Effective Date: October 10, 2019
Privacy Policy
Nite, UAB. (“Nite”, “we,” “us,” or “our”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of Personal Data we obtain about users of our games, websites, applications, and other services we provide (collectively, the “Services”).
The term “Personal Data” shall have the meaning assigned to the terms “personal data” and/or “personal information” under applicable laws.
This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the primary access points to the Services or as otherwise required by applicable law. You should consult this Privacy Policy regularly for any changes.
Personal Data
In the course of using the Services, you may provide us with Personal Data either directly or indirectly.
Data we receive directly:
When you register for the Services as a registered user, we may collect the following Personal Data from you directly: your name, email address, zip code/postal code and user name.
We also may receive Personal Data from other third parties if you sign-up to use the Services via certain third-party social networking sites (each a “Social Networking Service”). In this case, we may receive and use Personal Data you have provided to such Social Networking Services and made available via your account privacy settings. In this regard, we may choose to collect the following Personal Data: your name, profile picture, friends list, IP address, Facebook and other unique IDs and email address.
Where applicable, if you do not provide us the relevant Personal Data, you may not be able to use our Services completely.
Data we receive when you use the Services:
We also may collect the following Personal Data from our website or your device when you are using the Services or are navigating to the Services from other (third party) websites: certain information about your computer or mobile device including operating system, software version, Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, language, details about your browser, location information (including inferred location based off your IP address), Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with your account and the devices you use.
Purchase Data:
If you choose to purchase any virtual goods as part of your use of the Services, to the extent
available, we or our third-party service providers may collect the following Personal Data from you in order to facilitate your payment for such virtual goods: Purchase history (this does NOT include payment method details or banking information which is collected and processed by a third-party).
Purpose of the Processing
We process Personal Data for a variety of business purposes, including:
To Provide Products, Services, or Information Requested including to manage user information and accounts; respond to questions, comments, and other requests; provide access to certain areas, functionalities, and features of our Services; answer requests for customer or technical support; and allow you to register for events.
For Administrative Purposes including to measure interest and engagement on our Services; conduct research and development; improve or develop new products and Services; ensure internal quality control; verify an individual’s identity; communicate with you about your account, activities on our Services and policy changes; process your financial information and other payment methods for products or Services purchased; process applications and transactions; prevent potentially prohibited or illegal activities; and enforce our terms.
To Market Our Products and Services including to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials as permitted by applicable law. Such uses include to tailor content, advertisements, and offers; to notify you about offers, products, and services that may be of interest to you; to provide Services to you and our sponsors; and other purposes you consent to or are disclosed when you provide Personal Data.
If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of our email communications to you..
To Communicate with You including to collect Personal Data from you such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, or otherwise communicate with us.
To Conduct Surveys including contacting you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Data.
To Allow You to Use our Interactive Features such as forums, blogs, chat and messaging services, and social media pages. Nite and other individuals who use our Services may collect the information you submit or make available through these interactive features. Any information shared on the public sections of these channels will be considered “public” and may not be subject to the privacy protections referenced herein.
To Allow You to Register for Sweepstakes or Contests including processing contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
To De-Identify and Aggregate Information. We may use Personal Data and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, de-identified or aggregated trends, reports, or statistics, de-identified or aggregated information about the computer or device from which you access our Services, or other analyses we create.
Other Uses
We may use Personal Data to pursue our legitimate interests, research (including marketing research), network and information security, and fraud prevention. In addition, Nite may use Personal Data for other purposes that are clearly disclosed to you at the time you provide Personal Data or with your consent.
Cookies, Pixel Tags/Web Beacons, Analytics Information, Mobile Device Identifiers, and Interest-Based Advertising
We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us to record certain pieces of information whenever you visit or interact with our Services.
Cookies. Cookies are small text files placed in visitors’ device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Mobile Device Identifiers. We may share the advertising identifier associated with your mobile device or tablet (such as the Apple IDFA and Google Advertising ID) with advertisers. An advertising identifier is an alphanumeric string that can be used to identify your device so that advertisers can serve relevant ads to you. We use the Apple IDFA only as permitted by Apple, and we use the Google Advertising ID only as permitted by Google. An advertising identifier is assigned, and ad tracking is turned on, by default on your mobile device. You may limit the use of or reset your advertising device ID using the privacy settings on your mobile device. In some cases, you may need to reset the operating system to reset the advertising device ID.
