Terms of Service


Last Updated: June 1, 2020

The terms of this Agreement ("Terms of Service") govern your relationship with NOISETTE SOFTWARE CORPORATION, its parent companies, subsidiaries, and affiliates (hereinafter collectively referred to as "NSC" or "We") regarding your use of NSC's computer software and related services, which include branded websites (hereinafter "The Services").

PLEASE READ THE FOLLOWING TERMS OF SERVICE AND PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES.

Introduction
By installing, registering with, using or otherwise accessing the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy referenced below ("Privacy Policy"). If you do not accept these Terms of Service and the Privacy Policy, you are not authorized to use the Services.

We may modify these Terms of Service and the Privacy Policy at any time and such modification will be effective upon the date the Terms of Service and Privacy Policy are posted to http://cloud.nscapps.com/terms.html and http://cloud.nscapps.com/privacy.html.

By accessing, using or downloading the Services, you acknowledge and agree that you shall be bound by any such revisions. If you do not wish to be bound by the modified Terms of Use or Privacy Policy, you must cease use of the Services.

License and Limitations on Use
Subject to your agreement and compliance with the Terms of Service and Privacy Policy, NSC grants you a non-exclusive, non-transferable, revocable limited license to access and use the Services through a supported Web browser or computing device solely for your own non-commercial, entertainment purposes. You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you will not:

  1. Restrict or inhibit any other person from use of the Services or interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirements, procedures, policies, or regulations of such networks.
  2. Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud NSC or any third party or take any other action which otherwise violates these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Services is accessed.
  3. Attempt to obtain passwords or other private information from other members including personally identifiable information.
  4. Use the Services if you have previously been removed or banned by NSC.
  5. Develop, distribute or use any software programs or other applications that allow the user to cheat or obtain an unintended advantage while using the Services.
  6. Exploit or distribute any game error or technical glitch that provides an unintended advantage.
  7. Transfer, sell, or re-sell Virtual Currency or Virtual Goods (as defined below), to other individuals, parties, or entities, or fraudulently acquire Virtual Currency or Virtual Goods.
  8. Rent, lease, sell, trade, or otherwise transfer your account to anyone without NSC's written permission.
  9. Access or use an account which has been rented, leased, sold, traded, or otherwise transferred from the account creator without NSC's written permission.
  10. Use the Services to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  11. Attempt to use the Services on or through any Web site or service that is not authorized by NSC.
  12. Modify, adapt, translate, reverse engineer, or disassemble any portion of the Services.

Access
By using your Facebook account to login to the Services, you affirmatively consent to our sharing of your actions and data with Facebook. You must be at least 13 years of age and have a valid, active Facebook account to use and access the Services. You are responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your password or user login information ("User Name"), or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occurs in connection with your password or User Name. You agree to immediately notify us of any unauthorized use of your password or User Name or any other breach of security related to your account or the Services, and to ensure that you "log off" or exit from your account with the Services (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

You further represent and warrant that all information you supply to NSC is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your participation and forfeiture of any Virtual Currency and Virtual Goods to which you are otherwise entitled.

Virtual Currency
The Services may include a virtual, in-game currency ("Virtual Currency") including, but not limited to chips, coins, cash, or points, that may be purchased through the Services for "real world" money if you are a legal adult in your country of residence. The Services may also include virtual, in-game digital items ("Virtual Goods") that may be purchased through the Services for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from NSC or any other party.

Virtual Currency and Virtual Goods may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Currency and Virtual Goods may only be purchased or acquired through means specifically authorized by NSC. We reserve the right to refuse your request to purchase and/or acquire Virtual Currency or Virtual Goods for any reason. When you purchase Virtual Currency, it will reside in your NSC account until discharged through use of the Services.

Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency with the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. NSC has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and NSC shall have no liability to you or anyone for the exercise of such rights.

The transfer of Virtual Currency and Virtual Goods is strictly prohibited except where explicitly authorized within the Services. Any attempt to do so is in violation of these Terms of Service and may result in a lifetime ban from the Services and possible legal action. You agree that all sales of Virtual Currency and Virtual Goods are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Currency and Virtual Goods are forfeited if your account is terminated or suspended for any reason, in NSC's sole and absolute discretion, or if the Services are no longer available.

Intellectual Property Ownership
NSC and its licensors retain all rights in the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively the "Content"). The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Content may not be used by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark ("Trademarks") used with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.

NSC and/or its licensors and affiliates own all right, title, and interest, including copyrights, trademarks and other intellectual property rights, in and to all the Services Content. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Services Content.