NerveGaming Inc. END USER LICENSE AGREEMENT

 

This end user license agreement (the Agreement should be read by you (the User, Users or you) in its entirety prior to your use of Nerve's service or products.

 

Please note that the Agreement constitutes a legally binding agreement between you and Nerve and Nerve Gaming Inc. (referred to herein as Nerve, us or we), which owns and operates the LottoRace games founds at www.facebook.com/LottoRace, or www.lottorace.net , or apps.facebook.com/lottorace, or play.lottorace.net (the Site).

 

In addition to the terms and conditions of this Agreement, please review our Privacy Policy and the Game Rules as well as the other rules, policies and terms and conditions relating to the games and promotions available on the Site and related sites, as posted on the Site and related sites from time to time, which are incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time.

 

By accessing the Site, you consent to the terms and conditions set forth in this Agreement, related agreements, the Privacy Policy and the Game Rules as each may be updated or modified from time to time in accordance with the provisions below and therein.

 

You further assert that you have had the opportunity to fully review the Agreement, Privacy Policy, Games Rules and related agreements, if any, and seek legal counsel prior to entering into the Agreement.

 

1. GRANT OF LICENSE/INTELLECTUAL PROPERTY

 

1.1 Subject to the terms and conditions contained herein Nerve grants the User a non-exclusive, personal, non-transferable right to install and/or use the Nerve game software (Software) in order to access the Nerve servers and play the game or games (the Games) available (the Software and Games together being the Service). For clarification, use of the Site and authorized affiliated websites constitutes use of the Service.

 

 1.2 The Software is licensed to you by Nerve for your private personal use. The Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii), individuals connecting to the Site from jurisdictions from which it is illegal to do so.

 

Nerve is not able to verify the legality of the Service in each jurisdiction and it is the Users responsibility to verify such matter.

 

1.3 We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.

 

1.4 The Software’s code, structure and organisation are protected by copyright, trade secrets, intellectual property and other rights. You may not: (a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise; (b) sell, assign, sublicense, transfer, distribute or lease the Software; (c) make the Software available to any third party through a computer network or otherwise; (d) export the Software to any country (whether by physical or electronic means); without the prior written consent of Nerve; or (e) use the Software in a manner prohibited by applicable laws or regulations, (each of the above is an Unauthorised Use). You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify Nerve immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide Nerve with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

 

1.5 The terms LottoRace, and any other trade marks, service marks and/or trade names used by Nerve on the Site from time to time (the Trade Marks), are the trade marks, service marks and/or trade names of Nerve or one of its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the Site Content) belongs to Nerve or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content without Nerve’s prior written consent.

 

2. USER INFORMATION

 

2.1 Nerve reserves the right to require information from Users in order to reduce risk, prevent fraud and ensure compliance with applicable law.

 

2.2 Users are required to accurately complete their profile upon registration and provide all personal information on an ongoing basis reasonably necessary to assist Nerve in meeting its legal obligations.

 

 3. NO WARRANTIES

 

3.1 Nerve disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you as is and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

 

3.2 Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs. 3.3 Nerve reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Nerve in this regard.

 

4. AUTHORITY & DISPUTE RESOLUTION

 

4.1 If a User encounters a problem, seeks clarification or wishes to bring information to the attention of Nerve relating to the Service, the User is invited to contact Nerve in writing with their name, Site user name, contact information, all other relevant information and a detailed description of the concern for review and/or investigation by Nerve.

 

4.2 The User accepts that the historical data of each game shall be as recorded on the Nerve servers. In the event of a discrepancy between the numbers displayed on your computer and the game records on the Nerve server the latter shall prevail.

 

4.3 Notwithstanding section 4.2, where applicable, when an incorrect price or award is posted or omitted due to a palpable error (i.e. a technical problem or price entry error), the contest will be settled at the correct amount available at the time the entry was made, as verified by Nerve. If there was no correct amount available at the time the entry was made, the round will be deemed void and all entered and/or deposited credits relating to that particular Game will be returned to the appropriate parties.

 

4.4 Nerve retains authority over the issuing, maintenance, and closing of all User’s accounts. The decision of Nerve regarding any aspect of a User’s account, use of the Service, or dispute resolution is final and shall not be open to review or appeal.

 

5. YOUR REPRESENTATIONS AND WARRANTIES Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:

 

5.1 You represent that you are not violating any laws in your jurisdiction by using the Service including laws relating to age of majority, if any.

 

5.2 You agree that your use of the Service is at your sole option, discretion and risk.

 

 5.3 You agree that you are required to provide us with certain personal details about yourself for the purpose of using the Service. Our control of the information provided by you shall be subject to our Privacy Policy.

 

5.4 You are solely responsible for the telecommunications networks and Internet access services required for you to access and use the Service and we shall have no liability whatsoever for any deficiencies therein.

 

6. PROHIBITED USES

 

6.1 User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.

 

6.2 The Service is intended solely for the User’s personal use. The User is only allowed to use it for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her account with Nerve for any purpose other than for using the Service. The User must provide full and truthful information in respect of all details and information provided by the User to Nerve and the User is obligated to update such details in the event of any change thereto. A User may only have one account with Nerve and shall only use the Service using such single account. Furthermore a User shall not permit another person to use the Service via his/her account.

 

6.3 Collusion between Users is strictly forbidden. Nerve reserves the right, in addition to other measures, to restrict and/or to prohibit Users from playing at a particular Game or tournament, including restricting two or more Users from playing together at the same time or in the same tournament. In addition, Nerve reserves the right to consider any collusion between Users (including Users) as a material breach of this Agreement and accordingly Nerve shall have the right to terminate a User’s account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.