Analytics. We may also use Google Analytics to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third-party digital properties.
Cookies and Interest Based Advertising
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. To separately make choices for mobile apps on a mobile device, you can download the DAA’s AppChoices application from your device’s app store. In addition, for some devices you may use your device’s platform controls in your settings to exercise choice (e.g., Android and iOS).
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.
You can see the list of companies that may implement and/or access cookies on your mobile device, and how to opt-out to such cookies (where available) at http://www.nite.lt/adpartners/
Unsubscribing from Email and Electronic Communications
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. Regardless of your marketing preferences, we may also send you certain non-promotional communications regarding us and our Services(e.g., communications regarding the Services or updates to this Privacy Policy). We will obtain your consent, where required under applicable law, before sending you our promotional emails.
We may send you notifications through our mobile application. You may at any time change the settings on your mobile device. We may also collect geolocation information if you use our mobile applications. To stop this, you may change the settings on your mobile device.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Third Party Websites/Applications and Software Development Kits
The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Data to provide content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
Data Sharing and Disclosure
Other Nite Registered Users:
If you register for the Services and submit your Personal Data to create a profile in our games, other registered users will see your user name (“Subscriber Identifier”). Providing Other Subscriber Information is voluntary and should correlate with the degree of interaction you want to have with other Nite users. Since your user name is public, we recommend that you do not use your real name as your Subscriber Identifier since that may allow others to identify you in the real world.
Service Providers:
We may share any Personal Data we collect about you with our third-party service providers. The types of service providers to whom we entrust personal information include service providers for the provision of the Services, the provision of information, products, and other services you have requested, marketing and advertising, analytics, customer service activities, and the provision IT and related services.
Marketing – Interest-Based Advertising and Third-Party Marketing:
Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer not to share your Personal Data with third party advertising partners, you may follow the instructions above.
Disclosures to Protect Us or Others:
We may access, preserve, and disclose your Personal Data, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; respond to your requests; protect your, our or others’ rights, property, or safety; to enforce our policies or contracts; to collect amounts owed to us; when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or if we, in good faith, believe that disclosure is otherwise necessary or advisable.
Social Networking Services:
We may share the information in your Nite account profile (including your Personal Data) with the Social Networking Service you have linked to your Nite account to provide you with enhanced services. These third parties have access to your Personal Data only for this purpose (unless they legitimately have received your Personal Data independently of the Nite service) and are obligated not to disclose or use it for any other purpose.
Business Transfers:
Nite may sell, transfer or otherwise share some or all of its assets, including your Personal
Data, in connection with a merger, acquisition, receivership, reorganization, purchase or sale of assets, transition of service to another provider or in the event of bankruptcy.
Individual Rights in Personal Data
As a Nite user, you have the rights explained in this section in accordance with applicable laws. If you want to exercise any of your rights or receive further explanation about them, please contact us via the contact details at the bottom of this Privacy Policy. Please note that some of these rights may be connected to certain statutory preconditions and thus, might not be applicable to you and your specific situation.
● Right of access
You may have the right to confirm that we are processing and gain access to your Personal Data. Should you have any questions regarding the processing, or would you like to have more insight in the Personal Data about you that we process, you are always welcome to contact us, and we will provide you with further information.
● Right to rectification
You may have the right to request that we correct information that we have inaccurately stored. You may also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
● Right to erasure / right to be forgotten
You may have the right to request from us to permanently delete your Personal Data. You can make such a request if you, for example, believe that the Personal Data are no longer necessary in relation to the purpose for which the Personal Data were collected or otherwise processed.
● Right to restrict the processing activities
You may have the right to restrict our processing activities. If you choose to restrict our processing activities as it relates to providing the Services, you might not be able to use them.
● Right to data portability
You may have the right to request from us that we send your Personal Data in a structured, commonly used and machine-readable format, and to transmit those data to another controller.
● Right to Object
You may have the right to object to our processing of your Personal Data. If you choose to object to our processing activities, you might not be able to use all of our Services.
● Right to lodge a complaint with a supervisory authority
If you are unsatisfied with the way we treat your Personal Data, you may reach out to us at all times to solve the issue. However, you always have the right to lodge a complaint with a supervisory authority.
● Right to Withdraw Consent
Where our processing of your Personal Data is based on your consent, you may have the right to withdraw such consent at any time. The withdrawal of your consent will not affect the lawfulness of the processing based on consent before its withdrawal.
