Thank you for your interest in Envera Interactive, Inc.'s Nexus™ online distribution software ("Nexus.net") and Envera's interactive games ("Games"). This Agreement sets forth the terms and conditions under which you are licensed to install and use the Nexus.net client software ("Nexus.net Client") to obtain access to Nexus.net, and use Games & Graphic Novels on Nexus.net. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE Nexus.net CLIENT OR ANY OF THE GAMES OR PRODUCTS. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN FOURTEEN (7) DAYS AFTER YOUR PURCHASE OF A SUBSCRIPTION FROM ENVERA, YOU MAY CONTACT ENVERA AT 1-778-776-6815 TO INQUIRE ABOUT A FULL REFUND OF THE SUBSCRIPTION PRICE OF NEXUS.NET.
To use Nexus.net, you must register, or have previously established, an account on Nexus.net (an "Account"). Creation and use of Accounts are subject to the following terms and conditions:
You may establish an Account only if: (i) you are a "natural person" and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Envera from using Nexus.net.
When you create or update an Account, you must provide Envera with accurate and up to date information that is personal to you, such as your name, address, phone number, and email address. Additionally, in order to play certain Games or use certain features offered on Nexus.net, you may be also be required to provide Envera with payment information (such as credit card information). Envera's retention of your personal information is subject to Envera's Privacy Policy, located at http://www.envera.ca/privacypolicy.php. Envera shall also have the right to obtain non-personal data from your connection to Nexus.net.
To play Games on Nexus.net, You will need to add a Game license to an Account, which requires an authentication code generated by Envera.
When you create an Account, you will be required to select a unique username and password (collectively referred to hereunder as "Login Information"). You may not use your real name as the password for the Account, and you cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.
Please take a few moments to review Envera's Nexus.net Account Security information. You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If 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 Envera's Support team.
Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, your "Child") to use an Account on Nexus.net, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child whether or not such uses were authorized by you.
Your use of Nexus.net Games and Graphic Novels (collectively referred to hereunder as "Products") to interact with Envera and other players is governed by Envera's In-Game Policies (the "In-game Policies"). The In-Game Policies are not meant to be exhaustive. The In-Game Policies are incorporated into this Agreement by this reference, and are available for your review.
You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription, you acknowledge that payments will be processed automatically (e.g., debited from your Nexus.net Balance or charged to your credit card) until you cancel the subscription for your Account. Envera may revise the pricing for the goods and services offered through Nexus.net at any time. YOU ACKNOWLEDGE THAT Envera IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO Envera FOR THE USE OF Nexus.net, OR FOR PURCHASES MADE THROUGH Nexus.net or the main Envera webpage http://www.envera.ca, FOR ANY REASON.
Envera shall have the right to monitor and/or record your communications when you use Nexus.net, and you acknowledge and agree that when you use Nexus.net, that you have no expectation that your communications will be private. Envera shall have the right to disclose your communications for any reason, including : (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this Agreement or any other Envera policy; (c) to protect Envera's legal rights and remedies; (d) to protect the health or safety of anyone that Envera believe's may be threatened; or (e) to report a crime or other offensive behavior.
If you accept and comply with the terms of this Agreement, Envera will grant, and you will receive, a non-sub licensable, and non-exclusive license to use Nexus.net and Products subject to the "License Limitations", set forth in Section C below, as follows:
You may install the Nexus.net Client on one or more devices under your legitimate control to access and use Nexus.net.
You may use Nexus.net for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement.
You may not transfer your rights and obligations to use Nexus.net.
With regards to Products purchased from retailers on original media (e.g., on CD-ROM, DVD, etc.) you may permanently transfer all of your rights and obligations related to the use of a Game under this Agreement to another person who agrees to the terms of this Agreement by physically transferring the original media, original packaging, and all manuals or other documentation distributed with the Game provided that you permanently delete all copies and installations of the Game in your possession or control. You agree to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer. Other than as set forth above, Envera does not recognize any purported transfer of the Games; and
Some of the Games playable on Nexus.net may be subject to specific license terms that may include the following:
Trial or 'Starter' versions of Games allow you to play a limited version of the Game before you will be required to purchase a subscription from Envera. A subscription to use the full version of Envera's Products can be purchased through Nexus.net or at our http://www.envera.ca webpage.
