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Your account will not be completed until you have read and affirmatively accepted these Terms of Use and our Privacy Notice located at www.nutaku.net/privacy-policy and by checking the applicable boxes on the account creation page.
Nutaku Entertainment Ltd (“Nutaku”, “we”, “us” or “our”) provide an online platform on which you can play games (“Game(s)”) on the https://www.Nutaku.com and https://www.Nutaku.net (“Platforms”) or otherwise gain partial access to various aspects of such Games such as on https://www.aeonsecho.com and on its associated properties, games, and platforms (Games and Platforms are hereinafter collectively referred to as the “Websites”).
By using, downloading, and/or purchasing Games and/or visiting the Websites, including but not limited to any and all content available through the Games and Platforms, you agree to the Terms of Use (hereinafter the “Terms”) contained herein and to the Nutaku Privacy Notice. If you do not agree to be bound by these Terms, either partially or in whole, you must not visit the Websites and/or cease any further use of the same.
YOU CONSENT TO ENTERING INTO THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
You may terminate these Terms at any time by deleting your account and refraining from further use of our services and/or the Websites.
These Terms of Use are subject to changes by us, from time to time. We will give you reasonable, advance notice of any such changes in a transparent manner, in text form, for example through a pop-up notification on the Websites when logging into your account, or by e-mail. Unless otherwise communicated by us, you will be deemed to have agreed to the changes unless you notify us, in writing and before the proposed effective date of the changes, that you do not agree, or by your cessation of the use of the Websites.
If you do not agree to the changes, you may no longer use our Websites after the proposed changes come into effect. In this case, either you or we may terminate these Terms of Use with immediate effect.
Each updated version of these Terms of Use supersedes any prior versions as of the ‘Latest Version’ date found at the top, and any prior version(s) shall have no continuing legal effect.
The Terms contained herein apply to all users of the Websites whether a 'visitor' or a ‘member’ (collectively referred to as “you”, “User(s)”, “you’re”) and you are only authorized to use the Websites if you agree to abide by all applicable laws and be legally bound by these Terms.
When using the Websites, you shall also be subject to all displayed rules, community guidelines, and policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms.
1.1 Ability to Accept these Terms of Use
The Websites contain age-restricted materials including nudity and explicit depictions of sexual activity. If you are under eighteen (18) years old, or under the applicable age of majority, or if you are in a jurisdiction where access to our Websites may be restricted, you must not use the Websites. If you are over the age of 18 years, or over the age of majority, and are in a location/jurisdiction from where there is no restriction of access to the Websites, you hereby acknowledge and understand the explicit sexual nature of the materials available on the Websites, and to abide by and comply with these Terms of Use. You also represent and agree that the jurisdiction from which you access the Websites does not prohibit the receiving or viewing of sexually explicit content, including the Websites.
You also understand and agree that you may be asked to verify your age upon creating an account on the Websites (or as we deem appropriate), and we may charge a fee (“Verification Fee”) for such verification, and this Verification Fee will be solely and entirely borne by you. You also agree that, regardless of the result of the age verification procedure, or in cases of otherwise failed verification attempts (for example inability to complete the process – unless through no fault of your own, such as if you are incorrectly found to be under the legal age or age of majority, or are incorrectly found to have access restrictions based on your location/jurisdiction), the Verification Fee is final and non-refundable. Upon failure to verify your age we, in our sole and final discretion, reserve the right, to restrict your access to some or all portions of the Websites including, but not limited to by terminating your account.
The Websites allow you to use, purchase, download, or otherwise access Games provided by their respective developers, and in some instances permits general viewing of various types of content allowing visitors and members to play Games and view depictions of adult content, including sexually explicit images. In addition, the Websites contain video content, information, and other materials; we allow its Users to view the content and Websites, always subject to the Terms.
The Websites are for your personal use and shall not be used for any commercial endeavor. Any illegal and/or unauthorized use of the Websites is prohibited, including, but not limited to, collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the Websites.
You may access portions of the Websites without registering. However, to access some portions and features of the Websites and play, use, purchase, or download the Games, you will be required to register with, and sign into, the Websites. You are responsible for maintaining the confidentiality of your account credentials and any other information used to register and sign into the Websites, and you are fully responsible for all activities that occur under these credentials. Your username will be visible to all Users and will be used in Games to associate you with your account.
The Websites abide by a ZERO TOLERANCE policy relating to any illegal activities. Child sexual abuse material, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated on the Websites. We have a zero-tolerance policy towards any material that sexualizes, sexually exploits, or endangers children on our platform. If we find or are made aware of it, we will cooperate with all governmental. (and other law enforcement) agencies that seek those who produce, promote, and/or disseminate such content.
3.1 You acknowledge and agree that you must not:
We retain the right to determine in our sole discretion what appropriate and proportionate action shall be taken in the event of any discovered or reported violation of these Terms of Use contained herein, including termination of your account, revocation of your rights and suspension or termination of access without the possibility of a refund.
