NIVAL INTERNATIONAL LIMITED
TERMS OF SERVICE
Effective Date: September 02, 2020
1. AGREEMENT
NIVAL INTERNATIONAL LIMITED (“Nival”, “We”) operates games in multiple territories
worldwide. Depending upon the services you choose and the platform concerned, you may
enter into a relationship with our company.
These Terms of Service (the “Terms”) (i) apply to Nival’s video games and all the related
services (jointly hereinafter the "Games"), and (ii) govern the relationship between you and
Nival. These Terms include and incorporate certain other important policies and rules which
include, without limitation, our Privacy Policy and Code of Conduct (which are referenced
below).
If you are using our Games through a social network, platform or applications provider
(“Third Party Service”) (e.g. Facebook, Steam, iTunes, Google Play, etc.), any activities
provided by such third party beyond our Games are governed by that Third Party Service’s
policies.
If at any point you do not agree to any portion of the then-current version of these Terms of
Service or another policies of Nival, you must cease using our Games and your license to
use our Games shall terminate.
2. PRIVACY
Nival respects the privacy of its users. Our Privacy Policy is incorporated into and is
considered a material part of these Terms. By accessing our Games, you acknowledge that
you have carefully reviewed our Privacy Policy, which is located at:
www.nival.com
3. UPDATES
Nival reserves the right, at its discretion, to change, modify, add or remove portions of these
Terms and its Privacy Policy at any time by posting the amended Terms within our Games
or an official website. You may also be given additional notice, such as an e-mail message
or a notice, which appears on our Games, of any changes. You will be deemed to have
accepted such changes by continuing to access our Games. Except as otherwise stated, all
amended terms shall automatically be effective 30 days after they are initially posted. Nival
may also revise other policies, codes or rules at any time, and the new versions will be
available on www.nival.com or from within the applicable game.
4. LICENSE TO USE OUR GAMES
Subject to compliance with these Terms, Nival is granting you a non-exclusive, non-
transferable, revocable limited license to access its Games and play our games for your
own non-commercial entertainment purposes only. You agree not to use our Games for any
other purpose. If you violate any of these Terms, we reserve the right to terminate your
license without notice.
5. ACCESS TO OUR GAMES
If you are using or have obtained access to our Games through a Third Party Service, you
are required to have an account with that Third Party Service which is in good standing.
You may also be required to have an account with the applications provider for your mobile
device. You warrant that you are not prohibited from receiving our products, including our
Games or any related software. You are responsible for any fees, including internet
connection or mobile fees that you incur when accessing our Games.
6. MINORS; LEGAL GUARDIAN/PARENTAL CONSENT
You may not use our Games if you are under 16. By accessing and using our Games, you
represent and warrant that you are at least 16 years old. If you are a minor over the age of
16, we recommend you seek consent from a parent or legal guardian before accessing our
Games. If you will be purchasing Virtual Currency and/or Virtual Goods (defined below in
Section 10) through Facebook Credits or other authorized means, Nival requires all users to
be over the age of 18, or if you are under 18, you confirm that you have your legal
guardian/parent’s permission and consent to incur any charges.
7. CODE OF CONDUCT
Your use of our Games is governed by certain rules (the "Code of Conduct"), maintained
and enforced by Nival. It is your responsibility to know, understand and abide by this Code
of Conduct. Any use of our Games in violation of the Code of Conduct is strictly prohibited,
can result in the immediate revocation of your limited license to use our Games, and may
subject you to liability for violations of law.
The following conduct and content is expressly prohibited on our Games and your account
will be terminated for such unpermitted behavior or activity. Nival reserves the right to
investigate and take appropriate legal action against anyone who, in Nival’s sole discretion,
violates this provision.
Offensive and Illegal Content and Conduct:
You agree that you will not, under any circumstances, engage in conduct or post
information on our Games which:
is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
and/or
promotes information that is false or misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous.
Collection and Publication of Personal Data; Improper Communications/Use of our
Games:
You agree that you will not, under any circumstances:
collect, harvest or post anyone’s private information, including personally identifiable
information (whether in text, image or video form), identification documents, or financial
information through our Games;
upload or transmit (or attempt to upload or to transmit), any material that acts as a passive
or active information collection or transmission mechanism (e.g., web beacons or bugs,
cookies or other similar devices or “spyware”); and/or
make improper use of Nival's support services or submit false reports of abuse or
misconduct.
