Service Terms and Conditions

Service Terms and Conditions

English

The terms of this agreement are in English, as are Nordcurrent’s other terms. By installing, using, or otherwise accessing the Services, you confirm you know English well enough to read, understand, and assume your obligations under these terms.

Français

Les termes de cet accord sont en anglais, comme le sont les autres termes de Nordcurrent. En installant, en utilisant ou accédant à nos services, vous confirmez que vous maîtrisez suffisamment l’anglais pour lire, comprendre et assumer vos obligations en vertu des présentes conditions.

Italiano

I termini di questo accordo sono in inglese, così come gli altri termini di Nordcurrent. Installando, utilizzando o comunque accedendo ai Servizi, confermi di conoscere l’inglese abbastanza da leggere, comprendere e contrarre gli obblighi derivanti dai presenti termini.

Deutsch

Genau wie die anderen Bedingungen von Nordcurrent sind die Bedingungen dieser Vereinbarung in englischer Sprache. Durch die Installation, Nutzung oder den anderweitigen Zugriff auf unsere Dienste bestätigen Sie, dass Sie über ausreichende Englischkenntnisse verfügen, um diese Bedingungen zu lesen, zu verstehen und die damit verbundenen Verpflichtungen zu erfüllen.

Español

Los términos de este acuerdo están en inglés, como lo están el resto de términos de Nordcurrent. Al instalar, usar o acceder de cualquier otra manera a los servicios, confirmas que sabes el inglés suficiente como para leer, entender y asumir tus obligaciones bajo estos términos.

Русский

Условия данного соглашения, как и другие юридические документы Nordcurrent, написаны на английском языке. При установке и использовании сервисов Nordcurrent ты подтверждаешь, что знаешь английский язык на достаточном уровне для понимания данных условий и обязуешься их соблюдать.

Português

Os termos deste contrato estão em inglês, assim como os outros termos da Nordcurrent. Ao instalar, usar ou acessar os Serviços, você confirma saber inglês o suficiente para ler, entender e assumir suas obrigações sob estes termos.

日本語

本契約の条件は、Nordcurrent の他の条件と同様に英語で表記されています。サービスをインストール、使用、またはその他の方法でアクセスすることにより、あなたはこれらの条件の下での義務を読み、理解し、引き受けるのに十分な英語力があることを確認するものとします。

한국어

본 약관은 Nordcurrent의 다른 약관처럼 영어로 작성되었습니다. 자사의 서비스를 설치하거나 사용하거나 기타 방식으로 이용하는 경우, 귀하는 본 약관을 읽고 이해하며 그에 따른 책임을 질 수 있을 만큼 영어를 잘 안다고 보증하는 것입니다.

Polski

Postanowienia tej umowy są w języku angielskim, podobnie jak regulaminy i inne umowy zawierane z Nordcurrent. Instalując Usługi i z nich korzystając, potwierdzasz, że znasz język angielski w wystarczającym stopniu, by zapoznać się z postanowieniami umowy, zrozumieć je i podjąć opisane w nich zobowiązania.

Bahasa Melayu

Terma-terma dalam perjanjian ini adalah dalam Bahasa Inggeris, begitu juga dengan terma-terma Nordcurrent yang lain. Dengan memasang, menggunakan, atau mengakses Perkhidmatan, anda mengesahkan bahawa anda mempunyai pemahaman dalam Bahasa Inggeris untuk membaca, memahami, dan mengakui tanggungjawab anda di bawah terma-terma ini.

简体中文

本协议条款以及Nordcurrent的其他条款皆为英文文本。在安装,使用或以其他形式访问服务时,您确认您的英文水平足以阅读、理解和承担下列条款规定的义务。

繁體中文

此協議的條款如 Nordcurrent 的其他條款一樣為英文。安裝、使用或以其他方式存取服務,即代表您確認您的英文程度足以閱讀、理解及承擔這些條款中的義務。

Bahasa Indonesia

Ketentuan dalam kesepakatan ini adalah dalam bahasa Inggris, sebagaimana ketentuan Nordcurrent lainnya. Dengan menginstal, menggunakan, atau mengakses Layanan, berarti Anda mengonfirmasi bahwa Anda memahami bahasa Inggris dengan cukup baik untuk membaca, mengerti, dan menerima kewajiban Anda sesuai dengan ketentuan ini.

Lietuvių k.

Šios sutarties sąlygos, kaip ir kitos Nordcurrent taisyklės, yra anglų kalba. Įdiegdami bei naudodamiesi Paslaugomis jūs patvirtinate, jog mokate anglų kalbą pakankamai gerai, kad galėtumėte perskaityti, suprasti ir prisiimti įsipareigojimus pagal šias sąlygas.

Terms of service

The terms of this agreement (“Terms of Service”) govern the relationship between you (hereinafter “you” or “User”) and UAB “Nordcurrent Group” or UAB “Nordcurrent”, and/or their affiliates (hereinafter “Nordcurrent” or “Us” or “We”) regarding your use of Nordcurrent’s games, stores, websites, and related services (the “Service”). Use of the Service is also governed by Nordcurrent’s Creator’s Terms, Nordcurrent’s Privacy Policy, Nordcurrent’s Cookie Policy and other relevant policies, which are incorporated herein by reference and is part of the Terms of Service.

Before accessing or using the Service, including browsing any website or accessing a game, you must agree to these Terms of Service, Nordcurrent’s Creator’s Terms, Nordcurrent‘s Privacy Policy, Nordcurrent’s Cookie Policy and other relevant policies, which are referenced as part of the Terms of Service.

You may be required to register a user account on Services (an “Account”). By registering an Account or otherwise using the Service, you represent that you are age 18 or older and you understand and agree to these Terms of Service. If you access the Service from a Social Networking Site (“SNS”), such as Facebook, Google+, or another, you shall comply with its terms of service/use as well as these Terms of Service.

Some parts of the Services may include or make available content, tools, or other materials from third parties (i.e., people or companies other than Nordcurrent) (“Third-Party Services”). This could include links to other websites, features that let Users link User Accounts to other accounts (like Facebook), other social networking sites, data analytics providers, and advertising networks. Nordcurrent doesn’t control or take responsibility for Third-Party Services (including how those third parties use your information). User understands that using the Services could subject User to third-party fees, terms, and/or policies, such as a privacy policy, and User agrees to pay all those fees and to follow those terms and policies. Users may come across Third-Party Services that (i) may be considered offensive, or objectionable, (ii) may or may not be identified as having explicit language, (iii) may contain links or references to objectionable material, and (iv) may not be available in all countries or languages. User agrees to use the Services at User’s own risk and that Nordcurrent will not have any liability to User for content (including Third-Party Services) that may be found to be offensive, inaccurate, illegal, unavailable, of poor quality, or otherwise.

BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE, THE CREATOR’S TERMS, THE PRIVACY POLICY, THE COOKIE POLICY AND OTHER RELEVANT POLICIES, WHICH ARE INCORPORATED HEREIN BY REFERENCE AND IS PART OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL, USE, OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Nordcurrent reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service (as well as its Privacy Policy, Creators Terms, Cookie Policy and other terms that might apply) at any time by posting the amended terms on the Nordcurrent Service. Users are responsible for viewing these Terms of Service periodically.  We will note the date last revised at the top of the Terms of Service for your convenience. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the current version of our Terms of Service, the Nordcurrent Privacy Policy, Creators’ Terms, Cookie Policy or any other Nordcurrent policy, rules, or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

In the event of termination of these Terms of Service or any other Nordcurrent terms, the rights, and duties of Nordcurrent and User to each other will terminate except that all provisions of these Terms of Services or any other Nordcurrent Terms which are to survive expiration or termination will remain in effect (explicitly indicated or according to its essence).

 1. USE OF THE SERVICES

 1.1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Nordcurrent policies, Nordcurrent grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

  • You shall not create an Account or access the Service if you are under the age of 18; You shall restrict use by minors, and you will deny access to children or persons under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or another payment instrument (e.g., PayPal) by minors, and must ensure no personal data of minors are transferred through Service or revealed in any other way. You shall solely be liable for any consequences of such breach, use of the Service by minors, or personal data revelations.
  • You shall not sell, rent, or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Nordcurrent or previously been banned from playing any Nordcurrent game.
  • You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail, or repetitive messages to anyone.

1.2. License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license, suspension, or removal of your Account, and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

  • Engage in any act that Nordcurrent deems to conflict with the spirit or intent of the Service or make improper use of Nordcurrent’s support services.
  • Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service, any Nordcurrent Game, or any Nordcurrent game experience or without Nordcurrent’s express written consent, modify or cause to be modified any files that are a part of the Service or any Nordcurrent game.
  • 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 Nordcurrent game environment.
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
  • Attempt to gain unauthorized access to the Service, Accounts registered to others, or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Nordcurrent, including but not limited to, circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
  • Post through any channels related to the Service (chats, messages, forums, or any other) any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive as well as to use religious symbols in a disrespectful way
  • Post through any channels related to the Service (chats, messages, forums, or any other) any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
  • Post through any channels related to the Service (chats, messages, forums, or any other) any information, to depict any information related to current candidates running for public office, including their slogans, campaign material, rallies, or events; political parties, specific races for elected office, sitting real-world elected officials, previously-elected officials in their official capacity, individuals who have previously run for political office their capacity as candidates, desecration of political entity symbols, including flag burning, inflammatory content related to the real-world border, territorial, or jurisdictional relationships.
  • Support, glorify, or promote any terrorist or extremist organization and their actions, including depictions of or support for terrorist or extremist attacks or terrorist acts, depictions of or support for the leaders of terrorist organizations, depictions of the slogans, images, flags, or icons of terrorist organizations, recruiting membership for a terrorist or violent organization, or encouraging others to leave Nordcurrent Service to find such information, fundraising for terrorist or extremist organizations, people, or groups.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of other users, another person, or group, including Nordcurrent employees, including Nordcurrent’s customer service representatives.
  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or another right of any person or entity or impersonates any other person, including without limitation a Nordcurrent employee.
  • Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Nordcurrent game, or to obtain any information from the Service or any Nordcurrent game using any method not expressly permitted by Nordcurrent.
  • Announce or inform other users about the game’s vulnerability through in-game chat (if available) or other communication means (e.g., social media).
  • Call for boycotting the game, spreading knowingly false information about the game, or damaging the reputation of the game in any other way.
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services, or any content contained therein;
  • Impersonate any person or entity or otherwise misrepresent your affiliation, identity, or the origin of materials you transmit, or misrepresent that your statements or actions are endorsed by Nordcurrent;
  • Remove, alter, or conceal any copyright, trademark, patent, or other proprietary notices, legends, symbols, or labels (including any watermark or other digital rights management technology or other information) contained on or within the Services.
  • Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
  • Host, provide, or develop matchmaking services for the Services without Nordcurrent’s prior written approval or create, use, or maintain any unauthorized connections to the Services.
  • Intercept, emulate, or redirect the communication protocols used by Nordcurrent or its designees in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to software, use of a data mining utility program to intercept, collect, read or mine information generated by the Services, or in any way utilize a technique now known or hereafter developed that would allow for or otherwise make available unauthorized access or use of the Services.
  • Make refunds through Google, Apple, or Amazon services without returning purchased items. Items can be returned in the following way: you must contact us immediately, but not later than within 2 days, and report it. After that, the purchased items will be deleted from your Account. If you do not contact us, or if the items have already been used, we have the right to immediately terminate the user and remove your Account. By requesting a refund through Google or Apple services, you waive any future claims regarding the removal of your Account.
  • Trade with in-game currency, buy or sell any in-game items (including currency) bypassing the standard means (stores).
  • Solicit or attempt to solicit personal information from other users of the Service or any Nordcurrent game or collect or post anyone’s private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the Service.

Nordcurrent reserves the right to determine what conduct it considers to violate the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Nordcurrent reserves the right to take action as a result, which may include the removal of your Account and prohibiting you from using the Service in whole or in part.

1.3. Your Account Registration

Some of our Services require you to create an Account with us. If you are not signed into your Account, you might not be able to access all or some portions or features of the Services. When creating an Account, you will provide only accurate and complete information, and promptly update this information. Be aware, that Nordcurrent may take steps to make sure that the information you give to Us is accurate. You will keep your username and password confidential and secure; you will never allow anyone else to use your Account and will not use the same password that you use for other websites or services. You will uninstall and delete the Services before transferring any device on which they are installed. You will immediately notify Us if you discover or otherwise suspect any unauthorized access to or use of your Account.

By creating a username (nickname) if the game requires and further using the Service you warrant that it is not your real first/second name, nor does it have any similarity to your real name, or your real name can be understood from the username created by you. If you still choose to register a username corresponding to or similar to your real name, please note you will be responsible for all potential negative outcomes yourself, including any potential breaches or misuse of personal data, including the ones done by other players.

Nordcurrent reserves the right to remove or reclaim any usernames at any time and for any reason, including

to allegations that username or Account (profile) picture involves/creates the prohibited actions indicated in Clause 1.2 of these Terms of Service, to claims by a third party that a username violates the third party’s rights, but not limited to.

The Service supports only one Account per game on a supported device.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NORDCURRENT. We do not recognize or allow the transfer of accounts between players. You may not, and may not offer to, purchase, sell, gift, or trade any Account. Any such attempt shall be null and void and may result in the termination and forfeiture of the Account.

1.4. Suspension and Removal of Account

WITHOUT LIMITING ANY OTHER REMEDIES, NORDCURRENT MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO NORDCURRENT SERVICES OR PORTIONS THEREOF IF YOU ARE, OR NORDCURRENT 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 ALL ACCOUNT AS A RESULT OF ACCOUNT REMOVAL OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND NORDCURRENT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR REMOVE 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 REMOVE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

NORDCURRENT RESERVES THE RIGHT TO REMOVE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Nordcurrent reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service, or a part thereof will be automatically terminated. In such event, Nordcurrent shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued Services. Removal of your Account can include disabling your access to the Service or any part thereof including any content you submitted, or others submitted.

