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Terms of Use

TERMS OF USE

Effective Date: February 22nd, 2025

Wuthering Nest (“WutheringNest”) offers online games and various interactive services (forums, portals, etc., collectively the “Service”). The Service is conditioned on your acceptance of the following agreements:

  • The End User License Agreement (“EULA”) that applies to the interactive software entertainment product and services offered by WutheringNest (e.g., our games);
  • Privacy Policy;
  • These Terms of Use (“ToU”);
  • Additional terms that govern particular features or offers (for example, our Code of Conduct, our User Generated Content policy, etc.) (“Additional Terms”); and
  • Applicable third party terms that you may need to accept to utilize certain parts of the Service (e.g., payment processor terms; third party distribution platform terms, etc.).

The agreements are listed in terms of their priority and application to you. In the event of a conflict between provisions contained within any particular agreement, the agreement that is listed first shall control.

By accepting these Terms of Use, you are accepting all agreements that are part of the Service.

1. Limitation of Use

Unless otherwise provided, the Service is only for your personal purpose, not any commercial use. You may not modify, copy, distribute, transmit, display, perform, license, create any derivative work from, sell or transfer any information, software, product or service known or obtained from the Service.

2. Registration
2.1 Registration Process

The Service requires you to create an account with a username and password. When you are registering for the account, you agree that you will (i) provide accurate, up-to-date and complete information; (ii) maintain and promptly update the account information provided by you; (iii) maintain the confidentiality and security of your username and password; (iv) accept all risks and responsibilities with any and all authorized or unauthorized access to your account; and (v) immediately notify us if you discover, acknowledge or otherwise suspect any unauthorized use of your account information.

2.2 Registration Information

For registration, you must provide us with certain information about yourself, including, but not limited to, your name, email address, birthday and other information requested by us. Your information will be disposed and managed by us in accordance with WutheringNest's Privacy Policy.

2.3 Account Eligibility

You may establish an account only if (i) you are an adult as a natural person in your country of residence; (ii) you are at least thirteen (13) years of age; (iii) if you are not of the age of majority in your country of residence (generally eighteen (18) years old), you must have your parents or legal guardian's consent to register; (iv) you are not a person prohibited or restricted by WutheringNest's regulations and/or policies from playing the Service.

2.4 Email, Username, Password and Limitation

As a necessary part of the registration process, you will be asked to use your username and password for use of the Service. We reserve the right to refuse access to the Service or to prohibit your use of a username that: (i) impersonates someone else; (ii) is or may be illegal or protected by trademark or other proprietary right law; (iii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive; (iv) is or includes the name of popular or other's proprietary icon, character name or religious deity; (v) is or includes a name of drug, narcotic or other illegal activity; or (vi) is otherwise inappropriate subject to WutheringNest's regulations or policies.

2.5 Security and Confidentiality Responsibility

You must secure your account information for the use and confidentiality. You agree that you will not assign your right to access the Service by sharing your account information to any third party. YOU ARE RESPONSIBLE FOR MAINTAINING AND SECURING THE CONFIDENTIALITY OF YOUR ACCOUNT INFORMATION AND THE ALL RELATED ACTIVITIES INCLUDING SHARING YOUR ACCOUNT INFORMATION FOR THE SERVICE.

2.6 OWNERSHIP

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPRIETARY INTEREST IN YOUR ACCOUNT. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL RIGHTS IN RELATION TO YOUR ACCOUNT SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WutheringNest. WutheringNest NEVER RECOGNIZE OR ALLOW THE TRANSFER OF ACCOUNTS BETWEEN PLAYERS. YOU SHALL NOT PURCHASE, SELL, GIFT OR TRADE ANY ACCOUNT, OR OFFER TO PURCHASE, SELL, GIFT OR TRADE ANY ACCOUNT AND SUCH ATTEMPT SHALL BE NULL AND VOID AND MAY RESULT IN THE FORFEITURE OF YOUR ACCOUNT.

2.7 Termination

WutheringNest reserve, at its sole discretion, the right to terminate your access to any or all parts of the Service at any time, without any notice, if you fail to comply with these ToU.

3. Terms of Sale

These terms of sale do not apply to virtual currency obtained through a third party distribution platform (e.g., Steam). You should carefully read the terms in this Section 3 and you acknowledge and agree that you are at least 18 years old or that you have the consent from your parents or a legal guardian to enter into this legal contract for sale.

3.1 Price

Any prices, quotations and descriptions made or referred to the Service do not constitute an offer and may be withdrawn or revised prior to WutheringNest's express acceptance of your order at any time. WutheringNest reserves the right to notify you of any mistake or error in the prices, quotations or descriptions and revision for them.

3.2 Payment

Various payment methods authorized by WutheringNest, such as credit card, debit card, mobile charge, pre-paid card may be available to you when you are obtaining WEB POINT in the Service. You are solely responsible for all the payment of Federal, State and local taxes with the receipt or use of the in-game items which you purchases from WutheringNest.

3.3 Currencies

You may be able to choose USD to charge WEB POINT in online and you agree that USD 1 means 150 WEB POINT EQUALS TO 15,000 CASH.