Violation of Laws and Policies:
You agree that you will not, under any circumstances:
violate the contractual, personal, intellectual property or other rights of any party;
engage in the transmission of "junk mail," "chain letters," or unsolicited mass mailing,
instant messaging, "spimming," or "spamming";
further or promote any criminal activity or enterprise or provide instructional information
about illegal activities including, but not limited to making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
disseminate or promote an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to pirated work, providing
information to circumvent manufacturer-installed copy-protect devices, or providing pirated
games or links to any other illegal files;
disseminate, transmit, or permit the uploading of viruses, Trojan horses, keyboard loggers,
time bombs, adware, spyware, or any other malicious or invasive code or program;
reverse engineer, decompile, reverse assemble, modify or attempt to discover any software
(source code or object code) that Nival created to generate web pages or any software or
other products or processes accessible through our Games;
use or launch any unauthorized script or other software, spider, robot (or "bot"), cheat utility,
offline reader or other unauthorized system to access our Games (standard search engine
technology is not considered to be unauthorized);
interfere with or circumvent any security feature of our Games or any feature that restricts
or enforces limitations on use of or access to our Games or Content (defined under Section
9 below);
participate in any action that, in Nival's sole and absolute opinion, results or may result in an
authorized user of our Games being defrauded out of Virtual Currency or Virtual Goods that
the user has earned through authorized game play in our Games;
sell our Games or any part thereof, including but not limited, to Virtual Goods or Virtual
Currency, user accounts and access to them in exchange for real currency or items of
monetary value;
engage in cheating or any other activity deemed by Nival to be in conflict with the spirit or
intent of our Games; and/or
undertake any unpermitted commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
In all cases, prohibited activity includes, but is not limited to using our Games in a
manner inconsistent with any and all applicable laws and regulations.
8. INTELLECTUAL PROPERTY
Nival owns, has licensed, or otherwise has rights to use all of the content that appears in
our Games. Nival further reserves all rights, on behalf of itself, as well as its affiliates,
subsidiaries, or licensors including, without limitation, all intellectual property rights or other
proprietary rights, in connection with our Games. You further agree that you have no right
or title in or to any content that appears in our Games, including without limitation, all
content, text, graphics, logos, buttons, icons, images, music, digital files, data and software
provided through our Games.
“Content” includes software, technology, text, forum posts, chat posts, character profiles,
messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual
or other material appearing on or emanating to and/or from our Games (including the
design and appearance of our Games). Unless otherwise specified in writing, all Content, is
owned by Nival or its affiliates, subsidiaries, licensors or suppliers. The definition of Content
collectively includes user generated Content ("UGC") and Nival Content.
You agree that all Content, including but not limited to all accounts, characters created,
Virtual Currency, and Virtual Goods acquired and developed during the course of your use
of our Games, are the sole and exclusive property of Nival or its licensors. Nival may use all
Content for any purpose, including for commercial or promotional use without restriction or
compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any
Content in violation of the intellectual property rights of Nival or any other third party.
Trademarks. Nival and other related trade names, graphics, logos, and service marks used
on the site are the trademarks of Nival and its licensors and may not be used by you
without our prior written permission.
Copyright. All Content is copyrighted under the Republic of Cyprus and European Union
intellectual property law and/or similar law of other jurisdictions, protecting it from
unauthorized use.
Infringement. If you are a copyright or trademark owner or a representative thereof and
believe your protected work has been copied and posted on our Games in a way that
constitutes infringement, you may submit a notification to our representative with the
following information in writing:
Your registered copyright or trademark (including number and the country where your
copyright or trademark is registered);
Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if
multiple works are claimed to be infringed, a representative list of such works (for example:
title, author, any registration or tracking number, URL);
Reasonably sufficient detail to enable us to identify and locate the material that is claimed
to be infringing (for example a link to the page that contains the material);
Your contact information so that we can contact you (for example, your address, telephone
number, email address);
A statement that you have a good faith belief that the use of the material identified in sub-
section ii above is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and
that you are authorized to act on behalf of the owner of the exclusive right that is alleged to
be infringed; and
Your physical or electronic signature.
Please send this written notice to our designated agent as follows:
NIVAL INTERNATIONAL LIMITED
30 Panagioti Tsangari, Office No. 1, 4041, Limassol, Cyprus
Registration No. HE 354994
legal@nival.com
9. UGC
In all cases, you agree that such UGC is wholly original to you and you exclusively own the
rights to such UGC, including the right to grant all of the rights and licenses in such UGC to
Nival without Nival incurring any third party obligations or liability arising out of its exercise
of the rights granted herein by you.
