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Thank you for your interest in Nebula Realms. Participation in Nebula Realms is subject to the terms of this agreement (“Terms of Use”) which forms a binding contract between you and XALOC STUDIOS S.L
End-User License Agreement (EULA) (Last updated: July 2021)
* Any content purchased in an in-game store will be purchased from Valve Corporation and be subject to Steam Terms of Service and User Agreement which is available on the Steam Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
1. Introduction
1.1 Nebula Realms is an online entertainment service owned and operated by XALOC STUDIOS S.L (“XALOC”, "us" or “we“). This End-User License Agreement (EULA) apply to all and any use, access and availability of Nebula Realms and related services.
1.2 T Nebula Realms is made available to use or download on third party platforms, which can include PSN, Steam, App Store, Google Play, Amazon Appstore or other third party websites which enable games to be hosted and played (“Platforms”)
1.3 Your use of Nebula Realms may require you to have a Platform account. Your access to the Nebula Realms will be linked to your Platform account and you are required to comply with the Platform policies to useNebula Realms, including for any payments.
1.4 Each time you access Nebula Realms you are telling us that you understand, accept and are able to accept this End-User License Agreement (EULA) agree to be bound by these terms and conditions and the terms of any of the Platforms (“Platform Terms”) , each as amended from time to time. If you do not accept or understand this End-User License Agreement (EULA) any of the Platform Terms you should not use or access Nebula Realms
1.5 If you are under the age of 17 years you must not access, play or use Nebula Realms
1.6 By using and accessing Nebula Realms you confirm that you have the necessary hardware and related software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. XALOC shall have no liability in relation to any hardware or related software or other services required to make use of Nebula Realms
2.Grant of Licence
2.1 Subject to this End-User License Agreement (EULA) and your compliance with it, XALOC grants you a non-exclusive, revocable right to store and use Nebula Realms for personal, non-commercial purposes in accordance with this End-User License Agreement (EULA) and the Platform Terms.
2.2 This licence includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of Nebula Realms
2.3 XALOC reserves the right to suspend or cancel Nebula Realms or your access to it at any time in our absolute discretion. If we believe that you are in breach of any of these terms of the End-User License Agreement (EULA), we may terminate your participation in Nebula Realms without paying any compensation to you.
2.4 You may not transfer, sub license or deal in this right without XALOC's prior written permission.
3.Intellectual Property Rights
3.1 This End-User License Agreement (EULA) and the rights granted by them do not give you any rights or permission for public performance of Nebula Realms
3.2 This End-User License Agreement (EULA) and the rights granted by them do not give you any title or rights of ownership in Nebula Realms and should not be deemed a sale or transfer of any copyright or other right.
3.3 Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in Nebula Realms belong to and vest in XALOC STUDIOS, or are licensed to us.
3.4 All intellectual property rights of XALOC are hereby asserted and reserved.
3.5 All third party trade names and trademarks are the property of their respective owners and XALOC makes no warranty or representation in relation to them.
3.6 XALOC does not claim or assert any right title or interest in any third party Communications.
4. Restrictions and Obligations
4.1 You agree to comply with this End-User License Agreement (EULA) and all rules applicable to the use of Nebula Realms.
4.2 You agree not to register any online ID, account name or user name which is abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene. We may alter or delete and online ID, account name or user name (including the corresponding user account) if we consider that online ID, account name or user name to be abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene.
4.3 Notwithstanding any other provision of this End-User License Agreement (EULA) you agree and undertake not to:
Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of Nebula Realms or any part of them;
Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in Nebula Realms;
Create software which mimics any data or functionality in Nebula Realms;
Use or deal in Nebula Realms except as permitted by this EULA;
Include contact details intended to enable communication outside of Nebula Realms, in any Communication;
Use your access to Nebula Realms, or information gathered from them, for the sending of unsolicited bulk email;
Make any public, business or commercial use of Nebula Realms or any part of it;
Provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to Nebula Realms without XALOC’s prior written permission;
Make the Nebula Realms or any part of it available to any third party;
Display, publish, copy, print, post or otherwise use Nebula Realms and the information contained therein for the benefit of any third party or web site;
Use or process Nebula Realms or any part of it unfairly or for any illegal or immoral purpose;
Delete or obscure any copyright or other proprietary notice on Nebula Realms.
4.4 You further agree that in connection with Nebula Realms you will not:
Organise hate groups or use or promote hate speech;
Cheat or engage in deceptive, fraudulent or misleading practices, including phishing for other users’ account details or unauthorised use of another user’s account or another person’s credit card or billing information;
Use any unauthorised hardware or software to access or use Nebula Realms or the Platforms or make, or distribute unauthorised software or hardware in conjunction with Nebula Realms (including but not limited to cheat code software or devices that circumvent any security features or limitations included on any software or devices);
Modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of Nebula Realms of any part thereof;
Bypass or attempt to bypass any user authentication systems or security feature;
Attempt to hack or reverse engineer any code or equipment in connection with Nebula Realms (unless permitted by applicable law);
Take any action that we consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming or otherwise transmitting unsolicited or unauthorised material, including junk mails, spam, excessive messages or chain letters;
Provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing false or inaccurate information during account registration;
Sell, buy, trade or otherwise transfer your online ID, your Platform account or your personal access to Nebula Realms or any content or services accessed via Nebula Realms, through any means or method, including use of web auction sites;
Use Nebula Realms in any way that harms Nebula Realms or any of affiliates, subsidiaries, licensors, service providers, partners or users;
Otherwise misuse Nebula Realms.
4.5 Nebula Realms may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of Nebula Realms and you expressly consent to XALOC monitoring your computer random access memory (or the random access memory of any other device used to access Nebula Realms) for said unauthorized third party programs.
5.Forums and Communications
5.1 “Communications” means any content, materials, postings, data, messages and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using Nebula Realms
5.2 Nebula Realms is entertainment service and ancillary to this XALOC is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content – for which it is a mere conduit.
5.3 The views expressed in any Communications are the views of the individual authors and not those of XALOC unless specified otherwise by XALOC.
5.4 XALOC is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
5.5 By using Nebula Realms you acknowledge that XALOC has no responsibility to review the content of any Communications and that all Communications are made available on the basis that XALOC is not required to and does not exercise any control or judgement of their content.
5.6 Notwithstanding the foregoing XALOC shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
5.7 You agree that XALOC may use, publish, edit, modify, record and adapt your Communications for any and all purposes relating to Nebula Realms and the business of XALOC and you hereby grant it an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for it to use your Communications in that way. You further waive all so called moral rights in your Communications. Any data collected in this way, including the content of your voice and text communications, the time and location of your activities, and your Platform profile and IP address, may be used by us to enforce this EULA and / or passed to the police or other appropriate authorities. By accepting this EULA or using Nebula Realms, you expressly consent to this.
