NIFTY HUMALS TERMS OF USE
Last Updated September 25, 2023
These Terms of Use (or "Terms") are a binding contract governing your access to and use of the Nifty Humals video game (the “Game”) owned and offered by Defend Nature Interactive, Inc. (“DNI” "us" or "we"). Your use of the Game is also governed by the Nifty Humals Privacy Notice, and additional terms that govern specific features or offers, and other relevant DNI policies, all of which are incorporated herein by reference. Access to and use of the Game is void where prohibited. DNI reserves the right to limit, in its sole discretion, the provision and quantity of the Game in whole or in part to any person or geographic area.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND US.
All feedback, comments, requests for technical support, and other communications relating to the Game or these Terms should be directed to humals@defendnature.com.
1. Terms Acceptance
By accessing, installing, downloading, or using the Game in any manner, you accept and consent to these Terms and all documents incorporated by reference and you represent and warrant that you meet the eligibility requirements in Section 3. You can also accept the Terms by (i) clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form; (ii) by creating an account; (iii) by clicking “sign up” or any similar mechanism; (iv) or by downloading or using the Game in any manner. If you do not agree to these Terms in full, do not access or use the Game. Any additional, separate terms that apply to your use of the Game will be considered to form part of these Terms. DNI reserves the right to delete any account or remove any Player from the Game for failure to comply with any eligibility requirements, these Terms, or for any other reason at our sole discretion, with or without notice to you. These Terms will remain in effect as long as you access or use the Game.
2. Nifty Humals
Nifty Humals is a skill-based superhero dance battle video game backed by blockchain technology and offered on browser-based and mobile platforms. The Game allows you to register as a player and create an account (as a “Player”) for solo or team gameplay and to connect with friends on the Game. Other Players will see your in-game username and gameplay statistics according to your profile selections, and you can choose to link to your social media or share your Player-Generated Content (defined in Section 6(c)) on your public profile. Any Personal Data submitted through the Game is governed by the Nifty Humals Privacy Notice.
3. Eligibility and Registration
THE GAME IS NOT INTENDED OR DIRECTED TO CHILDREN YOUNGER THAN 16 YEARS OLD. IF YOU ARE UNDER 16 YEARS OF AGE, YOU ARE PROHIBITED FROM USING OR ACCESSING ANY OFFERING, EVEN IF YOUR LEGAL GUARDIAN APPROVES OTHERWISE.
a. Eligibility
To be eligible for the Game, you must: (i) meet the age, consent, and registration criteria described in this Section 3; (ii) access the Game only when physically located in a state, country, or jurisdiction where we offer the Game and where your gameplay of the Game is unrestricted and unprohibited by that jurisdiction’s laws; and (iii) at all times abide by these Terms. The Game and other DNI offerings are not available to anyone who was previously removed from the Game or other offerings by DNI.
The Game is available to registered Players who are at least 18 years of age or Players who are at least 16 years of age (“Minors”) and for whom DNI has received prior written consent from the Minor’s parent or legal guardian (in each case, a “Guardian”) as required by applicable law and our policies. Minors may only use or access the Game with the consent of and under the supervision of a Guardian, and only following the Guardian’s consent to these Terms. If you are a Guardian, by you or your Minor registering with, accessing, or using the Game, you represent and warrant that you: (i) have read and agree to these Terms on your and your Minor’s behalf; and (ii) that you give your consent to your Minor’s use of the Game. Any access or use of the Game by a Minor without the consent to these Terms and supervision of their Guardian is strictly prohibited and in violation of these Terms. If you are a Minor, then “you” as used in these Terms (unless context requires otherwise) includes both you as the Player and your Guardian.
b. Account Registration
To play the Game, you must register as a Player and create an account. There is a limit of one account per Player. Accounts for Minors may have different or limited feature access as determined by DNI as appropriate for the Minor’s age group. You hereby agree to provide true, accurate, current, and complete information about yourself at account creation and at all times when accessing the Game and you agree to update your registration information to keep it current and accurate within a reasonable time after any change. By registering for an account, you represent and warrant that you and, if applicable, your Minor, meet the eligibility criteria for the account for which you are registered. DNI reserves the right to suspend or close any account or a Player’s access to the Game without notice if we discover or suspect that you do not meet the requirements of these Terms. Please keep your account credentials secret. DNI may, in our sole discretion, reject, change, suspend, and/or terminate your credentials. You are solely and entirely responsible for complying with these Terms, and only you are entitled to the benefits accruing to your account. You may not allow any other person to (i) access your account or (ii) access the Game through your account. Your account and any rights or benefits associated therewith are not transferable to any other person or account. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. DNI is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials or your choice to share any data associated with your account with others.