1.5. Updates

Nordcurrent may provide you with updates as they are made generally available by Nordcurrent at its sole discretion. You acknowledge and agree that Nordcurrent may provide updates to you remotely and automatically, including by (without limitation) accessing the device on which you use the Services. Any updates provided or made available by Nordcurrent are part of the Services and will be subject to these Terms of Service.

1.6. Cross-border Transfers

By accepting these Terms of Service, you understand and agree that the performance of these Terms of Services and provision of the Services may require the transfer of the information that we collect from your country to other countries, which may not provide the same level of protection as the European Union/European Economic Area or your home country.

 2. OWNERSHIP

 2.1. Games and Service

All rights, titles, and interest in and to the Service (including without limitation any games, titles, visual or verbal marks, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Nordcurrent game client, and the Nordcurrent game clients and server software) are owned by Nordcurrent. Nordcurrent reserves all rights, including without limitation, all intellectual property rights, or other proprietary rights, in connection with its games and the Service.

The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives, (the “Nordcurrent Intellectual Property” or “Nordcurrent IP”) are protected by law. All Nordcurrent IP is the property of Nordcurrent and Nordcurrent’s licensors. Nordcurrent IP includes User Content licensed to Nordcurrent by Creators under the Creator Terms. Except as allowed in these User Terms or any other Nordcurrent Terms, the User may not use any Nordcurrent IP contained in the Services unless the User gets separate permission from the owner. Nordcurrent reserves all rights to the Nordcurrent IP not granted in these User Terms or elsewhere in the Nordcurrent Terms.

 2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, EXCEPT FOR YOUR RIGHT TO REQUEST REMOVING YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NORDCURRENT.

 2.3. Virtual Items

Nordcurrent owns, has licensed, or otherwise has rights to use all the content that appears in the Service or in Nordcurrent games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Nordcurrent game, whether earned in a game or purchased from Nordcurrent (directly or through the third party) or any other attributes associated with Account or stored on the Account/Service.

 2.4. User Content and Creators

“User Content” means any communications, images, sounds, and all the material, data, and information that you upload, create, publish on, make available on or transmit through a Nordcurrent game client or the Service publicly or directly to other users, or that other users upload, create, publish on, make available on or transmit through the Services, (publicly or directly to other users) including without limitation any chat, forum, message’s text.

“Creators” – mean users who create and upload and publish User Content through the Services and include both amateur and professional creators.  Any user that has caused User Content to be on the Services is subject not only to these Terms of Services but also to the additional Creator Terms, which are incorporated herein by reference.

 3. USER CONTENT

By transmitting or submitting any User Content while using the Service, you affirm, represent, and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions, or other third party rights and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) not in violation of any copyright, trademark, patent, design, database or other intellectual property rights of a third party. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to post or transmit the User Content on Services and that the User Consent does not violate any applicable laws, the Terms of Service, or any third party‘s right of privacy and publicity; (d) free of viruses, adware, spyware, worms, or other malicious code.

By uploading and transmitting User Content you will not (a) promote unauthorized sweepstakes or contest; and will not promote a lottery, or gambling of any type; (b) prevent or impede other users finding information related to the Services; (c) facilitate or promote conduct that in the sole discretion of Nordcurrent involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving); (d) instruct users how to make bombs, weapons, drugs, illegal or illicit or dangerous items, or solicit involvement in behavior or organizations that are violent or illegal under applicable laws, including without limitation terrorist threats or activities; and ( (e) bully, stalk, troll, harass or intimidate or depict, glorify, promote such behavior; (f) demean, threaten, or attack individuals or groups, or encourage others to do so directly or indirectly on the basis of their race, perceived race, or ethnicity; national origin; sexual orientation; gender, gender identity, or gender expression; religions or religious affiliation or beliefs; age, physical or mental disability; familial status; (g) swear in text, images or uploaded content, including using misspellings, special characters, or other methods to evade detection of profanity, profanity in different languages; (h) post or depict any information related to current candidates running for public office, including their slogans, campaign material, rallies, or events; political parties, specific races for elected office, sitting real-world elected officials, previously-elected officials in their official capacity, individuals who have previously run for political office their capacity as candidates, desecration of political entity symbols, including flag burning, inflammatory content related to real world border, territorial, or jurisdictional relationships; (i) support, glorify, or promote any terrorist or extremist organization and their actions, including depictions of or support for terrorist or extremist attacks or terrorist acts, depictions of or support for the leaders of terrorist organizations, depictions of the slogans, images, flags, or icons of terrorist organizations, recruiting membership for a terrorist or violent organization, or encouraging others to leave Nordcurrent Service to find such information, fundraising for terrorist or extremist organizations, people, or group; (j) post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive as well as use religious symbols in a disrespectful way. You acknowledge and agree that any of your personal information within such content will at all times be processed by Nordcurrent by its Privacy Policy.

Be aware that Nordcurrent has a right, at its discretion, to suspend the availability of, or remove from the Services, any content without advance notice. Nordcurrent is not liable for any losses user takes as a result of such suspension or removal, and Nordcurrent is not required to refund any Virtual Currency or other funds that the user has spent on any removed or suspended content.

 3.1. Content Screening

Nordcurrent assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text, forums, and messages) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

You acknowledge that if at any time Nordcurrent chooses, in its sole discretion moderate, monitor, review, and record any User Content (including the content of your oral or written communications) that you post, transmit, or make available on or through the Services and may, without prior notice to you and in its sole judgment, remove User Content for any or no reason, at any time. You agree that such monitoring or recording can be made using software that may be installed when you download software to access or use the Services. Unless required by law, Nordcurrent assumes no liability for any failure to remove, or any delay in removing, User Content and does not assume any responsibility or liability for the use and/or storage of User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post or remove any User Content.

 3.2. Information Use by Other Users of the Service

 3.2.1. Public Discourse

The Service may include various forums, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. Nordcurrent cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Nordcurrent shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

 3.2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through, or in connection with the Service and that you provide to others. Nordcurrent may reject, refuse to post, or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Nordcurrent violates these Terms of Service.

 3.3. License

You hereby grant Nordcurrent a royalty-free, perpetual, irrevocable, fully transferable and sublicensable, exclusive, worldwide right and license to use your User Content in any and all media, Services, and Games, in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law, including without limitation the rights to reproduce, copy, modify, perform, display, publish, distribute, broadcast, transmit, or otherwise communicate to the public, or create derivative works from or adapt, use or otherwise exploit by any means whether now known or unknown and without any further notice or compensation to you of any kind. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution concerning Nordcurrent’s and other players’ use and enjoyment of User Content in connection with the Services. The license grant to Nordcurrent, and the above waiver of any applicable moral rights, survives any termination or expiration of the Terms.

