Terms of Service

Effective Date: 01/07/2020

The terms of this agreement (“Terms of Service”) govern the relationship between you and Nanoreality Games Limited and its affiliates (hereinafter “Nanoreality” or “Us” or “We”) regarding your use of Nanoreality’s mobile games, websites, devices including all information, text, graphics, software and related services. The Terms of Service apply to your download, access and/or use of Nanoreality games, whether on your PC, on a mobile device, on our website or any other website, or on any other device or platform (each a "Game" and together the "Games"). The Terms of Service also apply to any of our other services that we may provide in relation to the Games or the websites www.nanoreality.com and nanoreality.com (collectively and individually, "Website/App"), such as customer support, social media and community channels (we refer to all our Games and other services described hereto collectively as the "Service" in these terms). Effective Date: 01/07/2020

The terms of this agreement (“Terms of Service”) govern the relationship between you and Nanoreality Games Limited and its affiliates (hereinafter “Nanoreality” or “Us” or “We”) regarding your use of Nanoreality’s mobile games, websites, devices including all information, text, graphics, software and related services. The Terms of Service apply to your download, access and/or use of Nanoreality games, whether on your PC, on a mobile device, on our website or any other website, or on any other device or platform (each a "Game" and together the "Games"). The Terms of Service also apply to any of our other services that we may provide in relation to the Games or the websites www.nanoreality.com and nanoreality.com (collectively and individually, "Website/App"), such as customer support, social media and community channels (we refer to all our Games and other services described hereto collectively as the "Service" in these terms).

Use of the Service is also governed by Nanoreality’s Privacy Policy see here www.nanoreality.com/privacy_policy. By using any of the Websites/App and the Services offered on it, downloading any software, or browsing the Websites, as well as by downloading any of Nanoreality’s mobile games from app stores, you accept the following Terms of Service. If you do NOT agree to all these Terms of Service, please do NOT use the Websites/App and/or download any of our Games.

Summary of Key Points
You should read all of these Terms of Service and also our Privacy Policy, but here are some key points we want to draw to your attention:
• By using the Service, you accept this Terms of Service and consent to our Privacy Policy.
• You agree to use the Service legitimately, honestly and in accordance with this Terms of Service and any additional terms. You understand that your account, points and any other rewards or potential rewards accumulated (if any) may (in our sole discretion) be terminated or forfeited without any liability to you if you use the Service in a fraudulent manner or do not use the Service legitimately, honestly and in accordance with this Terms of Service and any additional terms. We reserve the right to review your activity in connection with the Service to identify such actions.
• You agree to indemnify Nanoreality for claims arising from your breach of this Terms of Service or arising from the content you submit through the Websites /App, among other types of claims. See Section N.
• Your use of the Service is AS IS, without warranty and will result in no liability to us. See Sections M-O.

A. Accessing, Grant of License and using our Service:

1. Before accessing or using the Service, including browsing any Nanoreality Websites/App via computer, mobile device or otherwise or accessing a Game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms of Service. These Terms of Service are made available via the app store or platform that you download our Games from, and it sets forth the terms and conditions governing your use of the Website/App. If you are accessing the Website /App via our application available within Apple App Store, Google Play Store, on Amazon App Store, the Windows Phone Store, you and Nanoreality acknowledge that these Terms of Service are entered into between you and Nanoreality and that Apple App Store, Google Play Store, on Amazon App Store, the Windows Phone Store, is not a party to these Terms of Service. Neither Apple nor Google are a sponsor of any Nanoreality sweepstakes, nor do they endorse this Service or sponsor any prize redemptions. You further agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy (see Privacy Policy www.nanoreality.com/privacy_policy ). These Terms of Service and Privacy Policy are a legal agreement and contain important information about your rights and obligations in relation to our Games and Services.

2. You indicate your acceptance of the Terms of Service by clicking on the "I Agree" button (if one appears), or simply by downloading, installing or using the Service. By doing any of these actions you have indicated that you understand the Terms of Service and accept all of its terms. If you are accepting the terms of the Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of the Terms of Service, and, in such event, "you" and "your" will refer to that company or other legal entity. If you do not agree to these Terms of Service or any future updated version of them, please do not install, use or otherwise access the Service. If in the future update to these terms require a click to accept, then you may not be able to continue to use the Services until you have clicked to accept the updated terms.