4. Game Play
a. Player Safety
DNI offers no guarantee that the Game or other services can be accessed from, displayed on, or linked to from your device or that you will experience any particular outcome as the result of your use of the Game. We make no representation that the Game is appropriate or available for use in any particular location. The Game is not available in all languages or in all countries. To the extent you choose to access and use the Game and any games or other services thereon, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. DNI encourages Players to report any content or material on the Game, including within games, that appears to recruit, entice, advertise, or solicit any person to disclose private information or perform a commercial sexual act or any unlawful act. YOU ACCESS AND USE THE GAME AT YOUR OWN RISK. You understand that you may encounter content on the Game that you feel is offensive or objectionable, content that may or may not be identified as having explicit language, and content that may contain links or references to objectionable material. You agree to use the Game at your sole risk and that DNI shall not have any liability to you for content that may be found to be offensive, indecent, objectionable, inaccurate, incomplete, untimely, invalid, illegal, of poor quality, or otherwise.
b. Health and Seizure Warning
Some Players may experience fatigue, nausea, or vertigo while using certain games, features, or hardware. Taking rest breaks from games may help alleviate symptoms. In rare instances, exposure to certain light patterns or backgrounds on a gaming display may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. You are responsible for reviewing and adhering to all safety tools and tips provided for the Game. While playing, your actual vision may be impaired or there may be wires connecting your hardware to the Game. Players should set up their playing space safely, away from big common areas, small children, and pets.
c. Code of Conduct
You may only use the Game in compliance with these Terms, our Privacy Notice, and all applicable laws, rules, and regulations within your jurisdiction. You shall use the Game only for lawful purposes. You are personally responsible for your use of the Game. You represent and warrant that you will use the Game in accordance with the following requirements:
i. You will use the Game in a respectful manner and in compliance with applicable laws;
ii. Any information you submit to us is truthful and accurate;
iii. You will maintain the accuracy of that information;
iv. You will abide by all rules of conduct relating to any Game you play, or Site features you use;
v. You will not do anything that might jeopardize the security of your Account;
vi. You will not engage in any activity described under Prohibited Acts (Section 8.2); and
vii. You will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Any information that you provide to us will also be subject to our Privacy Notice.
viii. We may temporarily or permanently ban you if you violate the provisions of this Section 8, or if you abuse email communications or support communications, as determined by us, in our sole discretion.
d. Prohibited Activities
You are strictly prohibited from engaging in the conduct described in this Section 4(d). By accessing or playing the Game, you agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Game or any portion thereof (including our Content, defined below) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify, sub-license, resell, duplicate, or make derivative works of any portion of the Game. This section provides examples of prohibited conduct. The below lists are not intended to be exhaustive. Any conduct by you that, in our sole discretion, restricts or inhibits any other Player or another individual from using or enjoying the Game will not be permitted. You represent and warrant that your use of the Game and your provision of Player-Generated Content via the Game will not:
i. Use or attempt to use another Player’s account without authorization, or impersonate any person or entity;
ii. Harvest, solicit, or collect information of other Players for any reason whatsoever, including, without limitation, for sending unsolicited communications;
iii. Upload any Player-Generated Content or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;
iv. Post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity;
v. Infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
vi. Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
vii. Be fraudulent, false, misleading, deceptive, defamatory, obscene, pornographic, vulgar, or offensive;
viii. Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
ix. Be violent or threatening or promote violence or actions that are threatening to any person or entity;
x. Promote illegal or harmful activities or substances; or
xi. Use the Game in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Game, or which may expose us or our Players to any harm or liability of any type.
Additionally, you are strictly prohibited from violating or trying to violate our security features, such as by:
A. Accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
B. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing;
C. Attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to “overloading”, “flooding,” “spamming,” “mail bombing,” or “crashing”;
D. Sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
E. Using any device, software, or routine to interfere, or try to interfere, with the proper
working of the Game or any activity being conducted on the Game; or
F. Using or attempting to use any engine, software, tool, agent, or other device or mechanism
(including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the
Game other than the search engine and search agents that we make available via the Game
and other than the generally available third-party web browsers.
DNI reserves the right to determine what conduct it considers to be in violation of the rules set forth in
this Section 4, or otherwise outside the intent or spirit of these Terms or the Game itself. DNI reserves
the right to take action as a result, which may include suspending or terminating your account and
prohibiting you from using the Game in whole or in part. Additionally, if you violate our system or
network security, you may face civil or criminal liability. Tampering with the Game, conducting
fraudulent activities on the Game, and all other illegal activities are prohibited and may subject a user to
legal action and/or termination of access to the Game. We will investigate occurrences that may involve
such violations. We may involve or cooperate with law enforcement authorities in prosecuting Players
who are involved in such violations.