In certain cases, the "full version", of Games can only be played after you purchase a subscription for Nexus.net.
You may play the Product(s) you have licensed at publicly available cyber cafés or computer gaming centers on Nexus.net through an Account registered to you.
Envera may revoke your license to use Nexus.net and/or the Products if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
Derivative Works: Copy or reproduce (except as provided in Section 1(B)), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Nexus.net Client or Games.
Cheating: Create, use, offer, advertise, make available and/or distribute the following or assist therein:
Cheats; i.e. methods, not expressly authorized by Envera, influencing and/or facilitating the gameplay, including exploits of any in-game or software bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
Bots; i.e. any code and/or software, not expressly authorized by Envera, that allows the automated control of a Game or System Control, Nexus.net and/or any component or feature thereof, e.g. the automated control of a character in a Game or Speed Reading graphic novels;
Hacks; i.e. accessing or modifying the software of a Game or Nexus.net in a manner, not expressly authorized by Envera; and/or
any code and/or software, not expressly authorized by Envera, that can be used in connection with the Nexus.net client, Nexus.net, a Game and/or any component or feature thereof which changes and/or facilitates the gameplay;
Prohibited Commercial Uses: Exploit, in their entirety or individual components, the Nexus.net Client, Nexus.net or the Products(s) for any purpose not expressly authorized by Envera, including, without limitation (i) playing the Game(s) at commercial establishments (subject to Section 1(B)(vi)(3)); (ii) gathering in-game currency, items, or resources for sale outside of Nexus.net or the Products(s); (iii) performing in-game services, like power-leveling, in exchange for payment outside of Nexus.net or the Products(s); or (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within Nexus.net or the Game(s).
Data Mining: Use third-party software that intercepts, collects, reads, or "mines" information generated or stored by the Nexus.net Client or the Game(s); provided, however, that Envera may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in Nexus.net or the Game(s);
Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by Envera in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by Envera), or as part of content aggregation networks;
Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to Nexus.net or the Game(s) including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, Nexus.net; and (ii) any connection using third-party programs or tools not expressly authorized by Envera;
Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Products(s) or your rights to the Game(s) to any other party in any way not expressly authorized herein;
Disruption: Disrupt or assist in the disruption of (i) any computer or device used to support Nexus.net or any Game environment; or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT Nexus.net OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Violation of Laws: Use a Product, or Nexus.net, to violate any applicable law or regulation.
Open Play: Certain Games feature "Global Play", which allows you to play with players who are outside of the region associated with the Account that you have registered. The Global Play feature requires that some or all of your personal information provided to Envera when you registered the Account be transferred to servers operated by Envera in the regions where you wish to play the Game. By agreeing to participate in Open Play, you agree that Envera can transfer your data to Envera's servers in each of the regions that you select to participate in using the Open Play feature. For more information, please review Envera's Privacy Policy.
As an active Account holder, you may participate in Envera's Nexus.net Balance service ("Nexus.net Balance"). Nexus.net Balance can only be used to obtain certain products and services offered by Envera; it has no cash value. Envera grants you a limited license to acquire, use, and redeem Nexus.net Balance pursuant to the terms of this Agreement. Regardless of how it is acquired, Nexus.net Balance is non-transferable to another person or Account, does not accrue interest, is not insured by the Canada Deposit Insurance Corporation (CDIC), and, unless otherwise required by law or permitted by this Agreement, is not redeemable or refundable for any sum of money or monetary value from Envera at any time. Nexus.net Balance does not constitute a personal property right. Nexus.net Balance is not a bank account. And, while you can register and play on multiple Accounts, you are not allowed to have more than three (3) Accounts with Nexus.net Balance.
