Terms of Use

Date Last Modified: July 31, 2024

Your account will not be completed until you have read and affirmatively accepted our 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.

1. Acceptance

Nutaku Entertainment Ltd (“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)”).

By using, downloading, purchasing and/or visiting the Games and/or the Website, including but not limited to all content available through the Games and Website, you agree to the Terms of Use contained herein and to the Website’s Privacy Notice (www.nutaku.net/privacy-policy) and all future amendments and modifications. If you do not agree to be bound the Terms of Use contained herein, then do not visit the Website.

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

You may terminate this Terms of Use at any time by deleting your account and refraining from further use of our services.

The Terms of Use are subject to change by us, from time to time. If we do, we will give you reasonable, advance notice in a transparent manner, in text form, for example via a pop-up notification on the Website when logging on to your account, or via 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.

If you do not agree to the changes, you may no longer use our Games or Website after the proposed changes come into effect. In this case, either you or we can terminate these Terms of Use with immediate effect.

Each updated version of these Terms of Use supersedes any prior versions as of the ‘Last Modified’ date found at the top, and any prior version(s) shall have no continuing legal effect.

The Terms of Use contained herein apply to all users of the Website whether a 'visitor' or a ‘member’ (collectively referred to as “you”, “users”, “you’re”) and you are only authorized to use the Website if you agree to abide by all applicable laws and be legally bound by these Terms of Use.

When using the Website, you shall be subject to all displayed rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these terms of Use. We may also offer other websites that are governed by different Terms of Use.

1.1 Ability to Accept Terms of Use

This Website contains age-restricted materials including nudity and explicit depictions of sexual activity. If you are under eighteen (18) or the applicable age of majority or if you are in jurisdictions where access to our Websites may be restricted, you cannot use the Websites. However, if you are over the age of 18 years or over the age of majority or in the location from where there are no restricted access to the Websites, you hereby acknowledge and understand the explicit sexual nature of the materials available on this Website, and to abide by and comply with these Terms of Use. You also represent and agree that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit content.

You also understand and agree that you may be asked to verify your age upon creating an account on this Website, and we may charge a fee (“Verification Fee”). Following the Terms of Use on this Website, this Verification Fee will be solely and entirely borne by you. You agree that regardless of the result of the age verification or unsuccessful attempt (inability to complete the process – unless through no fault of your own, you are found to be under the legal age or have restricted access in your jurisdiction), the Verification Fee is final and non-refundable. Upon a 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 Website including but not limited to, account termination.

2. Description of Services

The Website allows use, purchase or download of its Games and in some instances permits general viewing of various types of content allowing visitors and members to play Games, view visual depictions of adult content, including sexually explicit images. In addition, the Website contains video content, information, and other materials; we allow its users to view the content and Website subject to the Terms of Use.

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, 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 into 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. User Conduct

3.1 You acknowledge and agree that you shall not:

post, upload, publish, transmit or make available in any way on or through the Website software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment;
use our Website in violation of any applicable law or regulation;
post, upload, publish, transmit or make available in any way on the Website any activities depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals;
exceed your authorized access to any portion of the Website;
collect or store personal data about anyone; 'harvest', 'scrape' or collect any information about or regarding other people that use our Website, including, but not limited to any personal data or information (including, engaging in anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as spyware or passive collection mechanisms (“pcms”));
modify without permission any part of the Website;
obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Website;
exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
use any robot, spider, scraper, or other automated means to access the Website for any purpose;
take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Website;
use our Website to harm anyone or to cause offence to or harass any person;
create more than one account per platform to access our Website;
use another person or entity’s email address in order to access or sign up to use our Website;
use the Website in any way that exposes us to criminal or civil liability or use our Website for fraudulent or abusive purposes (including, without limitation, by using our Website to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity, or our Website);
disguise, anonymize or hide your internet protocol (IP) address;
use our Website for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
remove or amend any proprietary notices or other ownership information from our Games or any other part of our Website;
interfere with or disrupt our Website or servers or networks that provide our services;
attempt to decompile, reverse engineer, disassemble or hack any of our Games, services, games to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed, or stored by us, or for any reason at all not permitted under these Terms of Use or by law;
sell, transfer, or try to sell or transfer an account with us or any part of an account including any virtual currency or virtual goods;
disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
disobey any requirements or regulations of any network connected to our Website;
use our Website to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Websites, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms of Use; or
use our Website in any other way not permitted by these Terms of Use.
If you are concerned that someone else is not complying with any part of these Terms of Use, please contact us here: report@nutaku.net.
In particular, and without limiting the application of the present paragraph you must not make available any cheats or technological measures designed to control access to, or elements of, our Website, including providing access to any virtual currency and/or virtual goods, whether on a free of charge basis or otherwise.
We reserve the rights to terminate your account and revoke your rights and access without any refunds.
You agree that we shall have the right to determine in our sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the Terms of Use contained herein, including termination of the account and revoke your rights and access without any refunds.