5.8 You agree and undertake that you will not make any Communication or post to or transmit to or on Nebula Realms any statement or material, nor use Nebula Realms in any way, that:
Is unlawful or which gives rise to civil or criminal liability;
Promotes any illegal or unlawful activity;
Infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
Includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
Is abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene;
Harasses any person including but not limited to stalking or bullying;
Markets or promotes any third party;
Interferes with another user’s use and enjoyment of Nebula Realms;
Impersonates any moderator, administrator or any staff or other persons connected with XALOC;
Infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;
Includes restricted / password protected content or materials;
Exploits any other person;
Solicits passwords or personal information;
Provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone’s privacy, or providing or creating computer viruses;
Contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
Tries to gain unauthorized access to any computer, servers or any part of Nebula Realms including its servers, network and the computers of other users;
Tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of Nebula Realms;
Engages in or solicits commercial activities or sales without XALOC’s prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;
Refers to any material that is inappropriate;
Seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
Contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
Solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
5.9 If you discover any material which you believe contravenes this End-User License Agreement (EULA) please inform XALOC or a forum moderator with details of the page you found it on.
5.10 It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. XALOC has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site, online application. By using Nebula Realms and its services you accept that this is the case and accept that you therefore use Nebula Realms at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
5.11 You acknowledge and agree that, if necessary, XALOC will communicate with you via the email address you have provided to XALOC or through Platform. Notices that are applicable to all XALOC’s customers shall be made available on Nebula Realms or otherwise within the Nebula Realms or through Platform. You will be deemed to have received a notice at the time the message is sent or the time the notice is posted on our websites or within the Service.
6.Virtual Items
6.1 In Nebula Realms you may purchase a license to use virtual currency, including but not limited to virtual goods, services, virtual coins, cash, tokens, or points, all for use on or in Nebula Realms (“Virtual Items“).
6.2 When you place an order to purchase Virtual Items from Nebula Realms, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. XALOC keeps records of transactions in order to deal with any subsequent queries. When you purchase Platform credits from a Platform, you are agreeing to Platform’s payment terms. XALOC is not a party to this transaction.
6.3 For Virtual Items, your order will represent an offer to us to pay to expand the scope of the licence of Nebula Realms which will be accepted by us when we make the Virtual Items available in your account for you to use in Nebula Realms or debit your credit card, whichever comes first.
6.4 The provision of Virtual Items for use on Nebula Realms is a service provided by XALOC that commences immediately upon acceptance by XALOC of your offer to purchase a licence. By ordering Virtual Items you agree and accept that XALOC through Nebula Realms will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase a product or service through Nebula Realms, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period“). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.
7.In-Game Advertising
7.1 You acknowledge and agree that Nebula Realms may contain in-game advertising in accordance with the Nebula Realms Privacy Policy.
7.2 XALOC through Nebula Realms may provide links third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. XALOC makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from Nebula Realms, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of XALOC and may collect data or solicit personal information from you. XALOC is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of XALOC of these linked sites.
8.Liability
8.1 XALOC provides and maintains Nebula Realms for personal entertainment on an “as is” basis and is liable only to provide its services with reasonable skill and care.
8.2 External Sites have not been verified or reviewed by XALOC and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which Nebula Realms link.
8.3 XALOC gives no other warranty in connection with Nebula Realms and to the maximum extent permitted by law, XALOC excludes liability for:
Any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which XALOC has been made aware of;
The accuracy, currency or validity of information and material contained within any Communications Nebula Realms.
Any interruptions to or delays in updating Nebula Realms;
Any incorrect or inaccurate information on Nebula Realms;
The infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of Nebula Realms;
The availability, quality, content or nature of External Sites;
Any transaction involving External Sites;
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading Nebula Realms;
All representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
8.4 XALOC does not warrant that the operation of Nebula Realms will be uninterrupted or error free.
8.5 XALOC will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
8.6 Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
8.7 You agree that in relation to your use of Nebula Realms you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute Nebula Realms.
8.8 You agree that you are and shall remain responsible for maintaining the confidentiality of the password for accessing your Nebula Realms account or any relevant Platform and for all activities that occur under your account.
8.9 You hereby indemnify, defend and hold XALOC and XALOC’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising from your use of Nebula Realms, any Communications and any use of your membership account. You shall use your best efforts to cooperate with XALOC in the defence of any claim. XALOC reserves the right, at XALOC’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
9.Termination and Suspension
Without limiting to any other rights it may have XALOC may remove, restrict, cancel or suspend access to and use of Nebula Realms and any part of them, if it considers (in its sole discretion) that you have breached of any of this End-User License Agreement (EULA) if you are under 17 years old. Additionally we reserve the right to:
9.1 Cancel your Nebula Realms account if it has not been used for 18 months;
9.2 Bring legal action against you if you are in breach of this End-User License Agreement (EULA) and to participate in any government, criminal or private legal action or investigation relating to your conduct using Nebula Realms;
9.3 Temporarily or permanently discontinue Nebula Realms and any and all services and content available through Nebula Realms at any time, including for service maintenance and upgrades.
10. General
10.1 This End-User License Agreement (EULA) is subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit XALOC’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
10.2 All questions, comments or enquiries should be directed by email to support@xalocstudios.com
10.3 This EULA constitute the entire agreement between you and XALOC and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
10.4 Use of the word “including” in this EULA means including without limitation.
10.5 Failure to enforce any of this EULA will not be deemed a waiver of any term or right.
10.6 If any part of this EULA found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
10.7 Nebula Realms is intended for and directed at Spain and no representation or warranty is made as to whether Nebula Realms comply with the regulatory regime and local laws of any other country.
10.8 We may make changes to this EULA from time to time. Please check regularly to ensure that you are aware of any changes.
10.9 You will be notified of material changes by a posting as you sign in or otherwise access Nebula Realms or by email to your current email address as registered with us. Your continued use of Nebula Realms after any changes signifies your acceptance of these changes. If you do not accept material changes to this End-User License Agreement (EULA) you must stop using Nebula Realms.
10.10 We may assign our rights and obligations under this End-User License Agreement (EULA) without your consent provided that such assignment does not adversely affect your rights under this EULA.
11. Governing Law and Jurisdiction
To the extent permitted by applicable law, use of Nebula Realms and this EULA is subject to the laws of Spain which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use. To the extent permitted by applicable law, the contract between you and XALOC shall be deemed to have been formed and performed in Spain, shall be construed in accordance with the laws of Spain and you agree to submit to the exclusive jurisdiction of the Spanish courts.
12. Warranty and Disclaimer
12.1 Other than as set out in this End-User License Agreement (EULA), we give no warranty about the quality, functionality, availability, completeness, accuracy or performance of Nebula Realms or any content and services available via Nebula Realms. We do not guarantee Nebula Realms will always be available or error free and we assume no liability for your inability to licence any content, goods or services. We exclude all liability for loss of data or unauthorised access to data and for damage caused to your software or hardware as a result of using or accessing Nebula Realms. You are responsible for your Internet Service Provider fees and any other fees related to your use of Nebula Realms, including any increase in such fees resulting from your use of Nebula Realms.
12.2 If we are liable to you for failure to deliver content or services, our liability is limited either to re-providing the relevant content or service or (at our option) refunding the amount you paid for the content or service.
