Terms of Use and Conditions of Navigation

Nuuvem Platform

Welcome to the Nuuvem Platform. The following are the Terms of Use and Conditions of Navigation, a document that lists the main rules to be observed by all who access this site or use its tools.

When visiting or using this site, it is assumed that User has read and agreed to all the terms below.

1 Definitions

1.1 For the purposes of this document, the following definitions and descriptions should be considered to understand it better:

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

Active: Validation of information regarding the licenses of use, which are eventually required to access certain Games on the Nuuvem Platform.

Access account: Area restricted to exclusive use by User, accessible via login and password, through which the User interacts 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 developed for operating or automatically gathering information on websites.

Game(s): A kind of digital content available on the Nuuvem Platform for download to Users.

Layout: A set entailing Platform’s appearance, design and flow.

License(s): License(s) for use of Digital Content or Games acquired on the Nuuvem Platform. Nuuvem grants, and User accepts, a right and a non-exclusive, limited and rescindable license to use Digital Content for personal and non-commercial use (unless otherwise permitted by Nuuvem in a specific case, at its sole discretion). Such license does not confer any right to or ownership of the Digital Content acquired.

Link: Terminology for internet address.

Login: User ID name on the Nuuvem Platform.

Nuuvem: NUUVEM JOGOS DIGITAIS S.A., a private legal entity, registered with the National Registry of Legal Entities under CNPJ No. 17.126.332/0001-10, with its headquarters at 7899 Avenida das Américas, Suite 604, Rio de Janeiro / RJ - Brazil , ZIP Code 22793-081.

Platform: Virtual environment where the services, games and digital content that comprise the Nuuvem sales catalog are listed and offered to Users via the website, accessible at "www.nuuvem.com".

Password: A set of characters that serves as User’s digital proof of identity, and which shall be known solely by User.

Web site: Title for internet page.

User(s): Person/persons that holds/hold, a valid account on the Portal and who accesses/access or interacts/interact with the activities offered.

Visitor: Any person that accesses the Platform.

2 Feature Access and Restrictions

2.1 This Platform is dedicated to hosting Nuuvem’s virtual environment, whose activity is to enable Users to acquire licenses to download digital content, especially Games, and also to enable User interaction by means of social tools.

2.1.1 Nuuvem is also present in the major social networks, in which Users can also interact with each other and with the company itself.

2.2 Nuuvem is committed to offering its Users an easy, practical and quick way to access Games on the computer.

2.3 This platform is meant for Users worldwide; however, there may be some differences in terms of the Games offered, depending on where the User is located.

2.3.1 In the case of Games in which regional restrictions apply, User shall be guaranteed access to the game only in the country where the purchase was made, even though it may be possible to access this particular game in a country other than the one where the purchase was made.

2.3.2 If the restriction described in section 2.3.1 above applies, the use of any technological tool, such as, but not limited to, Proxy and VPN, is forbidden for accessing Games in a country other than the one in which the license was acquired by User.

3 Platform Use and Conduct

3.1 This Platform is offered to the web audience in the way it is made available; it may undergo constant improvements and updates, but Nuuvem is not required to maintain a structure or layout, if not deemed convenient.

3.2 An User interested in purchasing its digital content must create an account by providing his or her e-mail and a password.

3.2.1 Each Access Account can purchase only one license for each game for personal use; any commercial use of such license is prohibited. When purchasing packages of items for games, in case User already has items purchased in the package, User will not receive the same item again, but only the remaining package items he or she does not have. Nuuvem has no obligation whatsoever to reimburse User for a game item already in User’s account.

3.2.2 To effect a purchase, User shall also furnish other personal data, depending on payment methods, such as, but not limited to, full name, login, display name for the public profile, country ID number, credit card number, phone number and address.

3.2.3 Nuuvem reserves the right to request User to send additional information and any copies of documents, with the sole aim of confirming purchaser’s identity and avoiding any damage or loss.

3.3 All marketed licenses may require the creation of an Access Account on a different platform. In cases where activation is required, a key in a specific location in the User Access Account on Nuuvem will be provided.

3.3.1 Due to variations in the way some games are distributed, the activation, download, installation and/or access to a game may need to occur via an Access Account on a platform other than Nuuvem’s. In such situations, information shall be available in a visible and appropriate place on the game’s descriptive page before the purchase is finalized.

3.3.2 The platform described in the item above for access to the games purchased may be changed at any time, regardless of the information described at the time of finalization. If there is a change, the download, installation and/or access to the game is to be made via the substitute platform.

