Blitzkrieg 3

Nutzungsbedingungen

NIVAL INTERNATIONAL LIMITED

TERMS OF SERVICE

Effective Date: July 1, 2016

AGREEMENT

NIVAL INTERNATIONAL LIMITED (“Nival”) operates games in multiple territories worldwide. Depending upon the services you choose and the platform concerned, you may enter into a relationship with our company.

These terms of agreement ("Terms of Service" or "Terms") (i) apply to Nival’s video games (PC Software) and related services (jointly hereinafter the "Services"), and (ii) govern the relationship between you and Nival. These Terms of Service include and incorporate certain other important policies and rules which include, without limitation, our Privacy Policy and Code of Conduct (which are referenced below).

If you are using our Services through a social network, platform or applications provider (“Third Party Service”) (e.g., Facebook, Steam, iTunes, Google Play, etc.), any activities provided by such third party beyond Nival’s Services are governed by that Third Party Service’s policies.

If at any point you do not agree to any portion of the then-current version of our Terms of Service or another policies of Nival, you must cease using the Services and your license to use the Services shall terminate.

PRIVACY

Nival respects the privacy of its users. Our Privacy Policy is incorporated into and is considered a material part of these Terms of Service. By accessing the Services, you acknowledge that you have carefully reviewed our Privacy Policy which is located at: http://en.nival.com/privacypolicy-us.

UPDATES

Nival reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on the Nival Services. You may also be given additional notice, such as an e-mail message or a notice which appears on the Services, of any changes. You will be deemed to have accepted such changes by continuing to access the Services. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. Nival may also revise other policies, codes or rules at any time, and the new versions will be available on www.nival.com or from within the applicable game.

LICENSE TO USE SERVICES AND PLAY OUR GAMES

Subject to compliance with these Terms of Service, Nival is granting you a non-exclusive, non-transferable, revocable limited license to access the Services and play our games for your own non-commercial entertainment purposes only. You agree not to use the Services for any other purpose. If you violate any of these Terms of Service, we reserve the right to terminate your license without notice.

ACCESS TO SERVICES

If you are using or have obtained access to the Services through a Third Party Service, you are required to have an account with that Third Party Service which is in good standing. You may also be required to have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving our products, including services or software. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Services.

MINORS; LEGAL GUARDIAN/PARENTAL CONSENT

You may not use our Services if you are under 16. By accessing and using the Services, you represent and warrant that you are at least 16 years old. If you are a minor over the age of 16, we recommend you seek consent from a parent or legal guardian before accessing the Services. If you will be purchasing Virtual Currency and/or Virtual Goods (defined below in Section 10) through Facebook Credits or other authorized means, Nival requires all users to be over the age of 18, or if you are under 18, you confirm that you have your legal guardian/parent’s permission and consent to incur any charges.

CODE OF CONDUCT

Your use of the Services is governed by certain rules (the "Code of Conduct"), maintained and enforced by Nival. It is your responsibility to know, understand and abide by this Code of Conduct. Any use of the Services in violation of the Code of Conduct is strictly prohibited, can result in the immediate revocation of your limited license to use the Services, and may subject you to liability for violations of law.

The following conduct and content is expressly prohibited on the Services and your account will be terminated for such unpermitted behavior or activity. Nival reserves the right to investigate and take appropriate legal action against anyone who, in Nival’s sole discretion, violates this provision.

Offensive and Illegal Content and Conduct:

You agree that you will not, under any circumstances, engage in conduct or post information on the Services which:

is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

harasses or advocates harassment of another person;

exploits people in a sexual or violent manner;

contains nudity, violence, or offensive subject matter or contains a link to an adult website; and/or

promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.

Collection and Publication of Personal Data; Improper Communications/Use of Services:

You agree that you will not, under any circumstances:

collect, harvest 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;

upload or transmit (or attempt to upload or to transmit), any material that acts as a passive or active information collection or transmission mechanism (e.g., web beacons or bugs, cookies or other similar devices or “spyware”); and/or

make improper use of Nival's support services or submit false reports of abuse or misconduct.