5. Virtual Currency and Purchases
a. In-Game Purchases
The Game is free to play, and each Player can mint one superhero character for free. Players have the
option to mint additional superheroes, purchase abilities, boosts, bundles, and other in-game virtual items
("Virtual Items") using in-game currency acquired through the Player's Stardust wallet, gameplay,
promotions, or other means ("Virtual Currency"). You agree to pay the prices stated for each Virtual
Item at the time of purchase. The Game may additionally provide you with the option to purchase tangible
merchandise or other goods, and such may be governed by additional, separate terms of sale as notified to
you at the time of purchase. Prices for purchases must be paid in full at the time of purchase. As to all of
your purchases in or through the Game: (i) to the fullest extent allowed by applicable law DNI MAKES
NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR
PURPOSE, OR NON-INFRINGING, AND WE DISCLAIM ALL SUCH WARRANTIES AS MAY
BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION and; (ii) we shall be
deemed to have fully performed our duty to deliver the goods when we deliver the goods to you for
download or to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid)
for shipment to you at the address that you supplied to us; in either case, it being understood that you bear
the entire risk of loss or damage in transit, mis-delivery or non-delivery of the goods that you may
purchase from us. Prior to shipment or download, we have the right to cancel any order and refund
payment based on a mistaken price quote on the Game. The prices charged for such purchases are subject
to change. All sales are final.
b. Limited License Grant
You acquire Virtual Currency and/or Virtual Items through a limited license grant from DNI. Your right
to use any Virtual Items or Virtual Currency that you obtain is limited - to be clear, you do NOT own any
Virtual Items or Virtual Currency. Instead, you have a limited, non-exclusive, non-assignable, non-
transferable, non-sublicensable, revocable license (in DNI's sole and absolute discretion) to use such
Virtual Items and Virtual Currency solely for your personal entertainment and noncommercial use in
connection with the Game. DNI, in its sole discretion, has the absolute right to manage, modify,
substitute, replace, suspend, delete, remove, reduce, or cancel, Virtual Currency or Virtual Items without
any notice or liability to you, including deletion upon termination of your account. You have no
ownership or other property interest in any Virtual Currency or Virtual Items, regardless of how you
acquired your limited license to access the Virtual Currency or Virtual Items. Neither Virtual Currency
nor Virtual Items have any real-world monetary or exchange value. You cannot redeem them for real-
world money or monetary value from DNI or any other person, except as required by law. The existence
of a particular Virtual Good or Virtual Currency does not mean DNI will maintain or continue to make
available such Virtual Good or Virtual Currency. Virtual Currency and Virtual Items may not be
available in certain territories. You acknowledge and agree, notwithstanding anything to the contrary
herein, that you will have no claim, right, title, ownership, or proprietary interest in Virtual Currency or
Virtual Items to which you acquire access regardless of any consideration offered or paid in exchange by
you, and that DNI will not be liable in any manner for the destruction, impairment, modification, deletion,
removal or other damage or loss of any kind caused to the aforementioned, including the deletion of
Virtual Currency and Virtual Items upon the termination of your Account.
c. European Union Residents Purchasing Virtual Currency and Virtual Items
If you live in the European Union, you have certain rights to withdraw from distant purchases; however,
please note that when you purchase a limited license to use Virtual Items or Virtual Currency from DNI,
you acknowledge and agree that DNI provides the Virtual Items or Virtual Currency promptly once your
purchase is complete; therefore, your right of withdrawal expires at this point. For the purposes of this
Section 5(c), a “purchase” is complete at the time DNI (or DNI’s third-party payment processor) servers
validate your purchase and the applicable Virtual Items and/or Virtual Currency are successfully credited
to your Account on DNI’s servers. Thereafter, the purchase is non-refundable and non-exchangeable.
d. Payment Processing and Refunds
Players may acquire Virtual Currency to spend in the Game by paying fiat money to purchase Virtual
Currency for deposit in the Player’s Stardust wallet. You represent and warrant that the payment
information you provide to us is correct and accurate and you are using a form of payment that you are
legally authorized to use for this purpose. You agree to the charges posted to your payment method for
your Virtual Currency purchases. You are responsible for paying all taxes that accrue in connection with
your purchases and your use of the Game. You agree that you are solely liable for any payment or credit
card fraud, abuse, or unauthorized use by you or others.
