Terms of service
DIGITAL SERVICES AGREEMENT
Last Updated: 1 May 2010
1. Scope of Agreement. This Agreement governs your purchase of Nordeus tokens, wildcards or any of our other virtual currencies (each individually or collectively referred to in this Agreement as “Nordeus Virtual Currency“) and any of our products and services through which you can purchase or use the Nordeus Virtual Currency (“Nordeus Services“). In this Agreement, the term “you” means you the customer; and the terms “Nordeus” , “we“, “us” and “our” means Nordeus LLC, a company registered in Serbia with Registered No. 20622849, VAT No. RS 106525606 and registered office address at 189 Ustanicka Street, 11 000 Belgrade, Serbia. Please print out copies of this document for your records when completing any purchase of Nordeus Virtual Currency. By selecting the “I agree to the Terms of Service and Digital Services Agreement” checkbox, you agree that your use of Nordeus Virtual Currency, Nordeus Services and all related content is subject to this Agreement.
2. Revised Terms. We may revise this Agreement at any time and the revisions will apply to all subsequent purchases of Nordeus Virtual Currency and the subsequent entitlements to content that you receive by using Nordeus Virtual Currency. When we revise this Agreement, we change the “Last Updated” date above. Each time you purchase Nordeus Virtual Currency you agree that you will review the terms of this Agreement. If you don’t agree to the changes, you should stop using the Nordeus Services.
3. Nordeus Registration. If any of the Nordeus Services require you to open an account (a “Nordeus Account“), you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates this Agreement or the NORDEUS Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by us). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by NORDEUS or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
Where the Nordeus Services utilise the account management of a social networking website (such as Facebook or MySpace), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account.
4. Nordeus Virtual Currency License. Nordeus Virtual Currency can be purchased via the Nordeus Services. We may also award Nordeus Virtual Currency in connection with promotions and as part of Nordeus tournaments. When you purchase Nordeus Virtual Currency you agree to pay taxes that NORDEUS assesses on your purchase. By purchasing or otherwise acquiring Nordeus Virtual Currency as set out above, you obtain a limited license to access and select from content that we expressly make available as part of the Nordeus Services (the “Nordeus Content“). Nordeus Virtual Currency has no monetary value and does not constitute currency or property of any type. Nordeus Virtual Currency may be redeemed for Nordeus Content only. Nordeus Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for the Nordeus Content. Nordeus Virtual Currency is non-refundable. You are not entitled to a refund for any unused Nordeus Virtual Currency.
5. Nordeus Virtual Currency Term. The term of your Nordeus Virtual Currency license starts when you acquire Nordeus Virtual Currency and, subject to this Agreement, ends the earlier of the second anniversary of the date of purchase or award (as the context requires and applicable to each individual purchase or award) and the day that your access to the Nordeus Services is cancelled, suspended or terminated as set forth in this Agreement.
6. Purchase Process. To purchase Nordeus Virtual Currency, (i) follow the Nordeus Services instructions on the applicable website (ii) sign into your Nordeus Account if required (or create a Nordeus Account if required); (iii) provide your billing information; and (iv) confirm the details of what you are purchasing and that you have read and accept the NORDEUS Terms of Service and this Digital Services Agreement. If you decide to purchase subscription-based Nordeus Services, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes.
7. Pricing. The price payable by you (the “Price“) is the price indicated on the applicable website for the Nordeus Services. If you are resident in Europe, the Price includes any applicable VAT. We reserve the right to change the Price and specifications shown in relation to the Nordeus Services. If the price or specification published on the applicable website for the Nordeus Services is materially incorrect when you place an order for those products or services and you contact us to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.
8.Payment. You may pay for Nordeus Virtual Currency either by credit card or by using the services of any alternate billing and payment provider (such as PayPal, Fortumo, Trialpay, Paymo and PayByCash) that we identify on the applicable website. If you pay for Nordeus Virtual Currency by credit card, then you must supply your credit card details when you place your order. We will not supply any products or services to you until your credit card issuer or alternative billing and payment provider has authorized the use of your card or other applicable method for payment. If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party provider’s terms & conditions, which are available from the provider. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. Costs associated with accessing the Nordeus Services depends on your Internet Service Provider. Please see your Internet Service Provider’s terms and conditions.
