Last updated: 20/05/2021 (dd/mm/yyyy)
Terms of Service
THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES OF NERUSDEV, INC. AND ITS AFFILIATES (“NerusDev”, “WE” “US” OR “OUR”), INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES (COLLECTIVELY, THE “WEBSITE”), WHETHER AS A GUEST OR A REGISTERED USER. THESE TERMS ALSO APPLY TO YOUR USE OF OTHER NERUS SERVICES THAT DISPLAY OR INCLUDE THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.”
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES.
By accessing the website mrcubano.nl, nerusdev.com and/or the Software "NerusBot", you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
1. License Grant
NerusDev grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and use the Software on compatible devices you own or control for your personal entertainment use (the “License”). The rights that NerusDev grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.
The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to you under the License. The License does not grant you any title or ownership in the Software.
2. License Conditions
You may not do or attempt to do any of the following with respect to the Software or any of its parts: (a) use it commercially or for a promotional purpose except as NerusDev expressly authorizes; (b) copy, reproduce, distribute (including via a network server), display, or use it in a way that is not expressly authorized in this Agreement; (c) sell, rent, lease, license, distribute, or otherwise transfer it; (d) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (e) remove, disable, circumvent, or modify any proprietary notice or label or security technology included in it; (f) use, export, or re-export it in violation of any applicable law or regulation; or (g) behave in a manner which is detrimental to the enjoyment of the Software by other users as intended by NerusDev, in NerusDev’s sole judgment, including but not limited to the following – harassment, use of abusive or offensive language, spamming, social engineering, scamming, running or using methods which are not authorized by NerusDev and which interfere with the outcome and/or the course of the Software (including Scripts, warez, cracks, or mods not expressly authorized by NerusDev) by giving you and/or another user an advantage over the users who do not use such methods, or making or otherwise contributing to such unauthorized software.
3. Updates and Patches
NerusDev may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software or Services. NerusDev may update the Software remotely without notifying you, and you hereby consent to NerusDev applying patches, updates, and upgrades. NerusDev may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to (where applicable) any content. You also acknowledge that any other data related to your use of the Software or Services may cease to be available to you at any time without notice from NerusDev, including without limitation after a patch, update, or upgrade is applied by NerusDev. NerusDev does not have any maintenance or support obligations with respect to the Software or Services.
4. Ownership/Third Party Licenses
NerusDev and its licensors own all title, ownership rights, and intellectual property rights in the Software and Services. NerusDev, NerusDev International, and NerusBot, and their respective logos, are trademarks or registered trademarks of NerusDev and its affiliates in the United States of America and elsewhere. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
The Software includes certain components provided by NerusDev’s licensors. A list of credits and notices for third party components may be found in the application's interface.
Without limiting any other rights of NerusDev, this Agreement will terminate automatically without notice if you fail to comply with any of its terms and conditions. You may also terminate this Agreement by deleting the Software from all devices on which you’ve installed it. Upon any termination, the License will automatically terminate, you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession.
Except to the extent required by law, all payments and fees are non-refundable under all circumstances, regardless of whether or not this Agreement has been terminated.
6. Amendments of this Agreement
7. No Assignment
You may not, without the prior written consent of NerusDev, assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any recipient of the Software. NerusDev may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
8. Disclaimers and Limitation of Liability
Nothing in these Terms will prejudice the statutory rights that you may have as a consumer of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by NerusDev on an “as is” and “as available” basis. NerusDev makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, NerusDev disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. NerusDev does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, NerusDev’s servers, or electronic communications sent from NerusDev are free of viruses or other harmful components.
To the full extent permissible by law, NerusDev will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms. Further, to the full extent permissible by law, NerusDev’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to NerusDev under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
By using the Software "NerusBot" you acknowledge it is against the Terms of Service of Bigpoint Sàrl and Co, SCS and Bigpoint GmbH, and that NerusDev, INC. ("NerusDev") is not responsible for any gamebans or other restrictions, the Software "NerusBot" is provided for educational purposes only.
NerusDev accounts can be subject to system bans, these type of bans are final and will not be lifted as they're put in place for security reasons.
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to defend, indemnify, and hold harmless NerusDev, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.
10. Waiver and Severability
No waiver of these Terms by NerusDev shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of NerusDev to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
11. Refund Policy
12. Governing Law and Jurisdiction
Any dispute or claim by you arising out of or related to these Terms shall be governed by North Carolina law, exclusive of its choice of law rules. For any disputes, you and NerusDev agree to submit to the exclusive jurisdiction of the Superior Court of Wake County, North Carolina, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of North Carolina. You and NerusDev agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms. This paragraph will be interpreted as broadly as applicable law permits.
This website and it's owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all international privacy laws and United States national laws and requirements for user privacy. This website acts according to the Data Protection Act.
This Agreement and any document or information referred to in this Agreement constitute the entire agreement between you and NerusDev relating to the subject matter covered by this Agreement. All other communications, proposals, and representations with respect to the subject matter covered by this Agreement are excluded.
The original of this Agreement is in English; any translations are provided for reference purposes only. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. Les parties déclarent qu'elles ont demandé et par les présentes confirment leur desir exprés que cette convention soit rédigee en anglais. You waive any right you may have under the law of your country to have this Agreement written or construed in the language of any other country.
This Agreement describes certain legal rights. You may have other rights under the laws of your jurisdiction. This Agreement does not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in this Agreement may not apply to you because your jurisdiction may not allow them in your particular circumstance. In the event that certain provisions of this Agreement are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms of this Agreement will remain in full force and effect.
Any act by NerusDev to exercise, or failure or delay in exercise of, any of its rights under this Agreement, at law or in equity will not be deemed a waiver of those or any other rights or remedies available in contract, at law or in equity.
You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement, except as expressly stated.
NerusDev’s obligations are subject to existing laws and legal process, and NerusDev may comply with law enforcement or regulatory requests or requirements despite any contrary term in this Agreement.
As used in this Agreement, the following capitalized words have the following meanings:
“Debug/Crack Detection” means functionality intended to identify debugging software and/or cracking tools.
“Content” means any content that NerusDev makes available for you to access or download through or in connection with the Software, and expressly includes Licensed Music.
“NerusDev” means, depending on the location of your primary residence:
a. NerusDev, Inc., a Maryland Corporation having its principal business offices at Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A.; or
b. NerusDev International S.à r.l., a Luxembourg Société à Responsibilité Limitée, located at Atrium Business Park, 33 rue du Puits Romain, L8070 Bertrange, Grand-Duchy of Luxembourg, acting through its Swiss branch, having its principal business offices at Platz 3, 6039 Root, Switzerland.
“Feedback” means any feedback or suggestions that you provide to NerusDev regarding the Software, Services or other NerusDev products and services.
“Services” means any services made available to you through the Software, including services to acquire.
“Software” means the proprietary software application known as NerusBot, and any patches, updates, and upgrades to the application, and all related content and documentation made available to you by NerusDev under this Agreement, including but not limited to all software code, titles, themes, objects, names, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to the application, and any copies of any of the foregoing.
If you have any queries regarding any of our terms, please contact us at [email protected].