User Agreement

This User Agreement (hereinafter – the “Agreement”) is a legal contract between you as a user (hereinafter – the “User” or “you”) and Individual Entrepreneur (FOP) Butkevych Volodymyr Oleksandrovych (Tax ID: 3658702456, Unified State Register entry No. 1920343405000 dated 18.11.2019) – the developer and operator of the online game “Nexus Mobile”, placed on the website https://nexus-rp.mobile, registered in accordance with the legislation of Ukraine at the legal address: 02000, Ukraine, Kyiv, Tatarska St, 23, office 2 (hereinafter – the “Nexus Mobile Administration” or “we”). This Agreement defines the rules for using our services and Services.

By accepting this Agreement (for example, by clicking the “Accept” button or completing registration), you agree to all of its terms. Please read the Agreement carefully before you start using it. The Nexus Mobile service is intended for persons who have reached the age of 13; persons under 18 must obtain the consent of their parents or legal guardians. You have no right to use the Services if you do not have sufficient civil legal capacity to accept the terms of this Agreement under the law. We may at any time request confirmation of your age or the provision of parental consent. We also reserve the right to block access to the Services for users in respect of whom we have grounds to believe that they have not reached the established age or are violating the established rules.

By gaining access to our Services, downloading or otherwise using any of our services (including by gaining access to related platforms – social networks, the forum, etc.), you confirm that you have read, understood and agree to all provisions of this Agreement, as well as to the terms of the Privacy Policy and the Rules of Conduct. Acceptance of this Agreement and the related documents also means that you give your consent to the collection, processing, use and storage of your personal information in accordance with our Privacy Policy.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR AT ANY MOMENT THE TERMS BECOME UNACCEPTABLE TO YOU, IMMEDIATELY STOP USING THE NEXUS MOBILE SERVICE.

1. Definition of terms

1.1. “User” or “you” – an individual who, on a voluntary basis, for personal non-commercial entertainment purposes not related to the conduct of business activity, uses the Services provided by the Nexus Mobile Administration.

1.2. “Service” – the main service (service) that is provided by the Nexus Mobile Administration under this Agreement. The Service provides the User, through an Internet connection and the Client of the Game, with the ability to interactively go through the plot of the Game, perform prepared tasks, communicate and interact with other Users, using the game content, updates, logic and software that are the result of our activity and belong to us.

1.3. “Virtual Goods” – intangible objects (virtual values) in the Game that are part of the Service and can be purchased and used by Users. Virtual Goods are digital elements (for example, visual effects or objects) by means of which the appearance of the User’s character or other items in the game is determined.

1.4. “Game” – the computer game called “Nexus Mobile”, which functions in a virtual world and requires a constant Internet connection to operate. The Game includes the Client, as well as all components, functions, Virtual Goods, titles, computer codes, files, game software (client and server), audio tracks, updates, images, themes, objects, characters, names, slogans, locations, concepts, logic, illustrations, graphics, video, animations, sounds, music, audiovisual effects, information, data, documentation, chat logs, character information, gameplay, scenarios, recordings, etc., including all additions and updates to the Game, as well as the server infrastructure that ensures the functioning of the Game. All of the specified elements are intellectual property objects created by us and belong to the Nexus Mobile Administration.

1.5. “Client” – specialized software (application/program) necessary for the User’s participation in the Game, which the User independently downloads from the site and installs on their personal device.

1.6. “Site” – the website at the address (including all subdomains) https://nexus-rp.mobile/, which is the official online platform through which the User is provided with access to the Services, the Client and other information related to the Game.

1.7. “Account” – the User’s account in our system, which contains a set of data about the User (including personal data, payment details, settings, etc.) and is used for their identification and for providing access to the Services. The Account is created by the User by registering on the Site or in the Game.

1.8. “Cheat Code” – any unauthorized combination of data (sequence of characters, keys), software or hardware tool or function that gives the User an unfair advantage in the Game or allows changing the course of gameplay, interfering with the operation of the Game or unlawfully modifying the Service. The use of Cheat Codes violates the rules established by the Nexus Mobile Administration.

1.9. “Rules of Conduct” – rules of proper behavior, mandatory for all Users, during the use of the Services, playing the Game and communicating with other Users. The Rules of Conduct are an integral part of this Agreement; their full list is given in the Terms of Use. A violation of the Rules of Conduct is considered a material breach of the terms of this Agreement.

