Terms of Use and Conditions of Navigation

Nuuvem Platform

Welcome to the Nuuvem Platform. Next, we present the Terms of Use and Navigation Conditions, a document that lists the main rules that must be observed by everyone who accesses this site or uses its tools.

By visiting or using this site, you are assumed to have read and agreed to all of the terms below.

 

1 Definitions

1.1 For the purposes of this document, the following definitions and descriptions should be considered for better understanding:

Anti-Spam: System that prevents unwanted correspondence, such as mass advertising, by blocking messages or moving them to a specific folder.

Activation: Validation of information relating to licenses of use, possibly necessary for access to certain Games on the platform of the companies that own the licenses of the Games or, possibly, the Nuuvem Platform.

Access Account: Restricted area for the exclusive use of the User accessible through login and password, through which the User interacts, carries out transactions and exchanges personal information with the Platform.

Digital Content: Music, soundtracks, movies, games and other similar content available on the Nuuvem Platform.

Crawler / Spider: A program designed to act or obtain information in an automated way on websites.

Game(s): Digital content made available on the Nuuvem Platform for Users to download.

Layout: A set comprised of the appearance, design, and flow of the Platform.

License(s): License(s) to use Digital Content or Games purchased on the Nuuvem Platform. Licenses, which may be sold by or through Nuuvem, grant you a non-exclusive, limited, terminable right and license to use the Digital Content for your personal, non-commercial use (except as expressly permitted by Nuuvem in its sole discretion). The purchased license does not confer any title or ownership in the purchased Digital Content.

Link: Internet address terminology.

Login: User's identification name on the Nuuvem Platform.

Nuuvem: NUUVEM LTDA., current name of NUUVEM JOGOS DIGITAIS S.A., enrolled in the CNPJ/ME under no. 17.126.332/0001-10, headquartered at Rua Lauro Muller, 116, Sala 503 (part), Botafogo, in the city of Rio de Janeiro/RJ, Zip code 22290-160.

Platform: Virtual environment where services, games and digital content that are part of Nuuvem's sales catalog are available and offered to users through the site accessible through the domain "www.nuuvem.com".

Password: A set of characters that serves as proof of the User's digital identity, knowledge of which must be exclusive and unique.

Site: Designation for a web page.

User(s): Person(s) who have a valid account on the Portal and who access or interact with the activities offered. Every User, necessarily, must be a final consumer, being forbidden any purchase for the purpose of commercial resale or commercial exploitation.

Visitor: Every person who accesses the Platform.

 

2 Access and Functionality Restrictions

2.1 This platform is dedicated to hosting the virtual environment Nuuvem, whose activity is to allow Users to acquire licenses to download Digital Content, especially Games, also allowing Users to interact through social tools. The Digital Content is downloaded directly from the sites of the companies that own the licenses. Digital Content is not downloaded from Nuuvem's site.

2.2 Nuuvem is committed to offering its Users an easy, practical and fast way to access Games on computers, consoles or smartphones.

2.3 This Platform is intended for Users located throughout the world; however, there may be a difference in the catalog of Games offered according to the location where the User is located.

2.3.1 In the case of Games where regional restrictions apply, the User is guaranteed access to the Game only in the country where he made the purchase, even if there is the possibility of having access to it in a country other than the country where the purchase was made.

2.3.2 If there is a restriction on access described in item 2.3.1 above, it is prohibited to use any technological tool, such as, but not limited to Proxy and VPN, to access Games in a country other than that in which the license was purchased by the User.

2.4 It is forbidden to purchase Licenses for commercial resale or commercial exploitation, such as but not limited to the exercise of the economic activity of remunerated License rental.

 

3 Platform Operation and Conduct

3.1 This Platform is presented to the web public in the way it is available and may undergo constant improvements and updates, and Nuuvem is not obligated to maintain a structure or layout if not for its own convenience.

3.2 The User interested in acquiring the Digital Content must create an account, providing his e-mail address and a Password.

3.2.1 Each Access Account is conditioned to acquiring only one license for each Game for personal use, being forbidden any commercial use of this license. Nuuvem will not make available repeated licenses for the same Game to the same User.

3.2.2 The purchase of item bundles for Games is conditioned to a single price offered at the time of purchase that does not depend on whether the User already owns one or more items in that bundle. The User will not receive again the same item that he already has, but will only receive the other items of the package that he does not have.

3.2.3 To make the purchase the User must also inform other personal data according to the payment method chosen, such as, but not limited to, full name, login, display name for the public profile, identification document number in your country, enrollment number in the  Individual Taxpayer Registry - CPF, credit card number telephone number and address, as well as other identification elements that Nuuvem may require to prove compliance with the rules of these Terms of Use and applicable legislation (in particular, the requirements of tax legislation, consumer protection legislation and legislation for the protection of children and adolescents).