Violation of Laws and Policies:

You agree that you will not, under any circumstances:

violate the contractual, personal, intellectual property or other rights of any party;

engage in the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

further or promote any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

disseminate or promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to pirated work, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated games or links to any other illegal files;

disseminate, transmit, or permit the uploading of viruses, Trojan horses, keyboard loggers, time bombs, adware, spyware, or any other malicious or invasive code or program;

reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that Nival created to generate web pages or any software or other products or processes accessible through the Services;

use or launch any unauthorized script or other software, spider, robot (or "bot"), cheat utility, offline reader or other unauthorized system to access the Services (standard search engine technology is not considered to be unauthorized);

interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services or Content (defined under Section 9 below);

participate in any action that, in Nival's sole and absolute opinion, results or may result in an authorized user of the Services being defrauded out of Virtual Currency or Virtual Goods that the user has earned through authorized game play in the Services;

sell the Services or any part thereof, including but not limited, to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value;

engage in cheating or any other activity deemed by Nival to be in conflict with the spirit or intent of the Services; and/or

undertake any unpermitted commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

In all cases, prohibited activity includes, but is not limited to using the Nival Services in a manner inconsistent with any and all applicable laws and regulations.

INTELLECTUAL PROPERTY

Nival owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Nival further reserves all rights, on behalf of itself, as well as its affiliates, subsidiaries, or licensors including, without limitation, all intellectual property rights or other proprietary rights, in connection with the Services. You further agree that you have no right or title in or to any content that appears in the Service, including without limitation, all content, text, graphics, logos, buttons, icons, images, music, digital files, data and software provided through the Services.

"Content" includes software, technology, text, forum posts, chat posts, character profiles, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from the Services (including the design and appearance of the Services). Unless otherwise specified in writing, all Content, is owned by Nival or its affiliates, subsidiaries, licensors or suppliers. The definition of Content collectively includes user generated Content ("UGC") and Nival Content.

You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of your use of the Services, are the sole and exclusive property of Nival or its licensors. Nival may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Nival or any other third party.

Trademarks. Nival and other related trade names, graphics, logos, and service marks used on the site are the trademarks of Nival and its licensors and may not be used by you without our prior written permission.

Copyright. All Content is copyrighted under the Republic of Cyprus and European Union copyright laws and/or similar laws of other jurisdictions, protecting it from unauthorized use.

Infringement. If you are a copyright or trademark owner or an agent thereof and believe your protected work has been copied and posted on the Services in a way that constitutes infringement, you may submit a notification to our agent with the following information in writing:

Your registered copyright or trademark (including number and the country where your copyright or trademark is registered);

Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);

Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);

Your contact information so that we can contact you (for example, your address, telephone number, email address);

A statement that you have a good faith belief that the use of the material identified in sub-section ii above is not authorized by the copyright owner, its agent, or the law;

A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and

Your physical or electronic signature.

Please send this written notice to our designated agent as follows:

NIVAL INTERNATIONAL LIMITED

14 Panagioti Tsangari, 1st floor, 4047, Limassol, Cyprus

Registration No. HE 354994

legal@nival.com

UGC:
In all cases, you agree that such UGC is wholly original to you and you exclusively own the rights to such UGC, including the right to grant all of the rights and licenses in such UGC to Nival without Nival incurring any third party obligations or liability arising out of its exercise of the rights granted herein by you.

You further grant to Nival a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license (i) to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit in any manner whatsoever the UGC, or any portion thereof, on the Services as well as via any and all media now known or hereafter developed, and (ii) to advertise, market and promote the same. To the extent permitted by applicable laws, you hereby assign and/or waive any moral rights or rights of publicity or privacy you may have in such UGC. Further, you bear the entire risk of the completeness, accuracy and/or quality of your UGC found in the Games. If the Services on which you contribute UGC permits other users to access and use that UGC as part of the Services, then you also grant all other users of the relevant Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Services without further notice, attribution or compensation to you.

Nival reserves the right to monitor UGC in the Games, but cannot monitor or prescreen all of the UGC and does not attempt to do so. Nival has the right, but not the obligation, to edit, refuse to post, or remove any UGC posted in the Games that is deemed objectionable or violates these Terms or the spirit of these Terms, in our sole discretion and determination.