To purchase Nexus.net Balance, go to https://www.envera.ca/Nexus/ebalance-purchase.php. You may choose to purchase Nexus.net Balance in different currencies (e.g., US Dollars, Canadian Dollar. Japanese Yen, and Argentinean Pesos) in order to redeem your Nexus.net Balance. It may take up to five (5) days before purchases of Nexus.net Balance are made available for your use. Certain minimums may apply to purchases of Nexus.net Balance, and the maximum balance of your Nexus.net Balance at any time is limited to the equivalent of $500.00 CAD, and the maximum value of all transactions using Nexus.net Balance is limited to $3,000.00 CAD per day. The balance of your Nexus.net Balance shall be determined by converting the Nexus.net Balance across all of the various currencies in your Nexus.net Balance on all Accounts registered to you to the equivalent of Canadian Dollars using the currency conversion formulas posted on http://www.financialpost.com/markets/index.php. Envera reserves the right to change the maximum and minimum amounts applicable to Nexus.net Balances at any time by notifying you in accordance with Section 8 of this Agreement. Transactions to purchase Nexus.net Balance, or redeem Nexus.net Balance for certain goods and services from Envera, are governed by the terms of this Agreement and the Envera Terms of Sale, which can be viewed at http://us.Envera.ca/termsofsale.html. Purchases of Nexus.net Balance are non-refundable, unless otherwise required by law. IN ORDER TO HAVE A Nexus.net BALANCE OF MORE THAN $20.00 USD, YOU MUST ATTACH A Nexus.net AUTHENTICATOR TO YOUR ACCOUNT.
Envera will not send you a statement of itemized transactions for your Nexus.net Balance. In order to check the balance of your Nexus.net Balance or review your recent Nexus.net Balance transactions, go to https://us.Nexus.net/account/transaction-history.html. You are solely responsible for verifying that the proper amount of Nexus.net Balance has been added to or deducted from your Nexus.net Balance.
Tax may apply to your redemption of Nexus.net Balance for Envera products or services in some jurisdictions. The amount of tax charged depends upon many factors, including the type of product or service purchased. Envera will generally include tax in the price for your convenience.
Envera reserves the right to reduce, liquidate, deactivate, suspend or terminate your Nexus.net Balance, or other Envera Products or Nexus.net features if Envera determines in its sole discretion, after investigation, that you have misused Nexus.net Balance or have otherwise used Nexus.net Balance to conduct any fraudulent or illegal activity.
You are responsible for all uses of your Nexus.net Balance. If you suspect that your Nexus.net Balance has been compromised, you should contact Envera Customer Service at http://www.envera.ca/Nexus/support so that the matter can be investigated. Envera, in its sole discretion, may require additional information and/or documentation to verify your claim, and once Envera has the information that Envera deems necessary to verify your claim, Envera will take actions to freeze your Account until Envera has returned control of your Account to you. Regardless of any actions Envera may take on your behalf, you acknowledge and agree that Envera has sole and absolute discretion in determining whether or not your claim is valid and, if so, the appropriate remedy.
User Created or Uploaded Content: Nexus.net and certain Games may provide you an opportunity to upload and display content on Nexus.net and/or as part of a Game, including the compilation, arrangement or display of such content (collectively, the "User Content"). User Content specifically does not include a Custom Game, as defined in Section 1(D)(ii)(1) below. You hereby grant Envera a perpetual, irrevocable, worldwide, fully paid up, non-exclusive right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised. Envera shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as "moral rights" or "droit moral" or any similar law in any country of the world. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Envera may remove any User Content and any related content or elements from Nexus.net at its sole discretion.
Game Editors: Certain Games, such as "Dragon Feeder", and "Garden of War", include editing software (hereafter referred as "Game Editor(s)") that will allow you to create custom games, levels, maps, scenarios or other content ("Custom Games"). For purposes of this Agreement and any agreements referenced herein, "Custom Games" includes all content created using the Game Editor(s), including but not limited to all digital files associated with such Custom Games, as well as (1) all content contained within such files, including but not limited to player and non-player characters, audio and video elements, environments, objects, items, skins, and textures, (2) all titles, trademarks, trade names, character names, or other names and phrases associated with or included within the Custom Game, and (3) any other intellectual property rights contained within the Custom Game, including any and all content, game concepts, methods or ideas. A Custom Game may only be used with the Game's engine that is associated with a particular Game Editor. The manner in which Custom Games can be used or exploited is set forth in the Custom Game Acceptable Use Policy, the terms of which are incorporated into this Agreement by this reference, and which can be found at http://www.envera.ca/legal/acceptable-use.html.
