NIX HYDRA GAMES, INC. TERMS OF SERVICE

Effective Date:  November 1, 2018

 

IMPORTANT – PLEASE READ THE FOLLOWING TERMS OF USE (REFERENCED COLLECTIVELY HEREIN AS “TOU”) BEFORE DOWNLOADING AND/OR USING ANY WEBSITE AND/OR MOBILE APPLICATION(S) (reference collectively herein as “Nix Hydra Application”) PROVIDED TO YOU BY OR ON BEHALF OF NIX HYDRA GAMES, INC. (“Nix Hydra”). NIX HYDRA IS WILLING TO LICENSE AND PERMIT USE OF A NIX HYDRA APPLICATION SUBJECT AT ALL TIMES TO AGREEMENT WITH THIS TOU. BY ACCESSING, DOWNLOADING, AND/OR USING A NIX HYDRA APPLICATION YOU AGREE TO BE BOUND BY THIS TOU. IF YOU DO NOT ACCEPT THIS TOU, DO NOT USE A NIX HYDRA APPLICATION.

 

1. NIX HYDRA APPLICATION. The content layout, formatting, and features of and access privileges for a Nix Hydra Application shall be as determined or specified by Nix Hydra in its sole discretion. Nix Hydra shall also have the sole right to modify, upgrade, and change a Nix Hydra Application. Based on the applicable personal computing or mobile device settings, when connected to the Internet either: (1) the Nix Hydra Application (and any updates thereto) will automatically download and install; or (2) Nix Hydra will provide notice of or prompt the downloading and installation of a Nix Hydra Application (or an update thereto). A Nix Hydra Application (or portions thereof) may not properly operate without installation of an available update(s).

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2. LICENSE GRANT. Each Nix Hydra Application is made available by Nix Hydra, and this TOU provides to you (identified herein as “you” or a “user” or with “your”) a personal, revocable, limited, non-exclusive, nontransferable, and (limited) nonsublicensable license to use the Nix Hydra Application for your personal, non-commercial use.

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3. LICENSE GRANT RESTRICTIONS. This TOU provides only a license and not an assignment or sale. Nix Hydra transfers no ownership or intellectual property interest or title in and to the Nix Hydra Application to you or anyone else. Further, Nix Hydra reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by Nix Hydra) a Nix Hydra Application (including any video or screen image thereof). In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering Nix Hydra or the use of a Nix Hydra Application (or any part thereof).

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4. USER OBLIGATIONS. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of a Nix Hydra Application. By accessing or using a Nix Hydra Application, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials to or through a Nix Hydra Application, including, without limitation, when you provide information via a registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize a Nix Hydra Application only with the involvement and acceptance of (this TOU by) their parent or legal guardian and then solely under such parent or legal guardian’s account. You also represent that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through a Nix Hydra Application. You also acknowledge and agree that use of the Internet and the Nix Hydra Application is solely at your own risk.

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5. ACCOUNT. You may be required to register to use a Nix Hydra Application. Each registration is for a single user only, unless otherwise expressly agreed upon by Nix Hydra. Registration for access to and use of a Nix Hydra Application may also require access credentials, such as a password, or adherence to other particular access requirements as designated by Nix Hydra in its sole discretion from time to time. You hereby agree to consider your access credentials as confidential information and not to disclose such information to any third party without the prior express written consent of Nix Hydra, which may be withheld in its sole discretion. In addition, you agree to assume all responsibility concerning your use of a Nix Hydra Application, including being held responsible for any and all activity occurring through your user name and password (and the related account access). You shall immediately notify Nix Hydra if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password.

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6. INTERACTIONS. A Nix Hydra Application may provide access to communication and other interactive features and functionality where you can share, exchange information or content, or otherwise communicate with other users (with such shared or exchanged information, content, or communications referenced collectively as “Interactions”). You agree that by using a Nix Hydra Application you will not upload, post, display, or transmit any of the following:

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  • anything which may damage, lessen, or harm the goodwill or reputation of Nix Hydra and its services;

  • anything which defames, harasses, bullies, threatens, or in any way violates or infringes on the rights of others;

  • anything which may be considered offensive, obscene, or otherwise inappropriate, including language or content of a sexual nature, that includes nudity, that includes or incites violence, that relates to alcohol, tobacco or drugs, or that denigrates any person or group on any basis, including but not limited to, on the basis of race, religion, nationality, age, sexual orientation or gender identity;

  • anything which involves the impersonation of any other person or entity;

  • anything which constitutes junk mail, spam, or unauthorized advertising; or

  • anything which is unlawful.