3.4 Nuuvem may change the payment methods available on the Platform at any time, as well as any companies responsible for their intermediation, without any prior notification to Users.

3.5 Users who purchase items on the Platform may exercise their right of cancellation up to seven (07) days after receipt of the product by using the contact forms available on the Platform. The official channels, the e-mail support@nuuvem.com or contact form may be used to initiate the procedure.

3.5.1 After the initial contact with Nuuvem, User shall receive a confirmation of the request of his or her cancellation rights, and the object of the request shall be unavailable until analysis by Nuuvem. The request shall be subject to analysis according to the requirements described in these Terms of Use and Conditions of Navigation. In the event of compliance with the requirements, User shall receive detailed instructions on how to proceed. Such instructions include, but are not limited to, information regarding cancellation of the product, as well as the methods adopted by Nuuvem to make a refund.

3.5.2 The refund can only be made if User has not made use of his or her license. Such license is considered to be the viewing of the activation code in the Access Account and/or the conclusion of the download. In case of shopping for a gift, the Access Account to be considered shall be that of the recipient User.

3.5.3 In the absence of the above requirements, Nuuvem reserves the right not to accept the return of the item and not to proceed with its refund, and it may make the product available to the User without prior consultation. For greater security to Users, we recommend that all information available on Nuuvem on a specific product be checked prior to making the purchase.

3.5.4 Nuuvem shall refund the amounts paid using the same payment method chosen in the purchase process within thirty (30) working days after User’s contact and the unavailability of the product. It is worth mentioning that for purchases made by credit card, the refund may occur on up to two (2) subsequent invoices, since it is the responsibility of the credit card administrator.

3.6 In addition to these Terms of Use, Conditions of Navigation, and Privacy Policy, the Platform has specific regulations geared toward its services, available features, procedures and policies adopted by Nuuvem to establish payment methods and use of the forum, for example.

3.6.1 User understands that to make full use of the Platform, its features, services and products, it is necessary to have read and agreed to all the terms, policies and regulations of Nuuvem and the owners of the Digital Content, as appropriate.

3.6.2 If there are any differences between the provisions of these Terms of Use and Conditions of Navigation, the Privacy Policy or the regulations of the Platform, the one described in the most specific rule shall prevail.

3.7 Nuuvem reserves the right to suspend a User’s access without notice if it considers his or her registration to be irregular or if it directly or indirectly violates these Terms of Use and Platform Navigation Conditions or any legal document or regulation of Nuuvem, available or not on the Platform.

3.8 Nuuvem shall endeavor for continuous and permanent availability of the Platform, being subject, however, to extraordinary events such as natural disasters, failures or breakdowns in central communication systems and internet access or third parties, who are outside its sphere of supervision and responsibility.

3.9 Nuuvem is not responsible for any damages, loss or harm to Users’ equipment caused by failures in the system, server or Internet connection, especially those arising from conduct of others, including malicious software such as viruses, Trojan Horses and other types of content and malware that could in any way damage Users’ equipment or connection due to access, use and navigation on this Platform, as well as the transfer of data, files, images, texts, audios, videos or links available on this Platform.

3.9.1 Nuuvem does not check, control, approve or guarantee the suitability or accuracy of the information or data available on such links, and therefore is not responsible for any damage, loss or harm incurred or determined by User's visit on such sites. It is User’s responsibility to check the reliability of the information and data displayed therein before making any decision or performing any act.

3.9.2 Loss or damage caused by any delays, defects, errors or omissions that may exist in the systems or services available on the websites mentioned above are not Nuuvem’s responsibility but of its respective controller.

3.10 It is Users’ duty to read the Terms of Use and Conditions of Navigation, the Privacy Policy and other regulations of the Platform every time they access it and must maintain the commitment to act as set forth in these documents.

3.11 Nuuvem is not responsible for Users’ activities on the Platform. Each User shall be liable according to the quality and attitudes caused due to the use of the tools available on the Platform.

3.12 Only Users over eighteen (18) years of age may use the Platform. Individuals under eighteen (18) years shall be assisted or represented by their legal guardians throughout the time navigating the Platform.

3.12.1 Upon stating date of birth on the Platform, User declares the accuracy of such information and shall be fully responsible for all acts performed on it.

