Effective Date: November 1, 2018
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).
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.
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).
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
Open SSL: This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)
Cryptsoft: This product includes cryptographic software written by Eric Young (firstname.lastname@example.org) and Tim Hudson (email@example.com). Copyright© 1995-1998 Eric Young (firstname.lastname@example.org). All rights reserved.
UUID/GUID String Generator for Corona/Lua: Copyright© Frank Siebenlist. All rights reserved.
Eclipse Public License 1.0 (http://opensource.org/licenses/eclipse-1.0.php). Source code for this Third Party Component may be found at (http://developer.coronalabs.com/code/uuidguid-string-generator-coronalua)
AppLovin Plug-in Component for Corona: Copyright© 2013 Binary Pumpkin Ltd
Bitwise Operator: Copyright© 2010 ANSCA Inc. All Rights Reserved.
Tween.lua: Copyright© 2011, Enrique García Cota. All rights reserved.
BinDecHex.lua: Copyright© 2007 Tim Kelly/Dialectronics