DNI uses a third-party payment provider to process your purchases. When you purchase Virtual
Currency, Virtual Items, or other offerings from DNI, you are not directly providing DNI with your
payment information such as credit card numbers, PIN numbers, or other billing-related information;
rather, you are providing such information to our third-party payment processing partners. You agree that
you will provide accurate and complete payment information to DNI’s third-party payment providers.
You are responsible for ensuring that you have authorization to use any chosen payment method, which
includes obtaining account holder, parent, or guardian approval if applicable. Depending on the platform
you use to access an Offering, the purchase of Virtual Currency, Virtual Items, or other Offerings may be
subject to your platform provider's terms of service and user agreement. Depending on which bank you
use, additional charges may be issued by your bank; DNI has no control over this and accepts no liability
in relation to the same. If you are unsure whether you will be subject to such additional charges, then you
should check with your bank before making a purchase from DNI. ALL SALES ARE FINAL AND
NON-REFUNDABLE EXCEPT AS GOVERNED BY APPLICABLE LAW.
When you make payments by credit card, you represent to us that you are the authorized user of such
credit card. You must promptly notify us of any changes to your credit card account number, its
expiration date, or your billing address, or if your credit card expires or is canceled for any reason. DNI
will have no liability for any losses you may incur, and you will not be entitled to a refund of any kind as
a result of such unavailability. Payments are nonrefundable, and there are no refunds or credits for
partially used purchases or subscription periods. If we cannot charge the payment method you have on
file for any reason, we reserve the right to either suspend or terminate your access to the Game. If your
unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees
or collections agency fees. We are not liable for any loss caused by any unauthorized use of your credit
card or other method of payment by a third party (such as PayPal) in connection with the Game. Any
attempt to defraud using credit cards or other methods of payment, regardless of the outcome, or any
failure by you to honor legitimate charges or requests for payment, will result in immediate termination
of your Account and pursuit of civil litigation and/or criminal prosecution.
6. Game and Contents Ownership
You understand and agree that, as between DNI and you, DNI owns all right, title, and interest in and to
the intellectual property that comprises the content, features, and functionality of the Game, including
without limitation: characters, artwork, environments, stories, storylines, designs, themes, mission
structures, audio (whether dialogue or musical compositions), computer programming, source code,
object code, computer files, nonfungible tokens (whether created and/or minted by DNI, you, or a third
party), Player-Generated Content, browser-based platform and mobile application through which the
Game is accessed, algorithms and computer system architecture (collectively, the “DNI Contents”).
Certain aspects of the DNI Contents are licensed to DNI by our third-party licensors. The DNI Contents
are the property of DNI, our content suppliers, or other third parties, as applicable, and are protected by
U.S. and international copyright laws. The compilation of the DNI Contents on the Game is our exclusive
property and protected by U.S. and international copyright laws. Using the Game does not give you
ownership of any intellectual property rights in the DNI Contents. The DNI Contents or any portion
thereof may not be exploited for any purpose, including commercial purposes, without DNI’s express
written consent. Except in accordance with these Terms, you may not use the Game or the DNI Contents
unless you obtain written permission from its owner or are otherwise permitted by law.
b. Player-Generated Content
The Game may offer features that allow Players to generate, mint, upload, publish, display, or post
nonfungible tokens (“NFTs”) or other content or materials (collectively, “Player-Generated Content”).
All Player-Generated Content must comply with the use standards set out in these Terms. You are solely
responsible for your Player-Generated Content and the consequences of posting it online. You assume all
risks associated with dealing with other Players with whom you come in contact through the Game, and,
to the extent that the law permits, you release us from any claims or liability related to any Player-
Generated Content posted via the Game and from any claims related to the conduct of any other Players.
DNI does not review or verify Player-Generated Content for truth or accuracy, but we reserve the right
(but have no obligation to) monitor, review, screen, post, remove, reject, modify, or store Player-
Generated Content at any time and for any reason without notice.
Player-Generated Content must not (i) misrepresent your identity or affiliation with any person or
organization; (ii) seek to collect others’ Personal Data by any means; (iii) seek to transmit chain letters,
or bulk or junk email; (iv) relate to contests, sweepstakes, or other sales promotions; (v) include
information that may be used to track, contact, or impersonate another individual; (vi) infringe any
intellectual property or other proprietary rights of ours or of any other party; (vii) seek to harm or exploit
children; (viii) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory,
profane, or otherwise offensive, damaging, unlawful, or harmful; (ix) violate our or any other party’s
legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or
regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (x) be
otherwise objectionable as determined by us at our sole discretion. With respect to any Player-Generated
Content posted by you, you represent that: (A) you created and own the rights to or you have the owner’s
express permission to post to the Player-Generated Content and (B) the Player-Generated Content does
not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks,
rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or
any of our other posted policies.
c. Assignment of Player-Generated Content
By generating, posting, or submitting any Player-Generated Content to or through the Game, you
automatically and irrevocably assign all right, title, and interest to such Player-Generated Content to DNI.