2. General provisions

2.1. To use the Services, the User must have the necessary technical equipment and access to the Internet. By starting to use the Services, you confirm that you are familiar with and fully accept all the requirements and terms of this Agreement. You realize that to gain access to the Services you need, at your own expense, the appropriate technical means (a properly configured computer or other device, software, an Internet connection, etc.).

2.2. To receive the Services, you need to register and create an Account. The moment of conclusion of this Agreement and full unconditional acceptance of its terms is the completion of the User’s registration. During registration, you agree to the following:

a) to all provisions of this Agreement. In case of disagreement with any term of the Agreement, you have no right to use the Services;
b) providing reliable, accurate, up-to-date and complete information about yourself in accordance with the registration form. You understand that without complete and correct data about you, we will not be able to provide you with access to the Services of proper quality;
c) timely updating of the registration data so that it remains correct, accurate, up-to-date and complete throughout the entire period of using the Services;
d) that in case of providing false or incomplete information, or if reasonable grounds arise to believe that the information provided is incorrect, inaccurate, out of date or incomplete, we have the right to suspend your Account or delete it, as well as to deny you further use of the Services (in whole or in part);
e) that the Nexus Mobile Administration reserves the right to delete or block any username (login) at any time for any reason, in particular if a third party claims that the nickname you have chosen violates their rights or is offensive;
f) the procedure for termination of the Agreement on your part: if you wish to terminate this Agreement, you may do so by closing (deleting) your Account and completely ceasing to use the Services. (You can delete the Account through the interface provided in the Game or by contacting the support service – after the Account is deleted, your Agreement is considered terminated);
g) that we have the right, at our own discretion, to terminate the Account if it has not been used for 12 (twelve) consecutive months.

2.3. You are responsible for maintaining the confidentiality of your login and password, for the security of your computer system, and for all actions that take place under your Account. You have no right to disclose, transfer or otherwise provide your password or access to the Account to third parties, except in cases expressly permitted by the Nexus Mobile Administration. You agree to notify us immediately (through the contacts given in section 9) of any unauthorized use of your password or Account or of any other breach of security. You also undertake to end the session under your Account (log out of the account) after the end of each game session in order to prevent access by outsiders.

2.4. We are not liable for any use of your login, password or Account by third parties, nor for any interaction or activity in the Game on behalf of your Account that resulted from your intentionally or negligently disclosing your login and/or password to third parties, in violation of the obligations regarding their confidentiality.

2.5. Your Account, including all data associated with it, is personal. You have no right to sell, transfer for a fee, alienate or otherwise transfer the rights to use your Account to any other person (except in cases permitted directly by us). Any attempt to sell or transfer the Account will be considered a violation of this Agreement.

2.6. We may make changes, additions and updates to this Agreement at any time. We will notify you of such changes by posting the new version of the Agreement on the Site, and, where possible, additionally by the email specified in your Account. The new version of the Agreement will indicate the date of its last update.

2.7. All changes and additions to this Agreement take effect 30 days after the date of their promulgation (publication) on the Site, unless another period is provided for by the update itself. By continuing to use the Services after the updated Agreement takes effect, you confirm your agreement with the new terms. If you do not agree with any changes to the Agreement, you must stop using the Services before the date the changes take effect (that is, delete your Account and no longer log in to the Game or the Site after the changes take effect).

2.8. We reserve the right at any time, at our own discretion, to deny any User access to the Services and to suspend or completely terminate your Account. Such a decision may be made for any reason, in particular if we believe that you have violated this Agreement or the Rules of Conduct, or for other reasonable grounds at our discretion. Depending on the requirements of the law, in appropriate cases we may send you a prior notice of blocking/termination. If your Account is deleted or the Services are blocked for you, this does not require additional justification on our part (except where the law requires a reason to be stated).

2.9. We have the right to temporarily suspend the provision of individual components or functions of the Services at our own discretion, including the interactive features of the Game (for example, the game chat, the forum, the private messaging system, etc.), if this is provided for by our internal policies or is necessary in case of your violation of the terms of this Agreement or the Rules of Conduct.

2.10. The Nexus Mobile Administration may at any time partially or completely discontinue the provision of the Service, change the content and filling of the Service or the Site, and delete any content or information (including user Content and Accounts) at its own discretion, with or without notice. This means that any element of the Service or your Account may be changed or deleted by us at any moment for any reason.