You further grant to Nival a non-exclusive, worldwide, royalty-free, sublicenseable, and
transferable license (i) to use, reproduce, distribute, prepare derivative works of, display,
perform and otherwise exploit in any manner whatsoever the UGC, or any portion thereof,
on our Games as well as via any and all media now known or hereafter developed, and (ii)
to advertise, market and promote the same. To the extent permitted by applicable laws, you
hereby assign and/or waive any moral rights or rights of publicity or privacy you may have
in such UGC, where it is applicable under the actual law. Further, you bear the entire risk of
the completeness, accuracy and/or quality of your UGC found in the Games. If our Games,
on which you contribute UGC permits other users to access and use that UGC as part of
our Games, then you also grant all other users of the relevant Games the right to use, copy,
modify, display, perform, create derivative works from, and otherwise communicate and
distribute your UGC on or through the relevant Games without further notice, attribution or
compensation to you.
Nival reserves the right to monitor UGC, but cannot monitor or prescreen all of the UGC
and does not attempt to do so. Nival has the right, but not the obligation, to edit, refuse to
post, or remove any UGC posted within our Games that is deemed objectionable or violates
these Terms or the spirit of these Terms, in our sole discretion and determination.
If you find that specific UGC may violate these Terms, please bring it to our attention by
contacting us. Nival does not assume any responsibility or liability for UGC that is
generated by users of the Games.
Third Party Content
You may not upload or post any Content on our Games that infringes the copyright,
trademark or other intellectual property rights of a third party nor may you upload Content
that violates any third party's right of privacy or right of publicity. Nival may, without prior
notice to you and in its sole judgment, remove Content that may infringe the intellectual
property or other rights of a third party.
If you are a repeat infringer of Nival's or a third party's intellectual property or other rights,
Nival may terminate your account without notice to you. If your account is terminated, you
are not entitled to a refund for any fees you have paid, and you will lose access to all Virtual
Goods, Virtual Currency and any other benefits of your account.
10. VIRTUAL CURRENCY AND VIRTUAL GOODS; REFUND POLICIES
Virtual Currency is a suppositive unit displayed in our Games, which determines the scope
of your rights to use Virtual Goods.
You may use the Virtual Currency exclusively within the gameplay of our Games without
any our responsibility for such use.
Virtual Currency is not an object of any applicable legislation on betting, lottery, gambling
and currency operations.
Virtual Currency is used for convenient and clear understanding of your volume of acquired
rights to Virtual Goods. Thus, amount of Virtual Currency depends on the amount of
payment according to the rate established by in-game rules and published within the
framework of the game process.
According to the meaning of these Terms and to any offer related to it, amount of Virtual
Currency depends (and consequently determines) on the amount of payment that you
made due to the acceptance of the offer on Virtual Currency/ Virtual Goods.
Virtual Goods is an additional interactive in-game content that effects to and interacts with
our Games, which actually is a part of gameplay (like additional, expanded, special
features, processes or possibilities within the gameplay, such as the abilities of the game
character, privileges, special game items, maps, quests, and of similar nature), license
rights on which are not presented and granted to you unless you made an additional “real
money” payment or express another kind of acceptance in the ways provided in the in-
game rules.
Therefore, our Games may include Virtual Currency, such as coins, cash, or points that
may be purchased for “real” money through transactions with one of our authorized
payment vendors. In turn, Virtual Currency may be used to purchase Virtual Goods. Nival
does not handle Virtual Currency transactions directly. Third party payment providers
handle all Virtual Currency transactions. By purchasing Virtual Currency to be used in our
Games, you are bound by these third party payment providers’ terms of use.
Nival prohibits and does not recognize any purported transfers of virtual property
effectuated outside of our Games, or the purported sale, gift or trade in the "real world" of
anything that appears or originates in our Games, unless otherwise expressly authorized by
Nival in writing. You are therefore not permitted to trade, sell or attempt to sell in-game
items or currency for "real" money, or exchange those items or currency for value of any
kind outside of a game, without Nival’s written permission. Any such transfer or attempted
transfer is prohibited and void, and will subject your account to termination.
