Terms of Service
Effective Date: 3/19/2015
Nothing in these terms is intended to affect your rights under the law in your usual place of residence. If there is a conflict between those rights and these terms, your rights under applicable local law will prevail.
You must be at least 13 years of age to use the service. If you are between the ages of thirteen (13) and eighteen (18), you represent that your legal guardian has reviewed and agreed to these terms.
Contract between You and Us
This is a contract between you and Nika Entertainment. You must read and agree to these terms before using our site and/or our Games. If you do not agree, you may not use them. These terms describe the limited basis on which the Nika Entertainment are available and supersede prior agreements or arrangements.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the Nika Entertainment sites and product. If you do not agree to any change to these terms, you must discontinue using them. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to our Games) if you fail to comply with any provision of these terms.
Nika Entertainment Products (Games)
Nika Entertainment Products are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
The Nika Entertainment Games are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights of Nika Entertainment Games are owned by us or our licensors or licensees. Except as specifically agreed in writing, no element of the Nika Entertainment Games may be used or exploited in any way other than as part of the Nika Entertainment Games offered to you. You may own the physical media on which the elements of the Nika Entertainment Games are delivered to you, but we retain full and complete ownership of all Nika Entertainment Games. We do not transfer title to any portion of Nika Entertainment Games to you.
Content and Software License
If a Nika Entertainment Game is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Nika Entertainment products; decompile, reverse engineer, disassemble or otherwise reduce any Nika Entertainment products to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Nika Entertainment products in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.
Disclaimers and Limitation on Liability
The Nika Entertainment Games are provided “as is” and “as available.” We disclaim all conditions, representations, and warranties not expressly set out in these terms.
We shall not be liable to you for indirect, incidental, special or consequential damages, including lost profits and property damage, even if we were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall our total liability to you for all damages, losses, and causes of action exceed one thousand U.S. dollars ($1,000).
These disclaimers and limitations do not affect your rights as a consumer or purport to limit liability that cannot be excluded under the law in your usual place of residence.
Changes to Nika Entertainment Games
Nika Entertainment Games are constantly evolving and will change over time. If we make a material change to Nika Entertainment Games we will provide you with reasonable notice and you will be entitled to terminate this contract.
Third-Party Services and Content
If you access a Nika Entertainment product using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, Amazon Services LLC, Facebook and other Social Networks respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Nika Entertainment Games. You agree that your access to the Nika Entertainment products using these devices also shall be subject to the usage terms as set forth in the applicable third-party beneficiary’s terms of service.
When you play or install the Nika Entertainment Games through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Nika Entertainment Games may be prohibited or restricted by your network provider and not all the Nika Entertainment Games may work with your network provider or device.
Your Content and Account (User Generated Content)
Nika Entertainment Games may allow you to communicate, submit, upload, or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership of your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with Nika Entertainment Games and on third-party sites and platforms such as Facebook, VK, OK, YouTube and Twitter and other social networks), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights, or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display, or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store, and review User Generated Content or communications sent through a Nika Entertainment Game, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice, or recommendations posted or sent by users.
Some Nika Entertainment Games permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use Nika Entertainment Games if you engage in, encourage, or advocate illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or Nika Entertainment Games.
The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical, administrative, and physical security measures that are designed to protect your information from unauthorized access, disclosure, use, and modification.
Nika Entertainment Games may include the option to purchase virtual, in-game currency (“Virtual Currency”) as well as virtual, in-game goods (“Virtual Goods”) by using legal tender. This can only be done if you are considered a legal adult in your country of residence.
All Virtual Currency and Virtual Goods are deemed to be final and non-refundable, unless stated otherwise at our discretion.
Nika Entertainment has absolute control over all Virtual Currency and Virtual Goods and at any time has the right to change the value, modify, and/or eliminate any Virtual Currency and Virtual Goods as it sees fit and without any liability.
No refunds will be given by Nika Entertainment. Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games. In the event that your account is terminated or suspended for any reason, in Nika Entertainment’s sole and absolute discretion, or if Nika Entertainment discontinues its Games, you forfeit any and all Virtual Currency and Goods. We have 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 we shall have no liability to you or anyone for the exercise of such rights.
International Shipping; Customs
When ordering goods for delivery to countries other than the country where the seller is located, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; manuals, instructions, and safety warnings may not be in destination country languages; the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the goods may not conform to destination country voltage (requiring use of an adapter or converter). You are responsible for assuring that the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all the laws and regulations of the destination country.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our e-mail contact written below. We are only able to accept notices in the English and Russian languages.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms that by their nature should survive the termination of these terms shall survive such termination.
Contact for Questions and Claims
If you have any questions about these terms or our Games, you may contact us by email at [email protected]