Last modified: October 4, 2021
We are Neverest Games, a company under laws of Greece, with registered address at: 43 Str. Ipsilantou, 18532, Piraeus, Attica, Greece (“Neverest Games” or “NV” or “We” or “Us”). NV is a developer and publisher of games and mobile game applications that are made available via app stores including the Apple Application Store and Google Play Store (our “Games” or “Game”).
As a precondition for you using the Site (as defined below under 1), the Games and relative services (the “Services”), you must agree to these terms and conditions (the “Terms of Service” or the “Agreement”). By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to the Agreement, you may not use or otherwise access the Services. Each time you download one of our Games to your device an Agreement is concluded and its terms apply to your use of this Game.
Unless otherwise specified by a component of the applicable Service, the Services are free to use or download but may contain features which may allow you to make purchases within the Services.
You represent that you are 18 years or older. If you are younger than 18 years, you can only download our Games and play them on your device, if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to download our Game o and play our Game subject to these Agreement. Neverest Games may require adequate proof of your identity and age and consent from a parent or guardian at any time.
You represent that you are accessing our Games as a private person. Any commercial use of our Games is not allowed.
2 End-User License Agreement
Subject to the terms of this Agreement, NV grants you a non-transferable, non-exclusive, non-sublicensable license to download and install the Game on a device that you own or control and use and/ or play the Game for non-commercial purpose (the “License”).
2.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Game; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Games, except to the extent the foregoing restrictions are expressly allowed by applicable law; (c) you shall not access any Game in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Game. Any future release, update, or other addition to functionality of any Game (including in-app purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.
2.3 Compliance with applicable laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
NV reserves the right, at any time, to modify, suspend, or discontinue the Games or any part thereof with or without notice. You agree that NV will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Game or any part thereof.
Games provided to you are licensed to you and not sold. NV (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Games, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any Game. The NV tradename, logo, product names, trademarks and distinctive signs associated with the Games belong to NV (or its licensors, where applicable), and no right or license is granted to use them by implication, or otherwise. NV (and its licensors, where applicable) reserve all rights not granted in this Agreement.
When you start or stop a Game, it may display an ad. During gameplay, banners, rewarded videos and/or interstitial ads may be displayed.
3 User Content
3.1 User Content
“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any Game. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by NV. NV is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
By uploading, distributing, or otherwise using your User Content with any Game, you automatically grant, and you represent and warrant that you have the right to grant to NV an irrevocable, non-exclusive, royalty-free and fully paid-up worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content in any Game.
If you provide NV any feedback or suggestions (“Feedback”), you hereby assign to NV all rights in the Feedback and agree that NV shall have the right to use such Feedback and related information in any manner it deems appropriate. NV will treat any Feedback you provide to NV as non-confidential and non-proprietary. You agree that you will not submit to NV any information or ideas that you consider to be confidential or proprietary.
3.4 Acceptable Use Policy
The following sets forth NV’s – “Acceptable Use Policy”:
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Services or any individual element within the Services, our name, any of our trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or content included in the Services;
- Attempt to access or search the Services or content included in the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;
- Use the Services or content included in the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Service;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or content included in the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
4 Term and Termination
4.1 This Agreement runs for an indefinite term.
4.2 Either Party may terminate this Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the Agreement with immediate effect by deleting the Game from your device or removing the Game from your Facebook apps.
4.3 Either Party may terminate the Agreement for cause without giving notice. The grounds for such termination for cause include material breach of these Terms of Service.
4.4 We may (a) suspend your rights to use any Game, and/or any related services or (b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement, specially clauses 4.3 and 4.4. Without limiting the foregoing, NV reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to NV by the copyright owner or the copyright owner’s legal agent.
4.5 Upon termination of this Agreement, your right to use the Game will automatically terminate immediately. You understand that any termination may involve deletion of your in-game progress and any other Game-related data and/ or your User Content associated therewith from our live databases. Only if NV continues to operate the Game, you may again download the Game or access the Game on Facebook whereby a new Agreement will start to run. NV will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content or any game-related data. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2, 2.3, 2.4, 2.5, 3,5, 6, 7, 8, 9, 10, 11, 12 and 13.
You agree to defend, indemnify and hold harmless NV (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any Game, (ii) your User Content, or (iii) your violation of this Agreement. NV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NV and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of NV. NV will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6 Third Parties
6.1 Application Stores
You acknowledge and agree that the availability of the Game is dependent on the third party from which you received Game, e.g., the Apple iPhone, Android, Steam or Amazon stores (“Application Store”). You acknowledge that this Agreement is between you and NV and not with the Application Store. The Application Store is not responsible for the Game, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with Game (if any). You agree to comply with, and your license to use Game is conditioned upon your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using a Game. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
6.2 Third-Party Services
6.3 Links to Third Parties
Any content, advertising or services by such third party are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third party before using their services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. NV is not liable for any claim relating to any content, goods or services of third parties.
6.4 Other Users
A Game may contain User Content provided by other users of the Game. NV is not responsible for and does not control the User Content. NV has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that NV will not be responsible for any liability incurred as the result of any such interactions.
You hereby irrevocably and unconditionally release and forever discharge NV (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers.
