2. THE INFORMATION WE COLLECT.
We may collect different information from you when you use our Services. The following are examples to help you better understand the types of information that we collect.
Information we collect
When you use our Services, we may collect and store information from you directly. For example, when you register with us, we may collect certain information from you, including your name, email address, username, nicknames, passwords, social networking usernames, and information. Once registered, you may also have the option of completing a user profile. Your user profile may include Personal and Non-Personal Information, depending on how you complete the profile. When you contact us, we also collect certain Personal Information in order to be able to respond to you.
We offer you the ability to locate, invite, and play games with your contacts. To do so, NeoulEntertainment may request access to your address book or social networking accounts. We will ask you for your permission before we access and store your contacts.
When you use our Services on your mobile devices we may collect information regarding your devices, including your unique device identifiers and Internet Protocol (IP) address. We may also collect the name you have designated for your device, the device type, and the country code from which you connect. We do not track your precise location.
Technical and Usage Information
When you use our Services, we collect technical and usage information such as your browser type, browser language, referring and exit URLs, platform type, interactions with other users, and usage statistic with the Services. For more information on how we utilize log files and cookies, please refer to the Article 3 below.
3. HOW WE COLLECT INFORMATION ABOUT YOU
Information You Provide Directly
When you use our Services, we may collect information that you provide us directly, including without limitation:
• Registration and Profile Information: Your username and other related information for purposes of registration or creating a profile;
• Payment Information: Billing information for completing transactions;
• Publicly Shared Information: Information that you share publicly via our Services, such as postings in community forums, message boards and blogs, chat in public channels, and your public profile. You are accepting that such public information may be collected, and we shall not be liable in any way for collection and/or disclosure of such information.;
• Information for Customer Support: Information that you provide when you contact us for assistance or to report a problem;
• Sweepstakes/Promotions: Information that you provide in order to participate in sweepstakes and promotions.
Information Collected Through Technology
We collect information through technology to make our Services more useful and interesting to our users, including without limitation:
• Temporary Files. In addition, the software enabling our websites may have associated log and temporary files that are stored on our servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to use our Services. Your information may also exist within regularly performed server backups. This information is collected on an aggregated and anonymous basis;
• Patches. When any game or application is updated or "patched," our patch routine may check your device to see that you have the most recent version of the files;
On an aggregated and anonymous basis, we may also collect other information through technology, such as information on our users' hardware, operating systems, and usage patterns.
Information Received Through Your Third Party Platform Account and Mobile Device
When you use or connect to our Services on or through a third party platform, such as a social networking site (including using a third party platform account to sign into our Services), you allow us to access and/or collect certain information from your third party platform profile/account as permitted by the terms of the agreement and your privacy settings with the third party platform. The information you allow us to access and collect varies, depending on the Service you use, the terms of the third party platform and your privacy setting there. You may be able to disallow the third party platform from providing us with certain information about you by changing your privacy settings there.
If you use our Services via a mobile device, we may, in accordance with the terms of any applicable agreement with the mobile device carrier (and as allowed by your privacy settings) collect certain information such as your unique device identifier (a number automatically assigned to your mobile or wireless device), device type, and information you choose to provide or share, such as e-mail address.
4. USE OF THE INFORMATION COLLECTED
We may use the information we collect for a variety of purposes, primarily for operating and improving our Services. Our uses include without limitation:
• Communications: Communications with you about your account and our Services, such as new features and offerings;
• Services: Providing our Services, such as fulfilling requests and resolving customer support issues;
• Analysis: Analyzing trends and user behavior to improve our Services and develop new Services;
• Protection: Protecting our Services from misuse and, as may be necessary or appropriate in our determination, to protect the safety and security of our users, employees and third parties, or the integrity of our Services. Among other forms of communications, we may send push notifications to your mobile device to provide game updates and other relevant messages. You can manage push notifications from the "options" or "settings" page within the mobile application. You also may be able to manage them from your device's settings page.
5. SHARING OF YOUR INFORMATION
We will not share your Personal Information with unrelated third party advertisers.
We will only share your Personal Information with third parties under the following circumstances:
• Our Service Providers: We may utilize or partner with other companies to provide our Services, such as vendors and service providers that analyze customers' interaction with our Services, and handle consumer surveys, or companies that co-develop or co-publish games with us. While providing their services, these companies may access your Personal Information, but we will direct them to maintain the confidentiality of such information and use it solely for performing the applicable services;
• Mergers and Corporate Transactions: In the event that we undergo a business transition, such as a merger, acquisition, joint venture, corporate divestiture or dissolution, a sale of assets, or similar transactions, we may share, disclose or transfer your information, including Personal Information, to the other organizations that are parties to such transactions.
