Conditions générales

PURPOSE OF THIS TERMS & CONDITIONS

These Website Terms and Conditions (hereinafter the “Terms”) disclose and regulates your rights and obligations within the scope of your use of this https://nuxgame.com/ Website (hereinafter the “Website”) and the relationships by and between you and Nuxgen B.V. Whenever visiting or using the Website, you hereby confirm and signify that you have acquainted and agreed to be bound by these Terms. Every action on the Website that you made via use of your Internet connection or electronic device, unless proven otherwise, shall be deemed as actions done by you.

Nuxgen B.V. (153051) a company duly incorporated under the laws of Curacao having its registered address at Fransche Bloemweg 4, Willemstad, Curacao (hereinafter, the “NuxGame”, “we”, “us”, “our”).

For any inquiry or questions as of this Terms, please, contact us via email address [email protected].

TERMS UPDATES & REVISION

These Terms were last updated on May 25th, 2021.

These Terms can be changed, amended or modified for any reason and without any prior notices. If any changes, amendments or modifications will arise, the revised version of the Terms will be provided on this Website with the respective Terms date change. It is your sole responsibility to check Terms before start of use of this Website. Your continuation of use of the Website after these Terms have been revised will be considered as a fact of confirmation that you have acquainted and agreed to be bound by the revised Terms.

1. GOVERNING LAW & CONDITIONS OF THE WEBSITE USE

These Terms shall be governed by, and construed in accordance with the laws of the Curacao. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the Curacao.

USE CONDITIONS & RESTRICTIONS

The Website can be used only for lawful purposes and in accordance with these Terms, under which you agree not to use the Website in the way described and explained below:

• In any way that violates any applicable national/local or international law or regulation.
• In any possible way or manner which involves or may involve transmitting or sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar and/or identical unauthorized and/or illegal materials.
• In any possible way or manner which involves or may involve impersonating or attempt to impersonate the NuxGame or any of its employee, another visitor or any other person or entity (including, without limitation, by using e-mail addresses associated with any other person).
• In any possible way or manner which involves or may involve engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and/or its digital assets, or which, as determined by NuxGame, may harm the NuxGame or visitors of the Website or expose them to liability.
• In any possible way or manner which is or may be considered as defamatory, harassing, pornographic, embarrassing, vulgar, malicious, harmful, threatening, indecent, derogatory, discriminatory, untrue, political, abusive, sexist, hateful, offensive, menacing, obscene, racist, profane.

In addition to the above-mentioned restriction, you are also agreeing with prohibition of:

• All and any use of already developed or possible to be developed in the future robot, spider or another automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• All and any use of already developed or possible to be developed in the future any manual or automated process to monitor or copy any of the material on the Website or for any other unauthorized purpose without NuxGame prior written consent and approval.
• All and any use of the Website in any possible way or manner which could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including but not limited to their ability to engage in real time activities through the Website.
• All and any use of already developed or possible to be developed in the future device, software or routine that interferes with the proper and/or stable work of the Website.
• All and any type of malware of the Website with already developed or possible to be developed in the future via viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• All and any possible attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website and/or the server on which the Website is stored, or any server, computer or database connected to the Website or its Third Parties.
• Otherwise attempt to attack and/or interfere the proper work of the Website.

ILLEGAL USE REPORTING

If you have any documentary (including but not limited to any audio, video or photo evidence) of illegal or unlawful use of the Website or any of part of the Website, please, inform us on the email address mentioned in these Terms.

2. INTELLECTUAL PROPERTY RIGHTS

The trademark, copyright and other intellectual property rights including but not limited to all information, data, codes, interfaces, texts, drawings, design, publications, artworks, pictures, photographs, music, images, graphics, and materials (hereinafter the “Intellectual Property”) that are displayed or otherwise presented on the Website are owned by the NuxGame or provided to the NuxGame by its suppliers, clients or licensors, unless otherwise provided and/or explained in these Terms. 

