MG Billing Ireland Ltd or MG Billing US Corp (“Nutaku”) its representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents (collectively “we” or “us” or “our”) provide games (“Game(s)”)on the Nutaku.com and Nutaku.net websites (“Websites”) and on its associated properties, games and platforms (Games and Websites are hereinafter collectively referred to as "Website(s)").
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
The Website is for your personal use and shall not be used for any commercial endeavor. Any illegal and/or unauthorized use of the Website is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the foresaid Website is prohibited.
You may access portions of the Website without registering. However, in order to access some portions and features of the Website and play use, purchase or download the Games, you will be required to register with and sign into the Website. You are responsible for maintaining the confidentiality of your password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Your username will be publicly available and used in Games to publicly associate you with your account.
3.1 You acknowledge and agree that you shall not:
The content contained on the Website (with the exception of User Submissions), including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to the Website, subject to copyright and other intellectual property rights under the laws of the United States, Canada and other laws and international conventions. content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights in and to the Website and the content not expressly granted to you herein. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any commercial use, copying, and/or distribution of User Submissions of third parties obtained through the Website. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
The Website permits the submission of comments and images and the hosting, sharing and publishing of User Submissions on the Websites Forum. You understand that whether or not such User Submissions are published and/or uploaded, we do not guarantee any confidentiality with respect to any submissions.
The Website allows/permits you to link to materials on the Website for personal, non-commercial purposes only.
If you want Nutaku to remove a User Submissions from the Website, please contact us at You will need to provide us with specific information describing the location of the User Submissions that you want us to remove and the reasons underlying your request. We will take reasonable efforts to remove the User Submissions upon receiving a sufficiently detailed request.
You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
In submitting material (video or other communication), you further agree that you shall not:
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities or infringement of intellectual property rights on the Website. We reserve the right, in our sole discretion, to remove all content and User Submissions if properly notified that such content or User Submissions infringe on anyone’s intellectual property rights. We reserve the right to remove content and User Submissions for any or no reason and without prior notice or delay. We reserve the right, in our sole discretion, to terminate a User's access to the Website or ability to post User Submissions, if we determine the person to be an infringer. While pornographic and adult content are accepted, we also reserve the right to decide in our sole and unfettered discretion, whether content or a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. We may remove such User Submissions and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and in our sole discretion.
You understand and acknowledge that when using the Website you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the content of User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us and our licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You agree that we may at our sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other network or service at any time, for any reason, or for no reason at all, with or without notice.
We assume no responsibility whatsoever for monitoring the Website for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor the Website, however, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. We may review and delete any User Submissions that, in our sole judgment, violate this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts. If you have a good faith belief that your copyright is being infringed by any content accessible on or through the Website, please send a notice of claimed infringement, including all of the information listed below, to our Designated Copyright Agent at:
To be effective, the notice of claimed infringement must include the following required contents:
Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
We reserve the right to terminate a User's account for any reason or no reason, including without limitation if we determine, in our sole discretion, that the User has violated this Agreement, without prior notice. We also reserve the right to render the Website temporarily or permanently inaccessible for any or no reason in our sole discretion.
The Website abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated on the Website. We do not condone child pornography and will cooperate with all governmental agencies that seek those who produce and disseminate child pornography.
You acknowledge that we reserve the right to charge for service and to change our fees from time to time in our sole discretion. Furthermore, in the event that we terminate your account, you shall not be entitled to the refund of any unused credit, Gold, coins or Games.
We may charge fees to access and acquire certain Games, Game items or participate in Game activities on the Website and may allow the purchase of in-game “currency” ("Gold") that may be applied to the purchase of Games, in-game items or activities. ANY APPLICABLE GOLD, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. GOLD HAS NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
You will then be required to log into your account before proceeding to checkout. Prior to the submission of your order, you will be required to submit billing and payment information. You will then receive an e-mail from the Website confirming your purchase.
Items or Games offered for sale and/or redemption through the store are for personal use only. In the event your order is canceled, we will attempt to notify you, using the e-mail provided with your order.
If you have elected to purchase any Games or Gold packages through the Website, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges. Any prices posted in US Dollar or non-US dollar currencies by the Website on the store include any applicable sales tax.
Where and to the extent required by applicable laws, you will be able to verify and modify your order information before confirming your order. After the submission of your order, you will receive an e-mail receipt from the Website providing full details of your purchase. You hereby agree to receive all notices and records in electronic form.
All charges made to your credit card or debits to your account can be viewed by you under the Payment History section of the account management area.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ITS SITE OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICE PURCHASED AND OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OUR SERVICE. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GAMES, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
The foregoing shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that we shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
TO THE FULL EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THIS AGREEMENT, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU RELEASE US FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, THAT ARE DESCRIBED IN THIS SECTION ON LIABILITY LIMITATIONS. YOU ALSO WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." .
YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE § 1542. YOU AGREE NOT TO FILE ANY ACTION OR LAWSUIT INCONSISTENT WITH THE FOREGOING RELEASE.
This Agreement and the relationship between you and us shall be governed by the Laws of Grand Duchy of Luxemburg, as an agreement wholly performed, negotiated and executed therein without regard to conflict of law rules. You agree that: (i) the Website shall be deemed solely based in Luxemburg; and (ii) the Website shall be deemed a passive Website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Luxemburg. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Luxemburg. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Website is operated Nutaku, a private limited liability company to be organized under the laws of the Grand Duchy of Luxembourg, 32, Boulevard Royal, L-2449 Luxembourg
All notices of copyright infringement claims should be sent to:
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to:
No waiver by us of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. All waivers hereunder must be made in writing and signed by the waiving party.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by it without restriction.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries. For the purpose of clarity, our representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, licensors and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.