3.2.4 Nuuvem reserves the right to request the User to send additional information and eventual copies of documents, aiming solely and exclusively to confirm the identity of the buyer and the authenticity of its documents.

3.3 All commercialized Licenses may require the creation of an Access Account on a different platform (the platform from which the Games will be downloaded). In cases where Activation is required, a key will be provided at a specific location in the User's Nuuvem Access Account.

3.3.1 Due to variations in the distribution of some Games, it may be necessary that the Activation, download, installation and / or access to the Game occur through an Access Account on a platform other than Nuuvem. In these situations, there will be information in a visible and appropriate place on the descriptive page of the game, before finalizing the purchase.

3.3.2 The platform described in the item above for access to Games purchased may be changed at any time, regardless of the information described at the time of finalizing the purchase. If there is a change, the download, installation and/or access to the Game must be performed through the substitute platform.

3.4 Nuuvem may, at any time, change the payment methods available on the Platform, as well as any companies responsible for its intermediation, making it clear to the User which payment method is available.

3.5  The Users who purchase on the Platform may exercise their right of withdrawal within 7 (seven) days after receiving the product and may use the contact forms available on the Platform, the official channel being the e-mail support@nuuvem.com or the contact form, to start the procedure. There will be no right of withdrawal for purchases made in violation of these Terms of Use and, in particular, for purchases made with the intent of resale or commercial exploitation.

3.5.1 Nuuvem assures consumers that it will confirm in writing receipt of their cancellation requests made based on the right of withdrawal. Nuuvem will honor all cancellation requests made based on the right of withdrawal made pursuant to national law and these Terms of Use. After the cancellation request is made, Nuuvem will block the Activation Key from being viewed, if it has not been viewed by then.      

3.5.2 The refund of the payment can only be made if the User has not made use of his License, this being considered the visualization of the Activation key in the Access Account and/or the completion of the download. In the case of gift purchases, the Access Account to be considered will be that of the gifted User.

3.5.3 If the requirements described above are not met, Nuuvem reserves the right to not accept the return and not refund the amount paid and may make the product available to the User without prior consultation. For the safety of users, we recommend that you certify all information available on Nuuvem about a particular product before making a purchase.

3.5.4 Nuuvem will refund the amounts paid using the same payment method chosen in the purchase process. It is worth noting that, in purchases made with a credit card, the chargeback will be made by crediting the invoice (chargeback).

3.6 In addition to these Terms of Use and Navigation Conditions and Privacy Policy, the Platform has specific regulations aimed at its services provided, features available, procedures and policies adopted by Nuuvem to regulate forms of payment and use of the forum, for example.

3.6.1 The User understands that in order to fully use the Platform, its features, services and products, it is necessary to read and agree to all the terms, policies and regulations of Nuuvem and the owners of the Digital Content, as the case may be.

3.6.2 In the event of any divergence between the provisions of these Terms of Use and Navigation Conditions, the Privacy Policy or the Platform's regulations, the most specific rule shall prevail.

3.7 Nuuvem reserves the right to suspend a User's access without prior notice if it believes that the User's registration is irregular or that it violates, directly or indirectly, these Terms of Use and Navigation Conditions of the Platform or any legal provision.

3.8 Nuuvem strives to ensure the continuous and permanent availability of the Platform, being subject, however, to extraordinary events such as natural disasters, failures or collapses in the central communication systems and Internet access or third party events, which are beyond its control and responsibility.

3.9 It is the Users' duty to read the Terms of Use and Navigation Conditions, the Privacy Policy and other regulations of the Platform whenever they access it, and they shall maintain the commitment to act according to what is determined in these documents.

3.10 Only Users over the age of eighteen (18) are allowed to use the Platform. Individuals under the age of eighteen (18) must be assisted or represented by their legal guardians during the entire navigation through the Platform.

3.10.1 By indicating the date of birth on the Platform, the User declares the veracity of this information and will be fully responsible for all acts carried out on it.

3.10.2 Nuuvem shall not be held responsible for acts committed by persons under eighteen (18) years of age or Users who are unable to enter into legal relations under Brazilian law.

3.11 The registration of Users is free and will grant access to the functionalities of the Platform.

3.12 Nuuvem may change the eligibility criteria for accessing or performing activities on the Platform at any time without notice to the User. Nuuvem also has the ability to refuse to grant an Access Account to any person who fraudulently uses or in any way violates or attempts to violate the Platform's Terms of Use and Terms of Navigation or any of Nuuvem's legal documents made available on the Platform or any law or regulatory act issued by an authority.