You further covenant and agree to execute and deliver any and all papers and do all lawful acts that may
be necessary or desirable to correct, perfect and/or record DNI’s title to the Player-Generated Content,
including without limitation to promptly execute individual assignment agreements in such form as may
be required by DNI for each jurisdiction in which any Player-Generated Content is pending, issued or
registered at any time upon the request and at the expense of DNI. You waive any and all claims that any
use by DNI or DNI licensees of your Player-Generated Content violates any of your rights, including
moral rights, privacy rights, intellectual property rights, rights to publicity, proprietary, attribution, or
other rights, and rights to any material or ideas contained in your Player-Generated Content.
To the extent that any portion of the intellectual property rights to your Player-Generated Content or any
portion thereof are not assignable as provided in this Section 5(c) for any reason, you hereby irrevocably
grant to DNI a worldwide, perpetual, irrevocable, royalty-free, exclusive and fully sublicensable license
to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and
display such Player-Generated Content (in whole or in part) in any media and to incorporate the Player-
Generated Content into other works in any format or medium now known or later developed. The
foregoing grants shall include the right to use, modify, reproduce, display, and exploit (i) any proprietary
rights in such Player-Generated Content, including but not limited to, rights under copyright, trademark,
or patent laws under any relevant jurisdiction; and (ii) any information, including personal information,
you choose to include in your Player-Generated Content such as your name or likeness, without any
obligation to you.
d. License Grant
DNI hereby grants you a limited, revocable, non-transferable, non-exclusive, non-assignable, non-
sublicensable license to access and make personal use of the Game, the DNI Contents, and the Player-
Generated Content that you create or post to the Game. This license does not include: (i) a right to
download (other than page caching) or modify the Game or any DNI Contents, or any portion thereof,
except with DNI’s express written consent; (ii) any resale or commercial use of the DNI Contents or any
Player-Generated Content; (iii) any derivative use of the Game, DNI Contents, or Player-Generated
Content; or (iv) any use of data mining, robots, or similar data gathering and extraction tools on the
Game. For clarity, you may use the Player-Generated Content that you create or post to the Game for your
personal entertainment purposes, including posting on social media, provided that such use does not
commercialize the Player-Generated Content in any manner. Any unauthorized use of the Game, DNI
Contents, or the Player-Generated Content terminates the permission or license granted by us. This
license may also be terminated by DNI at any time. Upon termination of these Terms: (x) the rights and
licenses granted to you herein shall terminate as to the terminated rights; (y) you shall cease all uses of the
Game, DNI Contents, and Player-Generated Content that have been terminated; and (z) DNI may at our
own discretion remove and/or purge data, account information, and any other information obtained by us
in connection with providing you the Game.
7. Game Software and App
You may be required to download certain applications from us or third parties (together with the content
included therein, any associated documentation, and any application program interfaces, license keys, and
patches, updates, upgrades, improvements, enhancements, fixes, and revised versions of any of the
foregoing, collectively the “Software”) to play the Game. If you do not download the Software, you may
not be able to play the Game. Your use of the Software is subject to these Terms. By accessing or using
the Game, you represent and warrant that you have the legal right to use the games or Software that is
identified in the Game, including valid and properly licensed versions of such games or other software,
and that the games or other software are installed on a device you have rights to use.
DNI may offer the Game through a mobile application (the “App”). To play the Game via the App, you
must have a compatible mobile telephone or handheld device, Internet access (if required by the App),
and the necessary minimum specifications (“Software Requirements”). The Software Requirements for
Apple iOS devices and Android OS devices can be found on the relevant application store page. The App
software may be upgraded from time to time to add support for new functions and services. The App may
request certain privacy permissions from your device such as access to your device camera, access to
choosing images from your device, or access to your device microphone and associated features. You
acknowledge that the terms of the agreement with your respective mobile network provider will continue
to apply when using the App. Data and messaging charges may apply to your use of the App or any text
messaging or photo-sharing features you use via the App. You accept responsibility for any such charges
that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access
the App, you will be assumed to have received permission from the bill payer for using the App. The App
may be configured to allow you to make calls using your voice connection from your mobile service
provider. Please note that this may result in additional voice minute usage fees from your mobile service
provider.