2.11. We use special technical means to detect Cheat Codes and prevent unfair play. You understand and agree not to create, distribute or facilitate the use of any Cheat Codes or third-party programs that affect the Game. You also agree not to disable or interfere with the operation of any of our software solutions intended to detect and prevent fraud in the Game. You agree not to interfere with the operation of the Game or the Services if such interaction is not expressly permitted by us. In case of violation of these requirements, we have the right to delete (deactivate) your Account without additional warning.

2.12. In case of suspension or termination of your Account, you will no longer have access to it, nor to any data or Content associated with it. In this case, you will lose all Virtual Goods and virtual currency purchased or received by you – no reimbursement of their value is provided to you. Suspension of any individual function of the Service means termination of access to such a function. Complete termination of the provision of the Services to you means that your password and all information, files and Content associated with your Account (or any part of it) may be deleted. We bear no liability for any such suspensions or terminations of the provision of the Services, including the deletion of your Content. All provisions of this Agreement that by their nature should continue to apply after the termination of the provision of the Services remain in force after the deletion of the Account as well. Such provisions include, in particular, the sections on intellectual property, disclaimer of warranties, limitation of liability, dispute resolution and other terms that have legal force after the termination of the Agreement.

Note. If you believe that your Account was suspended or blocked by mistake, or you wish to appeal the sanctions applied, you can contact the support service. We will consider your request and inform you of our decision within a reasonable time, but we reserve the right to the final decision regarding the restoration of access.

3. Rules of conduct and moderation

The Rules of Conduct are an integral part of this Agreement. A detailed list of the rules, restrictions and consequences of their violation is set out in the Terms of Use.

4. Placing an order and paid services

4.1. The use of the Nexus Mobile game service and the related Services is provided to you under a license, not sold. This means that no ownership rights to the elements of the Game or the Services pass to you. The Agreement is not a contract of sale of any property rights – you receive a limited right to use the Services in accordance with the terms of this Agreement.

4.2. Some of our Services or elements of the Game may be provided on a paid basis (for example, the purchase of Virtual currency or Virtual Goods). By placing an order for paid Services through the corresponding form on the Site (for example, through the “Shop” section), you submit to us a request to conclude a contract for the provision of such Services. After receiving your order, we send you a confirmation with the details of the order. The moment of conclusion of the contract for the corresponding paid Service and confirmation of our acceptance of your request is our debiting of the established price from your means of payment and the provision to you of the ordered digital content or access to the Service. You agree to receive invoices in electronic form (by email).

4.3. The in-game currency “[GAME_CURRENCY]” (within these Rules may also be called “donate coins” or “donate currency”) is used exclusively within the Game and is not electronic money, a means of payment, a financial instrument or an object of investment. The base accrual rate is 2 (two) [GAME_CURRENCY] for 1 (one) Ukrainian hryvnia paid by the User. As part of advertising campaigns, promotions, bonus programs or special offers, the Administration has the right to accrue a larger amount of [GAME_CURRENCY] per 1 hryvnia without changing the base rate defined by this clause.

4.3.1. The in-game currency “Virt” (virtual hryvnia) is an integral element of the gameplay and the interface of the Game. The graphic or text display of “virt” in the Game in the form of the national currency of Ukraine (the hryvnia) is exclusively an artistic simulation of the game world. “Virt” does not have the characteristics of electronic money and is not a means of payment or a financial instrument. The User may receive “virt” free of charge in the course of gameplay, or as part of special game sets, or when exchanging [GAME_CURRENCY] at the rate established in the game itself. “Virt” is not subject to reverse exchange for real money or for the in-game currency “[GAME_CURRENCY]”.

4.4. When placing each order for paid Services, the User confirms their agreement with the terms of this Agreement, and also consents to the collection, processing and transfer of their personal data necessary to fulfill the order. All payments for the Services are made through external payment systems or third-party platforms (for example, payment aggregators, app stores, etc.). During the payment process, the own terms of use and policies of such third-party payment services, which supplement the provisions of this Agreement, may apply. Please note: you can learn more about the processing of your personal data during payments in our Privacy Policy.