Community Tournaments: In order to support local e-sports tournament activities, Envera hereby grants you a limited, revocable license and right to organize and host small, community tournaments, or a series of tournaments utilizing certain Games ("Community Tournaments") subject to your compliance with the following conditions:
The total value of all prizes to be awarded during a Community Tournament must be less than Ten Thousand Dollars ($10,000.00 CAD) or the equivalent;
If you wish to broadcast a Community Tournament, you must comply with the broadcast requirements set forth at http://www.envera.ca/legal/tournament-guidelines.html
You may not charge fees of any kind for spectators to watch the Community Tournament unless Envera grants you explicit permission;
A Community Tournament cannot be sponsored by any companies that sell or promote any of the following products: Pornography (or extremely mature materials); alcohol; tobacco; firearms; competitive online computer games; gambling websites; or any company that is detrimental to Envera's business (hacking, gold services, account selling, key sellers);
Community Tournaments must comply with all applicable laws and regulations; and
The rules of the Community Tournament must promote fairness such that skill in playing the Game is what determines who will win or lose a match in the Community Tournament.
For a list of the Games that are eligible for Community Tournaments, or for more information or promotional materials please, visit Envera's Community Tournament website at http://www.envera.ca/community/tournament-guidelines.html. If you would like to host and/or organize a tournament with any conditions different than the conditions listed above, please contact Envera at enverainteractive@envera.ca for the necessary licenses.
Beta Testing Pre-Release Versions of Products: Certain pre-release versions of Products may be made available to you through Nexus.net for testing ("Beta Testing"). Beta Testing through Nexus.net will be governed by the following:
Eligibility: In order to participate in a Beta Test, you must meet the following requirements:
Envera must designate you as a Beta tester;
You must be an adult in your country of residence;
The Account that you will use to participate in the Beta Test must be in good standing;
If the Product to be Beta Tested is an expansion to another Product, then the Account must be upgraded with all expansions to that particular Product;
You agree to allow Envera to obtain hardware and software information from the computer system that you will use to take part in the Beta Test (the "System") prior to registration for the Beta Test in order for Envera to determine if you are eligible to participate in the Beta; and
The System or device must meet the specifications which Envera determines are required for the Beta Test.
Confidentiality: If Envera announces that a Beta Test is confidential, the Beta Test invitation you will receive will include a notice that states that the Beta Test is confidential. During a confidential Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential, and you agree to keep everything related to the Beta Test secret from everyone who is not participating in the Beta Test until Envera informs you that the Beta Test is no longer confidential. For purposes of example and not limitation, you agree that you will not disclose the following during a confidential Beta Test:
Information about the Beta Test, such as your role as a Beta Tester, the length of the Beta Test, the number of Beta Testers, how you became a Beta Tester, etc.
Information related to the Product that you are Beta Testing, such as the Products's look and feel, playable races, classes, combat, magic, communication, grouping, questing, non-player character interaction, items, armor, weapons, stability of the Game, art style, theme, story length, story details, plots, twists, atmospheres, etc.
Feedback: During and after the Beta Test, you may be provided with an opportunity to give Envera your comments, suggestions and impressions of the Products by using tools to supply feedback and bug reports, internal websites and forums, and other methods. The Product may also include a tool that will allow your computer system to forward system and driver information to Envera in the event of a crash. This tool will collect data from your computer system related to the crash, and allow you to forward a report to Envera via electronic mail.
Acknowledgments: You acknowledge that:
the Product being Beta Tested is a work in progress and may contain bugs which may cause loss of data and/or damage to your computer system;
you have, or will, back-up your hard drive prior to installation of the Beta;
you have the resources necessary to easily reinstall your operating system and restore any and all data that may be lost;
Envera is not liable in any way for the loss of data or damage to the System, interruptions due to a lost connection to Nexus.net, software or hardware failures, or loss of data or disruption of the player's ability to connect to Nexus.net;
Envera may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta including, without limitation, packets, chat, email, message board postings, etc.;
Envera may delete or modify the information stored by Nexus.net or the Game being Beta Tested for any reason at any time during the duration of the Beta Test;
Envera may transfer software program files to the System, including a program that will collect and send Envera CPU, RAM, operating system, video card, and sound card information from the System; and
You may not sell, transfer or commercially exploit access to a Beta, including the distribution of Beta keys without Envera's express authorization.
Termination: Envera can terminate a Beta Test at any time. When Envera terminates a Beta Test, you must delete the Beta and all documents and materials you received from Envera in connection with the Beta Test, and you may be asked by Envera to remove any elements of the Beta from any hard drives on which the Beta has been installed. You agree and acknowledge that Envera's termination of the Beta Test shall not be grounds for any refunds of any kind, including, but not limited to, digital items, beta subscription time, etc.