12.3 This EULA set out your sole and exclusive rights in connection with the Nebula Realms. This EULA and the above limitations, exclusions and disclaimers apply to the maximum extent permitted by applicable law. However you may have other legal rights as a consumer which are not affected by this EULA.
13. Contact XALOC
All questions, comments or enquiries should be directed to XALOC at support@xalocstudios.com
XALOC STUDIOS S.L
Registered company number: B57933046
Code of Conduct (Last updated: July 2021)
1.Introduction
1.1 Nebula Realms is an online entertainment service owned and operated by XALOC STUDIOS S.L (“XALOC”, "us" or “we“). This Code of Conduct (“CoC”) applies to all and any use, access and availability of Nebula Realms and related services.
1.2 You agree not to access or use Nebula Realms for any purpose that is unlawful or prohibited by this CoC, the applicable terms and conditions and privacy policies, and any other condition or notice otherwise applicable to Nebula Realms . The CoC is designed to make everyone’s experience as enjoyable as possible and to provide guidance about what is expected from you as a participant in Nebula Realms virtual universe.
1.3 The applicable terms and conditions, privacy policies and this CoC provide XALOC with complete control over the universe it created and, as a result, XALOC has final say over what constitutes acceptable behaviour. While this CoC is comprehensive, it does not address every possible situation. When in doubt, use good sense and try to be a good virtual citizen. Failure to comply with the applicable terms and conditions, privacy policies or this CoC or any other rule – written or unwritten – may result in the suspension, termination and/or deletion of your account without refund. XALOC may log and review all communications from in Nebula Realms at any time to assist in making decisions regarding violations of the applicable terms and conditions, privacy policies or this CoC.
2. Conduct Requirements
You must comply with the following requirements when using Nebula Realms :
2.1 You will follow the instructions of authorized XALOC representatives at all times while participating in or otherwise accessing or using Nebula Realms.
2.2 You will respect the rights of others to play and enjoy Nebula Realms and associated features of Nebula Realms as intended by XALOC.
2.3 You will not access or use Nebula Realms to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as rights of privacy and publicity).
2.4 You will not access or use Nebula Realms to publish, post, upload, transmit, distribute, disseminate or spotlight content that is harmful, abusive, threatening, vulgar, sexually explicit, defamatory, libellous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, or ethnically offensive (such as ethnic slurs and religious epithets) or, in a reasonable person’s view, otherwise offensive or objectionable (such as offensive or objectionable Nebula Realms names, space names, games, pet names, in-application labels, titles, descriptions, status updates or inscriptions).
2.5 You will not access or use Nebula Realms to form or participate in groups that discriminate against, or support discrimination against, anyone based on their race, ethnicity, religion, sexual preference, or gender.
2.6 You will not communicate any user’s real-world information through Nebula Realms or any other means without that user’s express permission.
2.7 You will not access or use Nebula Realms to access, upload, transmit, distribute or otherwise make available any content, including sounds, music, images, videos or photographs, in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
2.8 You will not falsify, delete or disable any copyright or other rights management mechanism, information, legal or other notices, such as author attributions, proprietary designations or labels of the origin or source of any Content.
2.9 You will not upload, post or use files, web site links, URLs or other software, programs, information or materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, destructive features, corrupted files or data, or any other similar software, programs, information or materials that could damage, disrupt or harm (or is designed to damage, disrupt or harm) the operation of Nebula Realms or any other user’s or third party’s computer, network, equipment, software or web site (including, without limitation, the use of scrolling, showing multiple screens, or other activities that can be disruptive to online communication) or that could allow (or is designed to allow) any person to inappropriately access any computer, network, equipment, software or web site.
2.10 You will not access or use Nebula Realms to conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise).
2.11 You will not post any web site links or URLs for commercial products or services or otherwise market, promote, advertise, solicit or offer to buy or sell any products or services within Nebula Realms for any purpose except as expressly authorized by XALOC in writing. Plug-ins may not be sold, either for real money, in-application (virtual) currency or in-application services, or include advertising or in any way offer or solicit services or donations.
2.12 You will not exhibit or partake in any behaviour that degrades service performance or is disruptive to the useability of Nebula Realms or the normal functionality of Nebula Realms, causes grief, aggravation or alarm to other users, or otherwise restricts or inhibits any other user from using and enjoying Nebula Realms (for example, deliberately using bugs or loopholes, developing or distributing dysfunctional or malicious Plug-ins, dropping excessive items or summoning excessive portals to disrupt a Service, or disrupting the flow of chat in chat rooms with vulgar or abusive language, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, flooding [continuous posting repetitive text], “spamming,” or excessive SHOUTING (all caps) in an attempt to disturb other users).
2.13 You will not harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses.
2.14 You will not create a false identity or impersonate any other person or entity past or present (such as a XALOC representative or a celebrity) for the purpose of misleading others.
2.15 You will not attempt to obtain any account information, password, or other private information from any other user of Nebula Realms.
2.16 You will not use in-application support or complaint buttons to make false reports to XALOC administrators.
2.17 You will not use any communications services or other aspects of Nebula Realms in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
2.18 You will not hide or falsify personal information provided to XALOC in connection with your account.
2.19 You will not conduct or facilitate any fraudulent transactions, including without limitation fraudulent or unauthorized in-application virtual transactions.
2.20 You will not take any action or otherwise use Nebula Realms in any manner which imposes an unreasonable or disproportionately large load on our servers or other infrastructure or that could damage, disable, overburden or impair any XALOC server, or any network or equipment connected to any XALOC server, or interfere with any other party’s use and enjoyment of Nebula Realms.
2.21 You may not use a single Account to play more than one character at a time.
2.22 You will not attempt to gain unauthorized access to Nebula Realms or any services, accounts, computer systems or networks connected to any XALOC server, through hacking, password mining or any other means.
2.23 You will not use, exploit, distribute to others or publicly communicate any errors in design, undocumented features, miscues, “glitches” or bugs, and you will promptly report to XALOC your discovery of any such issue either via the support system or at the following email address:
support@xalocstudios.com
2.24 You will not “farm” in-application items, points or other Service content (i.e. playing a Service primarily for purposes of amassing an inventory of in-application items or virtual currency) for real-world commercial gain.
2.25 You will not engage in, and will not advertise or facilitate, the unauthorized sale, purchase, transfer or sharing of access to any account, Plug-in, or Service items for real-world money or other consideration.
2.26 You agree that “role-playing” will not constitute a defence to any violation of the CoC or any other agreement.
2.27 A player who violates this CoC may be warned by XALOC staff or have temporary sanctions imposed against their account. Some particularly serious violations or repeated violations can result in other sanctions, such as a permanent ban without warning. In addition, XALOC reserves the right to delete Nebula Realms, characters, content or entire accounts as we see fit, without warning, for certain violations.
2.28 Chat (text and voice) in Nebula Realms and Service Website may be logged and may be reviewed at any time and for any reason, including, without limitation, to assist in making decisions regarding violations of the CoC. This includes, but is not limited to, private chat, group chat, my space, mails and contact sms messages.