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Other users who use such social features of a Nix Hydra Application may obtain information regarding your activities and achievements associated with your user name relating to games offered through a Nix Hydra Application. Also, if you and one or more other users agree, each of you may each receive automatic notifications regarding the other’s activities relating to games offered through a Nix Hydra Application. Nix Hydra reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Interaction. Further, and as applicable, Nix Hydra shall not have any obligation to incorporate or utilize any Interaction that does not correspond to or meet Nix Hydra’s technical or usage practices, parameters, and limits.

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7. NO PRE-SCREENING OF INTERACTIONS. You, and not Nix Hydra, shall be the author and/or sender of any Interaction. Nix Hydra is not responsible for pre-screening or editing your or any other user’s Interactions and encourages reasonable discretion and caution in evaluating or reviewing any Interaction(s). Moreover, Nix Hydra does not endorse or approve of any message, opinion, or idea expressed in an Interaction (unless separately and expressly provided by Nix Hydra) and does not make any representation with respect to the accuracy, acceptability, completeness, timeliness, or reliability of any Interaction(s). Nevertheless, Nix Hydra reserves the right to monitor, delete, or take other action with respect to any Interaction(s) that Nix Hydra reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce this TOU, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) protect the rights, property, or safety of Nix Hydra, its users, or the public; or (vi) address any act or omission that Nix Hydra believes in good faith violates this TOU and/or is, or is potentially, unlawful or harmful to Nix Hydra, its services, or goodwill.

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8. YOUR ALLOWANCES & GRANTS TO NIX HYDRA. You permit Nix Hydra the right to (i) allow a Nix Hydra Application to use the processor, bandwidth, camera, and storage hardware on your mobile device or other device used to access a Nix Hydra Application in order to facilitate the operation of a Nix Hydra Application, (ii) require the downloading of updates and upgrades, including for the purpose(s) of fixing product defects or providing enhancements, and (iii) provide advertising and other information to you as determined (or permitted) by Nix Hydra. You further grant to Nix Hydra for any lawful purpose and without any additional approval or consideration a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, fully paid, worldwide right and license to use the data and content (including your image (or likeness), photograph, or any Interaction(s) you submit (or provide) through a Nix Hydra Application or that is gathered by Nix Hydra in connection with your use of a Nix Hydra Application. you represent and warrant that you have all necessary rights or permissions to share your data and content (including any photograph or Interaction(s)), and acknowledge that Nix Hydra has no control over the extent to which any Interaction may be used by any party or person once posted or displayed.

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9. NIX HYDRA APPLICATION FEEDBACK. Nix Hydra further welcomes your feedback and suggestions about Nix Hydra’s products or a Nix Hydra Application or with respect to how to improve a Nix Hydra Application. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Nix Hydra, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Nix Hydra and enable Nix Hydra to use such Feedback. In addition, any Feedback received by Nix Hydra will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for Nix Hydra to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.

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10. PROPRIETARY RIGHTS. Each Nix Hydra Application is owned by Nix Hydra Games, Inc. and/or its licensor(s). © 2018 Nix Hydra Games, Inc. and/or its licensor(s). All rights reserved. NIX HYDRA, the Nix Hydra logo, and all other names, logos, and icons identifying Nix Hydra and its solutions, products, and services are proprietary trademarks of Nix Hydra, and any use of such marks without the express written permission of Nix Hydra is strictly prohibited. Other service, product, or company names mentioned or displayed may be the trademarks and/or service marks of their respective owners.