3.2 Reporting for Users

If you see any Game(s) you suspect violates applicable law, third party rights, or these Terms of Use, please report such Game(s) to us, using the steps at https://www.nutaku.net/support/faq/04007/, or by clicking on the “Report” button available at the bottom of the page or the flag icon button available at the top navigation of each piece of game. Further, this Website does not permit any game or game content that is illegal or violates our Terms of Use.

4. Intellectual Property

The content contained on the Website, 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 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.

5. Abuse of Reporting and/or Complaint Handling System

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:

Frequently submitting multiple, identical, and unfounded notices or complaints.
Frequently submitting notices or complaints that are obviously unfounded.

6. Account Termination Policy

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 these Terms of Use, 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.

7. Automatic Recurring Billing (where selected by user)

In accordance with the terms and conditions of the Website, subscription fees will be automatically renewed at or after the end of the original term selected, unless a notice of cancellation is received from the member. 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), the Website reserves the right to retry charging the member’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, the Website will resume billing the member for the subscription at the full amount agreed to upon enrollment. Aylo Billing may suspend or cancel member's membership if the Website is unable to successfully charge a valid payment method.

In addition, in the event where the Website must attempt to recover the amounts due and that the Member has not given a notice of cancellation, the Website reserves the right to charge an administration fee of up to $2.00 to keep a subscription temporarily active while they recover the agreed amounts upon enrollment or until the next attempt to process the recurring payment.

8. Cancellation of Subscription

At any time, and without cause, subscription to the service may be terminated by either: Nutaku, the Websites, or you upon notification of the other by electronic or conventional mail, by chat, or by telephone. 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://www.nutaku.net/de/support/.

When you cancel a subscription, you will continue to have access to the services provided by the Website(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.

9. Zero Tolerance Policy

The Website abides by a ZERO TOLERANCE policy relating to any illegal activities. 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.

10. Fees

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.

11. Our Sales Policies

11.1. The store

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.

11.2. Use of methods of Payment

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. 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 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.

11.3. Mobile Payments

Unsubscribe/opt out details: “To opt out, send STOP to 60138”.
Network charges may apply.
Please make sure that you are over eighteen (18) and have the bill payer's permission.
The charges will be applied to your wireless phone bill or deducted from your prepaid phone balance.
For billing inquires contact: https://help.txtnation.com/

Kindly note that this section involves a third-party platform, and we are not bound by their terms and conditions.

12. Data Processing

You acknowledge and agree that the technical processing and transmission of the Website 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 the Website with regard to its users may be disclosed in accordance with the Website’s Privacy Notice.

You acknowledge and agree that the technical processing and transmission of the Website, including your information may involve transmissions over various networks; 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 the Website with regard to its users may be disclosed in accordance with the Website’s Privacy Notice.

13. Warranty Disclaimer

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 VIEWED, 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 defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

14. Limitation of liability

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:

DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE;
ANY UNAUTHORIZED ACCESS TO OUR SERVERS AND CUSTOMER INFORMATION BY A THIRD PARTY; OR
ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE.

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.

15. Governing Law

These Terms of Use and the relationship between you and us shall be governed by the Laws of the Republic of Cyprus, 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 the Republic of Cyprus; 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 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 Cyprus. 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 of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

16. Arbitration Agreement & Waiver of Certain Rights (EU)

This section shall only apply to Users located in the European Union or EU.

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:

A dispute has already been resolved or is already subject to an ongoing procedure before a competent court of relevant jurisdiction, or before another Dispute Settlement Body.
The Dispute Settlement Body has been contacted after the six-month period from notification to you of our decision has lapsed, and you have not previously filed a complaint through our internal complaint-handling system over a particular issue.

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.

17. Limitation on Time to File Claims

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.

18. Your Comments and Concerns

This Website 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 notices of copyright infringement claims should be sent to:
Copyright Email: copyrights@nutaku.net

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to:
support@nutaku.net

In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), dsa@nutaku.net is the designated, single point of contact for communications with recipients of the services offered herein, as well as for European Union Member State authorities, the Commission, and the Board for Digital Services. Please conduct all communication in English or Greek.

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.

19. Waiver and Severability

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 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.

20. Indemnity

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:

Your use of and access to the Website and Games;
Your violation of any term of these Terms of Use;
Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
Any claim that causes damage to a third party.

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.

21. Assignment

These Terms of Use and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by us without restriction.

22. Miscellaneous

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.

We may terminate these Terms of Use for any or no reason at any time by notifying you through a notice on the 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 these Terms of Use, you will no longer have a right to access your account and will not be refunded for any Games purchased, credits or gold.

Trademarks are used under license by Nutaku Entertainment Ltd.

All characters appearing on this Website are fictitious visual representation and designed/reflected to be 18 years or older. Any resemblance to real persons, living or dead, is purely coincidental.