3.13 Users can make use of the contact channels, the official channels being the e-mail support@nuuvem.com or the contact form at Support's Page to report every time they see or verify inappropriate content on the Platform.

3.13.1 The report will be confidential and will preserve the User's identity.

3.14 Nuuvem may restrict the number of licenses of the same or different products that may be purchased by the same User if Nuuvem believes that the purchase of a single License or multiple Licenses may constitute purchases for resale or commercial exploitation. 

 

4 Platform Communication with Users

4.1 Nuuvem may use all provided and authorized channels of communication with its Users in its various forms, including, but not limited to e-mail, phone calls, sending SMS, Whatsapp or any other form of instant electronic messaging. Communications will be made exclusively to meet the purchase requests made on the Platform, to verify compliance with these Terms of Use or to prevent fraud practiced with the consumer's data.

4.1.1 The responsibility for receiving communications is exclusive to the Users, which is why it is indispensable that they always provide correct and precise data and keep them updated whenever they browse the Platform.

4.1.2 It is also the responsibility of the Users to leave their anti-spam systems configured so as not to interfere with the receipt of communications and materials forwarded by Nuuvem or any notices forwarded by the Platform, and no excuse shall be acceptable if you have not had access to any e-mail due to such blocking or similar filter.

 

5 Privacy of Users on the Platform

5.1 The Platform has its own document, called Privacy Policy, which regulates the treatment given to registration information and other information and data collected.

5.2 The Privacy Policy is an integral and inseparable part of the Terms of Use and Navigation Conditions of the Platform, and can be accessed through the link found at its bottom.

5.3 Should any provision of the Privacy Policy conflict with any provision of this document, the more specific provision shall prevail.

 

6 Platform's Obligations

6.1 Nuuvem obligates itself to its Users to:

a) Keep the virtual environment secure, such as its management operations and the data recorded for it;

b) Preserving the functionality of the site, with non-broken links, using the layout that respects usability, security, and navigability, facilitating navigation whenever possible and ensuring a reliable environment to process its operations;

c) Display the functionalities in a clear, complete, precise and sufficient manner so that there is an exact perception of the operations performed; and

d) Guarantee, by means of the state-of-the-art available, the secrecy and confidentiality of the data inserted in the functionalities offered in its Platform, only being accessible to whom the User declines, besides himself/herself.

6.1.1 Nuuvem may perform preventive or emergency maintenance on the Platform, and, therefore, eventual stoppages, unavailability or impossibility of access may occur in these situations, and preventive maintenance will waive notice to Users when they cause eventual unavailability. Such notices will not be forwarded to Users in the event of emergency maintenance that may cause the Platform to be unavailable.

6.1.2 The unavailability of the Platform caused by force majeure or due to the maintenance described in this item 6.1.2 will not result in any right to compensation or reparation for damages for the time it remains out of use, regardless of the motivation.

 

7 Users' Obligations

7.1 The Users agree to:

a) Carry out navigation with ethical rectitude, always respecting the conditions that encompass the use of the Platform, being responsible for all their actions practiced in such environments and outside of it that involves the Platform, directly or indirectly;

b) Supply data and information always with the commitment of veracity and authenticity, under penalty of the application of the penalties of the law, of the duty to indemnify those who cause damage and to have the Access Account of this Platform excluded and its access blocked;

c) In the event of damage to the Platform or third parties, bear all obligations to indemnify Nuuvem or any other injured party, and Nuuvem shall not be liable for such damages;

d) Use the resources of this Platform for the purposes for which it was constituted, being subject to the application of the penalties provided by law, the duty to indemnify those who may eventually find damage, without prejudice to having the Access Account deleted and any and all benefits related to it lost;

e) Maintain the confidentiality of your Access Account data, your password and other authentication devices concerning third parties, not disclosing or sharing them with anyone, under penalty of exclusion from the Platform Access Account, in addition to the duty to reimburse any damage arising from such undue disclosure; and

f) If you suspect that the confidentiality of your password has been violated or that any authentication device has been compromised, change or update it as soon as possible.

7.2 The Users shall use the tools for social interaction and publication of content provided by Nuuvem, such as but not limited to Forum, Blog and comment and review systems in accordance with their specific rules of use, commitment expressly accepted upon acceptance of these Terms of Use and Terms of Navigation. Nuuvem reserves the right to remove any content that violates the Terms of Use and Terms of Navigation, the specific rules of use of each tool and other legal documents.