Sections of the Agreement Applicable to Beta Tests: When participating in a Beta Test, the terms of this Section 1(D)(ii)(4) shall supersede and govern over any other Section of this Agreement which may be in conflict with the terms of this Section 1(D)(ii)(4). Additionally, Section 1(B)(v), and 1(B)(vi)(3) of the Agreement are specifically excluded from the use of a Beta.
Envera is the owner or licensee of all right, title, and interest in and to the Nexus.net Client, Nexus.net, the Games, Accounts, and all of the features and components thereof. Nexus.net and the Games may contain materials licensed by third-parties to Envera, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of Nexus.net and/or the Products, are owned or licensed by Envera:
All virtual content appearing within Nexus.net or Products, such as:
Visual Components: Locations, artwork, structural or landscape designs, animations, and audio-visual effects;
Narrations: Themes, concepts, stories, and storylines;
Characters: The names, likenesses, inventories, and catch phrases of Game characters;
Items: Virtual goods, currency, potions, wearable items, pets, mounts, etc.;
All data and communications generated by, or occurring through, Nexus.net or the Games;
All sounds, musical compositions, recordings, and sound effects originating in Nexus.net or the Games;
All recordings, Game replays, or reenactments of in-game matches, battles, duels, etc.;
Computer code, including but not limited to "Applets" and source code;
Titles, methods of operation, software, related documentation, and all other original works of authorship contained in Nexus.net or the Products;
All Accounts. Note that Envera owns all Accounts, and that all use of an Account shall inure to Envera's benefit. Envera does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account;
All Moral Rights that relate to Nexus.net or a Game, including Custom Games, such as the right of attribution, and the right to the integrity of certain original works of authorship; and
The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on Nexus.net or the Games, except as expressly set forth in this Agreement or otherwise by Envera in certain contest rules, Envera's Fan Policies, or addendum to this Agreement.
The right to create derivative works, and as part of this Agreement, you agree that you will not create any work based on Nexus.net or the Games, except as expressly set forth in this Agreement or otherwise by Envera in certain contest rules, Envera's Fan Policies, or addendum to this Agreement.
Nexus.net may contain additional software that requires you to agree to additional terms prior to your use ("Additional Software").
Installation: You agree that Envera may install Additional Software on your hard drive as part of the installation of the Nexus.net Client, and from time to time during the term of this Agreement.
Use: Unless Envera grants you a valid license and alphanumeric key to use and activate the Additional Software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Additional Software. In the event that Envera grants to you a valid license and alphanumeric key to use and activate the Additional Software, all use of the Additional Software shall be subject to the terms of this Agreement
Copies: You may make one (1) copy of the Additional Software for archival purposes only.
WHEN RUNNING, NEXUS.NET MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY SECTION 1(C)(ii) ABOVE. IN THE EVENT THAT NEXUS.NET DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, (a) THE GAME MAY COMMUNICATE INFORMATION BACK TO Envera, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR (b) Envera MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to Envera in the event that the Game crashes, including system and driver data, and consent to Envera being able to receive this data.
Nexus.net, ACCOUNTS, Nexus.net CLIENT AND THE PRODUCTS(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", BASIS FOR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. The entire risk arising out of use or performance of Nexus.net, Nexus.net Client and the Game(s) remains with the user. Notwithstanding the foregoing, Envera warrants up to and including ninety (90) days from the date of your purchase of a license to the Game that the media on which the Game was distributed, if any, shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Envera of proof of purchase of the defective media, Envera will at its option: (a) correct any defect, or (b) provide you with a similar product of similar value. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some jurisdictions do not allow the exclusion or limitation of implied warranties so the above limitations may not apply to you.
If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Envera's option. To submit a warranty claim to Envera, please call 1-778-918-0745 or e-mail us at enverainteractive@envera.ca The user is responsible for the costs of returning media to Envera.
Envera, its subsidiaries, and affiliates shall not be liable for any loss or damage arising out of your use of, or inability to access or use, Nexus.net, Nexus.net Client, Accounts or the Game(s). Envera's liability shall never exceed the total fees paid by you to Envera during the six (6) months prior to your making a claim against Envera.
You hereby agree to defend and indemnify Envera against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Envera arising out of or from your use of Nexus.net, Nexus.net Client, Account or the Game(s), any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, Nexus.net Balance, and this Agreement. Because some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, Envera's liability shall be limited to the fullest extent permitted by law.