 3.4. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Nordcurrent games. Nordcurrent reserves the right but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Nordcurrent to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting Nordcurrent access to any password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

4. INTELLECTUAL PROPERTY

The Services (including any updates thereto) are protected under the copyright and other intellectual property laws of the United States, European Union, and other countries. Nordcurrent 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 concerning any of these trademarks, service marks, or logos without our prior written consent. Nordcurrent owns and shall retain all rights, title, and interest, including without limitation all intellectual property rights, in and to the Services and any portions thereof.

Nordcurrent is always pleased to hear from our players and fans, and we welcome comments and feedback regarding our Services. Any ideas, suggestions, proposals, comments, feedback, or other submissions (including without limitation those that provide feedback on our Services or suggest new content, features, products, or similar ideas) (collectively, “Feedback”), regardless of whether you provide such Feedback in a public or private medium, will not be treated as confidential or proprietary. This means that if you provide Feedback to Nordcurrent, you are waiving all rights to it and are allowing it to be shared and used by us or others for any purpose, including without limitation using, sharing, and commercially exploiting the Feedback any way we see fit without any notice or compensation to you. Nordcurrent does not return or regularly acknowledge Feedback we receive and does not have any obligations related to Feedback.

We respect the intellectual property rights of others. If you have a good faith belief that your copyrighted work or other intellectual property (including trademarks) has been infringed and is accessible through our Services (other than content that was previously uploaded by you to Services), you may notify us as specified below by providing the following information in writing:

  • Identification of the copyrighted work or intellectual property, or a representative list of works or property claimed to have been infringed.
  • Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material.
  • Your name, address, daytime telephone number, and e-mail address if available, so that we may contact you if necessary.
  • A statement 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.
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

If the content is removed, the party that posted the Content may receive a notice that it was removed because of claimed infringement. We may provide them with your contact information, including your email address and the name of your organization or client, and the contents of your report. If the party that posted the content believes that the content shouldn’t have been removed, they’ll be encouraged to reach out to you to try to resolve the issue directly, and they may be able to submit a counter-notification under applicable law. We terminate the privileges of users who repeatedly infringe on intellectual property laws.

5. FEES AND PURCHASED ITEMS

 5.1. Purchases

 In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds (such virtual currency may bear different names in different games), all for use in Nordcurrent games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way.

REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.

Any prices, quotations, and descriptions made or referred to on our Services do not constitute an offer and may be withdrawn or revised at any time before Nordcurrent’s express acceptance of your order. To the extent permitted under applicable law, you agree to pay all charges, fees, and applicable taxes incurred by you or anyone else using your Account or resulting from the use of the Services on your device at the price(s) in effect when such charges occurred. Nordcurrent may change the pricing for the Services at any time consistent with applicable law. Nordcurrent reserves the right to notify you of any mistakes in product descriptions or errors in pricing before product dispatch. If that happens, and you choose to continue with fulfillment of the order, you acknowledge that the product or service will be provided in accordance with such a revised description or corrected price.

Nordcurrent may offer Virtual Items and other services through the “App Store”, “Google Play” or other external services authorized by Nordcurrent (each, an “External Service”, and any purchases made thereon, an “External Service Purchase”). External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.

Nordcurrent may offer different payment methods, such as credit card, direct debit, PayPal, etc., for Virtual Items through the Services (“Internal Purchases”). When you use third-party payment and billing providers, such as PayPal, that provider’s additional terms, conditions, and costs, apply. You must pay all federal, state, and local taxes associated with the receipt or use of the virtual items which you purchase from Nordcurrent.

YOU UNDERSTAND AND AGREE THAT NORDCURRENT WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY OR DIGITAL, IN-GAME ITEMS OR FOR THE USE OF SUBSCRIPTIONS UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THESE TERMS, OR THE SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW. FOR RESIDENTS OF THE EEA OR THE UNITED KINGDOM ONLY: YOU AGREE TO IMMEDIATELY RECEIVE THE DIGITAL PRODUCTS, INCLUDING VIRTUAL CURRENCY, DIGITAL IN-GAME ITEMS, AND ANY OTHER VIRTUAL CONTENT, AND TO WAIVE YOUR CANCELLATION AND REFUND RIGHT ONCE THE DOWNLOAD OR STREAMING OF THE DIGITAL PRODUCT HAS BEGUN. If an Account is permanently banned, all content licenses and Virtual Currency balances associated with the suspended Account are forfeited. Nordcurrent will have no obligation or responsibility to and will not reimburse you for any Virtual Currency, points, items, or experience lost due to your violation of these Terms of Service.

Nordcurrent may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Nordcurrent shall have no liability to you or any third party if Nordcurrent exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem, or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Nordcurrent, another user, or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD-PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

 5.2. Subscriptions

Nordcurrent may provide subscription-based Services that renew automatically until cancellation, as elaborated below. Monthly subscription periods will recur each calendar month on the date of your initial purchase; provided, however, that if your initial purchase occurs on a date that is not applicable in subsequent months, the monthly subscription will recur on the last calendar day of such months. Upon cancellation of your subscription, you will retain access to your subscription benefits until the conclusion of your subscription period, after which it will expire.

You can cancel your subscription any time before the next scheduled payment to avoid further charges. If you cancel your subscription, you will not receive a refund or credit, but you can continue to access all subscription benefits through the end of your current subscription period.

Nordcurrent may change subscription plans and the price of our Service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.

If you received a discounted promotional offer, your price may increase per the terms of that offer following the initial subscription period for any subsequent renewal period.

Subscription Services may include paid subscriptions to special features. These features are subject to modification, suspension, or discontinuation at our sole discretion. Certain features may also become temporarily unavailable from time to time.

If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the subscription benefits until we have successfully charged a subscription fee. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details.

If you initiate a chargeback or otherwise reverse a payment, without informing Nordcurrent, we may terminate your Account immediately at our sole discretion, on the basis that you have determined that you do not want a certain subscription.

Since our Services can be utilized without a subscription, canceling your subscription won’t delete your Account. To fully terminate your Account, you must follow the Account removal process outlined in Clause 2.2.

 5.2.1. External Subscriptions

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. Following your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically extend for the price and duration agreed upon during subscription.

To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your Account with us or if you have deleted the game from your device.

For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Nordcurrent. To cancel a subscription on an Apple device, you must visit your Apple App Store subscription settings (Settings – Apple ID – Subscriptions) and select “Cancel Subscription”, as further described at https://support.apple.com/en-us/HT202039.

Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a subscription on an Android device, you must visit the Google Play App’s subscription settings (Google Play – Profile – Payments & Subscriptions – Subscriptions) and select “Cancel Subscription”, as further described at  https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid . You can also request assistance at Google Play.

If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

 5.3.2 Internal Subscriptions

If your Internal Purchase includes an automatically renewing subscription, your selected payment method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.