If a user finds that specific UGC may violate these Terms of Service, please bring it to our attention by contacting us. Nival does not assume any responsibility or liability for UGC that is generated by users of the Games.

Third Party Content:

You may not upload or post any Content on the Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates any third party's right of privacy or right of publicity. Nival may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of a third party.

If you are a repeat infringer of Nival's or a third party's intellectual property or other rights, Nival may terminate your account without notice to you. If your account is terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to all Virtual Goods, Virtual Currency and any other benefits of your account.

VIRTUAL CURRENCY AND VIRTUAL GOODS; REFUND POLICIES

The Services may include virtual, in-game currency ("Virtual Currency"), such as coins, cash, or points, that may be purchased with “real” money through transactions with one of our authorized payment vendors. In turn, Virtual Currency may be used to purchase virtual, in-game digital items or other in-game services ("Virtual Goods"). Nival does not handle Virtual Currency transactions directly. Third party payment providers handle all Virtual Currency transactions. By purchasing Virtual Currency to be used in the Services, you are bound by these third party payment providers’ Terms of Use.

Nival prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Nival in writing. You are therefore not permitted to trade, sell or attempt to sell in-game items or currency for "real" money, or exchange those items or currency for value of any kind outside of a game, without Nival’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.

Payment for Virtual Currency and Virtual Goods. Your order of Virtual Currency and/or Virtual Goods will represent an offer to us to purchase such items which will be accepted by us when we make the relevant Virtual Currency and/or Virtual Goods available in your account for you to use on our Services or debit your credit card, whichever comes first. Nival may revise the pricing for Virtual Currency and Virtual Goods offered through the Service at any time.

Virtual Currency Offered by Third Parties. Please be aware that if you purchase Facebook Credits, Google Play Credit, or make a purchase via Steam or other payment credit offered by the applicable Third Party Service, you are agreeing to that service’s payment terms and Nival is not a party to the transaction. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. You will also be subject to that Third Party Service’s refund policies.

Games Offered through Steam. We offer a generous refund policy to our users. You may request a refund of a game for any reason (i) within fourteen (14) days of purchase and (ii) so long as the game has been played for less than two hours and the downloadable content has not been consumed, modified or transferred.

European Union rules. If you reside in the European Union, by law you have the right to withdraw from a purchase within fourteen (14) days, commencing on the day when you receive your purchase (“cooling-off period”). If you have not used the Virtual Currency. Virtual Goods and/or game within the cooling-off period and you wish to obtain a refund, please immediately advise Nival (or the applicable Third Party Service) so that a refund can be issued within 30 days.

If your use of the Services or game purchase is subject to any type of use or sales tax, then Nival may also charge you for those taxes.

Illegal charges. If a user has incurred charges or fees as a result of bona fide identity theft, Nival will work with the user and the third party payment provider to achieve a refund for such charges or fees.

License to Virtual Currency or Virtual Goods. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Services, you have no right in or title to such Virtual Currency and Virtual Goods. Nival has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Nival shall have no liability to you or anyone for the exercise of such rights.

LINKS TO THIRD PARTY SITES; ADVERTISEMENTS

Nival may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving additional Services, Virtual Goods and/or Virtual Currency. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Nival makes no representation or warranty regarding any content, goods and/or services provided by any third party (even if linked from our Services), and will not be liable for any claim relating to any third party content, goods and/or services. Nival is not responsible for such third party content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

MEMBER DISPUTES; RELEASE

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 Nival games. Nival reserves the right, but has no obligation, to become involved in any way with these disputes. 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.

SERVICE UPDATES

You understand that the Service is an evolving one and Nival needs to perform updates from time to time. You acknowledge and agree that Nival may update the Services, with or without notifying you. You may need to update third party software from time to time in order to receive the Services.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIVAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE OR PROVIDED VIA NIVAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USING THE SERVICES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NIVAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER NIVAL NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATIONS; WAIVERS OF LIABILITY

NIVAL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF NIVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. NIVAL'S AGGREGATE MAXIMUM POTENTIAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL BE NO MORE THAN THE TOTAL AMOUNT PAID BY YOU TO NIVAL IN THE ONE HUNDRED EIGHTY DAYS (180) DAYS PRIOR TO THE CLAIM. MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify, save, and hold Nival, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Nival reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Nival, and you agree to cooperate with Nival’s defense of these claims. Nival will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your account or of the Service.