You agree that Envera would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Envera shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies when you breach this Agreement; and that the awarding of equitable remedies to Envera will not limit its ability to receive remedies that are otherwise available to Envera under applicable laws.
Alterations to the Agreement.
Envera's Rights: Envera may create updated versions of this Agreement (each a "New Agreement") as Nexus.net, the Products, and the law evolve.
New Agreements: This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively. You will be given an opportunity to review the New Agreement before choosing to accept or reject its terms.
Acceptance: If you accept the New Agreement, and if the Account registered to you remains in good standing, you will be able to continue using Nexus.net, Nexus.net Client, Account or the Products(s) subject to the terms of the New Agreement.
Rejection: If you decline to accept the New Agreement, or if you cannot comply with the terms of the New Agreement, you will no longer be permitted to use Nexus.net, the Nexus.net Client, Accounts or the Game(s).
Alterations to Nexus.net and Products.
Envera may change, modify, suspend, or discontinue any aspect of Nexus.net, Nexus.net Client, Accounts or the Products at any time, including removing items, or revising the effectiveness of items in an effort to balance a Game or change a Graphic Novel. Envera may also impose limits on certain features or restrict your access to parts or all of Nexus.net, Nexus.net Client, Accounts or the Games without notice or liability.
Term
This Agreement is effective upon your creation of an Account, and shall remain in effect until for a reasonable period of time. In the event that Envera chooses to cease providing Nexus.net, or license to a third party the right to provide Nexus.net, Envera shall provide you with no less than three (3) months prior notice. Neither Nexus.net nor Envera's agreement to provide access to Nexus.net shall be considered a rental or lease of time on the capacity of Envera's servers or other technology.
Termination
You are entitled to terminate this Agreement at any time by notifying Envera by email at enverainteractive@envera.ca.
Envera reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Envera may provide you with a prior warning and/or suspend your use of the Account due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.
In the event of a termination of this Agreement, any right to any and all payments you may have made for pre-purchased game access to certain Games are forfeit, and you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement, and you will not be able to use Nexus.net to use Envera Products.
Envera will issue a THREE STRIKE warning which will be linked to the offending account. After the third strike, depending on but not limited to the severity of the offence, the offending account will have actions taken against it, which lawfully follow the rules of this agreement.
Any and all disputes between you and Envera which arose out of this Agreement will be resolved in accordance with the Envera Interactive Dispute Policy, which is available for your review here: http://www.envera.ca/legal/dispute-policy.html.
This Agreement shall be governed by, and will be construed under, the laws of Canada and the laws under British Columbia, without regard to choice of law principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
If you are a (1) US resident who has (2) purchased a license to a Game in the US, other laws may apply if you choose not to agree to arbitrate as set forth above. Such laws shall affect this Agreement only to the extent required by such jurisdiction. If such laws apply, the terms and conditions of this Agreement shall be given their maximum effect.
Users who access Nexus.net from outside of the United States and Canada, are responsible for compliance with all applicable local laws.
The Game(s) may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which Canada has embargoed goods, or to anyone on the Canadian list of Specially Designated Nationals or the Canadian Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Envera may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without Envera's prior written consent. Your assignment of this Agreement without Envera's prior written consent shall be void.
Envera's failure to enforce a provision of this Agreement shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Envera may choose to waive a provision of this Agreement in regards to a particular instance; however, you are still obligate to comply with that waived provision in the future. Envera will enforce any provision when first noticed.
Notices
If to Envera. All notices given by you under this Agreement shall be in writing and addressed to: Envera Interactive, Attn: Law Department.
If to You. All notices given by Envera under this Agreement shall be given to you either through written notice, email, or website blog post. The form and instance in which Envera may notify you is specified in our Privacy Policy, which can be reviewed at http://www.envera.ca/legal/privacypolicy.php.
Envera shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Envera, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, unexpected bankruptcy, or shortages of transportation facilities, fuel, energy, labor or materials.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. The provisions of Sections 2, 5, 6, 7, 8, 11, 12, and 13 shall survive termination of this Agreement for any reason.
Notes: Written, edited, and modified by Julian Moretti. 09/12/2015.
Notes: Modified by Julian Moretti. 10/09/2018.
