Welcome to Nerd Kingdom, Inc.! These Terms of Service (the “Terms of Service” or “Terms”) govern your use of the products and services (the “Service”) provided by Nerd Kingdom, Inc. (“Nerd Kingdom,” “us,” “we,” or “our”) for The Untitled Game (“TUG” or the “Game”). By using our Services, you are agreeing to these Terms.
These Terms also include and incorporate by reference the following other agreements, which we will refer to as the “Nerd Kingdom Agreements”:
To the extent these Terms conflict with any Nerd Kingdom Agreement, the terms contained in these Terms will govern. Defined terms not defined in a particular Nerd Kingdom Agreement will have the meaning given in the other Nerd Kingdom Agreements.
Nerd Kingdom has the right to change these Terms of Service at any time by posting the amended Terms on or within the Service. We may, in our sole discretion, provide additional notice of any changes, but it is your responsibility to periodically check the Terms of Service for changes. You will be deemed to have accepted any changes to the Terms by continuing to use the Service. Unless otherwise stated, all amended terms shall be effective immediately after they are initially posted.
If at any point you do not agree to any portion of the then-current version of our Terms of Service, you must immediately stop using the Service.
You may only use the Service if you are over the age of 13 and are not barred from using the Service by law. If you are between 13 and 17 years of age, you must show your parent or guardian these Terms and they must agree before you may use the Service. You may be required to register an account to use certain aspects of the Service, for example, to register as a developer, to purchase products, or for other purposes (an “Account”). You are responsible for maintaining the confidentiality of your Account login information, and you are solely responsible for anything that happens through your Account. You may cancel any Account registered to you at any time by contacting our support team at [email protected].
These rules apply to your use of the Service:
You understand that while at times you may “earn,” “buy” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, for use in the Service; or (b) virtual in-game items (together with virtual currency, “Virtual Items”); these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items; rather, you hold a limited license to use the Virtual Items in connection with the Service. The amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. The purchase and sale of the limited license to use Virtual Items referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or redemption of a Nerd Kingdom approved virtual currency. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
You understand that if you use our tools, systems, utilities, platform, etc. (“Tools”) to create or sell Modded Content within the Service, you agree that Nerd Kingdom is entitled to thirty percent (30%) of revenue you receive from that Modded Content and that Nerd Kingdom will be entitled to deduct its percentage before you receive any portion of such revenues. Nerd Kingdom may change the foregoing percentage in its sole discretion at any time by posting a notice thereof in accordance with these Terms.
Nerd Kingdom has the right to suspend or revoke your access to and use of the Service and Game if Nerd Kingdom suspects you have violated these Terms. Any violation of these Terms shall automatically terminate the End User License Agreement, and you will have no further right to use the Service or Game, or to receive any payments or credits relating thereto.
Nerd Kingdom has the right to stop offering and/or supporting the Service or Game or a particular part thereof at any time either permanently or temporarily. If this happens, Nerd Kingdom will not be liable for discontinued elements of the Service or Game, and will not be required to provide refunds, benefits or other compensation to users.
The Service and Game, including patents, trademarks, software including source and object code, and other copyrightable materials incorporated in or displayed on the Service or Game, is owned by Nerd Kingdom. Nerd Kingdom owns all intellectual property rights and proprietary rights in connection with the Service and Game. You agree not to modify, rent, lease, loan, sell, assign, distribute, reverse engineer, or create derivative works based on any element of the Service or Game except as expressly authorized by Nerd Kingdom in these Terms, in an additional agreement applicable to a specific part of the Service or Game, or in a separate written agreement.
Subject to the Terms, Nerd Kingdom will grant you a license to use the Service and Game as stated in Nerd Kingdom’s End User License Agreement.
“User Content” means any information, data, text, images, sounds, software (including source and object code), or other material created, posted, uploaded, stored, or transmitted on the Service or Game by you, including without limitation Modded Content.
Nerd Kingdom does not claim ownership of your User Content. By submitting User Content through the Service or Game, you grant Nerd Kingdom a nonexclusive, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, distribute, sell, and exploit the User Content for any purpose worldwide.