4.5. Ordering and purchasing Virtual currency and goods. All purchases of Virtual currency (in-game currency) and Virtual Goods are final and non-refundable (non-cancellable), unless we, at our own discretion, decide otherwise in a specific case. You understand that you do not receive ownership of any Virtual Goods or currency – you are only granted a limited license to use them within the Game. Virtual currency may be used exclusively to purchase the Virtual Goods provided for by the Game. Virtual currency and Virtual Goods are not real money or property and have no monetary equivalent in the real world. They cannot be exchanged for real money or valuables or returned outside the Game, and also cannot be lawfully bought, sold or otherwise alienated outside our Service. Any attempts to buy or sell Virtual Goods or currency for real money (for example, “off the hand” to other players) are a violation of this Agreement, for which we have the right to delete the corresponding items or block the violator’s Account without compensation.

4.6. Virtual currency and Virtual Goods have no established term of validity (expiration date) and may be used by you during the existence of your Account or until the support of the corresponding Game is discontinued. At the same time, you agree that the Nexus Mobile Administration has full control over all virtual currency and goods in the Game and may at any time, at its own discretion, change their cost, properties or availability, or remove any Virtual currency or Virtual Good from the Game altogether. Such changes may be made, for example, as part of game balance, a content update, promotions, or for technical or legal reasons. We bear no liability to you for making such changes. Our obligations regarding Virtual currency and goods are considered fulfilled at the moment the Virtual currency or good purchased by you is credited to your Account (or access to them in the Game is provided).

4.7. We do not provide any monetary refunds or compensation for unused Virtual currency or items, except in cases expressly provided for by this Agreement or by law. You receive a limited, revocable, non-exclusive, non-transferable license to use the Virtual currency and Virtual Goods within the Game in accordance with this Agreement. Apart from this license, you have no title-establishing grounds or title to the virtual currency or goods. We reserve all rights to the Virtual values that are not expressly granted to you under the terms of this Agreement.

4.8. If your Account is closed or suspended for any reason (whether by our decision or in case of discontinuation of the support of the Game or the Service as a whole), you lose all Virtual currency and Virtual Goods available on the Account without any compensation. We have the absolute right to manage, regulate, control, change or cancel any virtual currency or good at our own discretion and bear no liability to you or anyone else for the exercise of such right.

4.9. The processing of payments may depend on the payment method you choose. Some payment methods may be unavailable or restricted for your country or currency, or restricted by the payment service providers (for example, certain types of bank cards may not be supported). To the maximum extent permitted by law, we are not liable for the processing of payments made by you, nor for the operability and quality of the services of any third-party payment providers. By making a transaction, you confirm your agreement with the terms of service and possible restrictions established by such payment service providers (payment systems).

4.10. The User agrees to pay all fees and applicable taxes related to payments made by them or on their behalf for the use of the Services. All additional expenses, obligations or charges that may arise during interaction with third parties (for example, a bank may charge a fee for a currency transfer or conversion) are placed on the User. The fee paid for the Services is non-refundable, except in cases provided for by this Agreement or by law.

4.11. By providing us or our payment operator with your payment details (for example, a bank card number, payment account, etc.) for payment for the Services, you guarantee that you are the lawful owner of the corresponding means of payment (bank card, account, etc.) and are authorized to make this payment. You also agree not to use proxy servers, VPNs or other means to hide your real location in order to bypass geographic restrictions established in the Game or during payment. If attempts to hide your location or other data in violation of this clause are detected, we may restrict or block your access to the Account.

4.12. You have the right to demand a refund of the funds paid in case of erroneous or incorrect provision of a paid Service. In particular, if the payment was credited in an incorrect amount due to system failures or a technical error otherwise obviously occurred during the processing of the order, – you can contact the support service for verification and a refund. The refund is made by us after the fact of the error is confirmed and provided that the Virtual currency or goods in respect of which the refund is requested have not been used by the User. In other cases (for example, if you changed your mind about using the paid service), the funds paid are, as a rule, not refunded.

4.13. The Administration has the right to offer Users special, promotional or unique offers on the official website of the Game, which may provide for the purchase of virtual items, sets, bonuses or other digital objects directly for the Ukrainian hryvnia. The cost of such offers may differ from the cost of similar items or objects available for purchase for [GAME_CURRENCY] in the Game, and may be more favorable for the User. Such offers are limited in time, quantity or other conditions defined by the Administration, and may be changed or discontinued without prior notice.

5. Intellectual property and license

5.1. All intellectual property rights to the Game, the Services, their components and the related content belong to us or our licensors. We are the owners (rightholders) of all objects of copyright and related rights, trademarks, trade names, know-how and other objects created in the process of developing the Game and providing the Services. In particular, the Nexus Mobile Administration owns all rights to the game characters, images, designs, storylines, audiovisual effects, in-game values (currencies, items), etc., that are available through the Services. By accepting this Agreement, you acknowledge that you do not acquire any property rights to the specified objects, except for the limited rights of use that are expressly granted to you in this Agreement.