If you would like to exercise any of the rights listed above, please open a customer support ticket by sending email to support@nite.lt. We will process such requests in accordance with applicable laws. To protect your privacy, Nite may take steps to verify your identity before fulfilling your request.
Security
Nite is concerned with safeguarding your Personal Data, and we take steps to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we have implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk in accordance with applicable laws.
Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any Personal Data you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.
Phishing
Identity theft and the practice currently known as “phishing” are of great concern to Nite. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your “account ID”, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
International Transfer
Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide Personal Data to us, Nite will transfer your Personal Data to the United States and process it there in order to provide the Services. For such cases, we will contractually ensure that the protection level regarding your Personal Data is consistent with your home jurisdiction.
Retention Period
We will store your Personal Data for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
Our Policy Towards Children
Protecting children’s privacy online is very important to us. Generally, our Services are not directed to children under 13 (or other age as required by local law), and the Services do not knowingly collect Personal Data from children.
For games that are not directed at children but nonetheless may appeal to them, we take additional steps to limit access to these Services based on the user’s age. For these services, when a user indicates they are under 13 (or the applicable age in their territory), we will limit their access to certain features, such as social media plug-ins, chat features, and certain types of notification alerts. For underage players, we also limit Personal Data collection and sharing to only what is necessary to support the internal operations of our Services.
If you are a child, please ask your parent(s) or guardian(s) for permission before using or playing on the Service. If you do not get permission from your parent(s) or guardian(s), you should not use our Service. If you are a parent or guardian and have any concerns regarding the service, wish to review information collected from your child, or have that information modified or deleted, you may contact us at privacy@nite.lt. If we become aware that a child has provided us with Personal Data, we will delete any Personal Data we have collected, unless we have a legal obligation to keep it, and terminate the child’s account and/or revert them to the underage experience, as applicable.
Contacting Us
If you have any questions about this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this policy, please contact us at:
Nite, UAB.
Laisves pr. 60
Vilnius, Lithuania LT-05120
Data Protection Officer: dpo@nite.lt
Updated on October 10, 2019
TERMS OF USE
Please read these terms of use (“Agreement”) carefully before using the software offered by Nite, Inc. (“Company”). By downloading, using, or accessing the Company mobile application (each an “App”), software, and/or any data or content that is accessed, contained, or utilized in or by the App or software (collectively, the “Software”) in any manner, you agree that you have read and agree to be bound by the terms and conditions of this Agreement. If you do not unconditionally agree to all the terms and conditions of the Agreement, you have no right to use the Software, and you must uninstall the software from all of your devices immediately. Use of the Software is void where prohibited. Use of the Software is also governed by Nite’s Privacy Policy, which is incorporated into this Agreement by reference.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS AND CONDITIONS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND NITE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
1. ACCESS TO THE SOFTWARE. When accessing or using the Software, including browsing any Nite, Inc. website or accessing a Nite game, you agree to these Terms of Use and the Privacy Policy. You may also be required to register an account on the Software (an “Account”). Subject to the terms and conditions of this Agreement, Company grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Software on your personal computer or mobile device, solely in machine executable object code form and solely for your own personal, non-commercial use, and not for the benefit of any third party. The Software is owned and operated by Company. Company may change, suspend or discontinue the Software at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Company’s website (currently located at http://www.nite.lt), or by sending you a notice via email or via the Software. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Software following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
2. ELIGIBILITY
You must be at least 13 years old (or such other minimum age as is applicable in your country and/or state of residence) to create an Account to use the Software. If you are younger than 18 years old, you may only use the Software if your parent or legal guardian has read and agreed to this Agreement. By using the Software, you represent and warrant that you (or your parent or legal guardian, as applicable) have reviewed and agreed to this Agreement. Parents and guardians are responsible for the acts of their children under 18 years of age when using our Software.
You further represent and warrant to Company that: (i) you are an individual (i.e., not a corporation); (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Software and take full responsibility for the selection and use of and access to the Software. This Agreement is void where prohibited by law, and the right to access the Software is revoked in such jurisdictions.
3. RIGHT TO TERMINATE ACCESS AND ACCOUNT
WITHOUT LIMITING ANY OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO COMPANY SOFTWARE OR PORTIONS THEREOF IF YOU ARE, OR COMPANY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SOFTWARE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SOFTWARE, AND COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, COMPANY MAY LIMIT, SUSPEND OR TERMINATE THE SOFTWARE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SOFTWARE, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SOFTWARE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, COMPANY MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
4. SOFTWARE CONTENT. All materials displayed or performed on the Software (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Company game client, and the Company game clients and server software) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Software, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 1), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Software in whole or in part.