Payment for Virtual Currency and Virtual Goods. Your order of Virtual Currency and/or
Virtual Goods will represent an offer to us to purchase such items, which will be accepted
by us when we assign make the relevant Virtual Currency and/or Virtual Goods available in
your account for you to use on our Games or debit your banking account or card, whichever
comes first. We may revise the pricing for Virtual Currency and Virtual Goods offered
through our Games at any time.
Virtual Currency Offered by Third Parties. Please be aware that if you purchase
Facebook Credits, Google Play Credit, or make a purchase via Steam or other payment
credit offered by the applicable Third Party Service, you are agreeing to that service’s
payment terms and Nival is not a party to the transaction. You agree to pay all fees and
applicable taxes incurred by you or anyone using an account registered to you. You will
also be subject to that Third Party Service’s refund policies.
Games Offered through Steam. We offer a generous refund policy to our users. You may
request a refund of a game for any reason (i) within fourteen (14) days of purchase and (ii)
so long as the game has been played for less than two hours and the downloadable content
has not been consumed, modified or transferred.
European Union rules. If you reside in the European Union, by law you have the right to
withdraw from a purchase within fourteen (14) days, commencing on the day when you
receive your purchase (“cooling-off period”) if you have not used the Virtual Currency,
Virtual Goods and/or game within the cooling-off period and you wish to obtain a refund,
please immediately advise Nival (or the applicable Third Party Service) so that a refund can
be issued within 30 days.
If your use of our Games or game purchase is subject to any type of use or sales tax, then
Nival may also charge you for those taxes.
Illegal charges. If a user has incurred charges or fees as a result of bona fide identity theft,
Nival will work with the user and the third party payment provider to achieve a refund for
such charges or fees.
License to Virtual Currency or Virtual Goods. Other than a limited, revocable, non-
transferable license to use the Virtual Currency or Virtual Goods in our Games, you have no
right in or title to such Virtual Currency and Virtual Goods. Nival has the absolute right to
manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods
as it sees fit in its sole discretion, and Nival shall have no liability to you or anyone for the
exercise of such rights.
11. LINKS TO THIRD PARTY SITES; ADVERTISEMENTS
Nival may provide links on our Games to third party websites or vendors who may invite
you to participate in a promotional offer in return for receiving additional services, Virtual
Goods and/or Virtual Currency. Any charges or obligations you incur in your dealings with
these third parties are your responsibility. Nival makes no representation or warranty
regarding any content, goods and/or services provided by any third party (even if linked
from our Games), and will not be liable for any claim relating to any third party content,
goods and/or services. Nival is not responsible for such third party content, business
practices or privacy policies, or for the collection, use or disclosure of any information those
sites may collect.
12. MEMBER DISPUTES; RELEASE
You are solely responsible for your interactions with other users of our Games and any
other parties with whom you interact through our Games. Nival reserves the right, but has
no obligation, to become involved in any way with these disputes. 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.
13. GAMES UPDATES
You acknowledge that we may perform updates from time to time for our Games, with or
without notifying you. You may need to update third party software from time to time in
order to use our Games.
14. DISCLAIMER OF WARRANTIES
OUR GAMES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIVAL
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF OUR GAMES OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR GAMES OR PROVIDED
VIA NIVAL. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR GAMES IS AT YOUR
SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USING
OUR GAMES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NIVAL DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NIVAL NOR ITS AFFILIATES OR
SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS,
ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES
OR LICENSORS DO NOT WARRANT THAT OUR GAMES WILL BE UNINTERRUPTED
OR ERROR-FREE.
15. LIMITATIONS; WAIVERS OF LIABILITY
NIVAL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF OUR GAMES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF NIVAL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH OUR GAMES, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USE OF OUR GAMES. NIVAL'S AGGREGATE
MAXIMUM POTENTIAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR
RELATED TO OUR GAMES SHALL BE NO MORE THAN THE TOTAL AMOUNT PAID BY
YOU TO NIVAL IN THE ONE HUNDRED EIGHTY DAYS (180) DAYS PRIOR TO THE
CLAIM. MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
16. INDEMNIFICATION
You agree to indemnify, save, and hold Nival, its affiliated companies, contractors,
employees, agents and its third-party suppliers, licensors, and partners harmless from any
claims, losses, damages, liabilities, including legal fees and expenses, arising out of your
use or misuse of our Games, any violation by you of these Terms, or any breach of the
representations, warranties, and covenants made by you herein. Nival reserves the right, at
your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify Nival, and you agree to cooperate with Nival’s defense of these
claims. Nival will use reasonable efforts to notify you of any such claim, action, or
proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your
account or of our Games.