 

6.4 The use of artificial intelligence including, without limitation, robots is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by Users through the user interface accessible by use of the Service.

 

6.5 In the event that Nerve deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Service, Nerve shall be entitled to take such action as it sees fit, including immediately blocking access to the Service, terminating such User’s account with Nerve cancelling all points, chips, tickets or other credits held in the User’s Nerve account, disclosing such information (including the identity of the User) to relevant authorities and/or any person or entity that has the legal right to such information and/or taking legal action against such User.

 

7. OFFENSIVE LANGUAGE OR CONTENT The User is prohibited from posting any unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law or generally be considered to be offensive, via the Service or in correspondence with Nerve and its representatives. When using the chat option offered to Users, if any, via the Service, Users are prohibited from making any statements, which promote any service or product of any party except Nerve. Further, Users shall not make statements about Nerve or the Service that are untrue or would reasonably be considered to be derogatory or critical.

 

8. BREACH

 

8.1 Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Nerve reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking access to the Service to such User, terminating such User’s account with Nerve, seizing all points, chips, tickets or other credits relevant Nerve account and/or taking legal action against such User.

 

8.2 You agree, to the fullest extent permissible by law, to indemnify, defend and hold harmless Nerve and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (a) your breach of this Agreement, in whole or in part; (b) violation by you of any law or any third party rights; and (c) use by you of the Service or use by any other person accessing the Service using your Login Credentials (as defined below), whether or not with your authorization.

 

9. LIMITATION OF LIABILITY Under no circumstances, including negligence, shall Nerve be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of prizes, credits, business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if Nerve had prior knowledge of the possibility of such damages.

 

10. SECURITY AND YOUR ACCOUNT

 

10.1 Each User account shall be accessible through the use of a combination of a unique User ID or third party Authentication method such as Facebook API (User ID), a unique and secret password (Password), and, depending on the application, an optional numeric (Secure ID) (the User ID, Password and Secure ID, if any, together being referred to as the Login Credentials). The User is obligated to choose his/her own User ID and Password in accordance with the rules relating thereto. If a Secure ID is associated with a User account, this Secure ID will be selected at random by the Service.

 

10.2 The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any other person whatsoever.

 

10.3 The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.

 

10.4 If a User does not log in to his/her account for a period of three calendar months from the last recorded login date or written correspondence, for which the receipt of which by Nerve has been documented, the User will have his/her account frozen and all points, chips, tickets or other credits in the account shall be forfeited, revert to and become the sole property of Nerve.

 

11. AMENDMENT Nerve reserves the right to update or modify this Agreement or any part thereof at any time without advanced notice and you will be bound by such amended Agreement immediately upon using the Site. Your continued use of the Games or Site shall be deemed to attest to your agreement to any amendments to the Agreement. We encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time.

 

12. GOVERNING LAW The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Isle of Man. Each party irrevocably agrees that the relevant courts of the Isle of Man shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.

 

13. SEVERABILITY If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

 

14. ASSIGNMENT Nerve reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.

 

15. MISCELLANEOUS 15.1 No waiver by Nerve of any breach of any provision of this Agreement (including the failure of Nerve to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.

 

15.2 Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.

 

15.3 Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.

 

15.4 This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.

 

15.5 The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement. 

 

 

PROMOTIONAL CONTEST TERMS (‘Contest Terms)

 

 

Nerve Gaming Inc. (Nerve) operate promotional contests (“Promotional Contest”) to promote its activities to participants (each a "Player" and collectively the "Players").

 

Some Players may be eligible to exchange credits awarded while playing the contests or games for prizes. No Purchase is necessary to participate in  promotional contests.

 

Limit usage of one User Account per person.

 

To be eligible for prizes a player must be at least 18 years old, or such older age which is the age of majority in the Player's jurisdiction, and successfully answer the following skill testing question without assistance or mechanical or electronic aid:

 

Step 1: Multiply 25 times 4

Step 2: Add 10,284 to the answer from Step 1

Step 3: Divide the answer from Step 2 by 3

Step 4: Subtract 112 from the answer in Step 3

 

Please note that upon redeeming your Gold Coins, you may receive a skill testing question which is different than the one shown above. It is the player’s responsibility to successfully answer the question within 3 business days from the time of redemption. Failure to do so will result in forfeiting any applicable prizes and credits or coins redeemed.

 

Participants may be required by Nerve to sign a standard declaration and release form confirming compliance with the Contest Terms and Nerve Promotional Contest Terms End User License Agreement and acceptance of the prize as awarded. Failure to comply fully with the Contest Terms and Nerve Gaming Inc. PROMOTIONAL CONTEST END USER LICENSE AGREEMENT shall exclude a Player from being eligible for prizes or playing in any games at the sole discretion of Nerve, acting reasonably.

 

Each of these documents are reproduced in full herein and should be read carefully.

 

Prizes are awarded on an international basis where local law permits. Nerve reserves the right to change or remove the jurisdiction where this Promotional Contest is available at its sole discretion without any notice or liability to players whatsoever.

 

 Your chances of winning depend on the number of Players and the frequency with which you play. The maximum total value of prizes to be awarded or redeemed as part of the Promotional Contest in any calendar month shall not exceed $5,000 USD.

 

Nerve reserves the right to update, modify or cancel the terms of the promotion or the values and selection of prizes offered or redeemed at any time at Nerve’s sole discretion without any liability to players whatsoever.

 

 

End User License

 

Agreement last revised: May 2022