Privacy and Cookies Policy
(Last updated: May 2016)
1. Introduction
1.1 XALOC STUDIOS S.L (“XALOC”, "us" or “we“) is committed to protecting the privacy rights of our users (“users” or “you“). The purpose of this Privacy Policy is to inform you about how we obtain, store, use, and manage information gathered as a result of your use of Nebula Realms applications and related services. This Privacy Policy is applicable only to information gathered from your use of Nebula Realms.
1.2 By using Nebula Realms, you are agreeing to the gathering and use of the personal information by XALOC as outlined in this Privacy Policy. The XALOC Privacy Policy may be amended from time to time. Your continued use of Nebula Realms constitutes acceptance of any revised terms.
1.3 Nebula Realms may be available to use or download on third party platforms, which include the App Store, Google Play Amazon Appstore or other third party websites which enable games to be hosted and played (“Platforms”).
2. Minors
Please note that our site and the service available on it are not aimed at those under the age of 17, and you should not use Nebula Realms if you are a under the age of 17.
3. How Information is Collected and Used
3.1 The user information gathered as a result of using Nebula Realms is primarily used to provide you a better user experience when using Nebula Realms and ensure that you comply with any terms of use. By installing, playing or and allowing Nebula Realms to access information about you, you are granting Nebula Realms permission to gather and use the user information made available to Nebula Realms directly or via the Platforms. We will use any such information in accordance with this XALOC Privacy Policy and any policies of the Platforms.
3.2 “Personal information” is defined as information that can be used to identify or contact you (e.g. name, Platform ID, or email address). Personal information can be gathered via the use of Nebula Realms, a customer service response conveyed to XALOC, participation in Nebula Realms forums or message boards, the purchase of a virtual good offered by or through Nebula Realms or any use of the Platforms. This may include but is not limited to your date-of-birth, gender, country of origin, language spoken, friends and acquaintances on any of the Platforms, game/application level achieved, high score(s) achieved, and other achievements maybe also be captured, stored, and used.
3.3 Additionally, aggregated information about Nebula Realms usage can be collected and used for the purposes of improving all XALOC applications or for research and analysis.
3.4 Any information that is shared with other players within Nebula Realms or through participation in the message board or forums (including any information shared through the Platforms) is considered public and is shared at your own discretion. XALOC has no control over the use or dissemination of information that you share.
3.5 The user information provided to XALOC will not be sold, leased, loaned, disclosed, distributed, or voluntarily provided to non-affiliated third parties without your permission. XALOC may employ third parties to provide aspects of Nebula Realms, including processing payments or displaying advertisement offers. Any information provided by you to any such third party, which may include but is not limited to credit card information and other similar financial information and billing address information (“financial information“), will be the responsibility of that third party. This is because XALOC does not have access to any of this financial information provided to the third parties. You should review the terms and conditions of that third party.
4.Personal Information
By using Nebula Realms, you understand the information that is collected and used may be disclosed to governmental or law enforcement agencies if XALOC is required to do so by law or if XALOC believes in the good faith that disclosing the information is reasonably necessary to avoid liability, to comply with legal processes, which may include but are not limited to court orders, search warrants, subpoenas, or statutes, or to protect XALOC’s own personal rights and property, or that of the public. XALOC is not required to question or contest the purpose or validity of a legal process.
5.Marketing
5.1 We will give you a choice of whether or not you want XALOC or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful. We will not sell or trade personal information to other companies but we would like to keep you informed of developments and certain XALOC applications and we would like to share data with other reputable companies who may have interesting offers and information for you (inside or outside the EU).
5.2 We will not send you any marketing emails or pass your information on to third parties unless you give your consent or you have given it already.
5.3 You can opt out of this marketing at any stage by notifying us at support@xalocstudios.com
6. Change of Ownership
In the event that there is a change in the majority ownership of XALOC (e.g. sale, merger, acquisition, bankruptcy, etc.) we reserve the right to transfer your user information to the new owner or assignee in accordance with applicable law. In such an event, users will be notified of the transfer of user information to the best of XALOC’s abilities and users will be subject to any changes in privacy policy.
7. IP Addresses and Cookies
7.1 We use analytics to collect and store anonymous statistical data about our users’ downloading or use of Nebula Realms.
7.2 We and the Platforms may also collect information about your computer, mobile phone (or other portable or static device used to access Nebula Realms) (“device“) including where available your IP address, operating system, session_id, login, screen name and browser type, for system administration and to report aggregate information to our partners and if necessary our advertisers.
7.3 We may obtain information about your general internet usage by using a cookie file and/or similar tools which are stored on the hard drive of your device. Cookies contain information that is transferred to your device’s hard drive to report back anonymous data to us. They help us to improve our site and to deliver a better and more personalised service.
7.4 Nebula Realms may use the following cookies or other similar tracking technology (“cookies“).
Session cookies
These remember what you have put in your basket and enable you to use the checkout to make your purchase on Nebula Realms. Without these essential session cookies we would not be able to provide you with the ability to make the purchase on Nebula Realms.
Session cookies are not used to gather information to advertise products or services to you.
Analytics Cookies
We use analytics cookies to help us to analyse how users use Nebula Realms. They count the number of users and tell us things about their behaviour overall, such as typical length of play or the average number of games a user plays.
This information generated by the cookie about your use of our site may be transmitted to and stored to third party service providers on their servers. Those third party service providers will use this information for the purpose of evaluating your use of Nebula Realms, compiling reports on user activity and providing other services relating to users activity.
7.5 Generally, cookies may be used to enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise Nebula Realms according to your individual interests and provide a more personalised experience to you.
To speed up your use of Nebula Realms.
To recognise you when you return to any Nebula Realms.
7.6 Some third party cookies are set by services that appear on Nebula Realms. They are set by the operators of that service and are not in our control. They are set by Twitter, Facebook, YouTube, Google+ and other third party services and relate to the ability of users to share content on Nebula Realms.
7.7 You may refuse to accept cookies by activating the setting on your browser or device which allows you to refuse the setting of cookies.
7.8 By using or continuing to use Nebula Realms you give your pre-informed consent to us using cookies on your visit. If you subsequently wish to revoke this consent, you must activate the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of Nebula Realms. Unless you have adjusted your browser or device settings so that it will refuse cookies, our system may issue cookies when you use Nebula Realms.
7.9 If you want to learn more about cookies you can do so at www.allaboutcookies.org
8. Security
XALOC has established reasonable technical and organizational measures to protect your personal information from accidental loss and unauthorized access and usage. However, we cannot guarantee that third parties will not breach these measures and gain access to your Personal Information nor can we guarantee that, in the event of a breach your personal information will not be used in an improper manner by another party.
9. Changing/Deleting Information
Any personal information that you convey to XALOC can be reviewed, updated, corrected, or deleted by modifying the affected personal information from your Platform account. By deleting information from your Platform account, you may in effect deactivate your Nebula Realms account. We have no obligation to restore an account once deleted.