5.2. You also acknowledge and agree that you have no ownership or any other property rights to your Account. All rights to Users’ Accounts belong to the Nexus Mobile Administration. You retain only the right to use the Account for the duration of this Agreement. We may at any moment, at our discretion, withdraw this right from you in the manner defined by sections 2 and 3 (for example, in case of your violation of the terms of the Agreement or prolonged inactivity).

5.3. In order to use the Game, you must download and install the Client on your device. By installing the Game, we grant to you, and you accept, a limited, non-exclusive, revocable, indivisible license, not intended for transfer, to use the Game and the related Services exclusively for personal entertainment purposes. This license is granted subject to the terms and restrictions set out in this Agreement. Any use of the Game not expressly provided for by this Agreement is prohibited. In particular, you are not permitted to reproduce, distribute, or publicly display the Game or its elements, transfer it to third parties, use it for commercial purposes without our permission, etc. No rights other than those expressly specified in this Agreement are granted to you.

5.4. Restrictions on use. You may not use or exploit the Game, the Site or any of their components in any way other than as expressly permitted by us. In particular, it is prohibited to: copy, modify, translate, decompile, disassemble, or reverse engineer the Game or any software that ensures the operation of the Services; create any derivative products based on the Game or the content available through the Services; remove or alter information about rightholders, trademarks or other notices contained in the Game or on the Site; bypass the technical protection measures integrated into the Game or the Site; use the Game to create content or products that compete with us; run more than one copy of the Game simultaneously on one device (except where the functionality of the Game provides for this), etc.

5.5. You may not sell, exchange, give as a gift, transfer or otherwise distribute any parts of the Game, the Services or content received by you in the Game (including Virtual Goods, currency, game accounts, etc.), unless this is expressly permitted by the Nexus Mobile Administration. We reserve all rights that are not expressly granted to you under this Agreement. This Agreement does not create any licenses or permissions for you by default – you receive only those rights that are expressly set out here.

5.6. To ensure the security, stability and compatibility of the multiplayer Game, we may from time to time automatically update or change the software of the Game. This may include downloading patches, updates, new versions or other improvements. You agree that such updates may occur automatically (without additional notice) and that they are a necessary condition for maintaining the operability of the Game. After the updates are implemented, the system requirements for your equipment may change.

5.7. You understand and agree that a subsequent update or new version of the Game may change the technical requirements necessary to receive the Services. In such a case, you, and not the Nexus Mobile Administration, are responsible for purchasing additional equipment or upgrading your device in order to continue to access the Services. Technology develops, and we do not guarantee that the Game will support operation on every existing or future device without an update on the user’s part.

5.8. All ownership rights and intellectual property rights related to the Game, the Services and their copies belong to us and/or our licensors (as well as the licensors of our affiliates, if any). All rights are reserved and remain with us in full, unless otherwise expressly established by this Agreement. The content of the Game and the Site is protected by copyright law, international treaties and other applicable laws. You are obliged to respect our intellectual property rights and to refrain from any actions that may violate them.

5.9. We respect the intellectual property rights of others and require the same of users. If you believe that any content in the Game or on the Site violates your copyright or other intellectual property rights, please inform us. You can send the corresponding message to our email address indicated in section 9 (Contact information). We will consider your request and, if the complaint is justified, take the necessary measures (for example, remove or restrict access to the disputed content).

6. Disclaimer of warranties and limitation of liability

6.1. The Service is provided “as is” and “as available”. This means that we provide you with the Services in the form and scope in which they exist at the current moment, and do not guarantee their flawless operation. The Nexus Mobile Administration does not guarantee that the Service will meet your expectations or goals, that access to the Services will be uninterrupted, error-free, secure or virus-free, or that identified defects will be corrected. You expressly agree that access to the Services and the use of the Game are at your own risk.

6.2. To the extent permitted by applicable law, we (including our officers, employees, representatives and agents) do not provide any warranties or assurances – neither express nor implied – regarding the Services. In particular, we do not guarantee: the proper quality and suitability of the Services for your specific purposes; uninterrupted, error-free and fast operation of the Game; the reliability or relevance of any information received through the Services; the observance of intellectual property rights or other rights by third parties in the content that you or other users distribute through the Services, etc. We make no statements regarding the accuracy or completeness of the content provided through the Services, or the content on third-party sites/resources that may be accessed as part of the provision of the Services.