• Sweepstakes and Promotions: We may share your information in connection with any sweepstakes or promotions you enter in connection with our Services, as necessary to administer, market, sponsor, administer or fulfill them or as required by applicable laws, rules or regulations;
6. COLLECTION AND USE OF CHILDREN'S PERSONAL INFORMATION
Our Services are not intended for children under the age of 13, and we do not knowingly collect any Personal Information from anyone under the age of 13. If you are under 13, please do not send us any information about yourself and you should not use or attempt to use our Services.
Further, in the event we discover that we have collected Personal Information from children under age 13, we will promptly delete such information in a secure manner. If you believe that we might have any information from or about children under age 13, please contact us at our Customer Support Center through in-game setting or option menu.
7. SECURITY OF YOUR INFORMATION
We are committed to safeguard your information, and we implement reasonable security measures to protect the security of your information. We also constantly update our technology with the goal of better protecting your information.
While we take reasonable precautions against possible security breaches, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will not occur. We urge you to take steps to keep your Personal Information safe, to use strong passwords, to log out of your account after use, and to use different passwords for different services with different companies. It is important that you also help protect and maintain the security of your account. Please notify us immediately of any unauthorized use.
8. LEGAL MATTERS
9. QUESTIONS OR COMMENTS
Last updated: November 18, 2018
Terms of Service
NeoulEntertainment reserves the right to modify these Terms, at its sole discretion, from time to time by posting the modified version of Terms. Please periodically review the controlling version of these Terms. You will be deemed to have agreed to any such modifications by continuing to use the Services after any such modification is posted. It is therefore important that you review this Terms regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
NeoulEntertainment owns, has licensed, or otherwise has the right to use all of the content that appears in the NeoulEntertainment Services, including, without limitation, an Account, Virtual Items (as defined below).
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NeoulEntertainment.
Subject to your agreement and continuing compliance with these Terms and any other relevant our policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
NeoulEntertainment provides users with access to interactive software products that, among other things, enable multiplayer gaming experiences on mobile devices. The Services may be made available to you directly, or through third party services, such as App Store and Google Play. These third party services may require you to download and install software and create an Account before downloading the Services. In addition, you may be required to register an Account with third party services, such as Game Center or Google+ and sign into that Account in order to access some portions and features of the Services. If you choose to create and utilize an Account, you are responsible for maintaining the confidentiality of the password and username, and you are fully and solely responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at our Customer Support Center through in-game setting or option menu. If you interact with us or with third-party service providers, and in the course of that interaction you provide to us (or the applicable third party) information about you, including contact information, biographical information, and credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services.
3. Guest Account
If you use the NeoulEntertainment Service without a Game Center or Google Plus Account, we will create and assign to your device an identifier that is similar to an account number ("Guest Accounts"). We will use the Guest Account information for providing customer supports.
PLEASE KEEP IN MIND THAT YOU MAY NOT RECEIVE CUSTOMER SUPPORTS OR MAY NOT USE VIRTUAL ITEMS OR VIRTUAL CURRENCY FOR WHICH YOU HAVE PAID IF YOU CHANGE YOUR MOBILE DEVICE WITHOUT CONNECTING TO A GAME CENTER AND GOOGLE PLUS ACCOUNT.
4. SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICES
WITHOUT LIMITING ANY OTHER REMEDIES, NeoulEntertainment MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO NeoulEntertainment SERVICES OR PORTIONS THEREOF IF YOU ARE, OR NeoulEntertainment 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 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 NeoulEntertainment 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.
NeoulEntertainment RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
NeoulEntertainment reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, NeoulEntertainment shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
5. PROHIBITED CONDUCT/REPRESENTATIONS AND WARRANTIES
You represent and warrant that you will not, in connection with your use of the Services:
• Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
• Act in a manner that negatively affects other users' ability to use the Applications, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, vulgar, stalking, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;
• Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
• Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
• Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or have a license to;
• Make misleading statements or misrepresent any fact (including without limitation your identity);
• Institute, assist, or become involved in any type of attack, including without limitation distribution of viruses or codes, 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.