DISPUTE RESOLUTION

Before resorting to formal dispute resolution mechanisms, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support and seeking to resolve your issue within a thirty (30) day period. If this fails, additional informal discussions begin upon written notice from you or Nival. Nival will send its notice to the email address you have provided to us and may also provide a copy to a physical address if we have one on file. You will send your notice to Nival at: legal@nival.com. This Section 18 shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions of this Section, such provisions will not apply to you.

Exceptions to Informal Discussions and Arbitration. You and Nival agree that the following disputes are not subject to the provisions concerning informal discussions and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.

Arbitration:

If you are unable to resolve a dispute through informal discussions, either you or Nival may elect to have the dispute (except those disputes expressly excluded below) finally and exclusively resolved by final binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL.

The arbitration shall be performed under the Arbitration Rules of the Industrial Disputes Tribunal of Nicosia, Republic of Cyprus. Your arbitration fees and your share of arbitrator compensation shall be governed by these rules.

Venue. Any arbitration will take place in Limassol, the Republic of Cyprus. Either party may appear via digital or telephonic means if a personal appearance is not reasonably feasible.

European Economic Area and Switzerland:

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Cyprus and shall be considered to have been made and accepted in the Republic of Cyprus, without regard to conflict of law provisions.

Disputes relating to the Services shall be subject to the exclusive jurisdiction of the Industrial Disputes Tribunal of Nicosia, Republic of Cyprus and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.

Disputes involving a claim of €5,000 or less relating to the Services which you have been unable to resolve using informal dispute resolution methods must be resolved exclusively through binding arbitration administered by the International Centre for Dispute Resolution before one (1) arbitrator in accordance with its International Arbitration Rules. Any arbitration will take place in Limassol. Either party may appear via digital or telephonic means if a personal appearance is not reasonably feasible.

Each party hereby waives any claim that the foregoing venue is improper or inconvenient.

Further, you and Nival agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted in English or in a language mutually agreed by the parties; (b) the arbitration shall take place in a timely manner; (c) discovery shall be limited and pre-hearing information exchange shall be limited to the reasonable production of relevant documents; (d) the arbitration award shall be rendered within six (6) months of the commencement of the arbitration, unless such time limit is extended by the arbitrator; and (e) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

GENERAL PROVISIONS

Assignment. Nival may assign or delegate these Terms of Service and/or the Nival 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 Nival’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

Severability. You and Nival agree that if any portion of these Terms of Service or of the Nival 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.

Supplemental Policies. Nival may publish additional policies related to specific services such as forums, promotions, contests or loyalty programs. For example, before participating in our game forums, you should read and must abide by the Forum Rules applicable to the Service’s community. Your right to use such services is subject to those specific policies and these Terms of Service.

Language. These Terms of Service and all related documents are written and shall be interpreted in the English language.

Notices. We may notify you via postings on www.nival.com, and via e-mail or any other communications means to contact information you provide to us. All formal legal notices given by you or required from you under these Terms of Service or the Nival Privacy Policy shall be in writing and delivered to Nival at the following addresses:

Equitable Remedies Available to Nival. You acknowledge that the rights granted and obligations made under these Terms of Service to Nival are of a unique and irreplaceable nature, the loss of which shall irreparably harm Nival and which cannot be replaced by monetary damages alone so that Nival 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.

Your Waiver of Injunctive or Equitable Relief. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Nival 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 (if any), limited by Section 16.

Survival of Provisions. Sections and provisions which by their nature survive expiration or termination of the Terms of Service, including without limitation liability and warranty disclaimers and limitations, shall survive expiration or termination.

Entire Agreement. These Terms of Service, any other policies and any documents expressly incorporated by reference herein (including the Nival Privacy Policy and Code of Conduct), contain the entire understanding of you and Nival, 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. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Nival shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Nival.