To cancel an Internal Purchase subscription, log in to the game and go to the Account section. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

 5.3. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Nordcurrent may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT NORDCURRENT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 6. UPDATES TO THE SERVICES

You understand that the Service is an evolving one. Nordcurrent may require that you accept updates to the Service and to Nordcurrent games you have installed on your computer. You acknowledge and agree that Nordcurrent may update the Service and Nordcurrent games, with or without notifying you. You may need to update third-party software from time to time to receive the Service and play Nordcurrent Games.

7. DISCLAIMER OF WARRANTIES

WITHOUT LIMITING NORDCURRENT’S LIABILITY UNDER SECTION 8 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NORDCURRENT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION

NORDCURRENT 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 NORDCURRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NORDCURRENT SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO NORDCURRENT BY THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO NORDCURRENT DURING SUCH PERIOD, YOUR SOLE REMEDY (AND NORDCURRENT’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH NORDCURRENT IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Nordcurrent may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Nordcurrent’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF NORDCURRENT.

You agree to indemnify, defend and hold Nordcurrent harmless from any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

9. DISPUTE RESOLUTION AND LAW

9.1. Disputes Between You and Nordcurrent

If a dispute arises between you and Nordcurrent, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at support@nordcurrent.com. All disputes between you and Nordcurrent shall be governed by the laws of the Republic of Lithuania without regard to conflict of law provisions. You agree that any claim or dispute you may have against Nordcurrent must be resolved exclusively by a court located in Lithuania.

Different jurisdictions may apply based on your residence. In instances where applicable laws or regulations in your jurisdiction provide for specific legal requirements or protections, those laws may govern certain aspects of your relationship with Nordcurrent. You are encouraged to familiarize yourself with the legal framework that applies to you based on your residence.

 9.2. Disputes Between User and Creators

If a User has any issues with User Content created by Creators, the User should first contact the Creator directly to resolve the issue.

While Nordcurrent is not responsible for these types of issues between Users and Creators, Nordcurrent wants to make sure that everyone enjoys the Services. As a result, Nordcurrent has the right (but not obligation) to intervene in issues between Users and Creators so that Nordcurrent can try to help resolve them. Before escalating any issues between a User and Creator to Nordcurrent, Users should first make a real, genuine effort to work out a solution with the Creator. If the User does not succeed, the User may escalate the issue to Nordcurrents’s customer support site at support@nordcurrent.com. If Nordcurrent chooses to take action in any dispute between a User and Creator, the User and Creator agree that Nordcurrent’s decision is final, and Creator and User will accept that decision. The user agrees to work with Nordcurrent in a timely manner to resolve all such issues, and failure to do so is a violation of these User Terms.

 10. SEVERABILITY

You and Nordcurrent agree that if any portion of these Terms of Service, Creator’s Terms, or of the Nordcurrent 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.

11. GENERAL PROVISIONS

 11.1. Assignment

 Nordcurrent may assign or delegate these Terms of Service, Creator’s Terms, and/or the Nordcurrent 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, Creator’s Terms, or Privacy Policy without Nordcurrent’s prior written consent, and any unauthorized assignment and delegation by you are ineffective.

11.2. Supplemental Policies

Nordcurrent may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

11.3. Entire Agreement

These Terms of Service, any Supplemental Policies, and any documents expressly incorporated by reference herein (including the Nordcurrent Privacy Policy and Creator’s Terms), contain the entire understanding of you and Nordcurrent, 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 concerning the Service.

11.4. No Waiver

The failure of Nordcurrent to require or enforce strict performance by you of any provision of these Terms of Service, Creator’s Terms, or the Nordcurrent Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Nordcurrent’ right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Nordcurrent of any provision, condition, or requirement of these Terms of Service, Creator’s Terms, or the Nordcurrent Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

Except as expressly and specifically outlined in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Nordcurrent 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 Nordcurrent.

11.5. Notices 

We may notify you via postings on www.nordcurrent.com, and via e-mail or any other communications means you provide to us for contacting you. All requests sent by you notices given by you or required from you under these Terms of Service, Creators Terms, or the Nordcurrent Privacy Policy shall be in writing, submitted in the English language by certified mail, and addressed to Nordcurrent Group UAB, Savanoriu ave. 61, Vilnius, Lithuania. Any notices or requests that you provide without compliance with this Section on Notices shall have no legal effect.

 11.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Nordcurrent are of a unique and irreplaceable nature, the loss of which shall irreparably harm Nordcurrent and which cannot be replaced by monetary damages alone so that Nordcurrent shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Nordcurrent game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 8 (if any).

11.7. Force Majeure

Nordcurrent shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Nordcurrent, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Nordcurrent’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Nordcurrent’s Creator Terms

Creator Terms (the “Creator Terms”) set forth the additional rules and guidelines for Creators – those users who create content and publish it on the Services using the “Pocket Styler Studio”- a free software tool that allows Creators to create, develop, modify, operate, and release User Content on the Services. Creators shall comply with these Creator Terms as well as Terms of Service, Privacy Policy, and any other terms, and policies related to the Services and adopted by Nordcurrent.

 1. INTELLECTUAL PROPERTY

 1.1. Rights to Nordcurrent’s Services

1.1.1. Pocket Styler Studio Ownership & License.Nordcurrent owns or controls all rights in Pocket Styler Studio and all elements contained therein. Subject to the Creator’s compliance with these Creator Terms and Terms of Service, Nordcurrent grants Creator a non-exclusive, revocable, non-sublicensable, and non-transferable license to use Pocket Styler Studio solely for the purpose of creating, developing, modifying, uploading, and releasing Creator’s User Content on the Services (the “Pocket Styler Studio License”). Creator may only use Pocket Styler Studio in a way consistent with these Creator Terms and Terms of Service and using a Pocket Styler Studio does not give Creator any ownership rights in the Pocket Styler Studio or any of its elements.

1.1.2. Template Ownership & License.“Templates” are made available by Nordcurrent (generally via Pocket Styler Studio) and serve as a starting point that Creators can use to create User Content more easily. Nordcurrent owns or controls all rights in all Templates and all elements contained therein and makes Templates available to Creator under the Pocket Styler Studio License. Creator may only use Templates in a way consistent with these Creator Terms and Terms of Service and using a Template does not give Creator any ownership rights in that Template.

Other Nordcurrent Content Ownership & License. Subject to Creator’s compliance with the Creator Terms, Nordcurrent grants Creator a non-exclusive, limited, revocable, non-transferable license to use other content that Nordcurrent develops and makes available on the Pocket Styler Studio solely for use on the Pocket Styler Studio in Creator’s User Content (the “Other Content License”). Creator will not be entitled to any payment or other compensation for Creator’s use of any content (including any such content that Creator may modify or enhance) that Nordcurrent has created or developed or otherwise uses on the Pocket Styler Studio and/or Services.

Termination of Licenses to Creator.Nordcurrent reserves the right to terminate the Pocket Styler Studio License, Template License, Other Content License, as well as any other licenses at any time and for any reason.