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11.ADDITIONAL TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to receipt of (or access to) certain materials, participation in a particular program, and/or to usage (or specific portions or features) of a Nix Hydra Application. Without limitation of the foregoing, you hereby agree that: (a) this TOU operates in addition to any terms of use imposed or required by any digital download platform from which you download a Nix Hydra Application (“App Provider Terms”); and (b) the terms of this TOU supplement and do not alter or amend any such App Provider Terms. If a Nix Hydra Application includes any components provided by third parties, or otherwise facilitates your access to third party offerings, your rights and obligations with respect to such third party components or offerings are subject by such third party’s license or grant of rights. Nix Hydra has no obligations relating to such third party offerings or components. Please also note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of a Nix Hydra Application. In addition, not all features of a Nix Hydra Application may work with all carriers, networks, or devices. You are responsible for checking with your mobile carrier to determine if a Nix Hydra Application is available for use with your mobile device(s), what restrictions, if any, may be applicable to your use of a Nix Hydra Application on a mobile device(s), and how much any use will cost. Nevertheless, all use of a Nix Hydra Application shall be in accordance with this TOU.

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12. LINKS TO OTHER SITES. A Nix Hydra Application may connect to certain third party websites, advertisements, or online networks (collectively, “Third Party Sites”). Offers from such third party websites or vendors may include invitations to participate in a promotional offer in return for receiving an optional component of a Nix Hydra Application (such as in-game currency). To properly credit user accounts and to prevent fraud, a unique identifier, in some cases a unique user ID number, may be shared with the third party advertiser. You understand and acknowledge that such currency is not transferrable, is not legal tender, cannot be used to purchase anything outside of a Nix Hydra Application and has no monetary value. Please note that upon clicking on one of these advertisements, you will no longer be in any application or website designed, published, controlled or hosted by Nix Hydra. All Third Party Sites are owned, controlled, and/or maintained solely by third parties over whom Nix Hydra exercises no control. These links do not imply an endorsement with respect to any Third Party Site(s) or the information, products, or services provided by any Third Party Site(s). Nix Hydra encourages review of the applicable terms, conditions, or notices governing use of these Third Party Sites. Your correspondence or any other dealings (including any transactions) with third parties found through any Third Party Site(s) is solely between you and such third party.

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13. THIRD-PARTY COMPONENTS. The following third party software (“Third Party Components”) may be included in a Nix Hydra Application and are subject to their own additional terms and licenses. This list is not considered to be a complete list of Third Party Components in the Game and may be added to or modified.

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14. PRIVACY POLICY. Please see Nix Hydra’s Privacy Policy https://www.nixhydra.com/eula/ for a summary of Nix Hydra’s personally identifiable information collection and use practices. You agree to receive electronic communications from Nix Hydra. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to a Nix Hydra Application or Nix Hydra’s other products. These electronic communications are part of your relationship with Nix Hydra and you receive them as part of your use of a Nix Hydra Application. You therefore hereby agree that any such notices, agreements, disclosures or other communications that Nix Hydra sends you electronically will satisfy any legal communication requirements. You may unsubscribe from any email communication as directed in any email and may explore the available opt-out opportunities related to information collection. See Nix Hydra’s Privacy Policy for information about controlling collection through a Nix Hydra Application.

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15. DISCLAIMER. EACH NIX HYDRA APPLICATION IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE STATE LAW IMPLEMENTATION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (INCLUDING ANY AVAILABLE REMEDIES OR LAWS) SHALL NOT APPLY TO THIS TOU AND IS HEREBY DISCLAIMED. NIX HYDRA ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE NIX HYDRA APPLICATION (AND ANY THIRD PARTY COMPONENTS) WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. NIX HYDRA (AND ITS PROVIDERS OF THIRD PARTY COMPONENTS) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NIX HYDRA ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY OR AVAILABLE THROUGH A NIX HYDRA APPLICATION.

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16. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE NIX HYDRA FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND NIX HYDRA’S CONTROL, INCLUDING AS CAUSED BY ANY THIRD PARTY SOFTWARE OR HARDWARE. MOREOVER, IN NO EVENT SHALL NIX HYDRA (OR PROVIDERS OF THIRD PARTY COMPONENTS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF A NIX HYDRA APPLICATION (OR ANY THIRD PARTY COMPONENT). NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF NIX HYDRA FOR BREACH OF THIS TOU IS CESSATION OF USE OF A NIX HYDRA APPLICATION, AND FOR ANY OTHER REASON RELATED TO YOUR USE OF A NIX HYDRA APPLICATION WHATSOEVER, THE TOTAL LIABILITY OF NIX HYDRA IS LIMITED TO AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO NIX HYDRA DURING THE PRIOR TWELVE (12) MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE NIX HYDRA APPLICATION.