We are not liable for any losses or harm (direct or indirect) arising in connection with the use of the Services or the inability to use them. In particular (but not exclusively), we are not responsible for the following:

Errors or inaccuracies of content. We do not guarantee that the information that we or users publish through the Services is free of errors or typos. You use any content at your own discretion and at your own risk;
Any material losses or harm to health that you may have suffered as a result of accessing or using the Services or the Game. For example, we are not responsible if, due to the use of the Services, your device broke down, malfunctions occurred in its operation, etc.;
Unauthorized access to our servers and/or to any personal or financial information of users stored on them, as well as the related negative consequences;
Interruptions in the provision of the Services. We do not guarantee that access to the Game will be available at any time and from any place. Any delays, failures, connection drops, problems with the Internet provider, etc. may affect your access – we are not liable for such interruptions;
Viruses, Trojan programs, spyware and other malicious components that may be transmitted by third parties through our Site or the Game without our knowledge. Although we strive to protect the system, we cannot guarantee the complete absence of malicious code introduced by outsiders;
Damage to your equipment or software. We are not responsible for harm that may be caused to your computer, mobile device, peripheral devices, operating system or data as a result of using the Service or downloading materials from it;
Actions from your Account performed by third parties. We bear no liability for any actions or transactions performed under your Account by an outsider in case of compromise (theft) of your password or other security information through your fault. Protect your Account and inform us in case of unauthorized access, as specified in clause 2.3;
Your losses related to the use or inability to use the Services. We do not compensate any losses (including the loss of intangible values, interruption of the work process, loss of profit or other commercial losses) that occurred as a result of your use of the Game or the Site or due to the inability to use them, regardless of whether we were notified of the possibility of such losses;
Errors in user content. We bear no liability for any errors or the unlawful or harmful nature of content that may be published by users during the use of the Services (on the forum, in the chat, etc.). You realize that, interacting with other users, you may see materials that you consider offensive, undesirable or incorrect – we are not liable for such information, but we ask you to report cases of rule violations to the moderators or support.

6.3. Indemnification. You agree to compensate us and our related persons for the losses caused and to protect us (as well as our parent and subsidiary companies, branches, officers, employees, partners, agents, licensors – hereinafter together the “Nexus Mobile Related Parties”) from any claims, lawsuits, losses, liabilities and expenses (including reasonable legal assistance costs) that arise as a result of or relate to:

a) your Content that you publish, transmit or otherwise make available through the Services;
b) your use or inability to use the Services (including claims related to purchases in the Game, the provision or non-provision of digital content, etc.);
c) your violation of the terms of this Agreement or the Rules of Conduct;
d) your violation of the rights of third parties, including the rights of other Users (for example, violation of copyright or related rights, trademark rights, personal data protection rights, the right to honor and dignity, etc.);
e) your violation of applicable laws or rules (for example, if your behavior or the content posted by you violates legislation on personal data protection, on consumer rights protection, on information, etc.).

We reserve the right, at our own expense, to assume the exclusive defense and control in any situation in respect of which you are obliged to compensate losses (that is, the cases provided for by items a–e above). In such a case, you agree to cooperate with us to the extent necessary to protect our interests.

6.4. Effect of provisions after termination. You agree that the terms of this section 6 (regarding the disclaimer of warranties, limitation of liability and indemnification) remain in force after the termination of your Account and this Agreement, as well as after you cease access to the Services. This means that even if you no longer use the Game or your Account is deleted, you will still be obliged to comply with the conditions on non-disclosure of our liability and the other legal reservations set out above, within the relevant limits.

6.5. Important legal reservations. No provision of this Agreement limits or excludes the liability of the parties in cases where under the law such liability cannot be limited or excluded. In particular, no provision of the Agreement excludes or limits our liability for harm caused intentionally, gross negligence, causing harm to life and health, or other violations for which the law prohibits excluding liability. Likewise, the provisions of the Agreement do not limit the consumer rights that by law cannot be limited.

7. User content

(This section governs your own content created or published by you during the use of the Services, as well as our rights in relation to it.)

