Terms of Service

THE FOLLOWING TERMS OF USE APPLY TO THE USE OF NONOBA AND THE TOOLS, SERVICES, GAMES AND OTHER CONTENT AVAILABLE HERE (INDEPENDENTLY AND JOINTLY NAMED AS THE “WEBSITE”). IF YOU CANNOT ACCEPT THESE TERMS OF USE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND REFRAIN FROM USING IT AND ITS CONTENT. ANY USE OF THE TOOLS, SERVICES, GAMES AND OTHER CONTENT AVAILABLE HERE SHALL CONSTITUTE AN ACCEPTANCE OF THESE TERMS OF USE AND SHALL BE SUBJECT HERETO.

Nonoba is designed as the basis for interchange between individual interested in developing and using computer games on the Internet. By clicking “I agree, Sign me up”, You agree to have read and accepted these Terms of Use.

Any violation of any of these Terms of Use by You shall result in the termination of your user profile and thus terminating your use of the Website.

1. About Nonoba

   1. Nonoba is a website based service provided by

      Odpy ApS,
      HC Andersen Boulevard 11,
      1456 København K,
      Denmark,
      Cvr No. 30085558,
      

      hereinafter referred to as ODPY.

   2. In relation to legal aspects of the Website and its use, the Website is established in the Kingdom of Denmark and complies with Danish law.

2. Basic Terms of Use

   1. Users of the Website must be at least 13 years or older.

   2. Subject to these Terms of Use ODPY hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of the Website in any medium without prior written authorization from ODPY; and (iii) you will only use any part of the Website for its intended purpose.

   3. It is a precondition for use of the website, its tools and content that you accept these Terms of Use, including but not limited to the license terms specified in section 6.5 hereof, and that You make available to all other users of the Website any games and game parts produced by you while using the Website tools and other content.

   4. Users assume full responsibility for any activity submitted or undertaken under his/her login name, including use of games, submission of object code or source code, gaming content, text, displays, graphics, photos, evaluations and entries in discussion logs.

   5. Users are obliged not to abuse, harass, threaten, impersonate, or intimidate other users of the Website.

   6. ODPY has the right to delete content, disable and/or terminate without any notice the accounts or block the ip-addresses of any user who is considered by ODPY to commit repeated or severe infringements of these Terms of Use.

   7. The Website may contain links to third party websites that are not owned or controlled by ODPY. ODPY has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ODPY will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ODPY from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of any other website that you may visit.

3. Disclaimer

   1. The website, tools and service are provided without any warranties or financial responsibilities as to accuracy of its content, functionalities, accessibility or IT-security. ODPY has the right to, without any financial responsibility, discontinue or change the content or services without any prior warning.

   2. ODPY has the right to, but is not obliged to, refuse access and login to the website to anyone for any reason at any time, to suspend, discontinue or delete any user’s account without notice without any financial responsibility to any user. In particular, ODPY has the right to, but is not obliged to, at its own free and unrestricted discretion remove content and delete profiles or accounts for any reason, including profiles or accounts, which ODPY finds unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property right, personal data rights or these Terms of Use.

   3. ODPY is not in any way financially responsible or liable for the content and information published by users of the Website.

   4. ODPY assumes no liability for any loss or damage (including without limitation economic, special, punitive or consequential damages) arising directly or indirectly from access to, use of or communication on the Website, including any construction, amendment or use of games by any User.

   5. You understand that when using the Website, you will be exposed to user Submissions from a variety of sources, and that ODPY is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ODPY with respect thereto, and agree to indemnify and hold ODPY, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website and its content.

4. No Viruses, Corrupting Files or Cheat Software

   1. You agree that you will not post any content, software, files or links to other sites, that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. You further agree that you will not use or distribute any utility, software or macro programs or applications that allow you or other users to cheat on online games posted at this website or elsewhere, nor will you use robots, spiders, or other means to cheat in online games at the website or otherwise engage in fraudulent activity.