8. Proprietary Rights
a. Trademarks
Nifty Humals, Defend Nature Interactive, Inc., DNI, and other graphics, logos, page headers, button
icons, scripts, and service names on the Game are our trademarks, registered trademarks, or trade dress in
the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any
product or service that is not owned by us, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that
appear in connection with DNI are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by us. These Terms do not grant you the right to use any
branding or logos used on the Game. You may not frame or utilize framing techniques to enclose any of
our trademarks, logos, or other proprietary information (including images, text, page layout, or form)
without our express written consent. You may not use any meta tags or any other "hidden text" utilizing
our name or trademarks without our express written consent. You may not remove, obscure, or alter any
legal notices displayed in or along with the Game.
b. Feedback
You may from time to time provide DNI with certain materials, communications, suggestions, comments,
improvements, ideas, or other feedback related to the Game (“Feedback”). You hereby additionally grant
DNI all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to
fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable,
irrevocable, perpetual license to use and incorporate into the Game or other DNI offerings any of the
Feedback. By providing Feedback, you are representing that the Feedback is not subject to any
intellectual property claim by a third party or any license terms which would require products or services
derived from that Feedback to be licensed to or from, or shared with any third party.
c. Third-Party Services
You may be able to access third-party websites, services, or software (“Third-Party Services”) via the
Game. DNI is not responsible for the contents available through those Third-Party Services. You are
solely responsible for your dealings with third parties. Your use of Third-Party Services are subject to that
third party’s terms and conditions and privacy practices. DNI does not endorse any Third-Party Services,
and you hereby agree that DNI is not liable for any loss or damage that may be incurred by you as a result
of the availability or your use of any Third-Party Services.
d. DMCA Notice
DNI respects the intellectual property of others, and we ask our Players to do the same. If you believe in
good faith that any material on the Game infringes a copyright in your work, a notification of the alleged
copyright infringement should be emailed to our Copyright Agent at: humals@defendnature.com (Subject
Line: "DMCA Takedown Request"). To be effective, the notification must be in writing and contain the
following information:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of the
copyrighted work that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed;
iii. Identification of the material that is claimed to be infringing, and information reasonably
sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone
number, and, if available, an electronic mail address;
v. A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the copyright owner.
Please be advised that we will not respond to complaints that do not meet the requirements above. Notices
must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act
(DMCA). If we determine that the material(s) alleged to infringe your rights do not require removal, we
will remove those materials only pursuant to a court order that declares the content or use of the materials
unlawful. Please be aware that there can be penalties for false claims under the DMCA. In accordance
with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate
circumstances and at our sole discretion, the Account and access to the Game of Players who are deemed
to be repeat infringers. We may also at its sole discretion limit access to the Game and/or terminate the
participation of any Players who infringe any intellectual property rights of others, whether or not there is
any repeat infringement.
9. Updates; Access; Beta Versions
a. Updates
From time to time, we may, in our sole discretion, develop and provide updates to the Game, which may
include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including
related documentation, “Updates”). Updates may also modify or delete in their entirety certain features
and functionality. You agree that we have no obligation to provide any Updates or to continue to provide
or enable any features or functionality. You agree to promptly download and install all Updates and
acknowledge and agree that the Game or portions thereof may not properly operate should you fail to do
so. You further agree that all Updates will be deemed part of the Game and be subject to these Terms.
b. Access
We will use commercially reasonable efforts to maintain availability of the Game. You agree and
understand that there will be times when the Game will not be available, such as scheduled maintenance
times; outages; emergency maintenance; unavailability caused by software, hardware, or other Players;
and causes beyond our reasonable control. We will make commercially reasonable efforts to notify you of
planned downtime and unavailability of the Game. We are not liable for any delays, interruptions, or
other transmission errors resulting from any lack of Service access or caused by your device or your
internet or wireless service provider. We may suspend and/or close the account of any user who violates,
or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without
notice and without liability to you. You understand and agree that you are responsible for obtaining and
maintaining all telephone, computer hardware, software, and other equipment needed for access to and
use of the Game and all charges related thereto.
c. Beta Versions
DNI may make versions of the Game available for testing and evaluation purposes prior to their release
to the general public (“Beta Versions”). Beta Versions are subject in all respects to these Terms, except
that we may discontinue the Beta Version or your ability to use it at any time, with or without notice and
without further obligations to you. By participating in a Beta Version test, you consent to DNI accessing
all data, including your Personal Data, input or collected via your use of the Beta Version for DNI to
identify bugs, discrepancies, errors, or improvements in the Game. You also understand and agree that
we may contact you to learn more about your use of the Beta Version or related activities to improve the
Game. You agree to notify us of all comments or suggestions about the Game, including without
limitation any problems and ideas for improvements, which come to your attention during the use of the
Beta Version. By permitting you to access, download, install, or use a Beta Version, we do not grant any
additional right to you under any copyrights, patents, trademarks, or trade secret information. DNI
reserves the right to condition your access to and use of a Beta Version on your execution of a
Nondisclosure Agreement.