10. Contact
If you have any questions about this Privacy Policy, please contact us at support@xalocstudios.com
End-User License Agreement (EULA) (Last updated: July 2021)
* Any content purchased in an in-game store will be purchased from Valve Corporation and be subject to Steam Terms of Service and User Agreement which is available on the Steam Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
1. Introduction
1.1 Nebula Realms is an online entertainment service owned and operated by XALOC STUDIOS S.L (“XALOC”, "us" or “we“). This End-User License Agreement (EULA) apply to all and any use, access and availability of Nebula Realms and related services.
1.2 T Nebula Realms is made available to use or download on third party platforms, which can include PSN, Steam, App Store, Google Play, Amazon Appstore or other third party websites which enable games to be hosted and played (“Platforms”)
1.3 Your use of Nebula Realms may require you to have a Platform account. Your access to the Nebula Realms will be linked to your Platform account and you are required to comply with the Platform policies to useNebula Realms, including for any payments.
1.4 Each time you access Nebula Realms you are telling us that you understand, accept and are able to accept this End-User License Agreement (EULA) agree to be bound by these terms and conditions and the terms of any of the Platforms (“Platform Terms”) , each as amended from time to time. If you do not accept or understand this End-User License Agreement (EULA) any of the Platform Terms you should not use or access Nebula Realms
1.5 If you are under the age of 17 years you must not access, play or use Nebula Realms
1.6 By using and accessing Nebula Realms you confirm that you have the necessary hardware and related software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. XALOC shall have no liability in relation to any hardware or related software or other services required to make use of Nebula Realms
2.Grant of Licence
2.1 Subject to this End-User License Agreement (EULA) and your compliance with it, XALOC grants you a non-exclusive, revocable right to store and use Nebula Realms for personal, non-commercial purposes in accordance with this End-User License Agreement (EULA) and the Platform Terms.
2.2 This licence includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of Nebula Realms
2.3 XALOC reserves the right to suspend or cancel Nebula Realms or your access to it at any time in our absolute discretion. If we believe that you are in breach of any of these terms of the End-User License Agreement (EULA), we may terminate your participation in Nebula Realms without paying any compensation to you.
2.4 You may not transfer, sub license or deal in this right without XALOC's prior written permission.
3.Intellectual Property Rights
3.1 This End-User License Agreement (EULA) and the rights granted by them do not give you any rights or permission for public performance of Nebula Realms
3.2 This End-User License Agreement (EULA) and the rights granted by them do not give you any title or rights of ownership in Nebula Realms and should not be deemed a sale or transfer of any copyright or other right.
3.3 Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in Nebula Realms belong to and vest in XALOC STUDIOS, or are licensed to us.
3.4 All intellectual property rights of XALOC are hereby asserted and reserved.
3.5 All third party trade names and trademarks are the property of their respective owners and XALOC makes no warranty or representation in relation to them.
3.6 XALOC does not claim or assert any right title or interest in any third party Communications.
4. Restrictions and Obligations
4.1 You agree to comply with this End-User License Agreement (EULA) and all rules applicable to the use of Nebula Realms.
4.2 You agree not to register any online ID, account name or user name which is abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene. We may alter or delete and online ID, account name or user name (including the corresponding user account) if we consider that online ID, account name or user name to be abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene.
4.3 Notwithstanding any other provision of this End-User License Agreement (EULA) you agree and undertake not to:
Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of Nebula Realms or any part of them;
Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in Nebula Realms;
Create software which mimics any data or functionality in Nebula Realms;
Use or deal in Nebula Realms except as permitted by this EULA;
Include contact details intended to enable communication outside of Nebula Realms, in any Communication;
Use your access to Nebula Realms, or information gathered from them, for the sending of unsolicited bulk email;
Make any public, business or commercial use of Nebula Realms or any part of it;
Provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to Nebula Realms without XALOC’s prior written permission;
Make the Nebula Realms or any part of it available to any third party;
Display, publish, copy, print, post or otherwise use Nebula Realms and the information contained therein for the benefit of any third party or web site;
Use or process Nebula Realms or any part of it unfairly or for any illegal or immoral purpose;
Delete or obscure any copyright or other proprietary notice on Nebula Realms.
4.4 You further agree that in connection with Nebula Realms you will not:
Organise hate groups or use or promote hate speech;
Cheat or engage in deceptive, fraudulent or misleading practices, including phishing for other users’ account details or unauthorised use of another user’s account or another person’s credit card or billing information;
Use any unauthorised hardware or software to access or use Nebula Realms or the Platforms or make, or distribute unauthorised software or hardware in conjunction with Nebula Realms (including but not limited to cheat code software or devices that circumvent any security features or limitations included on any software or devices);
Modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of Nebula Realms of any part thereof;
Bypass or attempt to bypass any user authentication systems or security feature;
Attempt to hack or reverse engineer any code or equipment in connection with Nebula Realms (unless permitted by applicable law);
Take any action that we consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming or otherwise transmitting unsolicited or unauthorised material, including junk mails, spam, excessive messages or chain letters;
Provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing false or inaccurate information during account registration;
Sell, buy, trade or otherwise transfer your online ID, your Platform account or your personal access to Nebula Realms or any content or services accessed via Nebula Realms, through any means or method, including use of web auction sites;
Use Nebula Realms in any way that harms Nebula Realms or any of affiliates, subsidiaries, licensors, service providers, partners or users;
Otherwise misuse Nebula Realms.
4.5 Nebula Realms may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of Nebula Realms and you expressly consent to XALOC monitoring your computer random access memory (or the random access memory of any other device used to access Nebula Realms) for said unauthorized third party programs.
5.Forums and Communications
5.1 “Communications” means any content, materials, postings, data, messages and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using Nebula Realms
5.2 Nebula Realms is entertainment service and ancillary to this XALOC is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content – for which it is a mere conduit.
5.3 The views expressed in any Communications are the views of the individual authors and not those of XALOC unless specified otherwise by XALOC.
5.4 XALOC is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
5.5 By using Nebula Realms you acknowledge that XALOC has no responsibility to review the content of any Communications and that all Communications are made available on the basis that XALOC is not required to and does not exercise any control or judgement of their content.
5.6 Notwithstanding the foregoing XALOC shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
5.7 You agree that XALOC may use, publish, edit, modify, record and adapt your Communications for any and all purposes relating to Nebula Realms and the business of XALOC and you hereby grant it an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for it to use your Communications in that way. You further waive all so called moral rights in your Communications. Any data collected in this way, including the content of your voice and text communications, the time and location of your activities, and your Platform profile and IP address, may be used by us to enforce this EULA and / or passed to the police or other appropriate authorities. By accepting this EULA or using Nebula Realms, you expressly consent to this.