7.1. You agree that any content that you create, upload, publish or otherwise make available during the use of the Services (for example, messages on the forum or in the chat, images, audio, video, game messages, comments, etc. – hereinafter “User Content”), you post voluntarily and at your own risk. Although the Service may provide the ability to delete or edit your User Content, we do not guarantee its complete deletion from all systems or backups.

7.2. You alone bear full responsibility for your User Content and any consequences of its publication. We do not control (or may not control) all User Content and do not guarantee the accuracy, quality, legality or integrity of any User Content posted in the course of using the Services. By using the Services, you acknowledge that you may encounter user content that may be unpleasant, inappropriate or such that does not correspond to your ideas – in such a case you can complain to the moderators, but you should also understand that interaction with the content of other users takes place at your own risk.

7.3. We are under no circumstances liable for any User Content, including (without limitation) errors, viruses or defamatory statements that may be contained in user content, as well as for any losses or damages that occurred as a result of the use or publication of any User Content within the Services. You agree that we are not obliged to review, monitor or moderate content posted by users. At the same time, we have the right (but not the obligation), at our own discretion, to delete or edit any User Content if we receive a complaint or have grounds to believe that such content violates this Agreement or the rights of third parties. If this is required by law, in case of deletion of your content we will inform you of such actions (before or after the deletion).

7.4. Please note that forums, blogs, chats and other interactive functions of the Service, where you can post your Content, are a public space. Information that you voluntarily disclose to other users (for example, by publishing your ideas, comments, images, etc.) may be used by them without your control. We cannot guarantee that other users will not use your ideas and information at their own discretion. If you have ideas or information that you want to keep secret and/or do not want others to use, – do not publish them through the Service. We bear no liability for any use or evaluation of information that you have published in the public sections of the Service, and do not compensate possible losses caused by the use of such information. By disclosing any information on forums or in the chat, you do so at your own risk.

7.5. License to your content. All rights to your own User Content remain with you. However, in order for us to legally display and distribute your content through the Services, and to ensure its technical operation, we need a certain license from you. By accepting the terms of this Agreement, you grant the Nexus Mobile Administration a non-exclusive, free, irrevocable, perpetual, worldwide license to use all User Content that you upload, publish or otherwise make available through the Services. This license includes the right to: copy, reproduce, adapt, modify, create derivative works, publish, distribute, translate, publicly display and perform your Content (and its derivatives) within the provision of the Services, as well as for marketing and advertising purposes related to the Services. You also agree that we may transfer these rights and grant sublicenses to our partners or contractors who help us in supporting and developing the Game (for example, engaged artists, consultants, etc.).

The license to your content is granted to us for the entire term of validity of the corresponding intellectual property rights or, if the law allows, for an unlimited term. You also waive personal non-property rights (the right of authorship, the inviolability of reputation, etc.) to your User Content in relation to its use by us within the granted license, if the waiver of such rights is not prohibited by law. In particular, you agree not to make claims regarding an incomplete or distorted name of the author in the permissible editing of your content by us.

By providing content to us, you declare and warrant that you have the necessary rights to such content in order to grant us the above license. In other words, that your content or its use within the Services does not violate the rights of other persons. If you do not have permission from the rightholder to post certain material (for example, someone else’s picture or music), please do not publish it.

8. Other terms

8.1. Dispute resolution. All disputes, disagreements or claims that may arise in connection with this Agreement or the use of the Services, the parties will try to resolve through negotiations. If you have a question or dissatisfaction regarding the Services, please first contact our support service (the contacts are given below in section 9) and inform us of your problem – we will do everything possible to resolve it out of court. If the dispute cannot be resolved through negotiations within a reasonable time, each of the parties (the User or the Administration) has the right to apply for the resolution of the dispute to a competent court of Ukraine. The jurisdiction of a specific case is determined in accordance with the current legislation of Ukraine.

8.2. Applicable law and consumer rights. This Agreement and the legal relations between the Nexus Mobile Administration and the User are governed by the legislation of Ukraine. At the same time, if the User is located outside Ukraine, the mandatory norms of the consumer protection legislation of the country of their residence may apply to the relations. Nothing in this Agreement limits the consumer rights granted by such mandatory norms. In particular, if you are a resident of the European Union, you may have additional rights provided for by the legislation of the EU and your country (for example, the right to withdraw from a digital service within 14 days from the moment of purchase under the conditions established by EU Directives, or the rights guaranteed by the GDPR). We strive to act in accordance with the law and respect the rights of users provided for by the norms of their jurisdiction.