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17. ARBITRATION. You agree that all disputes between you and Nix Hydra (whether or not such dispute involves a third party) with regard to your relationship with Nix Hydra, including without limitation disputes related to this TOU, your use of a Nix Hydra Application, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and Nix Hydra hereby expressly waive trial by jury. Any claim you might have against Nix Hydra must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You may bring claims only on your own behalf. Neither you nor Nix Hydra will participate in a class action or class-wide arbitration for any claims covered by this TOU. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Nix Hydra is a party to the proceeding.

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18. GOVERNING LAW. A Nix Hydra Application is controlled and operated by Nix Hydra from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this TOU or contact Nix Hydra if you wish to receive a printed copy of the TOU.

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19.ENFORCING SECURITY. You may not use a Nix Hydra Application or any of Nix Hydra’s data, systems, networks, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using Nix Hydra data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Nix Hydra system or network, circumventing any Nix Hydra security or authentication measures, monitoring Nix Hydra data or traffic, interfering with any Nix Hydra services, collecting or using from a Nix Hydra Application email addresses, user names, or other identifiers, collecting or using from a Nix Hydra Application information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using a Nix Hydra Application to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against Nix Hydra or its data, systems, or network. Actual or attempted unauthorized use of a Nix Hydra Application may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Nix Hydra reserves the right to view, monitor, and record activity on a Nix Hydra Application without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on a Nix Hydra Application as well as to disclosures required by or under applicable law or related government agency actions. Nix Hydra will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Nix Hydra reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to a Nix Hydra Application, or any portion of a Nix Hydra Application in order to protect a Nix Hydra Application or Nix Hydra.

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20. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Nix Hydra proprietary assets, will cause irreparable injury to Nix Hydra, such injury would not be quantifiable in monetary damages, and Nix Hydra would not have an adequate remedy at law. You therefore agree that Nix Hydra shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Nix Hydra post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Nix Hydra to enforce any provision of this TOU.

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21. TERM AND TERMINATION. This TOU will take (re-take) effect at the time you accept, download, or begin using a Nix Hydra Application, whichever is earliest. You may uninstall or delete a Nix Hydra Application at any time by utilizing the available uninstall or delete functionality offered by the applicable operating software or mobile device. However, by uninstalling or deleting a Nix Hydra Application, you will no longer be able to access a Nix Hydra Application’s functionality or related Nix Hydra Application. This TOU will also terminate automatically if: (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of a Nix Hydra Application. Termination in such event(s) will be effective without notice. In addition, Nix Hydra may in its sole discretion terminate this TOU or suspend Nix Hydra Application performance upon notice to you for any or no reason. Upon termination of this TOU, any and all right(s) to use a Nix Hydra Application shall immediately cease and you must promptly delete or destroy all copies of a Nix Hydra Application in your possession or control. The provisions concerning License Grant Restrictions, Your Allowances and Grants to Nix Hydra, Nix Hydra Application Feedback, Confidentiality, Nix Hydra’s Proprietary Rights, Disclaimer, Limitation of Liability, Arbitration, Governing Law, Enforcing Security, Injunctive Relief, Waiver & Severability, and Entire Agreement will survive the termination of this TOU for any reason.

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22. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Nix Hydra of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the licensed rights to Nix Hydra, warranty disclaimers, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

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23. ENTIRE AGREEMENT. You and Nix Hydra are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and Nix Hydra as a result of this TOU or your utilization of a Nix Hydra Application. This TOU represents the entire agreement between you and Nix Hydra with respect to your individual use of a Nix Hydra Application. This TOU may not be assigned, transferred, conveyed, delegated, or granted by you to another party or person without the prior written consent of Nix Hydra. Please note that Nix Hydra reserves the right to change the terms and conditions of this TOU and the terms and conditions under which a Nix Hydra Application and its offerings are extended to you by posting online a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, Nix Hydra may add, modify, or delete any aspect, program, functionality, or feature of a Nix Hydra Application. Your continued use of a Nix Hydra Application following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.

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24. CONTACT INFORMATION. If you have questions regarding a Nix Hydra Application or if you are interested in obtaining more information concerning Nix Hydra or its products, services, or solutions, please contact Nix Hydra at:

 

Nix Hydra Games, Inc., 1149 N Gower St., Los Angeles, CA 90038

support@nixhydragames.com

 

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