5.8 You agree and undertake that you will not make any Communication or post to or transmit to or on Nebula Realms any statement or material, nor use Nebula Realms in any way, that:
Is unlawful or which gives rise to civil or criminal liability;
Promotes any illegal or unlawful activity;
Infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
Includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
Is abusive, threatening, pornographic, defamatory, discriminatory or ethically, sexually or religiously offensive or obscene;
Harasses any person including but not limited to stalking or bullying;
Markets or promotes any third party;
Interferes with another user’s use and enjoyment of Nebula Realms;
Impersonates any moderator, administrator or any staff or other persons connected with XALOC;
Infringes upon or violates any third party’s rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person’s name, e-mail address, physical address or phone number, and/or rights of publicity;
Includes restricted / password protected content or materials;
Exploits any other person;
Solicits passwords or personal information;
Provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone’s privacy, or providing or creating computer viruses;
Contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
Tries to gain unauthorized access to any computer, servers or any part of Nebula Realms including its servers, network and the computers of other users;
Tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of Nebula Realms;
Engages in or solicits commercial activities or sales without XALOC’s prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;
Refers to any material that is inappropriate;
Seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
Contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
Solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
5.9 If you discover any material which you believe contravenes this End-User License Agreement (EULA) please inform XALOC or a forum moderator with details of the page you found it on.
5.10 It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. XALOC has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site, online application. By using Nebula Realms and its services you accept that this is the case and accept that you therefore use Nebula Realms at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
5.11 You acknowledge and agree that, if necessary, XALOC will communicate with you via the email address you have provided to XALOC or through Platform. Notices that are applicable to all XALOC’s customers shall be made available on Nebula Realms or otherwise within the Nebula Realms or through Platform. You will be deemed to have received a notice at the time the message is sent or the time the notice is posted on our websites or within the Service.
6.Virtual Items
6.1 In Nebula Realms you may purchase a license to use virtual currency, including but not limited to virtual goods, services, virtual coins, cash, tokens, or points, all for use on or in Nebula Realms (“Virtual Items“).
6.2 When you place an order to purchase Virtual Items from Nebula Realms, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. XALOC keeps records of transactions in order to deal with any subsequent queries. When you purchase Platform credits from a Platform, you are agreeing to Platform’s payment terms. XALOC is not a party to this transaction.
6.3 For Virtual Items, your order will represent an offer to us to pay to expand the scope of the licence of Nebula Realms which will be accepted by us when we make the Virtual Items available in your account for you to use in Nebula Realms or debit your credit card, whichever comes first.
6.4 The provision of Virtual Items for use on Nebula Realms is a service provided by XALOC that commences immediately upon acceptance by XALOC of your offer to purchase a licence. By ordering Virtual Items you agree and accept that XALOC through Nebula Realms will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase a product or service through Nebula Realms, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period“). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.
7.In-Game Advertising
7.1 You acknowledge and agree that Nebula Realms may contain in-game advertising in accordance with the Nebula Realms Privacy Policy.
7.2 XALOC through Nebula Realms may provide links third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. XALOC makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from Nebula Realms, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of XALOC and may collect data or solicit personal information from you. XALOC is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of XALOC of these linked sites.
8.Liability
8.1 XALOC provides and maintains Nebula Realms for personal entertainment on an “as is” basis and is liable only to provide its services with reasonable skill and care.
8.2 External Sites have not been verified or reviewed by XALOC and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which Nebula Realms link.
8.3 XALOC gives no other warranty in connection with Nebula Realms and to the maximum extent permitted by law, XALOC excludes liability for:
Any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which XALOC has been made aware of;
The accuracy, currency or validity of information and material contained within any Communications Nebula Realms.
Any interruptions to or delays in updating Nebula Realms;
Any incorrect or inaccurate information on Nebula Realms;
The infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of Nebula Realms;
The availability, quality, content or nature of External Sites;
Any transaction involving External Sites;
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading Nebula Realms;
All representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
8.4 XALOC does not warrant that the operation of Nebula Realms will be uninterrupted or error free.
8.5 XALOC will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
8.6 Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
8.7 You agree that in relation to your use of Nebula Realms you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute Nebula Realms.
8.8 You agree that you are and shall remain responsible for maintaining the confidentiality of the password for accessing your Nebula Realms account or any relevant Platform and for all activities that occur under your account.
8.9 You hereby indemnify, defend and hold XALOC and XALOC’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties“) harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising from your use of Nebula Realms, any Communications and any use of your membership account. You shall use your best efforts to cooperate with XALOC in the defence of any claim. XALOC reserves the right, at XALOC’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
9.Termination and Suspension
Without limiting to any other rights it may have XALOC may remove, restrict, cancel or suspend access to and use of Nebula Realms and any part of them, if it considers (in its sole discretion) that you have breached of any of this End-User License Agreement (EULA) if you are under 17 years old. Additionally we reserve the right to:
9.1 Cancel your Nebula Realms account if it has not been used for 18 months;
9.2 Bring legal action against you if you are in breach of this End-User License Agreement (EULA) and to participate in any government, criminal or private legal action or investigation relating to your conduct using Nebula Realms;
9.3 Temporarily or permanently discontinue Nebula Realms and any and all services and content available through Nebula Realms at any time, including for service maintenance and upgrades.
10. General
10.1 This End-User License Agreement (EULA) is subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit XALOC’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
10.2 All questions, comments or enquiries should be directed by email to support@xalocstudios.com
10.3 This EULA constitute the entire agreement between you and XALOC and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
10.4 Use of the word “including” in this EULA means including without limitation.
10.5 Failure to enforce any of this EULA will not be deemed a waiver of any term or right.
10.6 If any part of this EULA found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
10.7 Nebula Realms is intended for and directed at Spain and no representation or warranty is made as to whether Nebula Realms comply with the regulatory regime and local laws of any other country.
10.8 We may make changes to this EULA from time to time. Please check regularly to ensure that you are aware of any changes.
10.9 You will be notified of material changes by a posting as you sign in or otherwise access Nebula Realms or by email to your current email address as registered with us. Your continued use of Nebula Realms after any changes signifies your acceptance of these changes. If you do not accept material changes to this End-User License Agreement (EULA) you must stop using Nebula Realms.
10.10 We may assign our rights and obligations under this End-User License Agreement (EULA) without your consent provided that such assignment does not adversely affect your rights under this EULA.
11. Governing Law and Jurisdiction
To the extent permitted by applicable law, use of Nebula Realms and this EULA is subject to the laws of Spain which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use. To the extent permitted by applicable law, the contract between you and XALOC shall be deemed to have been formed and performed in Spain, shall be construed in accordance with the laws of Spain and you agree to submit to the exclusive jurisdiction of the Spanish courts.
12. Warranty and Disclaimer
12.1 Other than as set out in this End-User License Agreement (EULA), we give no warranty about the quality, functionality, availability, completeness, accuracy or performance of Nebula Realms or any content and services available via Nebula Realms. We do not guarantee Nebula Realms will always be available or error free and we assume no liability for your inability to licence any content, goods or services. We exclude all liability for loss of data or unauthorised access to data and for damage caused to your software or hardware as a result of using or accessing Nebula Realms. You are responsible for your Internet Service Provider fees and any other fees related to your use of Nebula Realms, including any increase in such fees resulting from your use of Nebula Realms.
12.2 If we are liable to you for failure to deliver content or services, our liability is limited either to re-providing the relevant content or service or (at our option) refunding the amount you paid for the content or service.
12.3 This EULA set out your sole and exclusive rights in connection with the Nebula Realms. This EULA and the above limitations, exclusions and disclaimers apply to the maximum extent permitted by applicable law. However you may have other legal rights as a consumer which are not affected by this EULA.