You are responsible for the User Content you transmit through the Service and Game. You understand that by using the Service and Game you may be exposed to content that is offensive, indecent or objectionable. You also acknowledge that Nerd Kingdom does not guarantee the security of any User Content you transmit to the Service or Game; if you wish to keep any aspect of your User Content a secret, do not post it to the Service or Game. You agree that Nerd Kingdom is not responsible for deleting or failing to store any User Content posted, stored, or transmitted through the Service or Game.
Nerd Kingdom has the right, but not the obligation, to monitor all content, including User Content, appearing on the Service and Game, and Nerd Kingdom has the right to edit, remove, or refuse any User Content for any reason in its sole discretion. Nerd Kingdom reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service or Game.
If you submit suggestions, proposals, comments or other materials within the Service or Game, including but not limited to all correspondence and communication with Nerd Kingdom support personnel (collectively “Submissions”), you understand and agree that Nerd Kingdom (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
Your User Content, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service or Game is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Nerd Kingdom, including to enforce these Terms of Service or to exercise our rights under these Terms. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
Nerd Kingdom may provide links on the Service or Game to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service or Game and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Nerd Kingdom makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service or Game, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Nerd Kingdom and may collect data or solicit personal information from you. Nerd Kingdom is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Nerd Kingdom of these linked sites.
It is Nerd Kingdom’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service or Game in a way that may constitute copyright infringement, you may provide notice of your claim to Nerd Kingdom at the address listed below. For your notice to be effective, it must include the following information:
Please send all copyright claim notices to: Nerd Kingdom, Inc., Attn: Designated Copyright Agent, 2900 Gateway Dr, Suite 600, Irving TX 75063; Email: [email protected].
If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us with a written communication sent to Nerd Kingdom at the address indicated above setting forth the following items:
Nerd Kingdom reserves the right to terminate without notice any user’s access to the Service or Game if that user is determined by Nerd Kingdom, in its sole discretion, to be a “repeat infringer.” In addition, Nerd Kingdom accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
You understand that the Service and Game is evolving. Nerd Kingdom may require that you accept updates to the Service or Game, and may automatically update the Service or Game at any time with or without notifying you. You may need to update third party software from time to time in order to receive the Service or Game and use Nerd Kingdom’s software.
You agree to indemnify, save, and hold Nerd Kingdom, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (the “Nerd Kingdom Parties”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service or Game, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Nerd Kingdom reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Nerd Kingdom, and you agree to cooperate with Nerd Kingdom’s defense of these claims. Nerd Kingdom 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(s) or of the Service or Game.
The Service and Game are provided “as is.” Nerd Kingdom does not make any warranty that the Service or Game will be error-free, that defects will be corrected, or that the Service or Game are free of viruses or other harmful components. Nerd Kingdom expressly disclaims all warranties, express or implied, including without limitation the warranties of merchantability or fitness for any particular purpose or use, and non-infringement. Nerd Kingdom does not warrant or make any representations regarding the use, validity, accuracy or reliability of, or the results of the use of, or otherwise respecting, the materials in the Service or Game.
You agree that Nerd Kingdom will not be held liable in any way for damage or loss of any kind, whether for breach of contract, tortious behavior, negligence or any other cause of action resulting from (a) the use of or inability to use the Service or Game; (b) the breach of any representation or warranty; (c) the downloading of any software owned or operated by Nerd Kingdom or any third party provider; (d) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service or Game; or (e) interruptions of service, including without limitation software or hardware failures or any other event which may result in a loss of data or disruption of service. You also agree that Nerd Kingdom will not be held liable to you or anyone else for any indirect, incidental, special, exemplary, consequential or any other damages resulting from the use of or inability to use the Service or Game. Some jurisdictions may not allow the limitation or exclusion of certain warranties or disclaimers in which case some of the warranties or disclaimers provided in this agreement may not be applicable. To the extent that the limitation of liability set forth in this section is prohibited or fails of its essential purpose, Nerd Kingdom’s total liability arising from this agreement and sole obligation with respect to damages shall not exceed one hundred United States Dollars (US$100.00).