5. Advertisements, banners and user fees

   1. ODPY shall be at liberty to sell banner space, advertisements and other commercial use of the website.

   2. ODPY shall be at liberty at any point in time to introduce and adjust a user fee for use of the website and its content.

6. Intellectual Property Rights

   1. ODPY holds all intellectual property rights to the website service and any related content or data, including copyrights, names, logos and trademarks. Such rights may only be used or processed by you in compliance with these Terms of Use or as otherwise permitted by ODPY according to prior written permission.

   2. Downloading or other digital reproduction of content on the Website is solely permitted for private non-commercial use unless otherwise agreed with ODPY. It is not permitted to copy the service in whole or in substantial parts for neither commercial nor private non-commercial use.

   3. Users shall not use the website service for any illegal or unauthorized purposes (including infringement of trademarks and personal data law). Users shall comply with all applicable local laws regarding online conduct and acceptable content and assume full responsibility in that respect.

   4. You shall be solely responsible for your own use or creation of games and any submissions provided by you. When games are created by You, by use of tools available on the Website, such games shall be made available on the Website, except if they be removed at the discretion of ODPY. By means of the functionality made available on the Website by ODPY you may further be able to copy games made by You on the Website in order to operate such games on your own independent website.

   5. By submitting games, game parts, source code and other content, you hereby grant ODPY a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such submissions in connection with the Website and ODPY's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your submissions through the Website, and to use, reproduce, prepare derivative works of, display and perform such Submissions as permitted through the functionality of the Website and under these Terms of Use.

   6. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ODPY to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions made by You to enable inclusion and use of such Submissions in the manner contemplated by the Website and these Terms of Use.

7. Privacy Policy on Personal Data

   1. ODPY respects users’ personal data and will comply with applicable data protection regulations.

   2. ODPY collects the following information about the user in order to improve the service:

      • User’s name (and/or login name), age, gender, region, and country.
      • Information which other users publish on and attach to the user’s profile.
      • User’s evaluations on games and other users.
      • Other information User may decide to post on the Website.

       

   3. ODPY stores a cookie on the user’s computer to allow the user not to have to re-enter the user’s password during visits to the website. For the best experience the user is encouraged to enable/allow cookies. However, if cookies are deleted or if the browser is configured to reject cookies, the website can still be accessed by the user.

   4. ODPY may compile users’ personal data to produce statistics about the use of services and games. Such statistical information includes, but is not limited to, information showing the relative popularity of games and tools.

   5. ODPY shall not sell or share personal data with third parties. In the event that information is shared with third parties such information will not be personally identifiable information.

   6. By accepting the Terms of Use the user explicitly consents to use of personal data in accordance with the above stated in section 7.1-7.5.

8. Passwords

   1. A user’s user ID and password is strictly personal. It is not permitted to transfer the password to another user or third party. The user shall keep his/her password confidential and shall inform ODPY if he/she suspects that the password has been compromised.

9. Amending the Terms of Use

   1. ODPY reserves the right to amend these Terms of Use at any time and without notice. If the user declines to accept the updated version, the login to The Website will be deactivated and after a period of two weeks the profile will be deleted.

   2. It is your responsibility to review these Terms of Use for any changes. Your use of the Website, its tolls and other content following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

10. Miscellaneous

    1. These Terms of Use and any other legal notices published by ODPY on the Website shall constitute the entire agreement between you and ODPY concerning your use of and submissions to the Website its use and content.

    2. If any provision of these Terms of Use 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.

    3. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ODPY's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

11. Governing law and Venue

    1. These Terms of Use shall be governed by the substantive laws of the Kingdom of Denmark, without respect to its conflict of laws principles.

    2. Any claim or dispute between you and ODPY that arises in whole or in part from the Website, its content or use shall be decided exclusively by a court of competent jurisdiction located in Copenhagen Denmark.

    3. YOU AND ODPY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.