3. In order to access the Websites/App, you need a compatible device. You also need access to the Internet through a mobile data plan or an Internet subscription. You are solely responsible for paying any service fees associated with any such access (including data charges). You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services. You must provide all equipment, software and access necessary to connect to our Service. Our Service is not available on all operating systems, devices, or locations. You should note that depending on your device, your device might not be able to access our Service while you are using other features of your device.

4. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Nanoreality Games. Nanoreality reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Nanoreality to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Nanoreality access to any password-protected portions of your Account.

5. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
6. Nanoreality reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Nanoreality Service. You can access the latest version of these terms at any time at www.nanoreality.com/terms_of_service. Your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Nanoreality Privacy Policy, or any other Nanoreality policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

7. The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
8. There may also be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

B. Rewards Programs

1. Overview. Nanoreality shall offer rewards in the form of gift cards (“Gift Cards”) under which you may earn points that can be redeemed for rewards (each a "Reward"). Not all of our Service include a Rewards program, and Rewards may include additional terms. To participate in and be able to redeem a Reward, you must be a legal resident of a jurisdiction where your participation is legal pursuant to the terms hereof, is possible to participate and redeem Gift Cards, and does not create any liability or registration, bonding, tax or other affirmative obligation for us), and agree to this Terms of Service. For avoidance of any doubt a Reward shall only be redeemed in countries pursuant to which the Gift Cards are issued. Any points earned outside of the locations listed are not eligible for redemption. Reward is void where prohibited by law and if the user resides outside the aforementioned countries. Additional terms may apply to your participation in activities allowing you to earn points ("Activities"). Nanoreality may limit or restrict your ability to participate in a Reward program in its sole discretion and may void your points and any Rewards or potential Rewards you have accumulated in a Reward program if you do not comply with the Terms of Service or any applicable additional terms. You agree to abide by the final and binding decisions of Nanoreality regarding a Reward program and your participation in it. Nanoreality may change, suspend or cancel a Reward program at any time without notice including any points you may have accrued. Nanoreality has the right to end a Reward program by providing six (6) months notice to the e-mail address you provided when you registered for a Reward program or last updated your account.

2. Registration. To participate in a Reward program and redeem points, you must register with the applicable Website/App. Only one account is permitted per person. To redeem and receive Rewards, you may be required to provide your real name, phone number, mailing address, e-mail address, Social Security (where applicable) number for tax purposes and other information. Nanoreality reserves the right to verify this information and suspend any account with fraudulent or multiple registered accounts per person. You are responsible for keeping your personal information current.

3. Earning Points. You can earn points in a Reward program by participating in Activities. For example, an Activity may require you to level up or complete quests.

4. If you choose to participate and follow the instructions associated with the Activity, you will be awarded the points associated with completing that Activity. However, there may be limitations on Activities and Rewards. For example, Nanoreality may at any point during a Program:

• change or limit your ability to participate in certain Activities,
• change or limit the allowable frequency of Activities,
• change or limit the number of points you can earn for an Activity,
• change or limit the number of total points you can earn per time period, or
• change the Activities and Rewards that are available or the number of points required for a particular Reward.

5. Redeeming Your Points for Rewards / Point Restrictions. Points that you have earned can be redeemed for Rewards offered in a Reward program pursuant to the Gift Card provider terms and conditions (“Gift Card Provider terms”).You agree to sign an affidavit, release of liability, publicity release or similar agreement if requested by Nanoreality prior to receiving your Reward. Rewards are provided "as is" with no warranty or guarantee, either express or implied by Nanoreality (see "Disclaimer of Warranties" below). Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. You cannot transfer points or have Rewards sent to any third party. Points may not be redeemed with Nanoreality for money or exchanged with any third party for money. The only way to use points is to redeem them for Reward program. You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using the Reward, unless Nanoreality specifically states otherwise in writing in connection with the Reward. Some rewards may have age eligibility requirements. Nanoreality reserves the right to verify your eligibility qualifications prior to fulfilling a Reward.