7.2.1 Content that violates the intimacy of third parties, such as, but not limited to materials containing scenes of nudity or sexual acts of a private nature, shall be removed immediately upon Nuuvem's knowledge regardless of the request, and the responsibility for such content shall be exclusively of the User who made it available.

7.3 Users using platforms other than Nuuvem will be conditioned upon acceptance of the Terms of Use of these platforms.

 

8 Copyright and Intellectual Property of the Platform

8.1 The commercial use of the term "Nuuvem" or words that resemble these, but with different spelling, such as trademarks, trade names or domain names, as well as the content of the screens of the Platform, as well as computer programs, both proprietary and third-party, databases, networks and their files, are the property of Nuuvem and or its partners and are protected by international laws and treaties for the protection of intellectual property, including, but not limited to, the Federal Laws 9. 609/98, 9.610/98, 9.279/96 e 10.406/2002.

8.2 By accessing this Platform, Users declare that they will respect all intellectual property rights of Nuuvem and its partners, including, but not limited to, computer programs, copyrights and industrial property rights on trademarks, patents, domain names, trade names and industrial designs, filed or registered on behalf of Nuuvem, as well as all rights relating to third parties that may be, or have been, available in any way on the Platform. The access or use of the functionalities of the Platform does not grant Visitors or Users any rights to the use of names, titles, words, phrases, marks, patents, domain names, corporate name, literary, artistic, literary-musical works, images, illustrations, legal documents, data and information, among others, which are or were available therein.

8.3 The reproduction of the contents described above is prohibited, except with prior written permission of Nuuvem or if they are intended for personal use only and under no circumstances do the Users acquire any rights over such content.

8.4 It is forbidden to use this Platform for commercial, advertising purposes or any other purposes that contradict the reality for which it was designed, as defined in this document, as well as the reproduction, distribution and disclosure, total or partial, of the texts, figures and graphics that make up this Platform, without prior express authorization from Nuuvem.

8.5 The Users assume any and all responsibility, civil and/or criminal, for the misuse of information, text, graphics, trademarks, patents, domain names, works, images, logos, in short, any and all intellectual or industrial property rights existing in this Platform or owned by Nuuvem.

8.6 Any other use of authorized material, including for editorial, commercial or advertising purposes, may only be made in the manner and with Nuuvem's prior express consent. Unauthorized commercial use may incur civil and criminal penalties.

8.6.1 Any reuse of authorized material must be re-authorized by Nuuvem.

8.6.2 The authorization granted for the use of the requested material cannot be transferred to third parties, even if linked to the authorized subject.

8.7 The eventual removal of any content or functionality of this Platform due to a complaint should always be understood as a demonstration of the intention to avoid damages and losses and cannot be admitted as an assumption of guilt or violation by Nuuvem to the right of a third party.

8.8 Unless specifically provided in an existing contract between users and Nuuvem, users retain the copyright of content submitted to the Platform, such as comments and their content, granting an irrevocable, perpetual, worldwide, unrestricted, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, distribute or display on the Platform for purposes of better use of the tool, further dissemination of any product, service or activity linked to the Platform.

8.9 If you submit content to Nuuvem via the Platform or any other published channels regarding ideas for new products, improvements to existing products, advertising campaigns, or any other marketing activity, Nuuvem hereby authorizes Nuuvem to use such content, and Nuuvem has the sole discretion to offer any monetary or non-financial compensation for your submission.

 

9 Ordering and Payment

9.1 The User can find the products available on the Platform through the search tool or the "Games" option, available in a specific and visible place on the Platform.

9.2 When locating the desired product(s), the User may click on the image available and thus will be made available product information, such as a summary of the Game, system requirements, indicative rating and additional information. To proceed with the purchase, the User must add the desired items to the cart and then choose the payment method and insert the discount coupon, if any. When finalizing the order, the User must provide the necessary information for payment.

9.3 Payment of orders can be made through the means available on the Platform, including credit card, bank draft, and wire transfer. New means may be made available, and the User may choose one of his/her preferences according to availability on the Platform when making the payment.

9.3.1 Nuuvem reserves the right to change billing methods, payment platform partners, services provided, additional fields for registration and everything it deems necessary for the correct development of the Platform.

9.4 Nuuvem protects its payment pages and login account pages with digital certificates, which increases the security of Visitors by ensuring that any information transmitted between the Visitor's browser and the Platform is encrypted.

9.5 The following rules apply to the return of payments for customers who request a refund based on the right of withdrawal: (a) the return of payments made with a credit card will be made by chargeback on the invoice of the same card; (b) for purchases with Pix or bank slip, the refund will be made in a bank account owned by the consumer, he informed Nuuvem.