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

3.13 User registration is free and will ensure access to the features of the Platform.

3.14 Nuuvem can change the eligibility criteria for access to the Platform or for carrying out activities on it at any time, and may do so without any kind of communication or notice to User. Nuuvem also has the right to refuse to grant an Access Account to anyone fraudulently using, violating or attempting to violate the Terms of Use and Platform Navigation Conditions, or any Nuuvem legal document available or not on the Platform.

3.15 The e-mail address support@nuuvem.com and the contact form are the official channels that Users may use to report any instance of witnessing or verifying any inappropriate content on the Platform.

3.15.1 Such complaint will be confidential and will safeguard User’s identity.

4 Communication of Platform with Users

4.1 Nuuvem may use all available and authorized communication channels with its Users, in their various forms, including, but not limited to, e-mail, phone call, SMS or any other form of instantaneous electronic message.

4.1.1 Responsibility for the receipt of communications is exclusive to Users; therefore it is essential that they always provide correct and accurate data, and keep it updated whenever they navigate the platform.

4.1.2 It is also the responsibility of the Users to leave their anti-spam systems configured so that spam does not interfere with the reception of communications and materials sent by Nuuvem or any notices sent on the Platform. There is no acceptable excuse for not having had access to e-mail because of such block or similar filter.

5 User Privacy on the Platform

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

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

5.3 If any provision of the Privacy Policy conflicts with any other in this document, the description in the most specific rule shall prevail.

6 Platform’s Obligations

6.1 Nuuvem is obligated to its Users to:

a) Maintain a secure virtual environment, such as its management operations and recorded data for such, except for any destructive act by a third party that goes beyond reasonable efforts and the current state of technology, something for which it will not be responsible for damages resulting from such harmful practice;

b) Preserve the functionality of the site, with no broken links, using a layout that respects usability, security and navigability, facilitating navigation whenever possible and ensuring a reliable environment for processing its operations;

c) Exhibit its features in a clear, complete, accurate and sufficient way so that there is a precise perception of the operations carried out; and

d) Ensure, using the state of available technology, the secrecy and confidentiality of the data entered in the features offered on its Platform, making it accessible only to whom the User indicates other than himself or herself.

6.1.1 Nuuvem guarantees that it will make the necessary efforts for the platform to be available to Users most of the time comprising the calendar month; however, it shall not be liable at any time for any outages that occur while accessing the platform.

6.1.2 Nuuvem may perform preventive or emergency maintenance on the Platform, and, therefore, downtime, outages or access disablement may occur in these situations. Preventive maintenance shall dispense with a notification to Users when such times of unavailability occur. Such notices will not be sent to Users in case of emergency maintenance that may cause downtime on the Platform.

6.1.3 Unavailability of the Platform caused by force majeure or arising from the maintenance described in this item 6.1.2 shall not result in any right to indemnity or compensation for damages for the time it was out of use, regardless of cause.

6.2 Nuuvem is not responsible for attitudes assumed by Users who, directly or indirectly, may have an impact on the Platform, its rules, reports, regulations, opinions, suggestions, etc. User agrees to use the Platform with common sense, based on morals, good habits and ethics.

7 Users’ Obligations

7.1 Users are obligated to:

a) Perform navigation with ethical correctness, always respecting the conditions governing the use of the Platform, taking responsibility for all their actions done in such environments and away from them, directly or indirectly involving the platform;

b) Always provide data and information with commitment to veracity and authenticity, under penalty of law, and to the duty to indemnify those whom they cause damage, and to have the Access Account to the Platform deleted and access to it blocked;

c) In case of damage to the Platform or to third parties, take full responsibility to indemnify Nuuvem or any person potentially harmed, with Nuuvem being in no way responsible for such harm;

d) Use this Platform’s resources for purposes for which is was constructed, User is subject to penalties provided by law, the duty to indemnify those who eventually suffer damage, without harm of having the Access Account deleted and any and all benefits related to it lost;

e) Maintain the confidentiality of their account access data, password and other authentication devices regarding third parties, not disclosing or sharing them with anyone, under penalty of having their Platform Access Account deleted, besides the duty to indemnify damages that may transpire due to such improper disclosure; and

f) If Users suspect that the confidentiality of their password has been violated or that there has been a compromise of some authentication device, they must change or update the information as soon as possible.

7.2 Users shall use the tools of social interaction and publication of content provided by Nuuvem, such as, but not limited to, forums, blogs, commentary systems and reviews in accordance with its specific rules of use, a commitment expressly accepted upon acceptance of these Terms of Use and Conditions of Navigation. Nuuvem reserves the right to remove any content that violates the Terms of Use and Conditions of Navigation, the specific rules of use for each tool, and other legal documents.