3.2 Reporting for Users
If you see any Game(s) or other developer or User content on the Websites that you suspect violates applicable law, or third-party rights please report it to us by clicking the “Report” button available at the bottom of the page of each Game, or the flag icon button available at the top navigation of each Game. The Websites do not permit nor tolerate any Game or Game content that is illegal, violates third party rights or these Terms of Use.
For actual or suspected infringement by someone of these Terms, please contact us at: report@nutaku.net.
For copyright-related claims, please contact us at: copyrights@nutaku.net.
You may refer to available reporting functionalities at any time by visiting https://nutaku.net./jp/support/faq/04007/.
3.3 Complaint Handling Procedure
If we take any action imposing restrictions to your account, or to any content that you have uploaded to the Websites, you may lodge a complaint against such decision. You may also lodge a complaint if you disagree with our decision following a notice you have submitted to report content as illegal or in violation of our Terms of Use.
The deadline for submission of a complaint ends six (6) months after we have notified you of the respective decision. To lodge a complaint, you may email dsa@nutaku.net from the email associated with your account or to which the notification of our decision has been communicated. Please include all relevant information, as well as any reason(s) for which you believe your complaint to be justified, in order to enable us to appropriately assess your complaint.
We handle complaints in a timely, non-discriminatory, diligent, and objective manner. We may reverse previous decisions if a complaint sufficiently demonstrates, as the case may be, that:
Our content contained on the Websites, including, but not limited to, the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, is owned by and/or licensed to us, 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 Websites 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 Websites 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 through the Websites. If you download or print a copy of any part of the Websites content for your 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 Websites or with features that prevent or restrict use or copying of any piece of content or enforce limitations on use of the Websites or the content therein.
We may suspend your access to our reporting and internal complaint-handling systems for a reasonable period of time if you frequently submit notices or complaints that are manifestly unfounded. Prior to such suspension we may issue a warning, provided that this does not conflict with the purpose of the suspension or with other appropriate measures that may be applied. When deciding on the suspension, we consider factors such as the frequency, severity, and impact of your violation(s), as well as any prior measures imposed. Examples of misuse of our reporting and/or complaint-handling system that may be subject to suspension include, but are not limited to:
Subscriptions, and their corresponding fees, will be automatically renewed at the end of the original term selected, unless a notice of termination is received from a User. Aylo Billing Limited, (“Aylo Billing”), handles billing vis-à-vis Users on behalf of Nutaku. In the event of a failed attempt to charge the member 's payment method (for example, if the payment method has expired or has been declined), Aylo Billing, on behalf of Nutaku, reserves the right to retry charging the User’s payment method for the amount due or an amount lesser than the amount due. An attempt to charge a lower amount may be made on a one-time basis, where at the next billing cycle, Aylo Billing will resume billing the User for the subscription at the full amount agreed to upon enrollment. Nutaku may suspend or cancel a User's membership if Aylo Billing is unable to successfully charge a valid payment method.
In addition, in the event where Aylo Billing must attempt to recover the amounts due and where a User has not given a notice of termination, the Websites reserve the right to charge an administration fee of up to USD2.00 (two US dollars) to keep a subscription temporarily active while they recover the agreed amounts upon enrollment or until the next attempt to process the recurring payment.
At any time, subscription to the service may be terminated by either Nutaku or by you upon notification of the other by electronic or conventional mail. You can also terminate your subscription through our chat functionality. You are liable for charges incurred until the date of the termination. You may cancel at any time by going to the “Subscription” section located in the Profile Settings section and clicking on “Cancel Subscription” or by contacting our support department through the support contacts listed on https://nutaku.net./jp/support/.
When you cancel a subscription, you will continue to have access to the services provided by the Websites(s), until the current subscription cycle for which you were already billed naturally expires.
For example: if you request to cancel your subscription on November 1st but have been billed for a subscription term that would otherwise end on November 20th and would recur on November 21st, then you will continue to have access to your subscription until November 20th.
We reserve the right to terminate a User's account for behavior such as, but not limited to, infringing/unwanted behavior or if we determine, in our sole discretion, that the User has violated these Terms, without prior notice. If we terminate your account for violation of these Terms or illegal use of the services, we may block your access to all our services provided through the Websites(s) immediately without reimbursement for the remaining already billed cycle. We may also terminate a User’s account at our discretion, to take effect at the end of the already billed cycle. We will make reasonable attempts (but make no warranties towards the same) to maintain the functionality of the Websites at all times, with the exception of planned maintenance, malfunction and, at an individual level, following potential restriction of access of a User following an infringement of applicable legislation or these Terms.
If a User has not logged into their User account for a period of thirty-six (36) or more consecutive months they will be considered inactive (hereinafter referred to as “Inactivity” or “Inactive”). However, if a User has previously successfully completed a transaction (i.e., has spent Gold), this Inactivity period is set to sixty (60) months, instead.
Nutaku reserves the sole right, and you understand and accept that, your User account may be deleted due to Inactivity.
In the event of deletion of your account – regardless of whether such deletion was initiated by you or pursuant to, for example, Inactivity – you will no longer be able to access or otherwise recover:
We may charge fees to access and acquire certain Games, Game items, or participate in Game activities on the Websites 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 understand and 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 following reasons such as abuse of the service – in any capacity – by you, or a breach of these Terms, you shall not be entitled to the refund of any unused credit, Gold, coins, or Games.