 1.2. Rights to User Content

Rights to User Content and License to Nordcurrent. For any User Content that Creator has ever created or will create and makes available through the Services (whether created solely by Creator or together with others), Creator grants Nordcurrent a perpetual, worldwide, exclusive, royalty-free right and license (with the right to sublicense to any person or entity, whether a user of the Services or not) to host, store, transfer, translate, localize, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, enhance, distribute, and use the User Content that Creator uploads or makes available on the Services in whole or in part (and any trademarks owned or controlled by Creator that are associated with and uploaded to Nordcurrent by the Creator for use with Creator’s User Content) in connection with the Services and otherwise as solely permitted by these Terms of Service. This includes but is not limited to the right to sublicense to other Users or Creators the right to host, store, transfer, translate, localize, publicly display, publicly perform, reproduce (including in timed synchronization to visual images), modify, enhance, distribute, and use the User Content on the Services and in connection with the Services as well as right and license to use your User Content in any and all media, Services, Games, in any manner and for any purpose (including without limitation commercial, advertising, and promotional purposes) to the greatest extent permitted by applicable law. To the extent permitted by applicable law, you waive any moral rights of paternity, publication, reputation, or attribution concerning Nordcurrent’s and other players’ use and enjoyment of User Content in connection with the Services. The license grant to Nordcurrent, and the above waiver of any applicable moral rights, survives any termination or expiration of the Terms. Creator also agrees (i) to make the User Content available on the Services (and to make the Services themselves available); and (ii) in any media or channel of distribution now known or hereafter developed in connection with the publicity and marketing of the Services or Nordcurrent as permitted herein, even if Creator has exercised a right to be forgotten under the GDPR or equivalent right under other privacy laws (collectively, the “User Content License”). Nordcurrent’s right to market and advertise the Services or Nordcurrent using Creator’s User Content (an “Ancillary Use”) will not include using such User Content in marketing and advertising that is focused solely on promoting Creator’s User Content (as reasonably determined by Nordcurrent) as part of the Services without Creator’s approval, but Nordcurrent can generally reference, as determined by Nordcurrent, Creator’s User Content with other User Content or material (and without Creator’s approval) to promote, market or advertise the Services or Nordcurrent. Nordcurrent may also use Creator’s User Content for non-commercial and educational uses to promote the Services (and Nordcurrent will reasonably determine whether a use is non-commercial or educational). Nordcurrent is not required to give Creator any attribution or compensation for any reason nor Nordcurrent is required to use the license Creator grants in this Section or exploit any of the rights granted herein. Creator retains the right to delete or update any or all content within a Pocket Styler Studio at any time and at Creator’s discretion (and Creator will delete or update such content if required by law) provided that regardless of any such update or deletion having occurred, and regardless of any termination of these Creator Terms or termination or suspension of Creator’s Account: (i) Virtual Items created by Creator which were validly purchased or otherwise validly obtained by Users may continue to be accessed and used by such Users indefinitely following and subject to the terms and policies of the Services; and, (ii) Nordcurrent’s right to use any User Content or other content that is already in use by Nordcurrent under a license or otherwise following these Nordcurrent Terms or already in use by Nordcurrent as part of an Ancillary Use shall continue in perpetuity. Where Creator’s Virtual Items are sold or otherwise provided to a User, Creator agrees that according to the rights granted to Nordcurrent herein and regardless of whether the Virtual Items were sold or provided to a User, Nordcurrent may allow the User to continue to access and use such Virtual Items indefinitely (following and subject to the terms and policies of the Services) even if the Virtual Items are no longer otherwise accessible on the Pocket Styler Studio. Nordcurrent’s rights under this license shall expressly survive if Creator’s Account is terminated.

1.2.1. Through-To-The-Audience Rights.The rights Creator grants in these Creator Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services won’t have separate liability to Creator or anyone else for User Content that Creator has made available on the Services or used on those third-party services via Nordcurrent’s Services.

1.2.2. Ownership or Authorization Required to Upload.Creator must not upload or otherwise make any User Content available on the Services if Creator is not the owner of or is not fully authorized to grant rights in all parts of that User Content. Without limiting the Creator’s obligations under these Creator Terms (and all other obligations outlined in the Terms of Service), Creator agrees to pay all amounts owed to any person as a result of the Creator uploading or making User Content available on the Services.

1.2.3. Suspension of User Content Availability.Nordcurrent may at its discretion suspend the availability of or delete any User Content or other content on the Services at any time and for any period, including in perpetuity, without notice if such User Content or other content violates intellectual property principles or any guidelines or policies associated with the Services or if Nordcurrent determines in its discretion that any User Content does or may cause harm to the Services or Nordcurrent’s reputation. Nordcurrent is under no obligation of any kind to Creator for suspending any User Content.

Right to Remove Inactive Creator Content: Nordcurrent also reserves the right to remove User Content from the Pocket Styler Studio for inactive Creators. Inactivity shall be defined as a Creator’s failure to sign in to the Pocket Styler Studio for a continuous period of one year (i.e., 365 days). In such cases, Nordcurrent shall issue a notice to the Creator’s email or other agreed-upon communications 335 days after the last sign-in, informing them of the impending removal of their User Content in 30 days if the Creator does not return to activity. For clarity, under this clause, Nordcurrent shall only remove User Content projects from the Pocket Styler Studio that have not yet been exported to the Pocket Styler Game.

This Clause does not waive Nordcurrent’s right to suspend or delete User Content for other reasons detailed in these Terms of Service.

1.2.4. Limitations on Use of User Content. Creator shall in no event use Creator’s User Content (in any medium or format, including on the Services or offline): (i) in a manner that is offensive, defamatory, sexually explicit, or otherwise objectionable, (ii) in connection with false, defamatory, libelous or slanderous statements concerning Nordcurrent or otherwise in a manner intended or reasonably likely to disparage Nordcurrent or bring Nordcurrent into public disrepute, or (iii) in a manner which is intended or reasonably likely to suggest or imply that Creator is affiliated with Nordcurrent or that Nordcurrent endorses Creator or its use of the applicable User Content; (iv) to promote unauthorized sweepstakes or contest; and will not promote a lottery, or gambling of any type; (v) to prevent or impede other users finding information related to the Services; (vi) to facilitate or promote conduct that in the sole discretion of Nordcurrent involves illegal content, pornography, piracy, online pharmacies, illegal drugs, underage drinking, or socially irresponsible behavior due to alcohol or drug consumption (such as drinking and driving); (vii) to Instruct users how to make bombs, weapons, drugs, illegal or illicit or dangerous items, or solicit involvement in behavior or organizations that are violent or illegal under applicable laws, including without limitation terrorist threats or activities; and (viii) to bully, stalk, troll, harass or intimidate or depict, glorify, promote such behavior; (ix) to demean, threaten, or attack individuals or groups, or encourage others to do so directly or indirectly on the basis of their race, perceived race, or ethnicity; national origin; sexual orientation; gender, gender identity, or gender expression; religions or religious affiliation or beliefs; age, physical or mental disability; familial status; (x) to swear in text, images or uploaded content, including using misspellings, special characters, or other methods to evade detection of profanity, profanity in different languages; (xi) to post or depict any information related to current candidates running for public office, including their slogans, campaign material, rallies, or events; political parties, specific races for elected office, sitting real-world elected officials, previously-elected officials in their official capacity, individuals who have previously run for political office their capacity as candidates, desecration of political entity symbols, including flag burning, inflammatory content related to real world border, territorial, or jurisdictional relationships; (xii) to support, glorify, or promote any terrorist or extremist organization and their actions, including depictions of or support for terrorist or extremist attacks or terrorist acts, depictions of or support for the leaders of terrorist organizations, depictions of the slogans, images, flags, or icons of terrorist organizations, recruiting membership for a terrorist or violent organization, or encouraging others to leave Nordcurrent Service to find such information, fundraising for terrorist or extremist organizations, people, or group; (xiii) to post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive as well as use religious symbols in a disrespectful way; (xiv) to make any references to specific countries, nations, or territories, including, but not limitted to, flags, coats of arms and other symbols, whether directly or indirectly, in any content, communication, or interaction through the Service.