Datenschutzrichtlinie

NIVAL INTERNATIONAL LIMITED

PRIVACY POLICY

These Privacy Policy (i) apply to Nival’s online games and related services (the "Services"), and (ii) govern the relationship between you and Nival.

AGREEMENT TO PRIVACY POLICY

By accessing any of Nival’s Services, you agree to the terms of this Privacy Policy (and any updates thereto). By so agreeing, you authorize us to collect and use your information as outlined below. In the event you do not agree with this Privacy Policy (and any amendments which may be adopted by us), your only recourse is to cease use of our Services.

Please be aware that if you are using our Services through a social network, platform or applications provider (“Third Party Service”) (e.g., Facebook, Steam, iTunes, Google Play, etc.), any activities provided by such third party beyond Nival’s Services are governed by that Third Party Service’s policies. We consider it a best practice for you to review the privacy policy of each website you frequent (as well as the privacy policies of any partners we may work with including advertisers) in order to be an informed consumer and to fully understand how your Personal Data is being handled.

PERSONAL DATA DEFINED

"Personal Data" is information that identifies you or that can be used to contact you (online or offline). Personal Data can include your name, email address, physical address, telephone number, gender, birthdate, etc.

COLLECTION OF PERSONAL DATA AND PURPOSES

We collect Personal Data in a variety of ways in order to provide you with the best possible experience using our Services. Sources of information include:

Information You Provide To Us: You may choose to voluntarily provide us with information by registering or communicating with Nival. If you communicate with us, we will collect and record the information you have shared with us so that we can provide you with the Services or address your inquiry. During the registration process, we do collect basic information about you including your name and email address.

Third Party Platforms and Social Networks: When you participate in our Services which are provided through a Third Party Service, we may obtain information about you from that service such as your name, gender, geographic area and affiliations. For example, we may use your location in association with your user name to display your game score on a top player scoreboard. Your gender designation derived from a Third Party Service may also be shown but your gender will never limit you on the levels that you can achieve while playing the game (which in the free-to-play context reflects skill, not gender) and/or to a specific gameplay style or type of character. As a developer of an application which is provided through a Third Party Service, Nival is required to follow the governing policies of such Third Party Service (including the handling of Personal Data).

IP Addresses: We do monitor and store information about the IP addresses from which you access our Services. In general, these log files are used to monitor traffic on our Services, to troubleshoot technical problems and to collect aggregate information (e.g., to monitor and analyze demographic and preference information among our users). We may block certain IP addresses to comply with specific license agreements and/or in the event we detect user abuse of our Services. IP addresses could also be used to personally identify you in order to enforce our Terms of Service.

Geolocation: Geolocation refers to the identification of the geographic location of a user or computing device via a variety of data collection mechanisms. Geolocation services use various means to ascertain location including network routing addresses, internal GPS devices and/or the newer W3C Geolocation standard. Our site may use various of these standards depending upon the platform and device that you are using to play our games.

Cookies: Nival utilizes cookies in connection with the operation of its Services. If you have registered to use our Services and/or play our games, your consent during the registration process means you have agreed to our use of cookies in accordance with applicable law and this Privacy Policy. Cookies are used on our site to facilitate user sign-on, and to retain user preferences and other information. Third party service providers may use cookies to track whether you have clicked on an advertisement and registered to play our games. A “cookie” is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Although your browser may be pre-set to accept cookies, you can disable cookies or set your browser to alert you when cookies are being sent. Please note, however, that some parts of our Services will not function properly if you disable cookies.

Other Data Collection Mechanisms: We may employ technologies including (i) clear Graphics Interchange Formats (“GIFs”) (i.e., web bugs, beacons or tags), which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation or registration; and (iii) local shared objects also known as flash cookies, which help us to prevent fraud, remember your progress on certain in-game tasks and in-game settings. Clear GIFs are not used to collect Personal Data about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page.

AGGREGATED DATA; NON-PERSONAL DATA GATHERING AND ANALYTICS

In addition to Personal Data, we collect a variety of data that is not used to specifically identify or contact you. This type of data is used to analyze and enhance our Services.

Examples of such information include:

General Use Information: We may collect general information about our users’ interaction with our product such as your internet protocol address, browser type, referring and exit URLs, clicks, domain names, pages viewed, the amount of time spent viewing a particular page, the time such activities took place, etc.