From time to time, you may, on websites other than the Websites, encounter codes made available for sale that may be redeemed for Gold on the Websites (hereinafter the “Code(s)”). These Codes are made available by third parties, and you understand and accept that any improper functioning of the same (for example, but not limited to, the purchasing of a Code that has expired prior to it being redeemed) shall be resolved between yourself and the third party that provided you the Code and that we bear no responsibility whatsoever over these Codes.
9.1 The store
You will be required to log into your User account before proceeding to checkout. Prior to the submission of your order, you will be required to submit your billing and payment information. You will then receive an e-mail from the Websites 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 notify you, using the e-mail provided with your order.
9.2 Use of methods of Payment
If you have elected to purchase any Games or Gold packages through the Websites, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges. Value-Added Tax (VAT), Sales Tax or other excise tax may be included in, or added to, your purchase depending on your country, state, territory, city, or on other applicable local regulations. Tax rates may vary accordingly.
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 us 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 acknowledge and agree that the technical processing and transmission of the Websites may involve transmissions over various networks, foreign and domestic, and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by us with regard to its Users may be disclosed, strictly in accordance with our Privacy Notice.
YOU USE THE WEBSITES AT YOUR SOLE RISK. WE PROVIDE THE WEBSITES “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITES, ITS OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITES AND GOODS OR SERVICE PURCHASED AND OBTAINED THROUGH THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE, INCLUDING OUR REPRESENTATIVES, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, PARENTS, EMPLOYEES, AND AGENTS, MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITES OR THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, AND ASSUME NO LIABILITY OR RESPONSIBILITY RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES OR OUR SERVICE. THE WEBSITES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GAMES, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR OUR SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE WEBSITES 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 SERVICES. 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, INCLUDING OUR REPRESENTATIVES, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, PARENTS, EMPLOYEES, AND AGENTS, OR THROUGH THE WEBSITES 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, including representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents, shall not be liable for defamatory, offensive, or illegal conduct of any third party of which we had no knowledge, and that the risk of harm or damage from the foregoing rests entirely with you.
TO THE FULL EXTENT ALLOWED BY LAW, WE, INCLUDING OUR REPRESENTATIVES, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, PARENTS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
These Terms of Use, your use of the Websites, and the relationship between you and us shall be governed by the laws of the Republic of Cyprus, without regard to conflict of law rules. Nothing contained in these Terms shall constitute an agreement to the application of the laws of any other nation to this Website.
You agree that the Websites shall be deemed passive Websites that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Republic of Cyprus. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate court located in Limassol, Cyprus. You hereby submit to the jurisdiction and venue of said Courts.
No waiver by us of any term or condition set forth in these Terms of Use 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 these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
We may terminate these Terms of Use for any or no reason at any time by notifying you through a notice on this Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Use, you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We undertake no responsibility for deleting your Content under these Terms of Use. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Use. Any claim by you that may arise in connection with the User of the Websites in compliance with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
This section shall only apply to Users located in the European Union or in the other EEA countries.
We cooperate with out-of-court dispute settlement bodies (“Dispute Settlement Bodies”) that have been certified in accordance with Art. 21(3) of the DSA. The European Commission publishes a list of these bodies.
If you have your place of establishment or are located in the European Union, you have the right to select a Dispute Settlement Body to assist in resolving disputes relating to decisions previously taken by us regarding Content uploaded by you, or notices you submitted to us. This includes cases in which complaints have remained unresolved by our internal complaint-handling system, as described in section “Complaint Handling Procedure”.
We reserve the right to refuse to cooperate with your selected Dispute Settlement Body if:
Any decisions taken by Dispute Settlement Bodies shall not be binding on either you or us.
We are neither willing nor obligated to participate in dispute resolution proceedings with consumers before a consumer arbitration board under the EU Directive on Consumer ADR.
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 WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Websites is operated by Nutaku, a private limited liability company organized under the laws of the Republic of Cyprus, Block 1, 195-197 Old Nicosia-Limassol Road, Dali Industrial Zone, 2540, Cyprus.
All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: support@nutaku.net.
For any removal orders pursuant to Regulation (EU) 2021/784 (the “Terrorist Content Online Regulation” or “TCO”), designated, competent EU authorities can complete our removal form. After submission of this form, you will receive further instructions by e-mail, which you may respond to with a removal order. For such removal orders, please use the template provided in Annex I of the TCO and conduct all communication in either English or Greek.
No waiver by us, including our representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents, of any term or condition set forth in these Terms of Use 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 these Terms of Use 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, including our representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents, 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.
These Terms of Use and any rights and licenses granted hereunder, must 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 these Terms of Use, 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 these Terms of Use.
©2024 Nutaku Entertainment Ltd - All Rights Reserved.
Trademarks are used under license by Nutaku Entertainment Ltd.
All characters appearing on these Websites are fictitious visual representations and are designed/reflected/intended to be eighteen (18) years or older. Any resemblance to real persons, living or dead, is purely coincidental.
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