9. Performance of the Contract. Nordeus Virtual Currency is available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from NORDEUS, you have the right to withdraw from your purchase within fourteen calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, please note that you will lose your right of withdrawal if the performance of the services has begun before the end of the Cooling Off Period. Accordingly, please note that if you purchase Nordeus Virtual Currency from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed. This Agreement does not confer any rights or remedies upon any person other than the parties to this Agreement. You may also have additional rights under applicable law.
10. Use and Expiration of Nordeus Virtual Currency. During the term of your license, you have the right to redeem Nordeus Virtual Currency for selected Nordeus Content. We do not guarantee that any particular item offered as part of the Nordeus Services will be available at all times or at any given time. We do not guarantee that we will continue to offer particular items for any particular length of time. We reserve the right to change and update our inventory of Nordeus Content without notice to you. If you have not used your Nordeus Virtual Currency twelve (12) months or more and your account has a Nordeus Virtual Currency balance, your Nordeus Virtual Currency shall expire and your account may be cancelled for non-use. Once you — or we as set forth below — have redeemed Nordeus Virtual Currency for Nordeus Content, that content is not returnable, exchangeable, or refundable for Nordeus Virtual Currency or for cash, or other goods or services.
11. Nordeus Content. When you acquire Nordeus Content, you receive a limited license to use Nordeus Content for your personal non-commercial use with any specified permitted Nordeus Services that we identify from time to time. NORDEUS reserves all right, title and interest in Nordeus Content and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of NORDEUS in the Nordeus Content and does not include any rights to other patents or intellectual property. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Nordeus Content.
12. Nordeus Virtual Currency Availability. Nordeus Virtual Currency may only be held by legal residents of countries where access to and use of the Nordeus Services is permitted. Nordeus Virtual Currency may be purchased or acquired only from NORDEUS through means we provide on the applicable website(s) or otherwise expressly authorize. NORDEUS reserves the right to refuse your request(s) to purchase and/or acquire Nordeus Virtual Currency, and NORDEUS reserves the right to limit or block any request to purchase and/or acquire Nordeus Virtual Currency for any reason.
13.Cancellation and Suspension. We can cancel or suspend your access to Nordeus Virtual Currency, the Nordeus Services or your Nordeus Account, in our sole discretion and without prior notice, if (a) you fail to comply with this Agreement or the NORDEUS Terms of Service; or (b) if we otherwise suspect fraud or misuse of Nordeus Services and/or Nordeus Virtual Currency, or any other unlawful activity associated with an account membership registered to or used by you.
14. Termination of Services. You agree that NORDEUS may stop making Nordeus Virtual Currency and the Nordeus Services available, at any time, without any liability to you. If we stop supporting the Nordeus Services, we will provide at least sixty (60) days advance notice to you by posting a notice on Nordeus.com.
15. Disclaimer of Warranties. THE NORDEUS SERVICESARE PROVIDED ON AN “AS IS” BASIS. NORDEUS MAKES NO WARRANTIES WITH RESPECT TO THE NORDEUS SERVICES, THE NORDEUS CONTENT OR NORDEUS VIRTUAL CURRENCY. TO THE EXTENT PERMITTED BY LAW, NORDEUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON?INFRINGEMENT. NORDEUS DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE NORDEUS SERVICES, ANY ACCOUNTS OR SUPPORTING SYSTEMS AND WEBSITES (COLLECTIVELY, “NORDEUS SERVICES“) WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE NORDEUS SERVICES WILL BE CORRECTED, OR THAT THE NORDEUS SERVICES OR THE SERVERS THAT MAKE THOSE NORDEUS SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability. NORDEUS SHALL HAVE NO LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE NORDEUS SERVICES, THE NORDEUS VIRTUAL CURRENCY, OR THE NORDEUS CONTENT EVEN IF NORDEUS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall NORDEUS’s aggregate liability under this Agreement exceed the amount actually paid by you for Nordeus VIRTUAL CURRENCY. Notwithstanding the foregoing, nothing contained in THIS AGREEMENT limits NORDEUS’s liability to you for fraudulent misrepresentations, death or personal injury caused by NORDEUS’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
17. Reservation of Rights. NORDEUS reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of this Agreement. Our failure to enforce this Agreement in every instance in which it is entitled does not amount to a waiver of NORDEUS’s rights.
18. Electronic Contracting. You acknowledge and agree that by clicking the ?purchase? (or similar) button when you place your order, you are placing a legally binding offer. You consent to: (i) the use of electronic communications to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online. You have the right to withdraw this consent, but if you do, we may cancel your access to the Nordeus Services. If you do not consent to receive any notices electronically, you must stop using the Nordeus Services. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.