• Use any computer or device that is running any application, software or technology that is not expressly authorized by NeoulEntertainment for use and that enables cheating or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology, including without limitation automation software (bots), hacks, mods or other devices for enabling the interoperability of unauthorized third-party software that modifies the gaming experience;
• Exceed your authorized access to any portion of the Applications or any database, computer or device;
• 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 NeoulEntertainment game environment;
• Remove, delete, alter, circumvent, avoid or bypass any watermark or digital rights management technology;
• Collect or store personal data about anyone;
• Sell, rent or give away your Account, create an Account using a false identify or information, or on behalf of someone other than yourself;
• Use the Service if you have previously been removed by NeoulEntertainment or banned from using Service;
• Modify any part of the Applications;
• Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Applications;
• Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.
6. Intellectual Property
NeoulEntertainment and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Services, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
Certain materials available on or through the Services are our Works. Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Applications. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our Works solely for your personal use in connection with using the Applications. You may not otherwise reproduce (other than incidental reproduction required to run the Application on your device), distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Such conduct would, among other things, exceed the scope of your license and constitute infringement of our proprietary rights.
As part of this license, you will not:
• Copy the Application(s) except a single backup copy;
• Sell, rent, lease, license, distribute or otherwise transfer or make the Application(s)available to any other person, in whole or in part, or use the Application(s)or any part thereof in any commercial context, including but not limited to use on a commercial website or as part of a commercial service;
• Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the Application(s) or any portion thereof, in whole or in part;
• Remove, disable or circumvent any proprietary notices or labels contained on or within the Application(s) or any portion thereof; or
• Export or re-export the Application(s) or any copy or adaptation in violation of any applicable export restrictions or other laws or regulations.
The above described license is conditioned on your compliance with these Terms, and shall terminate upon the earlier of: (a) your breach of these Terms; or (b) our termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some Content made available on the Applications may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how you may access and use the Content. You must not remove, delete, or alter any watermark or other digital rights management technology or other information. Such conduct is prohibited by law.
When you download or otherwise copy our Applications and Works, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to access and use the Application for personal, non-commercial use, subject to specific terms and conditions (the "Content License"). Under this Content License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Applications and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Content License and constitute copyright infringement. At the expiration of your Content License or the termination of these Terms, you will delete or otherwise dispose of all copies of Applications and Works in your possession.
7. VIRTUAL ITEMS
Our Services may include (a) virtual currency, including but not limited to coins, gems, cash, tokens, or points, all for use in the Services; (b) virtual in-game items; or (c) certain in-game benefits (collectively, "Virtual Items"). You may earn or purchase Virtual Items for real money and/or other credits.
You acknowledge and agree that all sales of Virtual Items are final and non-refundable. The purchase of any Virtual Item is merely the purchase of a limited personal revocable license to use the Virtual Item exclusively in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for "real money," goods or any other exchange outside of the Services. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from our products and services, and/or legal action.
YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL ITEMS HAVE NO REAL WORLD VALUE AND CANNOT BE REDEEMED FOR ACTUAL CURRENCY, GOODS OR OTHER ITEMS OF MONETARY VALUE, INCLUDING IN THE EVENT THAT YOU HAVE UNUSED VIRTUAL ITEMS REMAINING IN YOUR ACCOUNT AT THE TIME YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR NOT.
We reserve the right to control, regulate, change or remove any Virtual Items in our sole discretion and without any liability to you. We reserve the right to charge fees for the right to access or use Virtual Items, and we may revise the perceived value or pricing for any Virtual Items. We may also decide to distribute Virtual Items without charge, at our sole discretion.
8. PURCHASES / PAYMENTS / REFUNDS
We associate ourselves with certain Services, including, without limitation, for the download of Services, and the purchase of Virtual Items. Such products or services will be made available for purchase on a third party store used by us (such as Google Play or App Store). Certain Services allow you to purchase Virtual Items within the Services. Such purchases may be made available in both Services which you must purchase to download as well as Services which are free to download.
You are responsible for all third party charges, including but not limited to the internet connection, and mobile communication charges, that you may incur for accessing or using our Services. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. Your purchase of any Services, or Virtual Items or other content through the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.
We assume no liability for purchaser error, trial versions, software purchased for the wrong device or platform, promotion codes or discounts not provided at the time of purchase. We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Services. Please read the system requirements very carefully before making any purchases.
9. USER CONTENT
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Services, or that other users upload or transmit, including without limitation any chat text. You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.