6. Delivery of Rewards. Delivery of a Reward shall be facilitated as per the terms and conditions of the Gift Card Provider terms.

7. You must use the applicable Website/App to participate in Activities and earn points. You may not register or use more than one account for any reason such as to avoid restrictions or other limitations on Activities, points, or a Reward program. Nanoreality reserves the right to withhold points and Rewards and/or terminate the account of any user suspected of activities that violate this Terms of Service or are unlawful. Points earned are only valid for redemption within a Reward.

8. You further agree that Nanoreality has the right at any time in its sole discretion to cancel and remove points or tokens if your account is found in violation of any of the terms held therein or for any reason at all in Nanoreality’s sole discretion.

9. Members will not be reimbursed for lost or stolen Rewards.

10. Third Party Trademarks. The names of individuals, groups, companies, products and services related to a Reward and Rewards are used for identification purposes only and may be protected by the intellectual property rights, such as trademarks and copyrights, of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service within a Reward or as a Reward does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.

C. Fees and Purchase Terms

1. Purchases. In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or gems, all for use in Nanoreality 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 authorised partners through the Service, and not in any other way.

2. If you are over 18 years old, you may be able to buy virtual goods or virtual money. You agree that once purchased virtual money and virtual goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain virtual money and/or virtual goods only from us, and not from any third party. You agree that virtual money and virtual goods are not transferrable to anyone else and you will not transfer or attempt to transfer any virtual money or virtual goods to anyone else.

3. Virtual Items and Merchandise and/or Rewards may not be bartered or sold unless part of a Nanoreality sponsored program. Virtual Items and Merchandise accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law unless required by applicable law.

4. You do not own virtual goods or virtual money but instead you purchase a limited personal revocable licence to use them - any balance of virtual goods or virtual money does not reflect any stored value.

5. You agree that all sales by us to you of virtual money and virtual goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use virtual goods or virtual money from us, you acknowledge and agree that we will begin the provision of the virtual goods or virtual money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph, a "purchase" is complete at the time our servers validate your purchase and the applicable virtual goods or virtual money are successfully credited to your account on our servers.

6. If you do not connect your Game play on a device to an account that is linked to either your social network account or otherwise linked to your personally identifiable information, we will not be able to restore any purchases to a different device if you lose that device or it is damaged. Accordingly, any risk of loss of virtual goods or virtual money on a device which is not connected in this way is transferred to you upon completion of the purchase as described in the paragraph above.

7. If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.

8. We reserve the right to control, regulate, change or remove any virtual money or virtual goods without any liability to you.

9. We may revise the pricing for virtual goods and virtual money offered through the Services at any time. We may limit the total amount of virtual goods or virtual money that may be purchased at any one time, and/or limit the total amount of virtual money or virtual goods that may be held in your account in the aggregate. You are only allowed to purchase virtual money and virtual goods from us or our authorized partners through the Services, and not in any other way.
10. Depending on your platform, any virtual goods or virtual money purchased will be purchased from your platform provider and such purchase will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the Game.

11. Without limiting paragraph 5 herein, if we suspend or terminate your account in accordance with these Terms of Service you will lose any virtual money and virtual goods that you may have and we will not compensate you for this loss or make any refund to you.

12. Nanoreality may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Nanoreality shall have no liability to you or any third party in the event that Nanoreality exercises any such rights.

13. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Nanoreality, another user or any third party.

14. Accounts that have not earned a point or a token within 180 days or more are deemed inactive. Any points and tokens previously earned in these inactive accounts will be considered null and void.

15. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

16. The provision of Virtual Items for use in Nanoreality Games is a service provided by Nanoreality that commences immediately upon acceptance by Nanoreality of your purchase.

17. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Nanoreality may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT NANOREALITY 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.

D. Login information and your account

1. During the Account creation process, you may be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Nanoreality and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

2. The following restrictions apply to the use of the Service:

• You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
• You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Nanoreality, or previously been banned from playing any Nanoreality Game;
• You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.

3. Nanoreality reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

4. We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any virtual money and/or virtual goods associated with that account and no refund will be offered to you in relation to the same.

5. You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any virtual money or virtual goods associated with your Account).