7.2.1 Content that violates the privacy of third parties, such as, but not limited to, materials containing nudity or sexual acts of a private nature, will be removed as soon as Nuuvem notices it, regardless of request. Responsibility for such content is solely that of the User who made it available.

7.3 Users who use various Nuuvem platforms shall be subject to acceptance of the Terms of Use of those platforms.

8 Copyright and Intellectual Property of Platform

8.1 Commercial use of the term "Nuuvem" or words that are similar to it, but with different spellings, such as trademarks, company names or domain names, in addition to the content on the Platform’s screens, as well as computer programs, belonging to it or to third-parties, databases, networks and files, are the property of Nuuvem and/or its partners and are protected by international laws and treaties protecting intellectual property, including, but not limited to, Federal Laws 9.609/98, 9.610/98, 9.279/96 and 10.406/2002.

8.2 Upon accessing this Platform, Users state that they will respect all intellectual property rights of Nuuvem and its partners, including, but not limited to, computer programs, copyright and industrial property rights concerning trademarks, patents, domain names, company name and industrial designs deposited or registered in the name of Nuuvem, as well as all rights pertaining to third parties that may be or have been in some way available on the Platform. The access or use of the Platform’s features does not grant Visitors or Users any rights to the use of names, titles, words, sentences, trademarks, patents, domain names, company name, literary, artistic, literary-musical works, pictures, illustrations, legal documents, data and information, among others, which may or may not have been available on it.

8.3 The reproduction of content described above is prohibited, except with the prior written permission of Nuuvem, or if intended for personal use only. Under no circumstances shall Users acquire any rights regarding such content.

8.4 Use of this Platform for commercial, advertising or any other purposes contrary to the purpose for which it was designed, as defined herein, as well as the total or partial reproduction, distribution and dissemination of the texts, figures and graphics that make up this Platform, without prior written permission of Nuuvem, is prohibited.

8.5 Users assume all and any liability of a civil and/or criminal character for the improper use of the information, texts, graphics, trademarks, patents, domain names, works, images and logos, in short, of all and any intellectual or industrial property right that exists on this Platform or owned by Nuuvem.

8.6 Any other use of authorized material, including for editorial, commercial or advertising purposes, may only be done in the manner and upon prior written consent of Nuuvem. Any unauthorized commercial use may incur civil and criminal penalties.

8.6.1 Any reuse of authorized material shall be the subject of a new authorization by Nuuvem.

8.6.2 Authorization granted for use of the requested material may not be transferred to third parties, even if they are linked to the authorized person.

8.7 The eventual withdrawal of any content or feature from this Platform as a result of any complaint shall always be understood as a statement of intention to avoid damages and harm, and cannot be admitted as an assumption of guilt or violation by Nuuvem against the rights of a third party.

8.8 Unless otherwise specified in the contract between Users and Nuuvem, Users retain copyright of any content sent to the Platform, such as comments and their contents, granting irrevocable, perpetual, worldwide, unrestricted, royalty-free license, and non-exclusive reproduction, adaptation, modification, translation, publication, distribution or display on the Platform for purposes of the best use of the tool, the best showcase of any product, service or activity related to the Platform.

8.9 The sending by User to Nuuvem via the Platform or divulged channels, content which relates to ideas for new products, improvement of existing ones, advertising or other marketing action, shall imply the authorization of use of the content by Nuuvem. It is the sole discretion of Nuuvem to offer any kind of pecuniary compensation or non-financial compensation for what was sent. User cannot make any claim in this regard.

9 Orders and Payment

9.1 User may find products available on the Platform via search engine or "Games" option, available at a specific location and visible on the Platform.

9.2 Upon finding the desired product(s), User may click on the available image, and information about the product will be available, such as summary of the game, system requirements, rating system and additional information. To make the purchase, User shall add the desired items to the shopping cart, and then choose the payment method and enter the discount coupon, if there is one. To finalize the order, User shall provide the necessary information for payment.

9.3 Payment for orders shall be made using the resources available on the Platform, including credit card, billet or wire transfer. New forms of making payment may be made available, allowing User to choose his or her preference, depending on the availability on the Platform at time of payment.

9.3.1 Nuuvem reserves the right to change forms of collection, payment platforms partners, services rendered, additional fields of registration, and all that it deems necessary for the correct development of the Platform.