By posting any User Content to or through the Services, you grant us a royalty-free, irrevocable, transferrable, sub-licensable, perpetual and non-exclusive license throughout the universe for use in any and all media whether now known or hereafter devised to copy, modify, distribute, display, broadcast, perform, make derivative works from, use and otherwise exploit any and all such User Content for any purpose whatsoever, including without limitation any commercial, advertising, or promotional uses, and to license third parties to do the same. You also waive to the full extent permitted by law any and all claims against us related to moral rights in User Content. In no circumstances will we be liable for any exploitation of any User Content that you post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you post.
If any of the User Content that you post to or through the Services contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).
If any of the User Content you post to or through the Services contain the name, image, voice, likeness, or biographical information ("Likeness") of any person, you hereby represent to NeoulEntertainment that you have obtained all necessary rights to that Likeness, and that NeoulEntertainment's use of that person's Likeness will not violate the proprietary rights of any person or entity. Upon request, you will provide NeoulEntertainment with a signed consent regarding the rights granted to NeoulEntertainment regarding your Likeness, and you will provide NeoulEntertainment with copies of similar consents and permissions for any Likeness other than your own that is included in your User Content.
We may feature advertisements from third parties or 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 an optional component of the Services and/or benefits. Any charges or obligations you incur in your dealings with these third parties are your sole responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third party, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of us and may collect data or solicit personal information from you. We are not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
11. PUSH NOTIFICATIONS
We may send local or push notifications to your mobile device to make you aware of game updates, promotional events, new game information and other relevant messages regarding the game service. You can manage push notifications from the "options" or "settings" page within the relevant game. You may also be able to manage them from your device's settings page for the relevant game. We will not send any SMS notification to your mobile device unless we obtain affirmative express consent from you in compliance with any applicable laws or regulations.
Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Services constitutes an infringement of your copyrights or trademarks, we will respond promptly to any properly submitted notice containing the information detailed below. Please contact us at our Customer Support Center through in-game setting or option menu.
The written notice of infringement must provide the following information:
1. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
4. A statement, made under penalty of perjury, that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
5. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we may terminate or disable user account following repeated notice and takedown requests for two or more postings by the user.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein, or your violation or breach of any rights of or agreements, undertakings, representations or warranties with another in any way related to the Services and/or Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
YOU USE THE APPLICATIONS AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE APPLICATIONS AND GOODS OR SERVICES PURCHASED THROUGH THE APPLICATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APPLICATIONS.
WE MAKE NO WARRANTY THAT (1) THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; (2) THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE APPLICATIONS' RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (5) THE APPLICATIONS, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. LIMITATION OF LIABILITY
To the extent allowed by law, we shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
• Delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you;
• Modifying or discontinuing temporarily or permanently, the Applications (or any part thereof) with or without notice to you for any or no reason whatsoever;
• Immediately terminating your access to the Applications for any or no reason whatsoever and with or without notice to you;
• The accuracy, usefulness or availability of any information Posted to or through the Applications, including but not limited to any securities trading or investment related information;
• Any User Content that does not get recorded, or is deleted; or
• Any loss or damage of any sort incurred by you as a result of interactions you have with other Applications users, third-party advertisements or service providers, or third-party websites, found on or through the Applications, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings.
NeoulEntertainment SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT; INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. NeoulEntertainment SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO NeoulEntertainment IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLODGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO NeoulEntertainment DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH NeoulEntertainment IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Some jurisdictions may not permit certain liability limitations. If any court determines the law of such a jurisdiction applies, OUR liability shall be limited to the greatest extent permitted by law.
16. Dispute Resolution
17. Force Majeure
NeoulEntertainment will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of NeoulEntertainment, including, without limitation, any failure to perform under the NeoulEntertainment Policy due to unforeseen cause beyond NeoulEntertainment's control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cybercrimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms constitute the entire agreement between you and NeoulEntertainment, and govern your use of the Services.
These Terms supersede any prior agreements between you and us with respect to the Services.
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties' respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, NeoulEntertainment's affiliates, representatives, managers, partners, joint ventures, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or contractual effect.
We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Applications, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, liability limitations, warranty disclaimers, claims, or defenses hereunder. Upon termination of these Terms you will no longer have a right to access your account, your code, or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may opt not to keep any backup of any of your User Content. We will not be responsible for deleting your User Content. Note that, even if your User Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your User Content).
Upon termination of these Terms the following provisions will survive: 7, 8, 9, 10, 12, 13, 14, 15, 17, 18.
Last updated: November 18, 2018