USE THE SERVICES
Subject to
your agreement and continuing compliance with these Terms of Service and any
other relevant Nuclear Cyborg Corp policies, Nuclear Cyborg Corp 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 as Services
are provided to you for your personal and non-commercial use only.
The following
restrictions apply to the use of the service:
(a) You shall not (or attempt to) purchase, sell, rent or give away
your account and you shall use your account only for non-commercial purposes,
you shall not create an account using a false identity or information, or on
behalf of someone other than yourself;
(b) You shall not use the Service if you have previously been
removed by Nuclear Cyborg Corp, or previously been banned from playing any Nuclear
Cyborg Corp game.
8.3 SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
WITHOUT
LIMITING ANY OTHER REMEDIES, NUCLEAR CYBORG CORP MAY LIMIT, SUSPEND, TERMINATE,
MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU
ARE, OR NUCLEAR CYBORG CORP 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.
WITHOUT
LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND
USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR MOBILE APPLICATION,
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.
9. INTELLECTUAL
PROPERTY RIGHTS
You acknowledge
that all materials on or in our Services, including the Services' texts,
design, graphics, music, characters, names, themes, objects, scenery, costumes,
effects, dialogues, slogans, places, characters, diagrams, concepts,
choreographies, videos, sounds, pictures, audio-visual effects, domain names,
and the selection and arrangement thereof (collectively, "Materials")
are the property of us or our licensors, and are subject to and protected by
United States and international copyright and other intellectual property laws
and rights. You will not obtain any ownership interest in the Materials
or our Services through these Terms or otherwise. All rights to Materials
not expressly granted in these Terms are reserved to their respective copyright
owners. Except as expressly authorized by these Terms or on our Services,
You may not copy, reproduce, distribute, republish, download, perform, display,
post, transmit, exploit, create derivative works or otherwise use any of the
Materials in any form or by any means, without the prior written authorization
of us or the respective copyright owner, which may be granted at its sole
discretion.
The trademarks,
services marks, trade names, trade dress, logos, page headers, custom graphics,
button icons and scripts (collectively, "Marks") contained or
described on our Services and any Marks associated with any products available
on our Services) are the sole property of Nuclear Cyborg Corp and/or our
licensors and may not be copied, imitated or otherwise used, in whole or in
part, without the prior written authorization of us and/or our licensors.
We will enforce our intellectual property rights to the fullest extent under applicable
laws.
We make no representations
that our Services, or the Materials or products described or offered on our
Services are appropriate or available for use in jurisdictions outside the
United States, or that these Terms comply with the laws of any other
country. If You use our Services and reside outside the United States,
You do so at your own risk and are responsible for compliance with all laws, if
and to the extent local laws are applicable. You agree that You will not
access our Services from any territory where its contents are illegal. You may
not use or export or re-export any content downloaded from our Services or any
copy or adaptation of such content, in violation of any applicable laws or
regulations, including without limitation United States export laws and regulations.
10. HEALTH AND
SAFETY
We advise You to
take the following precautions in all cases when using a video game. Avoid
playing if You are tired and/or short of sleep. Make sure that You play in a well-lit
room and moderate the brightness of your screen. When You play a video game requiring
connection to a screen, play at a good distance from the screen and as far away
as the connection lead allows. While using the game, take breaks of 10 to 15
minutes every hour.
Epilepsy warning: In addition, some individuals may
have epileptic seizures including, in certain cases, with loss of
consciousness, particularly when exposed to strong luminous stimulations (rapid
succession of images or repetition of simple geometrical figures, flashes or
exposures). Such individuals are exposed to risks of seizures when they play
certain video games containing such luminous stimulations; consult your doctor
before any use. Parents must also pay particularly close attention to their
children when they play video games. If You or your child present one of the
following symptoms: dizziness, vision problems, contraction of the eyes or
muscles, disorientation, involuntary movement or convulsions or momentary loss
of consciousness, You should immediately stop playing and consult a doctor.
11. NO
WARRANTIES
COMPANY HEREBY
DISCLAIMS ALL WARRANTIES. THE SERVICE AND INFORMATION FROM OR THROUGH THE SITE
ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY
LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY
DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR
THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE.