9.4 Nuuvem protects its payment and Account Access pages through digital certification, which increases the security of visitors by guaranteeing that any and all information transmitted between the Visitor’s web browser and the Platform will be encrypted.

9.5 Cases involving reversal shall be examined individually by Nuuvem and may vary according to the payment method used. Nuuvem states that there may be costs/fees for the reversal, which will be the responsibility of User.

9.6 All transactions shall be initiated in the currency indicated in the shopping cart, according to Nuuvem’s settings for User's country of access. Charges through payment intermediaries may occur in a different currency, depending on the exchange rate and the fees for own User’s country of access or account in the intermediary.

9.7 The purchased products shall be available to User as soon as there is confirmation of payment and internal approval by Nuuvem. The period of confirmation may vary according to the means chosen by User. For example, confirmation of bank billets may take up to three (3) business days.

9.8 Nuuvem reserves the right to change the price and the availability of any product at any time, without notice. The change in price and availability shall not apply to transactions already carried out and which are only waiting for confirmation of payment or internal approval by Nuuvem.

10 Platform Customer Service

10.1 If there is any question about the conditions of this Agreement or any other Platform document, User should contact the official channels via the e-mail support@nuuvem.com or via the contact form available on the Platform at http://secure.nuuvem.com/support.

11 Modifications of these Terms and Conditions

11.1 These Terms of Use and Conditions of Platform Navigation are subject to constant improvement and enhancement, resulting in constant changes reflected in adjustments of its terms. Thus, Nuuvem reserves the right to unilaterally modify this document and the respective Privacy Policy at any time without prior notice to User. Therefore, it is recommended that each time User accesses the Platform, he or she should check on the current version of the Terms of Use and Conditions of Platform Navigation.

11.2 Nuuvem may, without obligation to do so, inform Platform Users that documents such as the Terms of Use and Conditions of Navigation, and the Privacy Policy, have been changed, and it may use any form of communication already established in this document.

11.3 When navigating on the Platform and using its features, Users and Visitors agree to be guided by its Terms and Conditions of Use and Privacy Policy in effect on that date, and therefore should check them each time they access the Platform.

12 General Provisions

12.1 Users shall not be allowed to access Platform programming areas, its database, or any other set of information that comprises part of the activity developed by Nuuvem, carry out or permit any type of reverse engineering, translation, de-compilation, copying, modification, reproduction, lease, sublease, sublicense, publication, disclosure, transmission, loan, distribution, or any other way, the access of this Platform’s consultation tools and its features to third parties without the prior written permission of Nuuvem. Any User who does so is subject to Brazilian law, without prejudice to the obligation to repair the damage caused.

12.2 The use of spider/crawler-type programs or of data mining, which are intended to hack security systems, password, CAPTCHA, or of any kind or related type, as well as any others not specified here, but which act in an automated fashion, both to make massed transactions or for any other purposes, under penalty of related legislation for the protection of Nuuvem’s interests, without prejudice to the obligation to repair any losses and damages eventually established and/or supported by Nuuvem and that result from such misuse.

12.3 The Platform and the site were developed and are available to be handled by individuals for the specific purpose of marketing products. Any use outside of this standard must be previously authorized by Nuuvem, and any result from the disallowed use or apart from the standards set forth herein shall not be used or made available to any person without the prior written permission of Nuuvem.

12.4 Users shall possess the means to navigate this Platform, including the equipment necessary to access the Platform, as well as to contract with a telecommunications service provider to meet the minimum requirements for access to the Internet.

12.5 The tolerance of any breach of any of the terms and conditions herein does not constitute a novation of the obligations stipulated herein, nor does it prevent or inhibit the enforceability of these at any time.

12.6 All records and storage of data performed in the Platform environment shall be made and cataloged based on the UTC/GMT time reference.

12.7 If any provision of these Terms of Use and Conditions of Platform Navigation is considered illegal by authority of the location where User accesses or stays connected to the Platform, all other conditions shall remain in full force and effect until further notice.

13 Applicable Law and Jurisdiction

13.1 The Terms and Conditions of Use herein are interpreted under Brazilian law, in Portuguese. The Court of the District of Rio de Janeiro in the State of Rio de Janeiro, Brazil, shall be the venue for any dispute, question or supervening concern. User expressly renounces any other venue, however convenient it may be.

 

Update: May 23 th, 2017