9.6 All transactions will be initiated in the currency indicated in the shopping cart, as defined by Nuuvem for the country of access of the User, and the collection through payment intermediaries may occur in a different currency, according to the exchange rate and rates for the country of access or the User's account with the intermediary.

9.7 The products purchased will be available to the User as soon as there is confirmation of payment and internal approval by Nuuvem, - except for products purchased in pre-sale that will be available only on the expected date of release of the game, and the confirmation deadline may vary according to the means chosen by the User. As an example, the confirmation of bank slips can take about 3 (three) business days.

9.8 Nuuvem reserves the right to change the price and availability of any product at any time, without notice. The change in price and availability will only apply to transactions that have already taken place and are only waiting for payment confirmation or internal approval by Nuuvem.

9.9 Nuuvem offers users a loyalty and rewards program for orders and payments made on the platform with its own rules, accessible at https://www.nuuvem.com/drops-program

9.10 Users must inform true identification documents, such as their Individual Taxpayer Registry (CPF) number, in order for the purchase to be validated. The presentation of false documents can be characterized as ideological falsehood.

9.11 The presentation of false documents can be characterized as ideological falsehood. Nuuvem reserves the right not to effect the sale of a license if it determines that the User makes the purchase with the intent of resale or commercial exploitation.

 

10 Platform's Support

10.1 In case of doubt about the conditions established in this term or any document of the Platform, the User must contact the official channels, either via e-mail support@nuuvem.com or the contact form available on the Platform, at http://secure.nuuvem.com/support.

 

11 Modifications of these Terms and Conditions

11.1 The present Terms of Use and Navigation Conditions of the Platform are subject to constant improvement and refinement, resulting in constant changes and adjustments to its terms. Nuuvem reserves the right to modify at any time, unilaterally, this document, as well as its Privacy Policy. Therefore, it is recommended that the User, whenever accessing the Platform, check the version of the Terms of Use and Navigation Conditions of the Platform available. 

11.2 By browsing the Platform and using its functionalities, Users and Visitors accept to be guided by the Terms and Conditions of Use of the Platform and by the Privacy Policy in force at the time and, therefore, they must check them every time they access the Platform.

 

12 General Provisions

12.1 Users shall not be allowed to access the programming areas of the Platform, its database or any other set of information that is part of the activity developed by Nuuvem, perform or allow any kind of reverse engineering, translation, decompilation, copying, modification, reproduction, leasing, subleasing, sublicensing, publication, disclosure, transmission, loan, distribution or, in any other way, the provision of consultation tools of this Platform and its features to third parties without the prior express authorization of Nuuvem, being the User who does so subject to Brazilian law, without prejudice to the obligation to repair the damage it causes.

12.2 It is forbidden to use programs such as spider / crawler or data mining, which aim to break security systems, password, CAPTCHA, or any other type or kind related, and others not specified herein, but that act in an automated manner, both to perform mass operations or for any other purpose, under penalty of application of the related legislation to protect Nuuvem's interests, without prejudice to the obligation to repair any losses and damages eventually determined and / or supported by Nuuvem and resulting from this misuse.

12.3 The Platform and the website were developed and are made available to be manipulated by people for the specific purpose of selling products. Therefore, any use outside of this standard must be authorized in advance by Nuuvem, and any results resulting from unauthorized use or use outside the standards set forth herein may not be used or made available to anyone without Nuuvem's prior written permission.

12.4 The tolerance of the eventual non-fulfillment of any of the clauses and conditions of this instrument will not constitute novation of the obligations stipulated herein, nor will it hinder or inhibit their enforceability at any time.

12.5 All registrations and data storage performed in the Platform's environment will be performed and catalogued based on the UTC/GMT reference time.

12.6 Should any provision of these Terms of Use and Navigation Conditions of the Platform be considered illegitimate by the authority of the locality where the User accesses the Platform or maintains a link, the other conditions will remain in full force and effect until further notice.

 

13 Applicable Law and Jurisdiction

13.1 The Terms and Conditions of Use described herein are interpreted according to the Brazilian legislation, in the Portuguese language, being elected the Court of the Judicial District of Rio de Janeiro in the state of Rio de Janeiro, Brazil, to settle any dispute, question or doubt supervening, with express waiver of any other, however privileged it may be. For lawsuits initiated by consumers, the consumer may choose to file the lawsuit in the judicial district of Rio de Janeiro, or the forum of consumer domicile, under the terms of art. 101 of the Code of Consumer Protection, for actions of civil liability of Nuuvem as a supplier of products and services.

 

Updated: 12.21.2021