In the course of using the Software, you and other users may provide information which may be used by Company in connection with the Software and which may be visible to certain other users. You understand that by posting information or content on the Software or otherwise providing content, materials or information to Company or in connection with the Software (collectively, “User Submissions”), Company hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Company will only share personal data identified in the Company’s current Privacy Policy Nite.lt/privacy in accordance with that policy. You also hereby do and shall grant each user of the Software a non-exclusive license to access your User Submissions through the Software, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Software and under this Agreement. Furthermore, you understand that Company retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Software is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.
You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Software. Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Software is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
“NITE” “Uogienė” and its associated logos are trademarks of Company. All rights reserved. All trademarks not owned by Company that appear in the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
5. YOUR WARRANTY. You warrant, represent and agree that you will not contribute any content or otherwise use the Software in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, dangerous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any content from the Software at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Software, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Software and as otherwise provided herein.
6. RESTRICTIONS. You assume total responsibility and risk for all of your activity in connection with the Software. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Software. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user. Use of the Software to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Software, or any processes that run or are activated while you are not logged on to the Software, or that otherwise interfere with the proper working of or place an unreasonable load on the Software’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Software is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Software.
7. WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Software; what content you access via the Software; what effects the Software or the content accessed therein may have on you; how you may interpret or use the content accessed via the Software; or what actions you may take as a result of having been exposed to the Software. You release Company from all liability for you having acquired or not acquired content through the Software. The Software may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Software, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Software. THE SOFTWARE AND ANY COMPANY SERVICES RELATED THERETO ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. PRIVACY POLICY. For information regarding Company’s treatment of personal data, please review Company’s current Privacy Policy at www.Nite.lt/privacy/, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Privacy Policy.
9. REGISTRATION AND SECURITY. As a condition to using some aspects of the Software, you may be required to register with Company and select a password and user name (“Company User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
10. INDEMNITY. You will indemnify and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your access and use of the Software, (ii) your violation of this Agreement, and/or (iii) the infringement by you or any third party using your Account of any intellectual property or other right of any person or entity.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SOFTWARE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFORE OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY DAMAGE YOU MAY SUFFER BY USING THE SOFTWARE WHILE OPERATING A MOTOR VEHICLE, IN VIOLATION OF THIS AGREEMENT).
12. SUBSCRIPTION FEES AND PAYMENTS
Some Company games may offer a monthly subscription plan and a free trial subscription. If you purchase a subscription plan, the subscription fee will be charged to your iTunes Account if you use an Apple device, and through your Google Play account if you are an Android user. Subscription plan prices may vary depending on your country. Monthly subscriptions will be charged to you at the beginning of your subscription period and will be charged each month thereafter at the then-current rate unless you cancel.
Automatically Recurring Payment
When you purchase a Subscription Plan, you acknowledge that your subscription will automatically renew each month unless you cancel it or disable automatic renewal at least 24 hours before the end of the current monthly subscription period. Unless you cancel your subscription, the payment method you provided will be automatically charged each month the then-applicable monthly subscription fee, within 24 hours of the calendar day corresponding to the date of commencement of your subscription. If your monthly subscription began on a day not contained in a given month, we may charge you on such other day in the applicable month as we deem appropriate. For example, if your subscription started on January 31st, your next payment date is likely to be February 28th and you will be billed on that date. Your Subscription Plan will continue until cancelled by you or we terminate access to or use of the Software in accordance with this Agreement.
Free Trials
We offer free trial subscriptions during which you may use the Services for a limited trial period without payment. Free trial subscriptions are only available to new subscribers. Unless you cancel your free subscription prior to the end of your trial, we (or our third-party payment processor) will begin charging you the applicable subscription fee, whether on a recurring basis for a monthly or annual subscription or a one-time basis for a lifetime subscription, until you cancel your subscription. Instructions for cancellation are stated below in the section titled “Cancellation of Subscription” below. If you purchase a subscription plan before your free trial period expires, any unused portion of the free trial period will be forfeited.