6. The Service supports only one Account per Game on a supported device.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

E. License

1. You hereby grant to Nanoreality an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Nanoreality the right to authorize others to exercise any of the rights granted to Nanoreality under these Terms of Service. You further hereby grant to Nanoreality the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Nanoreality does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Nanoreality has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

F. License Limitations and Restrictions and Use of Conduct

1. Except as expressly specified in these Terms of Service, you may not: (a) copy or modify the Service; (b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Service to any third party; or (c) make the functionality of the Service available to other users. You acknowledge and agree that portions of the Service, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute the intellectual property of or contain trade secrets of Nanoreality and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

2. Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

3. You agree that you will not, under any circumstances:
• Engage in any act that Nanoreality deems to be in conflict with the spirit or intent of the Service or make improper use of Nanoreality’s support Services.
• Use cheats, exploits, automation software, bots, hacks, or any unauthorized third-party software designed to modify or interfere with the Service, any Nanoreality Game or any Nanoreality Game experience or without Nanoreality’s express written consent, modify or cause to be modified any files that are a part of the Service or any Nanoreality Game.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Nanoreality Game environment.
• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Nanoreality, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
• Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Nanoreality employees, including Nanoreality’s customer service representatives.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Nanoreality employee.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Nanoreality Game, or to obtain any information from the Service or any Nanoreality Game using any method not expressly permitted by Nanoreality.
• Solicit or attempt to solicit personal information from other users of the Service or any Nanoreality Game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

4. You agree that you will not engage in any activity that interferes with or disrupts the Service, Nanoreality Browser, Websites/App or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU to gain distinct advantage on any of our programs. If you are found in violation, your Rewards will be cancelled and your account is subject to be banned.

5. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

6. Nanoreality reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Nanoreality reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

G. Updates and Upgrades; No Obligation.

1. You understand that the Service is an evolving one. Nanoreality may require that you accept updates to the Service and to Nanoreality’s Games you have installed on your computer or any other device. You acknowledge and agree that Nanoreality may update the Service and Nanoreality Games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Nanoreality’s Games.


H. Ownership and Copyright

1. Games and Service. All rights, title and interest in and to the Service (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 Nanoreality Game client, and the Nanoreality Game clients and server software) are owned by Nanoreality. Nanoreality reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Games and the Service.

2. The Service is licensed, not sold. You own the media on which the Service is recorded (if any was provided to you), but Nanoreality retains ownership of the copy of the Service itself, including all intellectual property rights therein, even if Nanoreality incorporates any feedback into subsequent versions of the Service or otherwise uses such feedback. The Service is protected by Spain copyright law. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Service as delivered to you.

3. Nanoreality owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Nanoreality Games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Nanoreality Game, whether earned in a Game or purchased from Nanoreality, or any other attributes associated with an Account or stored on the Service.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NANOREALITY

I. Suspension and Termination of Account and Service

1. We are required to do so by law (for example, where the provision of our Services to you is, or becomes, unlawful); or

2. any partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you; or

4. we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or

5. the provision of the Services to you is, in our opinion, no longer commercially viable.

6. at any reason whatsoever; or if you have broken any of the terms in the Terms of Service herein.

7. Nanoreality reserves the right to stop offering and/or supporting the Service or a particular Game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Nanoreality shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

8. You may terminate your Account at any time and for any reason by contacting support through our App (for avoidance of any doubt this does not refer to the Website) informing Nanoreality that you wish to terminate your Account.


WITHOUT LIMITING ANY OTHER REMEDIES, NANOREALITY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO NANOREALITY SERVICES OR PORTIONS THEREOF IF YOU ARE, OR NANOREALITY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, 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 SERVICE, AND NANOREALITY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND WEBSITES/APP, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE 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, WE 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.
NANOREALITY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

J. User Content

1. “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Nanoreality Game or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Nanoreality in accordance with its Privacy Policy. Nanoreality reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

2. Nanoreality assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

3. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

4. If at any time Nanoreality chooses, in its sole discretion, to monitor the Service, Nanoreality nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

K. Information Use by Other Members of the Service

1. Public Discourse. The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Nanoreality cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Nanoreality shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

2. We may obtain information about you, either individually, or in the aggregate, from other sources, such as third party partners and affiliates. For example, if you navigate to one of our partner stores on a device with the Nanoreality Service and make a purchase, our partner store will notify us that you have made a transaction. As part of this notification, we will obtain the name of the partner store from which you made a purchase, the amount of the purchase, the date of the purchase, in some cases, a description of the item purchased, and your unique tracking ticket. The partner store does not provide us with any credit card information. We are not responsible for the accuracy of any information that we obtain from third parties.

