Nevereal Games


Terms of Service


Disclaimers:

You must agree to these terms of service in order to use our site and apply for an account. These terms are subject to change at any time without prior notice

By agreeing to these terms, you are also consenting to the Nevereal Games Privacy Policy and by applying for an account, you consent that in accordance with COPPA regulations, you are 13 years of age or older.

Definitions

Nevereal Games: Also referred to as (us, we, site, service, company in this agreement) is representative of the company in general.
End User: Also referred to as (you, user, client in this agreement) is representative of the entity bound by this agreement.

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. User uploaded content is the responsibility of each user. Users assume copyright rights by uploading content to Nevereal Games.

2. Use License

  1. Permission is granted to temporarily download and play games on the Nevereal Games web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials without written consent from the content's author;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software or service present on this web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server unless authorized by the game owner.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nevereal Games at any time without prior consent. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic, printed or any other format unless otherwise noted by the game publisher.
  3. By uploading a game to Nevereal Games you certify that you are the rightful copyright owner of all content within the game, including any derivative works. If you are not the copyright owner, we refuse the right to withhold your game from publication to our public database. Further, you grant Nevereal Games a a non-exclusive, royalty free, transferable license to use any uploaded content and:
    1. allow Nevereal Games to change your game's icon for search optimization
    2. alter game information to bring game into compliance with this TOS
    3. make backup copies of uploaded data

3. Developer Payments

Users have the option to upload games to Nevereal Games and to charge users a minimum fee in USD to download the game, through a valid linked PayPal account. By enabling this feature, and setting the minimum price to a non-zero amount (any amount other than $0.00), you understand that Nevereal Games will deduct 10% of the final transaction amount each transaction. Purchases exceeding $5.00 USD after the 10% deduction are instantly credited to your valid PayPal account. Purchases that are not greater than or equal to $5.00 USD are posted to your Nevereal Games account. Once your Nevereal Games account reaches the $5.00 USD threshold, payments will be instantly be made to your valid PayPal account.

4. Disclaimer

  1. The materials on Nevereal Game's web site are provided "as is". Nevereal Games makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, accidental hardware failure, or other violation of rights. Further, Nevereal Games does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
  2. You, the end user, grant Nevereal Games a non-exclusive, royalty free, transferable license to use any content posted by your account provided it does not conflict with our Privacy Policy on data we may and may not use.

5. Limitations

In no event shall Nevereal Games or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use or access the materials on Nevereal Games's servers, even if Nevereal Games or a Nevereal Games authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

In the event where the end user wishes to terminate their account with Nevereal Games, the user may apply for an account deactivation process. Once the deactivation process has been initiated by the end user and approved by Nevereal Games, it may take anywhere from one (1) to two (2) weeks to process the request. Once processed, the account will no longer be usable. Due to the nature of the Nevereal Games service, we retain the right to store deactivated accounts for record keeping purposes, including but not limited to settling legal disputes or confirming ownership of content.

6. Revisions and Errata

The materials appearing on Nevereal Game's web site could include technical, typographical, or photographic errors. Nevereal Games does not warrant that any of the materials on its web site are accurate, complete, or current. Nevereal Games may make changes to the materials contained on its web site and in this agreement at any time without prior notice to you, the end user. Nevereal Games does not, however, make any commitment to update the materials.

7. Links

Nevereal Games has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Nevereal Games of the site nor the author. Use of any such linked web site is at the user's own risk.

8. Site Terms of Use Modifications

Nevereal Games may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use and it is your responsibility to maintain informed about changes to this agreement and changes to our Privacy Policy.

9. Governing Law

Any claim relating to Nevereal Games's web site and Nevereal Games services shall be governed by the laws of the State of Sweden without regard to its conflict of law provisions.