10. Disclaimer of Warranties
YOU USE THE GAME AT YOUR OWN RISK. DNI MAKES NO EXPRESS, IMPLIED OR
STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH
THE GAME OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY,
TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE GAME. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU ON AN “AS-
IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY
OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS. DNI DOES NOT WARRANT THAT THE GAME WILL MEET ALL OF
YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR-
FREE, OR THAT ANY DEFECT WITHIN THE GAME WILL BE CORRECTED. NO ORAL OR
WRITTEN INFORMATION, REPRESENTATION, OR ADVICE GIVEN BY US SHALL CREATE A
WARRANTY WITHOUT A WRITING SIGNED BY DNI REFLECTING THE CREATION OF SUCH
WARRANTY.
11. Limited Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DNI
BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY –
WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), AGENCY,
WARRANTY, STATUTE, OR OTHERWISE – FOR ANY INDIRECT, EXTRAORDINARY,
EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ANY
LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, OR ANY
OTHER LOSSES OR DAMAGES OF ANY KIND, HOWEVER ARISING, EVEN IF WE KNEW OR
SHOULD HAVE KNOWN THAT THERE WAS A POSSIBILITY OF SUCH LOSSES OR
DAMAGES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY AMOUNTS THAT,
TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE
AGGREGATE OF THE FEES PAID BY YOU TO US FOR YOUR USE OF THE GAME DURING
THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO
FEES WERE PAID DURING SUCH THREE-MONTH PERIOD, ONE HUNDRED US DOLLARS
($100), IN EACH CASE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
13. Indemnity
You agree to indemnify, defend (at our option), and hold harmless DNI, our affiliated companies, our
non-affiliated partners, and their respective parent companies, affiliates, subsidiaries, officers, directors,
members, managers, employees, agents, third-party content providers, sponsors or licensors (collectively
the “DNI Indemnities”) from and against any and all claims, losses, damages, liabilities and expenses,
including legal fees and expenses, resulting from or arising out of: (i) Player-Generated Content that you
post to the Game; (ii) your violation of these Terms; (iii) your negligent, willful misconduct, fraud, or
strict liability; (iv) you ruse, misuse and/or access of the Game; (v) your violation of any applicable law;
or (v) your violation of the rights of any third party, or any breach of the representations, warranties, and
covenants made by you herein. You understand and acknowledge that DNI takes no responsibility and
assumes no liability for your use of the Game in any manner.
16. Dispute Resolution
READ THIS SECTION CAREFULLY. IT CONTAINS A CLASS ACTION WAIVER,
REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE
MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute,
controversy, or claim between you and DNI arising out of or relating to: (i) these Terms, or the breach
thereof; (ii) your access to or use of the Game; or (iii) any alleged violation of any federal, state, or local
law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the
arbitration procedure outlined below.
a. Informal Dispute Resolution
DNI wants to address your concerns without the necessity of a formal legal case. Before filing a claim
against us, you agree to try to resolve the Dispute informally by contacting us at
humals@defendnature.com. DNI will contact you by email as part of a good faith effort to resolve the
Dispute informally. If a Dispute is not resolved within thirty (30) days after submission, you or we may
bring a formal proceeding.
b. Arbitration Agreement
You and we each agree to resolve any Disputes through final and binding arbitration administered by the
American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes. The arbitration will be held in Los Angeles, California,
United States, or any other location DNI agrees to. The AAA rules will govern the payment of all
arbitration fees. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or
abuse of the Game, or infringement of intellectual property rights (for example, trademark, trade secret,
copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process
described above.
c. Class Action Waiver; Waiver of Jury Trial
You may only resolve Disputes with us on an individual basis and you may not bring a claim as a plaintiff
or a class member in a class, consolidated, or representative action. Class arbitrations, class actions,
private attorney general actions, and consolidation with other arbitrations are not allowed under these
Terms. Each party further acknowledges and agrees that any controversy that may arise under this
Agreement, including exhibits, schedules, attachments, and appendices attached to this Agreement, is
likely to involve complicated and difficult issues and, therefore, each such party irrevocably and
unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of
or relating to this Agreement, including any exhibits, schedules, attachments or appendices attached to
this Agreement, or the transactions contemplated hereby.
d. Intellectual Property and Small Claims
Notwithstanding the parties’ decision to resolve Disputes through arbitration, either party may bring an
action in state or federal court that only asserts claims for patent infringement or invalidity, copyright
infringement, moral rights violations, trademark infringement, or trade secret misappropriation, but not,
for clarity, claims related to the license granted to you under these Terms to use the Game. Either party
may also seek relief in a small claims court for disputes or claims within the scope of that court's
jurisdiction.