13. Contact XALOC
All questions, comments or enquiries should be directed to XALOC at support@xalocstudios.com
XALOC STUDIOS S.L
Registered company number: B57933046
Code of Conduct (Last updated: July 2021)
1.Introduction
1.1 Nebula Realms is an online entertainment service owned and operated by XALOC STUDIOS S.L (“XALOC”, "us" or “we“). This Code of Conduct (“CoC”) applies to all and any use, access and availability of Nebula Realms and related services.
1.2 You agree not to access or use Nebula Realms for any purpose that is unlawful or prohibited by this CoC, the applicable terms and conditions and privacy policies, and any other condition or notice otherwise applicable to Nebula Realms . The CoC is designed to make everyone’s experience as enjoyable as possible and to provide guidance about what is expected from you as a participant in Nebula Realms virtual universe.
1.3 The applicable terms and conditions, privacy policies and this CoC provide XALOC with complete control over the universe it created and, as a result, XALOC has final say over what constitutes acceptable behaviour. While this CoC is comprehensive, it does not address every possible situation. When in doubt, use good sense and try to be a good virtual citizen. Failure to comply with the applicable terms and conditions, privacy policies or this CoC or any other rule – written or unwritten – may result in the suspension, termination and/or deletion of your account without refund. XALOC may log and review all communications from in Nebula Realms at any time to assist in making decisions regarding violations of the applicable terms and conditions, privacy policies or this CoC.
2. Conduct Requirements
You must comply with the following requirements when using Nebula Realms :
2.1 You will follow the instructions of authorized XALOC representatives at all times while participating in or otherwise accessing or using Nebula Realms.
2.2 You will respect the rights of others to play and enjoy Nebula Realms and associated features of Nebula Realms as intended by XALOC.
2.3 You will not access or use Nebula Realms to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as rights of privacy and publicity).
2.4 You will not access or use Nebula Realms to publish, post, upload, transmit, distribute, disseminate or spotlight content that is harmful, abusive, threatening, vulgar, sexually explicit, defamatory, libellous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, or ethnically offensive (such as ethnic slurs and religious epithets) or, in a reasonable person’s view, otherwise offensive or objectionable (such as offensive or objectionable Nebula Realms names, space names, games, pet names, in-application labels, titles, descriptions, status updates or inscriptions).
2.5 You will not access or use Nebula Realms to form or participate in groups that discriminate against, or support discrimination against, anyone based on their race, ethnicity, religion, sexual preference, or gender.
2.6 You will not communicate any user’s real-world information through Nebula Realms or any other means without that user’s express permission.
2.7 You will not access or use Nebula Realms to access, upload, transmit, distribute or otherwise make available any content, including sounds, music, images, videos or photographs, in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
2.8 You will not falsify, delete or disable any copyright or other rights management mechanism, information, legal or other notices, such as author attributions, proprietary designations or labels of the origin or source of any Content.
2.9 You will not upload, post or use files, web site links, URLs or other software, programs, information or materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, destructive features, corrupted files or data, or any other similar software, programs, information or materials that could damage, disrupt or harm (or is designed to damage, disrupt or harm) the operation of Nebula Realms or any other user’s or third party’s computer, network, equipment, software or web site (including, without limitation, the use of scrolling, showing multiple screens, or other activities that can be disruptive to online communication) or that could allow (or is designed to allow) any person to inappropriately access any computer, network, equipment, software or web site.
2.10 You will not access or use Nebula Realms to conduct or send surveys, contests, pyramid schemes, chain letters, junk email, spam or any duplicative or unsolicited messages (commercial or otherwise).
2.11 You will not post any web site links or URLs for commercial products or services or otherwise market, promote, advertise, solicit or offer to buy or sell any products or services within Nebula Realms for any purpose except as expressly authorized by XALOC in writing. Plug-ins may not be sold, either for real money, in-application (virtual) currency or in-application services, or include advertising or in any way offer or solicit services or donations.
2.12 You will not exhibit or partake in any behaviour that degrades service performance or is disruptive to the useability of Nebula Realms or the normal functionality of Nebula Realms, causes grief, aggravation or alarm to other users, or otherwise restricts or inhibits any other user from using and enjoying Nebula Realms (for example, deliberately using bugs or loopholes, developing or distributing dysfunctional or malicious Plug-ins, dropping excessive items or summoning excessive portals to disrupt a Service, or disrupting the flow of chat in chat rooms with vulgar or abusive language, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, flooding [continuous posting repetitive text], “spamming,” or excessive SHOUTING (all caps) in an attempt to disturb other users).
2.13 You will not harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses.
2.14 You will not create a false identity or impersonate any other person or entity past or present (such as a XALOC representative or a celebrity) for the purpose of misleading others.
2.15 You will not attempt to obtain any account information, password, or other private information from any other user of Nebula Realms.
2.16 You will not use in-application support or complaint buttons to make false reports to XALOC administrators.
2.17 You will not use any communications services or other aspects of Nebula Realms in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
2.18 You will not hide or falsify personal information provided to XALOC in connection with your account.
2.19 You will not conduct or facilitate any fraudulent transactions, including without limitation fraudulent or unauthorized in-application virtual transactions.
2.20 You will not take any action or otherwise use Nebula Realms in any manner which imposes an unreasonable or disproportionately large load on our servers or other infrastructure or that could damage, disable, overburden or impair any XALOC server, or any network or equipment connected to any XALOC server, or interfere with any other party’s use and enjoyment of Nebula Realms.
2.21 You may not use a single Account to play more than one character at a time.
2.22 You will not attempt to gain unauthorized access to Nebula Realms or any services, accounts, computer systems or networks connected to any XALOC server, through hacking, password mining or any other means.
2.23 You will not use, exploit, distribute to others or publicly communicate any errors in design, undocumented features, miscues, “glitches” or bugs, and you will promptly report to XALOC your discovery of any such issue either via the support system or at the following email address:
support@xalocstudios.com
2.24 You will not “farm” in-application items, points or other Service content (i.e. playing a Service primarily for purposes of amassing an inventory of in-application items or virtual currency) for real-world commercial gain.
2.25 You will not engage in, and will not advertise or facilitate, the unauthorized sale, purchase, transfer or sharing of access to any account, Plug-in, or Service items for real-world money or other consideration.
2.26 You agree that “role-playing” will not constitute a defence to any violation of the CoC or any other agreement.
2.27 A player who violates this CoC may be warned by XALOC staff or have temporary sanctions imposed against their account. Some particularly serious violations or repeated violations can result in other sanctions, such as a permanent ban without warning. In addition, XALOC reserves the right to delete Nebula Realms, characters, content or entire accounts as we see fit, without warning, for certain violations.
2.28 Chat (text and voice) in Nebula Realms and Service Website may be logged and may be reviewed at any time and for any reason, including, without limitation, to assist in making decisions regarding violations of the CoC. This includes, but is not limited to, private chat, group chat, my space, mails and contact sms messages.