8.3. Force majeure. Neither party is liable for full or partial non-performance of its obligations under this Agreement if this non-performance resulted from the action of circumstances of insurmountable force (force majeure) that arose after the conclusion of the Agreement. Such circumstances include extraordinary events or phenomena that the party could not foresee or prevent by reasonable means, in particular: natural disasters (flood, earthquake, hurricane, etc.), fires, mass disorder, military actions, terrorist acts, declared and undeclared war, accidents in power systems, prolonged power or Internet outage, actions or decisions of state authorities, epidemics, pandemics, quarantine restrictions, cyberattacks on the infrastructure of the Game and other similar circumstances that are beyond the reasonable control of the parties. The fact of the occurrence of force majeure must be confirmed by a corresponding document (where possible) issued by an authorized body (for example, the Chamber of Commerce and Industry). For the duration of the circumstances of insurmountable force, the performance by the parties of their obligations is suspended without any sanctions. If force majeure lasts more than 60 days, each of the parties has the right to refuse further performance of the Agreement by notifying the other party in a convenient way (through the Site or email). In such a case, neither party will have the right to compensation for losses in connection with the termination of the Agreement.

8.4. Assignment of rights and succession. The Nexus Mobile Administration has the right to transfer or assign its rights and obligations under this Agreement (in whole or in part) to any third party without obtaining the separate consent of the User. For example, such a transfer may occur in case of reorganization or sale of the business, engagement of a new operator of the Game, transfer of rights to the Game to another company, etc. In case of transfer of our legal successors, we will ensure compliance with the terms of this Agreement by the new rightholder and will notify users of such changes by updating this Agreement and posting the corresponding information on the Site (or through other means of communication). Continued use of the Services after the updated Agreement takes effect will mean your agreement with the transfer of rights and obligations to the new operator. The User has no right to transfer (assign) their rights or obligations under this Agreement to any other person without our prior written consent. Any attempt to assign the User’s rights without consent is invalid. This Agreement is binding on the successors of the parties.

8.5. Severability of provisions. If any provision of this Agreement is found by a court to be invalid, unlawful or unenforceable, that provision must nevertheless be performed to the maximum extent possible that is permitted by law, and the remaining provisions of the Agreement remain in force. A court’s non-recognition of the validity of an individual clause does not affect the validity of other parts of the Agreement. A waiver by either party of any provision or condition of this Agreement, as well as any breach of its provisions, does not cancel the effect of that provision in other cases and will not be considered a waiver of other provisions.

8.6. Notifications and mailings. You agree that we have the right to send you notifications related to the Services and this Agreement by email, through the Site, in the Game or using other contact details provided in your Account. Such notifications are considered received by you after they are sent or published. In addition to service notifications, we may also from time to time send you information of an advertising nature (for example, news about updates of the Game, promotional offers, etc.) by email, in SMS or through other communication channels. You confirm your consent to receive such materials from us and our partners. At the same time, if you do not wish to receive marketing mailings, you can opt out of them at any time – it is enough to use the “unsubscribe” link in the email or contact the support service with a corresponding request. Opting out of advertising notifications does not affect the sending of important technical or administrative notifications related to your Account or the Services (for example, notifications of changes to the Agreement, failures, warnings of violations, etc.) – we may send such notifications even in the absence of your separate consent, since they are an integral part of user service.

8.7. Entire agreement. This Agreement (together with the Privacy Policy and other documents expressly indicated in the text) contains the complete set of arrangements between you and the Nexus Mobile Administration regarding the use of the Game and the Services. It replaces all previous arrangements, correspondence and negotiations (both oral and written) that took place between the parties before the conclusion of this Agreement, concerning the specified matters. No oral explanations or information provided to you on our part before the signing of this Agreement give you any additional rights or warranties, other than those expressly indicated in the text of the Agreement.

9. Contact information

We are always glad to help our users. If you have any questions, complaints or suggestions regarding this Agreement or the work of the Nexus Mobile Services, please contact our support service. We will do everything possible to provide you with the necessary help or clarifications.

Email: [email protected]

NEXUS MOBILE TECHNICAL SUPPORT:

Email: [email protected]

Thank you for your attention to our rules, and we wish you a pleasant game! Take care of your Account, respect other players and enjoy the world of Nexus Mobile. Your compliance with this Agreement helps us make the game better and safer for all members of the community. Have a good game!