12. LIMITATION
OF LIABILITY
TO THE MAXIMUM
EXTENT PERMITTED BY LAW, NUCLEAR CYBORG CORP 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 NUCLEAR CYBORG CORP HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, NUCLEAR CYBORG SHALL NOT BE
LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU PAID TO US FOR THE PURCHASES OF OUR
SERVICES.
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 NUCLEAR CYBORG CORP.
13.
INDEMNIFICATION
If We ask You to do so,
You shall defend and guarantee Nuclear Cyborg Corp, its licensors, owners,
directors, subcontractors and other content suppliers against all liabilities,
claims and damages and all costs, including lawyers' fees, following and/or
resulting from a violation of these Terms for which You are responsible or more
generally, your use of our Services or behavior on the Services or any activity
by your account by You or any other person. Without limiting the generality of
the foregoing, You shall defend Nuclear Cyborg Corp and hold it harmless in the
event of inappropriate or illegal use of your Account, including in the event
of illegal or inappropriate use by someone You have authorized to use your
Account. You agree to be held personally responsible for your use of our
Services and for all your communications and activities on our Services.
We reserve the right, at our own expense, to take sole responsibility for
conducting the defense in and controlling any other cases for which You are
normally obliged to defend it. If it does so, You will no longer have any
obligation to defend us concerning the case in question. The provisions of this
Section remain valid and in force after termination of these Terms or of your
Account, subject to applicable law.
14. FORUMS AND
COMMUNICATIONS
"Forum"
means a one-to-one chat area, message board, instant messaging, mobile
messaging with other mobile game and mobile application users or e-mail
function (including, but not limited to, electronic greeting cards) offered as
part of any Services. If you participate in any Forum within the Services, you
agree to follow our terms set forth below.
You
acknowledge that anything you submit under the Services by way of any Forum is
routed through Company’s servers. Please keep in mind that whenever you give
out personal information online, for example, via message boards or chat, that
information can be collected and used by people you don't know. We are not able
to guarantee the security of any information you disclose online; you make such
disclosures at your own risk.
15. DISPUTES
AND GOVERNING LAW
If a dispute
arises between you and Nuclear Cyborg Corp, Nuclear Cyborg Corp strongly
encourages you to first contact Nuclear Cyborg Corp directly to seek a
resolution by opening a help ticket directly in-game via the help section or
contact us at [email protected]. The formation, construction and interpretation
of these Terms shall in all respects be governed by and construed in accordance
with the laws of the United States and the State of Minnesota and the county of
Hennepin, without giving effect to any principles of conflicts of laws.
16.
SEVERABILITY
The holding of
any provision of this Agreement to be invalid or unenforceable by a court of
competent jurisdiction shall not affect any other provision of this Agreement,
which shall remain in full force and effect. If any provision of this Agreement
shall be declared by a court of competent jurisdiction to be invalid, illegal
or incapable of being enforced in whole or in part, such provision shall be
interpreted so as to remain enforceable to the maximum extent permissible
consistent with applicable law and the remaining conditions and provisions or portions
thereof shall nevertheless remain in full force and effect and enforceable to
the extent they are valid, legal and enforceable, and no provisions shall be
deemed dependent upon any other covenant or provision unless so expressed
herein.
17. MODIFICATIONS
Company may,
in its sole discretion and without prior notice, (a) revise these Terms of
Service; (b) modify the Service; and (c) discontinue the Service at any time.
Company shall post any revision to these Terms of Service to the Service, and
the revision shall be effective immediately on such posting. You agree to
review these Terms of Service and other online policies posted on the Service
periodically to be aware of any revisions.
18. FORCE
MAJEURE
Nuclear Cyborg
Corp shall not be liable for any delay or failure to perform resulting from
causes outside the reasonable control of Nuclear Cyborg Corp, including without
limitation any failure to perform hereunder due to unforeseen circumstances or
cause beyond Nuclear Cyborg Corp’ control such as acts of God, war, terrorism,
riots, embargoes, acts of civil or military authorities, fire, floods,
accidents, strikes, government-declared emergencies, or shortages of
transportation facilities, fuel, pandemic, energy, labor or materials.
BY USING THE
SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF SERVICE AND AGREE TO BE BOUND BY THEM.