Privacy and Cookies Policy
(Last updated: May 2016)
1. Introduction
1.1 XALOC STUDIOS S.L (“XALOC”, "us" or “we“) is committed to protecting the privacy rights of our users (“users” or “you“). The purpose of this Privacy Policy is to inform you about how we obtain, store, use, and manage information gathered as a result of your use of Nebula Realms applications and related services. This Privacy Policy is applicable only to information gathered from your use of Nebula Realms.
1.2 By using Nebula Realms, you are agreeing to the gathering and use of the personal information by XALOC as outlined in this Privacy Policy. The XALOC Privacy Policy may be amended from time to time. Your continued use of Nebula Realms constitutes acceptance of any revised terms.
1.3 Nebula Realms may be available to use or download on third party platforms, which include the App Store, Google Play Amazon Appstore or other third party websites which enable games to be hosted and played (“Platforms”).
2. Minors
Please note that our site and the service available on it are not aimed at those under the age of 17, and you should not use Nebula Realms if you are a under the age of 17.
3. How Information is Collected and Used
3.1 The user information gathered as a result of using Nebula Realms is primarily used to provide you a better user experience when using Nebula Realms and ensure that you comply with any terms of use. By installing, playing or and allowing Nebula Realms to access information about you, you are granting Nebula Realms permission to gather and use the user information made available to Nebula Realms directly or via the Platforms. We will use any such information in accordance with this XALOC Privacy Policy and any policies of the Platforms.
3.2 “Personal information” is defined as information that can be used to identify or contact you (e.g. name, Platform ID, or email address). Personal information can be gathered via the use of Nebula Realms, a customer service response conveyed to XALOC, participation in Nebula Realms forums or message boards, the purchase of a virtual good offered by or through Nebula Realms or any use of the Platforms. This may include but is not limited to your date-of-birth, gender, country of origin, language spoken, friends and acquaintances on any of the Platforms, game/application level achieved, high score(s) achieved, and other achievements maybe also be captured, stored, and used.
3.3 Additionally, aggregated information about Nebula Realms usage can be collected and used for the purposes of improving all XALOC applications or for research and analysis.
3.4 Any information that is shared with other players within Nebula Realms or through participation in the message board or forums (including any information shared through the Platforms) is considered public and is shared at your own discretion. XALOC has no control over the use or dissemination of information that you share.
3.5 The user information provided to XALOC will not be sold, leased, loaned, disclosed, distributed, or voluntarily provided to non-affiliated third parties without your permission. XALOC may employ third parties to provide aspects of Nebula Realms, including processing payments or displaying advertisement offers. Any information provided by you to any such third party, which may include but is not limited to credit card information and other similar financial information and billing address information (“financial information“), will be the responsibility of that third party. This is because XALOC does not have access to any of this financial information provided to the third parties. You should review the terms and conditions of that third party.
4.Personal Information
By using Nebula Realms, you understand the information that is collected and used may be disclosed to governmental or law enforcement agencies if XALOC is required to do so by law or if XALOC believes in the good faith that disclosing the information is reasonably necessary to avoid liability, to comply with legal processes, which may include but are not limited to court orders, search warrants, subpoenas, or statutes, or to protect XALOC’s own personal rights and property, or that of the public. XALOC is not required to question or contest the purpose or validity of a legal process.
5.Marketing
5.1 We will give you a choice of whether or not you want XALOC or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful. We will not sell or trade personal information to other companies but we would like to keep you informed of developments and certain XALOC applications and we would like to share data with other reputable companies who may have interesting offers and information for you (inside or outside the EU).
5.2 We will not send you any marketing emails or pass your information on to third parties unless you give your consent or you have given it already.
5.3 You can opt out of this marketing at any stage by notifying us at support@xalocstudios.com
6. Change of Ownership
In the event that there is a change in the majority ownership of XALOC (e.g. sale, merger, acquisition, bankruptcy, etc.) we reserve the right to transfer your user information to the new owner or assignee in accordance with applicable law. In such an event, users will be notified of the transfer of user information to the best of XALOC’s abilities and users will be subject to any changes in privacy policy.
7. IP Addresses and Cookies
7.1 We use analytics to collect and store anonymous statistical data about our users’ downloading or use of Nebula Realms.
7.2 We and the Platforms may also collect information about your computer, mobile phone (or other portable or static device used to access Nebula Realms) (“device“) including where available your IP address, operating system, session_id, login, screen name and browser type, for system administration and to report aggregate information to our partners and if necessary our advertisers.
7.3 We may obtain information about your general internet usage by using a cookie file and/or similar tools which are stored on the hard drive of your device. Cookies contain information that is transferred to your device’s hard drive to report back anonymous data to us. They help us to improve our site and to deliver a better and more personalised service.
7.4 Nebula Realms may use the following cookies or other similar tracking technology (“cookies“).
Session cookies
These remember what you have put in your basket and enable you to use the checkout to make your purchase on Nebula Realms. Without these essential session cookies we would not be able to provide you with the ability to make the purchase on Nebula Realms.
Session cookies are not used to gather information to advertise products or services to you.
Analytics Cookies
We use analytics cookies to help us to analyse how users use Nebula Realms. They count the number of users and tell us things about their behaviour overall, such as typical length of play or the average number of games a user plays.
This information generated by the cookie about your use of our site may be transmitted to and stored to third party service providers on their servers. Those third party service providers will use this information for the purpose of evaluating your use of Nebula Realms, compiling reports on user activity and providing other services relating to users activity.
7.5 Generally, cookies may be used to enable us:
To estimate our audience size and usage pattern.
To store information about your preferences, and so allow us to customise Nebula Realms according to your individual interests and provide a more personalised experience to you.
To speed up your use of Nebula Realms.
To recognise you when you return to any Nebula Realms.
7.6 Some third party cookies are set by services that appear on Nebula Realms. They are set by the operators of that service and are not in our control. They are set by Twitter, Facebook, YouTube, Google+ and other third party services and relate to the ability of users to share content on Nebula Realms.
7.7 You may refuse to accept cookies by activating the setting on your browser or device which allows you to refuse the setting of cookies.
7.8 By using or continuing to use Nebula Realms you give your pre-informed consent to us using cookies on your visit. If you subsequently wish to revoke this consent, you must activate the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of Nebula Realms. Unless you have adjusted your browser or device settings so that it will refuse cookies, our system may issue cookies when you use Nebula Realms.
7.9 If you want to learn more about cookies you can do so at www.allaboutcookies.org
8. Security
XALOC has established reasonable technical and organizational measures to protect your personal information from accidental loss and unauthorized access and usage. However, we cannot guarantee that third parties will not breach these measures and gain access to your Personal Information nor can we guarantee that, in the event of a breach your personal information will not be used in an improper manner by another party.
9. Changing/Deleting Information
Any personal information that you convey to XALOC can be reviewed, updated, corrected, or deleted by modifying the affected personal information from your Platform account. By deleting information from your Platform account, you may in effect deactivate your Nebula Realms account. We have no obligation to restore an account once deleted.
10. Contact
If you have any questions about this Privacy Policy, please contact us at support@xalocstudios.com