1.2.5. No obligation to use the User Content. Creator acknowledges that Nordcurrent may, through the Services, display, host, and sell the User Content created by Creator to be enjoyed by other Users through the Services, however, the Creator is aware that it is Nordcurrent’s right not an obligation, and Nordcurrent shall decide on its discretion whether the Creator’s User Content shall be displayed, hosted or sold on the Services, or not.

2. Creator Economics

2.1. License to Virtual Currency. Creator’s license to use Virtual Currency in connection with the Services is outlined in Section 5 of the Terms of Service.

2.2. Selling on the Services. Creator acknowledges that Nordcurrent may, through the Services, display, host, and sell the User Content created by Creator to be enjoyed by other Users through the Services. Nordcurrent may make available Creators User Content for sale to other Users in the Services. The Virtual Currency received from the sale of the User Content belongs to Nordcurrent, however, Nordcurrent may allocate some of these funds to the Creator at its discretion.

2.3. Changes to the Virtual Currency Allocation. Nordcurrent can, at any time, without prior notice and with no obligation to any Creators (1) change the Virtual Currency Allocation, (2) change the price for the Creator’s User Content, (3) stop selling the User Content, (4) erase the User Content from the Services.

2.4. Returning Virtual Currency to a User. If Nordcurrent returns Virtual Currency to a User for a Virtual Item, that a Creator received Virtual Currency for, Nordcurrent has the right to deduct or withhold an equivalent amount of Virtual Currency from such Creator.

 3. Restrictions on the Use of Services

In addition to any other restrictions outlined in the Terms of Service, Creator will not take any action in violation of these Creator Terms, including as set forth therein:

3.1. No copying. Nordcurrent wants all Creators to develop their own ideas. Unless Creator has express written permission or a written license from whoever created the content or the User Content to publish the User Content or the content on the Services following these Creator Terms, Creator must not copy something Creator sees on the Services or make some minor changes to others’ User Content and pass it off as Creator’s own. Nordcurrent reserves the right to take any action against Creator for any improper copying such as deleting Creator’s Account.

3.2. No modifications of Software. Nordcurrent provides the Creators with a free software tool that allows Creators to create, develop, modify, operate, and release User Content on the Services. The Creators will not attempt to change, modify, damage, or destroy Nordcurrent software nor shall create or try to create their tool and/or software for User Content creation within the Services.

4. CREATOR’S REPRESENTATIONS & WARRANTIES

The creator is responsible for Creator’s User Content and represents and warrants that: (a) Creator is the creator and owner of, or has the necessary rights and permissions, to use and to transfer to Nordcurrent the Virtual Items; (b) Creator’s User Content and the use of Creator’s User Content as described in these Creator Terms does not and will not: (i) infringe, violate, or misappropriate any third-party right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) require Nordcurrent to get licenses from, or pay compensation or provide attribution to, any third parties; (iv) result in a breach of contract between Creator and a third party; or (v) cause Nordcurrent to violate any law or regulation; and (c) Creator will comply with all applicable laws, rules, and regulations and Nordcurrent’s Terms in Creator’s use of the Services.

5. CREATOR’S INDEMNITIES

Creator agrees that Creator will be responsible for Creator’s use of the Services, and Creator agrees to defend and indemnify Nordcurrent and Nordcurrent’s officers, directors, employees, consultants, affiliates, investors, business partners, subsidiaries, and agents (together, the “Affiliated Parties”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) Creator’s access to, use of, or alleged use of the Services; (b) Creator’s violation of any part of these Creator Terms, any representation, warranty, or agreement referenced in these Creator Terms, or any applicable law or regulation; (c) Creator’s violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any dispute or issue between Creator and any third party. Nordcurrent reserves the right, at Nordcurrent’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by Creator (without limiting Creator’s indemnification obligations concerning that matter), and in that case, Creator agrees to cooperate with Nordcurrent’s defense of that claim.

6. LIMITATION OF LIABILITY – as described in the Terms of Service.

7. SURVIVAL

Any part of these Creator Terms which by their nature should survive the termination of these Creator Terms will survive such termination, including Sections 1.2, 3, 4, 5, 6, but not limited to.

PRIVACY POLICY

Nordcurrent is committed to providing enjoyable and fun games and applications across a wide variety of devices, such as smartphones, tablets, personal computers, and video game consoles. This Privacy Policy applies to Nordcurrent games, stores, websites, mobile apps, and related services (the “Service”). We may periodically update this Privacy Policy by posting a new version on nordcurrent.com. If we make any material changes, we will notify you as required under applicable law, including by posting a notice in the Service before the change becomes effective. Your continued use of the Service after the effective date will be subject to the new Privacy Policy.

We take personal data protection very seriously. Nordcurrent follows the generally accepted industry personal information protection standards. Please note that information that you voluntarily make public in your Account, or that you disclose by posting comments will be publicly available and viewable by others. We do not hold any liability for any information that you voluntarily choose to be public through such and/or other explicit actions.

By using the Services you agree to observe and be bound by this Privacy Policy and you consent to the processing, collection, use, and disclosure of your information and data following its terms. Please do not use the Services if you do not agree to this Privacy Policy.

1. Nordcurrent collects and processes personal data for the following purposes:

 

  • To make the Service work

To perform the contract, we process the data necessary to: create accounts and allow you to play our games and use our Services, operate the Service; verify and confirm payments; provide and deliver products and services you requested, and send you Service-related communications.

  • To make the Service more suitable for our users

To provide a great Service to our users, we have a legitimate interest to collect and process necessary data to update and develop users’ accounts, develop and improve the Service and users experience, manage our relationship with you, respond to your comments and questions and provide users support, provide you Nordcurrent offers in the Service as well as in other websites and services, send you related information, such as updates, security alerts, support messages, enable you to communicate with other users.