17. General Terms
a. Changes and Cancellations
You may change your Game access level or close your account at any time by logging into your account
and making your changes or following the account closure process. If you close your account, your access
to the Game will terminate immediately. Upon termination: (i) all license and rights granted to you under
these Terms automatically terminate and you shall automatically forfeit the right to use the Game; (ii) you
must immediately discontinue all use of the Game and your account; and (iii) you must immediately
uninstall and delete all copies of the Game and any software or downloads you received pursuant to these
Terms. Your obligation to pay accrued fees will survive any termination of your account. We reserve the
right to terminate your account immediately upon giving notice to you if you breach any of these Terms
or we may terminate your account for any other reason or for no reason by giving you 30 days’ notice.
Our rights and your obligations under these Terms shall not be affected by the termination of your
account.
DNI may change or discontinue the Game or any thereof at any time in our sole discretion, including
without limitation content, hours of availability, or equipment needed for access or use. You hereby agree
that we will not be liable to you or any third party for any modification or discontinuance of the Game or
any features thereon at any time for any reason.
b. Term and Termination
These Terms shall remain in full force and effect as long as you hold an account with or access the Game
in any manner. To terminate these Terms, you must cancel your Account and discontinue all use of the
Game. Any cancellation of your account or termination of these Terms is effective when you discontinue
all use of the Game. On termination, you lose the right to access or use the Game or the DNI Contents in
any way. All provisions of these Terms that, by their nature, should survive any termination or expiration
of these Terms shall survive any termination or expiration. Any termination or expiration of these Terms
shall not relieve you of any obligations that may have arisen or accrued prior to such termination or
expiration or limit any liability you otherwise may have to us, including, without limitation, any
indemnification obligations contained herein.
c. Choice of Law; Venue
These Terms and all matters arising out of or relating to these Terms shall be construed and enforced in
accordance with the laws of the State of California, without regard to its principles of conflict of laws. To
the extent that Section 16 does not apply or is held unenforceable, each party irrevocably and
unconditionally agrees that it shall not commence any action, litigation, or proceeding of any kind
whatsoever against the other party in any way arising from or relating to these Terms in the state and
federal courts of Los Angeles County, California. In the event of any Dispute between the parties, DNI
shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable
attorneys’ fees, if we are the prevailing party.
d. Relationship of Parties
The parties’ relationship, as established by these Terms, is solely that of independent contractors. These
Terms do not create any partnership, joint venture, or similar business relationship between the parties.
Neither party is a legal representative of the other party, and neither party can direct and control the day-
to-day activities of the other, or assume or create any obligation, representation, warranty, or guarantee,
express or implied, on behalf of the other party for any purpose whatsoever.
e. Entire Agreement
These Terms, including and together with any related policies, guidelines, agreements, or rules that we
may incorporate from time to time, constitute the entire agreement between you and us with respect to the
subject matter herein, and supersedes all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding such subject matter. Section headings are
inserted for convenience only and shall not affect in any way the meaning or interpretation of these
Terms.
f. Notices
DNI may provide you with notice by any means, including (without limitation) via email or postings on
your Game account. Notices emailed to you will be deemed given and received when the email is sent to
your email address on file with us. A notice that we give is deemed given even if it is intercepted by your
spam filter and not actually read. Unless otherwise specified in these Terms, all notices to us shall be sent
via email to humals@defendnature.com. Notices sent to us pursuant to any section of these Terms shall
be deemed duly served and effective only on actual receipt by us.
g. Assignment
We may assign these Terms, in whole or in part, to any person or entity at any time without your consent.
You may not assign these Terms without DNI’s prior written consent, and any unauthorized assignment
by you shall be automatically null and void. No assignment, transfer, delegation, or subcontract shall
relieve you of any of your obligations hereunder. These Terms are binding on and inure to the benefit of
the parties’ respective permitted successors and permitted assigns.
h. Severability; Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right
or provision. Except as expressly set forth herein, the exercise by either party of any of its remedies under
these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any
reason a court of competent jurisdiction