3. You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Nanoreality may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Nanoreality violates these Terms of Service.

L. Embedded Reporting

1. Privacy. You acknowledge that the Service contains automated reporting routines that will automatically identify and analyze certain aspects of use and performance of the Service and the systems with which the Service is used, as well as the operator and operating environment (including problems and issues that arise in connection therewith), and you hereby consent to the Service's sending such data to Nanoreality. Nanoreality will be free to use for development, diagnostic, and corrective purposes any data and information it so collects relating to diagnosis, problems, systems, performance, use, or functionality. Please see Nanoreality’s Privacy Policy for more information and notices concerning Nanoreality’s collection and use of your personal information, including how to opt out of collection of this information.

2. Information sharing. You acknowledge that the Service contains features designed to share select sites (URLs) you browse and other information. In some cases, sharing is explicitly invoked by you (e.g., when you click the Share button). You also acknowledge and agree that your purchase information is shared between Nanoreality partner stores and Nanoreality for the purpose of maximizing your Rewards and improving the Nanoreality Service. Nanoreality also gathers data around the usage of its mobile apps including but not limited to geo-location. To the extent permitted by law, Nanoreality reserves the right to use any data collected, explicitly or implicitly, in any form or fashion that Nanoreality decides.

M. Disclaimer of Warranties

WITHOUT LIMITING NANOREALITY ’S LIABILITY UNDER SECTION N BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NANOREALITY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

N. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

NANOREALITY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NANOREALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NANOREALITY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO NANOREALITY IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO NANOREALITY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND NANOREALITY ’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH NANOREALITY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

1. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Nanoreality may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Nanoreality’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF NANOREALITY.

2. You agree to indemnify, defend and hold Nanoreality harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

O. General Provisions

1. User Representations and Warranties. By using the Service, you represent, warrant and covenant that you: (i) shall use the Service only as set forth in these Terms of Service; (ii) have the power and authority to enter into and be bound by the Terms of Service; and (iii) are thirteen years of age or older. If you are under the age of 13, you are not allowed to use the Service.

2. Severability. You and Nanoreality agree that if any portion of these Terms of Service or of the Nanoreality Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

3. Assignment Nanoreality may assign or delegate these Terms of Service and/or the Nanoreality Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Nanoreality’s prior written consent, and any unauthorized assignment and delegation by you is ineffective

4. Supplemental Policies. Nanoreality may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

5. Entire Agreement.These Terms of Service, any additional terms and any documents expressly incorporated by reference herein (including the Nanoreality Privacy Policy), contain the entire understanding of you and Nanoreality, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

6. No waiver. The failure of Nanoreality to require or enforce strict performance by you of any provision of these Terms of Service or the Nanoreality Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Nanoreality ’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Nanoreality of any provision, condition, or requirement of these Terms of Service or the Nanoreality Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Nanoreality shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Nanoreality.

7. Notices. We may notify you via postings on www.nanoreality.com and nanoreality.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Nanoreality Privacy Policy shall be in writing and addressed to: Nanoreality Games Ltd.: contact@nanoreality.com Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

8. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms of Service to Nanoreality are of a unique and irreplaceable nature, the loss of which shall irreparably harm Nanoreality and which cannot be replaced by monetary damages alone so that Nanoreality shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Nanoreality Game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages.

9. Force Majeure. Nanoreality shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Nanoreality, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Nanoreality’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.

10. Governing Law and Jurisdiction.If a dispute arises between you and Nanoreality, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support through our Apps or via email contact@nanoreality.com. You agree that all disputes between you and Nanoreality shall be governed by the laws of Spain, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Nanoreality must be resolved exclusively by a court located in Spain.