Game Play Information: We may collect and retain information relating to your interaction with our Services. For example, we may monitor the number and type of activities you participate in during a particular session, your scores and the length of time you spend on our Services.

Analytic Metrics Tool and Other Technologies: Nival uses its own tools and technologies to analyze non-Personal Data when you use our Services The information collected may include data about your hardware system, mobile device (if applicable), media, Internet and website usage and how you use our Services. We also analyze and track your game statistics, feature usage and purchase history, as well as IP, MAC, Android and/or iOS Addresses, and mobile ID (as applicable).

Third Parties: We may use service providers and third party tools and technology to provide you with a superior experience and these parties may share information they collect about you with us. Personal Data you provide to those third parties will fall under their respective privacy policies. If such a third party provides us with your Personal Data, we will handle it in accordance with this privacy policy.

USER GENERATED CONTENT

User generated content includes various types of content which is publicly available and is produced by end users. For example, wall posts, messages, and actions with other end users would fall under this definition. It is possible that the user generated content you choose to provide may contain Personal Data. Please be aware that we cannot guarantee protection for information you make available publicly through comments, information sharing mechanisms, wall posts, etc. Any user generated content you share while using our Services on a social network, will very likely be disseminated broadly through the social network. Also, any Personal Data that is publicly shared by the user could be harvested by third parties (including by other users of the social network) with access to it and we cannot control those third parties' use of such information. Please bear these factors in mind before sharing any content with us.

WHAT WE DO NOT DO WITH YOUR INFORMATION

Third Party Services - Social Network Data: We do not directly or indirectly transfer any Personal Data we receive from social networks such as Facebook or Google Play to third parties. However, you should recognize that we may display the information we receive from social networks within our Services. For example, we may display your profile picture, name and location so people can identify you in the Services.

We Do Not Sell, Lease, Rent Or Transfer Your Personal Data. We collect information for the purpose of maintaining the services providing to you. We will not sell, rent, lease or otherwise transfer your Personal Data to any third parties except as provided by applicable legislation.

We May Log, But We Will Not Disclose, Individual Internet Protocol Addresses: We may maintain log files which contain IP addresses for purposes such as traffic monitoring. As you know, an IP address is a numeric address assigned to your computer (or router) by your Internet Service Provider. We will not disclose individual IP addresses to third parties.

WHAT WE MAY DO WITH INFORMATION WE COLLECT

Here are some of the things we may do with the Personal Data and non-Personal Data that we collect. If we determine there are additional things we would like to do, we will amend this Privacy Policy and notify you.

Enhancement of Services. We may use the information we collect to improve the quality of our games, facilitate gameplay as well as offer new features to you. This might include looking at how segments of our user population interact with our Services and what areas elicit the most interest. Further, we will also use the information we gather to optimize our content, provide you with more of what you like as well as to fix any bugs that we detect in our Services.

Notices. We do reach out to our players using the contact information you have given us in order to provide information concerning our Services or to announce a new game. You may opt out of these communications at any time.

Legal Requirements and Safety Issues. Please be aware, we will disclose information, including Personal Data, to the extent it may be necessary due to the applicable legislation (required by law). We may disclose information pursuant to subpoenas, court orders, or other requests if such an action required by law.

Protection basic rules. You are have full extent of rights as a subject of Personal Data in accordance with the applicable legislation, including General Data Protection Regulation (Directive 95/46/EC). It means you have the right:

to make the rectification of your Personal Data

to erase your Personal Data (‘right to be forgotten’)

to restrict the processing of your Personal Data

to be informed about rectification or erasure of Personal Data or restriction of processing

to receive your Personal Data, which you has provided to us

to object to processing your Personal Data

To exercise any of your rights and ask any questions regarding aforementioned provisions, you may use the following link:

TRANSFER IN THE EVENT OF SALE OR CHANGE OF CONTROL

If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the services we provide you can continue to operate. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Policy.

In the event that we no longer operate a specific game through our Services, we may work with the subsequent game operator to offer you the ability to continue to play the game with the new game operator. This might involve inviting you to create a new user name and password in order to continue playing the game with the new game operator.