17. DISPUTE RESOLUTION
Before resorting to formal dispute resolution mechanisms, we strongly encourage you to
first contact us directly to seek a resolution within a thirty (30) day period. If this fails,
additional informal discussions begin upon written notice from you or Nival. Nival will send
its notice to the email address you have provided to us and may also provide a copy to a
physical address if we have one on file. You will send your notice to Nival at:
legal@nival.com. This Section 18 shall apply to the maximum extent permitted by
applicable law. If the laws of your jurisdiction prohibit the application of some or all of the
provisions of this Section, such provisions will not apply to you.
Exceptions to Informal discussions and arbitration. You and Nival agree that the
following disputes are not subject to the provisions concerning informal discussions and
binding arbitration:
(1) any disputes seeking to enforce or protect, or concerning the validity
of, any intellectual property rights;
(2) any dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or criminal activity; and
(3) any claim for injunctive relief.
Arbitration.
If it is not possible to resolve a dispute through informal discussions, either you
or Nival may elect to have the dispute (except those disputes expressly excluded below)
finally and exclusively resolved by final binding arbitration.
The arbitration shall be performed under the arbitration rules of the Cyprus Chamber of
Commerce and Industry. Your arbitration fees and your share of arbitrator compensation shall
be governed by these rules.
Venue. Any arbitration will take place in the Republic of Cyprus. Either party may appear
via digital or telephonic means if a personal appearance is not reasonably feasible.
Further, you and Nival agree that the following rules shall apply to the arbitration
proceedings:
(a) the arbitration shall be conducted in English or in a language mutually
agreed by the parties;
(b) the arbitration shall take place in a timely manner;
(c) discovery
shall be limited and pre-hearing information exchange shall be limited to the reasonable
production of relevant documents;
(d) the arbitration award shall be rendered within six (6)
months of the commencement of the arbitration, unless such time limit is extended by the
arbitrator; and
(e) any judgment on the award rendered by the arbitrator may be entered in
any court of competent jurisdiction.
18. GENERAL PROVISIONS
Assignment.
Nival may assign or delegate these Terms and/or the 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 or Privacy Policy without
Nival’s prior written consent, and any unauthorized assignment and delegation by you is
ineffective.
Severability. You and Nival agree that if any portion of these Terms or of the 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
these Terms, which shall continue to be in full force and effect.
Supplemental Policies.
Nival may publish additional policies related to specific services
such as forums, promotions, contests or loyalty programs. For example, before participating
in our game forums, you should read and must abide by the forum rules applicable to the
community of the Game. Your right to use such Games is subject to those specific policies
and these Terms.
Language. These Terms and all related documents are written and shall be interpreted in
the English language.
Notices. We may notify you via postings on www.nival.com and via e-mail or any other
communications means. All formal legal notices given by you or required from you under
these Terms or the Privacy Policy shall be in writing and delivered to Nival at the address
stated herein.
Equitable Remedies Available to Nival. You acknowledge that the rights granted and
obligations made under these Terms are of a unique and irreplaceable nature, the loss of
which shall irreparably harm Nival and which cannot be replaced by monetary damages
alone so that Nival shall be entitled to injunctive or other equitable relief (without the
obligations of posting any surety or proof of damages) in the event of any breach or
anticipatory breach by you.
Your Waiver of Injunctive or Equitable Relief. You irrevocably waive all rights to seek
injunctive or other equitable relief, or to enjoin or restrain the operation of our Games,
exploitation of any advertising or other materials issued in connection therewith, or
exploitation of our Games or any content or other material used or displayed through our
Games and agree to limit your claims to claims for monetary damages (if any), in
accordance with the limitations stated herein.
Survival of Provisions. Sections and provisions which by their nature survive expiration or
termination of these Terms, including without limitation liability and warranty disclaimers
and limitations, shall survive expiration or termination.
Entire Agreement. These Terms, any other policies and any documents expressly
incorporated by reference herein (including the Privacy Policy and Code of Conduct),
contain the entire understanding of you and Nival, 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 with
respect to our Games. Except as expressly and specifically set forth in this these Terms, no
representations, statements, consents, waivers, or other acts or omissions by Nival shall be
deemed a modification of these Terms nor legally binding, unless documented in physical
writing, hand signed by you and a duly appointed officer of Nival.