7.1 GAMES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND NV (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NV (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY GAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
8 Limitation on Liability
8.1 IN NO EVENT SHALL NV (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR NV’S PRIVACY PRACTICES, ANY GAME, EVEN IF NV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NV’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR NV’S PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID NV IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL NV’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
8.2 NOTWITHSTANDING THE FOREGOING, NO LIMITATION OR EXCLUSION OF LIABILITY SHALL APPLY WITH RESPECT TO: (i) CLAIMS ARISING DUE TO THE OTHER PARTY’S GROSS NEGLIGENCE OR WILFUL DEFAULT; OR (ii) FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
9.1 In-app purchases.
- Neverest Games may license to you certain virtual goods to be used within the Service and which you may purchase with real cash or which you may earn or redeem via gameplay (“Virtual Items”). Virtual Items are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
- Neverest Games may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
- The transfer of Virtual Items is prohibited, except where expressly authorized in the Services, if any.
- Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Neither Neverest Games nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Neverest Games has no liability for hacking or loss of your Virtual Items.
- Price and availability of Virtual Items are subject to change without notice.
- Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started.
- Subject to mandatory legislation, you agree that Neverest Games is not required to provide a refund for Virtual Items for any reason, and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under these Agreement was voluntary or involuntary.
- YOU ACKNOWLEDGE THAT NV IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
- Some parts of the Service are billed on a subscription basis (“Subscription(s)”). Subscription provides access to dynamic content or services from within the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game (“Subscription Period”). Payment will be taken from Your iTunes or Google Play account (“Account”) when You confirm the Subscription by available confirmation tools of the Game.
- Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in the Game. If You do not cancel the Subscription within such period, subscription fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the three-days trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. This must be done 24 hours before the end of the free trial subscription period (Apple App Store), or at any time before the end of the free trial subscription period (Google Play Store), otherwise it will be renewed as a paid subscription. NV can not cancel your free-trial subscription if it has already been activated.
- Subscription is automatically renewable, unless You turn off it at least 24 hours before the expiry of the current Subscription. Subscription fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription (Apple App Store), or at the end of the subscription period (Google Play Store) at the cost of the chosen package. In case Subscription fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.
- Once You have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel Your current Subscription if it has already been activated.
- Except when required by law, paid subscription fees are non-refundable.
- Neverest Games in its sole discretion and at any time may modify the subscription fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in subscription fee. If You do not take action to agree to the increase in subscription fee, Your Subscription shall expire at the end of the current Subscription Period.
- You acknowledge and agree that all billing and transaction processes are handled by Apple App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If You have any payment related issues, then You need to contact Apple App Store or Google Play directly.
10.1 Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Games. Continued use of our Games following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.
Any notice provided to NV pursuant to this Agreement should be sent to firstname.lastname@example.org
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
10.4 Entire Agreement
11 Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using a Game from the Apple Application Store (“Application Store Terms of Service”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 11, the more restrictive or conflicting terms and conditions in this Section 11 apply, but solely with respect to Games from the Apple Application Store.
NV and you acknowledge that this Agreement is concluded between NV and you only, and not with Apple, and NV, not Apple, is solely responsible for Game and the content thereof. To the extent this Agreement provides for usage the rules for Game that are less restrictive than the usage rules set forth for Game in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
11.2 Scope of License
The license granted to you for Game is limited to a non-transferable license to use Game on an iOS Product that you own or control and as permitted by the usage rules set forth in the Application Store Terms of Service.
11.3 Maintenance and Support
NV is solely responsible for providing any maintenance and support services with respect to Game, as specified in this Agreement (if any) or as required under applicable law. NV and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Game.
NV is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Game to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Game to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be NV’s sole responsibility.
11.5 Product Claims
NV and you acknowledge that NV, not Apple, is responsible for addressing any claims of you or any third party relating to Game or your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit NV’s liability to you beyond what is permitted by applicable law.
11.6 Intellectual Property Rights
NV and you acknowledge that, in the event of any third-party claim that Game or your possession and use of Game infringes the third party’s intellectual property rights, NV, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11.7 Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.8 NV’s contact information
NV’s contact information for any end-user questions, complaints or claims with respect to Game is set forth in Section 10.2 .
11.9 Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using a Game.
11.10 Third-Party Beneficiary
NV and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
12 Venue Of Jurisdiction
The parties hereby agree that all disputes arising out of, relating to or concerning these Terms of Service or in which these Terms of Service are a material fact will be brought and venued exclusively in the courts of Athens.
The Residents of EU Member States should first follow the procedure, as descripted in the paragraph 13.5.
13 Governing Law & Dispute Resolution
13.1 Greek law governs these Terms of Service and all relations between NV and You arising hereof.
13.2 In the event of any controversy or dispute between NV and You arising out of or in connection with the use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute amicably.
13.3 The user may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the NV’s email address specified in clause 10.2. NV will process the complaint without undue delay at possible shortest terms, but in no way no longer that 30 days.
13.4 If parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either shall be free to pursue any right or remedy available to them under applicable law.
13.5 For Residents of EU Member States Only:
The European Commission has established an online dispute resolution system, called the ODR (Online Dispute Resolution) platform for alternative dispute resolutions as that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
For resolving any disputes arising from the Services, you are entitled to use the ODR platform, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.