If material changes to Nival's privacy practices will occur as a result of a business transition, we will notify you and other users of the business transition prior to transferring your Personal Data as set forth below under Changes to Privacy Policy.

SECURITY OF OUR SERVICES

We use encryption and authentication tools to protect the security of the information that you share with us. Once we receive your transmission, we will do our best to protect its security on our systems. For example, all Personal Data we gather in connection with our Services is maintained on a secured server behind a firewall.

Unfortunately, while we strive to protect your Personal Data, no data transmission over the Internet can be guaranteed to be 100% secure and we caution you that any information you transmit to or from our Services is at your own risk. Accordingly, we disclaim liability for any theft, loss, or interception of or any unauthorized access or damage to any data or communications. By using the Services, you acknowledge that you understand and agree to assume these risks.

OPTING OUT

You may review, update, correct or delete Personal Data we receive from a Third Party Service by updating that information on your profile. If you elect to register with us and you would like to review, update, correct or delete that Personal Data, you may do so by removing and unsubscribing yourself in our email notifications. If you have any difficulties implementing any such changes on a Nival Service, please contact our Customer Service team for the applicable Service and/or write to privacy@nival.com.

LINKS

If you access our Services through a Third Party Service such as Facebook, links may appear in the same window or on screens before you commence playing. Any links you see adjacent to our Services may link you to parties completely unrelated to Nival. Because we cannot control the activities of third parties, we cannot accept responsibility for your use of their services or for any use of your Personal Data by such third parties and we cannot guarantee that they will adhere to the same privacy and security practices as ourselves. The presence of a third party link within the Services does not represent an endorsement of the content of that third party's link and Nival disclaims all liability arising from such content.

INTERNATIONAL

Personal data provided to Nival will be collected, processed and stored by Nival in the European Union.

As part of our international operations, our Affiliates have access to such personal identifiable information data for our legitimate business purposes. To operate and distribute the Services, our Affiliates provide certain services to Nival. The data we hold may also be processed by employees who work for us or one of our Affiliates. For example, such parties may be involved in payment processing or provide support services for our games.

To the extent that any of our Affiliates have access to personal identifiable information derived from the Services, such Affiliate will adhere to applicable laws.

OTHER JURISDICTIONS; RIGHT TO ACCESS PERSONAL DATA AND OPT-OUT RIGHTS

If you are resident in a jurisdiction which grants you the right to access the Personal Data that we maintain concerning you and/or any disclosures we may have made concerning such information, your right of access can be exercised in accordance with applicable law. Please submit any requests for access to your personal data in writing to privacy@nival.com.

If you are resident in a jurisdiction where we are required to notify you that you may choose to opt out of Nival’s disclosure of Personal Data to third parties for direct marketing purposes, your right to opt out can be exercised by writing to privacy@nival.com.

CHILDREN AND PRIVACY

Our Services are not directed to children under 16 years old. By using our Services, you represent and warrant that you are at least 16 years old. If we become aware that a user under the age of 16 has registered without prior verifiable parental consent, we will remove that user's Personal Data.

If you are using our Services through a Third Party Service, please be advised that under most Third Party Service’s terms of service and privacy policies (e.g., Facebook’s Terms of Service and Facebook’s Privacy Policy), children under age 16 are prohibited from accessing and using such social networks.

If you believe that we might have collected any information from a child under age 16, please contact us at privacy@nival.com so that we can investigate and remove the information.

DO NOT TRACK

Some web browsers allow the setting of a “Do Not Track” feature that communicates to websites that you do not want to have your online activity tracked. However, the communication of the Do Not Track signal is not yet uniform across the web.

To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com.

CHANGES TO PRIVACY POLICY

In the event Nival makes any changes to its Privacy Policy, it will post the updated policy on its Services. You may also be given additional notice, such as an e-mail message or through a notice which appears within one of our games or on our Services. You will be deemed to have accepted such changes by continuing to access the Services. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. Nival may also revise other policies, codes or rules at any time, and the new versions will be available on www.nival.com or from within the applicable game.

INQUIRIES

If you have any questions or concerns, please email us at privacy@nival.com