  • To show personalized advertisements

To show you personalized advertisements in the Service and elsewhere (including email), we have a legitimate interest to process necessary data to track the content you access in connection with the Service and your online behavior and improve our advertising and the Service. We may communicate our news, updates, exclusive offers and other advertisements with you, as well as send shopping and browsing reminders via email, either with your explicit consent or if applicable based on legitimate interest.

For information on how to opt-out from personalized advertisements, see section ‘Your Rights and Options’ below.

  • To keep the Service safe and fair

To keep our Services and their social features safe and fair, and to fight fraud, we have a legitimate interest to process necessary data to analyze and monitor the use of the Service and its social features, moderate chats either automatically or manually, and take actions against fraudulent or misbehaving users.

  • To analyze, profile and segment

For all the above-mentioned purposes, we may analyze, profile and segment all collected data.

  • We may process your data for additional purposes with your consent

2. The data we collect

When you use our Services, we collect the following information:

Data that you provide us directly:

  • Basic Account Data – when setting up an Account, Nordcurrent will collect your e-mail address. You are also required to choose a username and a password. You must not create a username that includes your real name. It is also important to create a password that is not easy to guess.
  • Profile information (such as profile photo);
  • Transaction and Payment Data – to make a transaction, you may need to provide payment data to Nordcurrent to enable the transaction. If you pay by credit card, you need to provide typical credit card information (name, address, credit card number, expiration date, and security code) to us, which we will process and transmit to the payment service provider of your choice to enable the transaction and perform anti-fraud checks. Likewise, Nordcurrent will receive data from your payment service provider for the same reasons.
  • Your messages and other content you submit (in forums, chats, or when you provide feedback to Us or other users generated content) when you use the Services;
  • Other data you choose to give us – for example, if you contact us, about a problem with our services, we may collect your contact information, such as your email address and other important information about your issue or concern. We will only use this information to solve your problem/concerns and to be able to reply to you.

Data we collect automatically:

  • Data about your Account and game progress;
  • Information about your device (including device model, device ID, OS version, and operator’s name);
  • Time and date of the connection to the game and/or Service;
  • IP and MAC address, approximate location data (as derived from IP address);
  • Cookies and similar technologies information;
  • Data about your use of the Services such as session information (time, duration), in-game information (e.g., Player Level, currency balance), purchases made, and your interactions with other players inside the Service.

Data we collect from our partners (such as social networking sites, data analytics providers, advertising networks, etc.):

  • Data we receive if you link a third-party tool with the Service (such as Facebook);
  • Demographic data (such as to determine the approx. location of your IP address);
  • Data from platforms that the games run or data from payment service providers (such as payment verification data);
  • Data for advertising and analytics purposes;
  • Data that you have made available for us from a third-party service via your privacy settings.
  1. Who can see your data

 

By installing and playing the game, you agree with the relevant privacy policies of all the above SDK providers.

Nordcurrent is not responsible for any action or omission of a third party. If you want to make a request or claim against such a third party, you should contact them directly. Any responsibility for possible hacking of servers is borne by service providers (Hezner, OVH, Amazon, and others).

Generally, the Service automatically collects usage information, such as the numbers and frequency of visitors to our Service and how they use the various components of the Service. CMC (Computer-mediated communication) only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how users use parts of the Service so that we can make them appealing to as many users as possible and improve those Services.  As part of this use of information, we may provide aggregate information to our partners about how our users, collectively, use our Services.  We may share this type of statistical data so that our partners also understand how people use the Services, so that they, too, may provide you with an optimal user experience. Again, CMC never discloses information to a partner in a manner that would identify you personally.

Your information with limited access rights (including personal information) can only be accessed by our authorized employees or consultants or the concerned group entities, and third-party service providers, that need to have access to this data to be able to fulfill their given duties. However, we shall take appropriate organizational and technical measures to protect your personal data. We reserve the right to disclose your personally identifiable information as required by any law and when we believe that disclosure is necessary to protect our rights and/or to comply with judicial proceedings, court orders, or legal processes

4. Your rights and options

  • Opt-out of marketing emails and other direct marketing – you may opt-out of receiving promotional communications by following the instructions in such communications, or by changing your in-game settings. The updated settings may not be effective immediately. Note that you may still continue to receive non-promotional communication from us;
  • Opt out from receiving push notifications through our mobile application by changing the settings on your mobile device;
  • Opt-out of targeted advertising – you can opt-out of interest-based advertising on mobile applications by checking the privacy settings of your Android or iOS device and turning off “Allow Apps to Request to Track” or selecting “Limit Ad Tracking” (Apple iOS) or “Opt-out of Interest Based Ads” (Android). You can also opt-out from personalized in-game offers through the options provided in the game settings (where applicable);
  • You have a right to access the personal data we hold about you;
  • You also have the right to correct your data, have your data deleted, object to how we use or share your data, right to lodge a complaint and restrict how we use or share your data. You can always withdraw your consent.

5. Contact information

If you wish to exercise any of your data subject rights described above, please contact us by email: privacy@nordcurrent.com. We will respond to all requests following applicable laws. To protect your privacy, we may also take additional steps to verify your identity before fulfilling your request, such as by requesting you provide us a purchase receipt or other account information, asking you to link your email address with your game account, or asking you to answer questions regarding your activities on our Services. You have the right not to receive discriminatory treatment as a result of your exercise of these rights.

-If you are located within the EEA area, and should you be willing to request to receive and check the personal data that we have collected, you must send us a letter by emailing privacy@nordcurrent.com.

– After you submit the aforementioned request, you will receive detailed instructions from us on the following steps. This request will be processed within the timeframe stipulated in the GDPR, by the same means as you have submitted the request (to the email address from which it has been received). Nordcurrent is responsible for data protection till the data is sent out from our email address, and you must take care and responsibility to protect your data after the email with your data has been sent from our server.

-The same procedure is applied to the other rights specified in GDPR, namely the right to rectification, right to erasure, right to restriction of processing, as well as other rights of yours as foreseen by GDPR.

-If you want us to erase your data, you should email us at privacy@nordcurrent.com. After you submit the aforementioned request, you will receive detailed instructions from us on the following steps. You should note, that the whole Account will be deleted in such a case (including any purchased items), with no possibility to restore any progress or data of the user.

6. How long do we store data:

We will only store your information as long as necessary to fulfill the purposes for which the information is collected and processed or – where the applicable law provides for longer storage and retention period – for the storage and retention period required by law. After that your personal data will be deleted, blocked, or anonymized, as provided by applicable law.

Note that if you ask us to remove your personal data, we will retain your data as necessary for our legitimate business interests, such as to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. Cookies, signals, and similar technologies

Please find our Cookie Policy which describes the use of Cookies in our Services here.

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By installing any Nordcurrent game you confirm that you have read, understood, and accepted the Terms of Service, Cookie Policy, Creators Terms, and Privacy Policy.