Cancellation of Subscription
You may cancel your subscription at any time. Unless an exception applies under applicable law in your jurisdiction, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation. To cancel, you can turn off automatic renewals in the Account Settings of the Software. If you use the Software on an Apple device, you can also cancel through the Settings on your device. Go to Settings, tap iTunes & App Store, tap your Apple ID, tap View Apple ID, sign in if requested, then tap Manage under Subscriptions. If you are an Android user, open the Google Play Store on your device, tap Menu and then Subscriptions. Tap the subscription to cancel, and then tap Cancel.
We may terminate access to or use of the Software, at our sole discretion, at any time and without prior notice. All fees are non-refundable, except as required by applicable law in your jurisdiction.
Subscription Price Changes
The price of subscriptions is subject to change at any time without notice. If we change the price of your monthly or annual subscription, you have the option to cancel at any time before the new price is applied.
13. IN-APP PURCHASES – FEES AND PAYMENT. In the Software users may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Company games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Software.
Company may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Company shall have no liability to you or any third party in the event that Company exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Software. Other than as expressly authorized in the Software, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Company, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL CURRENCY AND VIRTUAL ITEMS MADE THROUGH THE SOFTWARE ARE FINAL AND NON-REFUNDABLE, EXCEPT AS REQUIRED BY APPLICABLE LAW.
The provision of Virtual Items for use in Company games is a service provided by Company that commences immediately upon acceptance by Company of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Company may revise the pricing for the goods and services offered through the Software at any time. YOU ACKNOWLEDGE THAT COMPANY 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 AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
14. THIRD PARTY WEBSITES AND SERVICES. The Software may contain links to third party websites or services that are not owned or controlled by Company. When you access third party websites or services, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Software and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site.
By using the Software, you expressly relieve and hold harmless Company from any and all liability arising from your use of any third party website or service.
15. TERMINATION. This Agreement shall remain in full force and effect while you use the Software. You may terminate your use of the Software at any time by uninstalling it from your device. If you have an automatically renewing subscription, please follow the instructions in the “Cancellation of Subscription” section above to cancel your subscription. Company may terminate or suspend your access to the Software, for any reason or for no reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Software. Any fees paid hereunder are non-refundable, unless provided by applicable law in your jurisdiction. Refund requests should be directed to the App Provider. Apple’s terms can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html; Google’s terms can be found at https://play.google.com/intl/en-us_us/about/play-terms/index.html.
Upon termination of your Account, your right to use the Software, access will immediately cease. Sections 4, 7, 10 and 11 shall survive termination.
16. MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nite. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notices or other communications provided by Nite under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Both parties agree that this Agreement, including the incorporated Privacy Policy, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
17. DISPUTE RESOLUTION & ARBITRATION AGREEMENT. Please read this section following section carefully as it limits the manner in which we can seek relief from each other. This Section 17 only applies to you if you are a resident of the United States or if you commence any action against Company in the United States.
A. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Software or User Submissions (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
B. Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at legal@nite.lt within thirty (30) days following the date you first agree to this Agreement.
C. Conducting Arbitration and Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. The AAA Rules are available on the AAA website and are hereby incorporated by reference. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state where the arbitration hearing is to be conducted, and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
D. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If you initiate the arbitration, the only fee you will be required to pay is a non-refundable $200 filing fee. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
E. Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
F. Effect of Changes on Arbitration. If Company changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to legal@nite.lt) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
G. Severability. With the exception of any of the provisions in Section 17(e) of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.
18. GOVERNING LAW AND VENUE. Disputes will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of law provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” you agree that the California state and U.S. federal courts located in the County of Los Angeles shall have exclusive jurisdiction over all Disputes that you and Company are not required to arbitrate and you agree to the venue of such courts.
19. FORCE MAJEURE. Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
20. COPYRIGHT DISPUTE POLICY. Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Software infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Software.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
NITE, UAB.
Legal Dept.
Laisves pr. 60
Vilnius, Lithuania LT-05120
21. RIGHTS AND TERMS FOR APPS.
A. Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
1. This Agreement is concluded between you and Nite, and not with the App Provider, and Nite (not the App Provider), is solely responsible for the App.
2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Nite.
4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Nite will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
6. The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
7. 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.
8. You must also comply with all applicable third party terms of service when using the App.
22. CONTACT. If you have any questions, complaints, or claims with respect to the Software, you may contact us at Nite, UAB, Laisves pr. 60, Vilnius, Lithuania LT-05120 or support@nite.lt.