The above-mentioned Intellectual Property and/or any related materials from the Website can be used by the user on its device based on following conditions:

• The Website and any Intellectual Property and/or any related materials it contains, can be used only for your personal, internal and private use only.
• You are restricted to use, copy, reproduce, republish, post, broadcast or transmit any part of the Website or the Intellectual Property and/or any related materials it contains for any purpose without prior written permission of the NuxGame, unless otherwise provided and permitted by applicable law. Such restrictions include, without any limitation, prohibition of any and all reproducing and/or storing of any part of the Website and/or the Intellectual Property it contains on any other webpage of the Website or in any public or private electronic retrieval system or services.
• Any and all modifications or creation of derivative works from or based on Website’s Intellectual Property are strictly prohibited, except as the NuxGame expressly permits such actions in these Terms.
• If these Terms or the NuxGame do not expressly grant any other rights in writing, those right are reserved by the NuxGame.

3. OTHER RIGHTS & OBLIGATIONS

INDEMNIFICATION

You acknowledge and agree to indemnify, defend and hold the NuxGame harmless including but not limited to the NuxGame`s affiliates, subsidiaries, agents, officers or employees from and against any actions, claims, demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including but not limited to attorneys’ fees and costs) arising directly or indirectly from or in relation to:

• The breach of these Terms by you or anyone using your electronic device or your internet connection.
• Any and all claims, losses or damages experienced from your Website or any Website page use or attempt to use, or inability to use.
• Your personal/individual violation of any law, regulation or any other matter for which you are or may be responsible under these Terms or under applicable law.

COOPERATION

You acknowledge and agree to fully cooperate with NuxGame in the defense against any actions, claims, demands, settlements, costs and/or in defense during the compromise negotiations specified in IDEMNIFICATION Clause of these Terms.

ASSIGNMENT

Under these Terms, you acknowledge and agree that without prior written consent of the NuxGame, assignment of any rights, interests or obligations are prohibited and will be null and void, except as expressly permitted herein. Without your consent, the NuxGame can at any moment assign these Terms or any rights, interests or obligations.

THIRD PARTIES

This Website may include links to third party websites, applications or resources which are owned and operated by third parties. You acknowledge and agree that clicking/proceeding the link(s) to the respective third party websites, applications or resources are made by you and based on your own consent and risk. The NuxGame informs that we bear: 

• no liability for the content of any third party websites, applications or resources; and
• no responsibility for anything that happens or may happen as a result of your visit of such third party websites, applications or resources.

After leaving the NuxGame Website, but prior to use of the respective third party websites, applications or resources, we highly recommend to read a respective third party policies.

PRIVACY POLICY

The NuxGame processes your personal data in accordance with the Website`s Privacy Policy. 

Prior to use of this Website and before the provision of any personal data, we kindly ask you to read our Privacy Policy. 

4. LIMITATION OF LIABILITY & LEGAL DISCLAIMER 

This Website and all its content are provided on an “AS IS” basis, except as expressly provided by NuxGame and/or under these Terms. The NuxGame disclaims all representations and warranties of any kind expressed, implied or statutory, to the fullest extent permissible pursuant to applicable law, including but not limited to, implied warranties of merchantability, title, non-infringement of third party rights and fitness for a particular or a specific purpose. 

The NuxGame does not provide any guaranties or warranties that all functions contained on the Website will be secure, complete, uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components or that the Website will otherwise meet your needs or expectations. The NuxGame does not warrant or make any representations regarding the use of or the result of the use of the content in this Website in respect of its correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair or correction. The foregoing exclusion does not affect any implied warranty which cannot be excluded or limited under applicable law. 

To the fullest extent permitted by applicable law, in no event including, but not limited to, negligence, shall NuxGame, our affiliates or our licensors, service providers, agents, officers, directors or employees be liable for damages of any kind, under any possible Legal Theory, arising out of or in connection with your use, or inability to use, the Website, any Websites pages and/or links to it, or any content on the Website or such other Websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if the NuxGame or our authorized representative has been notified orally or in writing of the possibility of such damage. The NuxGame will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, and delay in operation or transmission, computer virus, or line failure.

5. SEVERABILITY

If any word, phrase, clause and/or provision of these Terms is held to be invalid or unenforceable, such word, phrase, clause and/or provision shall be deleted, however the remaining word, phrase, clause and/or provision shall remain enforceable. The deleted word, phrase, clause and/or provision shall be replaced by the valid and enforceable one later on.