3.4 Virtual Currency

You may visit web shop “Web Market” where you obtain WutheringNest's virtual currency, as known as WEB POINT. WEB POINT has no “real world” value. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU NEVER HAVE ANY OWNERSHIP RIGHT IN THE IN-GAME ITEMS OBTAINED WITH VIRTUAL CURRENCY.

3.5 Virtual Items

You may have the opportunity to purchase digital, in-game items or to exchange WEB POINT for the items. You acknowledge and agree that digital, in-game items has no “real world” value, is not your property and is not regarded as any sum of money from us. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL ITEMS, YOU NEVER HAVE ANY OWNERSHIP RIGHT IN THE ITEMS OBTAINED.

3.6 Extinguishment of WEB POINT

WEB POINT will extinguish if you have not used WEB POINT in a year. For the purpose of this section only, “use” of WEB POINT means either purchasing virtual item or other digital good using WEB POINT or adding WEB POINT to your account.

3.7 Refund

ANY CHARGED AND OTHER FEES ARE NOT REFUNDABLE IN PART OR IN WHOLE, INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR ACCOUNT, EXTINGUISHMENT OF YOUR WEB POINT FOR ANY REASON, TERMINATION OF THIS AGREEMENT AND/OR THE DISCONTINUATION OF THE SERVICE EXCEPT FOR SHUT-DOWN OF THE SERVICE, THE DISCONTINUATION/INCIDENT OF THE SERVICE BY A MATERIAL BREACH OF WutheringNest AND/OR YOUR CANCELLATION BASED ON A UNILATERAL CANCELLATION OF TRANSACTION BY CREDIT CARD COMPANY.

3.8 Change and Update

WutheringNest may, at any time, change or update these ToU and the changed or updated ToU will apply to any and all subsequent purchases. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL REVIEW THE TOU IN DETAIL BEFORE ANY YOUR PURCHASE.

4. Use of the Service
4.1 No Unlawful Use

You represent and warrant that you shall not use the Service for any purpose that is unlawful or prohibited/restricted by these ToU. Also, you may not use the Service in any manner which could damage, disable, overburden, or impair, interfere the Service and/or any other user.

4.2 Code of Conduct

WutheringNest has made available a Code of Conduct which applies to your use of the Service, including your use of the games offered by WutheringNest. You agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service.

4.3 No Misuse of Data

You acknowledge and agree that you will not (i) obtain or attempt to obtain any information from the Service using any method not expressly permitted by WutheringNest; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Service; (iii) use any other software/tool to collect information from the Service without authorization.

4.4 User Generated Content

User Generated Content means all communications, images, sounds, and all the material and information that you upload or transmit through the Service. All User Generated Content is subject to the User Generated Content Policy. You agree and acknowledge that User Generated Content is specifically NOT governed by WutheringNest's Privacy Policy, and instead is governed by this ToU.

5. Intellectual Property Rights
5.1 Infringement of Intellectual Property Rights

You acknowledge and agree that the Service, the Website and the related content and other applications made available on the Service is exclusively owned by WutheringNest, its licensors or its affiliates and are lawfully protected by the applicable laws, rules and regulations and international treaties relating to copyrights, trademarks and other intellectual property rights. YOU NEVER HAVE ANY OWNERSHIP INTEREST IN SUCH PROPRIETARY SUBJECT MATTER PURSUANT TO THESE TOU OR ANY AND ALL AGREEMENT BETWEEN YOU AND WutheringNest OTHERWISE.

5.2 Indemnification and Termination

You acknowledge and agree that you indemnify and hold harmless WutheringNest and its licensors, affiliates, directors, officers, employees and agents from any and all claims for losses, expenses and liabilities, including reasonable attorney's fees. If you are engaged or have engaged in infringement or we reasonably suspect that your use of the Service infringes WutheringNest's or others' intellectual property rights, we may, at our sole discretion, suspend, terminate or delete your account.

6. Software and Content on the Service
6.1 License to Software and Content

(i) WutheringNest hereby grant you a personal, limited, revocable, non-sublicensable and non-exclusive license to install a copy of any downloadable software or content under your legitimate control; and only to access and use the Service solely for personal, non-commercial purpose.

(ii) You may not i) copy software or content made available to the Service; ii) sell, rent, lease, license, distribute or otherwise transfer or make the Service available to any other person; iii) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based on the Service; iv) remove, disable or circumvent any proprietary notices or access control technology contained on or within the Service; v) export or re-export the Service in violation of any applicable export restrictions or other laws.

(iii) You must keep intact all copyright and other proprietary contents/notices.

(iv) SOFTWARE AND CONTENT MADE AVAILABLE ON THE SERVICE IS OWNED BY WutheringNest, ITS LICENSORS OR ITS AFFILIATES AND IS PROTECTED BY ANY AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND INTERNATIONAL TREATY PROVISIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE AND CONTENT IS EXPRESSLY PROHIBITED.

6.2 Termination of License

The license in this Section 6 is conditioned on your compliance with all agreements applicable to you, and shall terminate upon the earlier of: (a) your breach of any part of these agreements; or (b) our termination of the Service or the removal of software or content to which the license applies.

7. LIABILITY DISCLAIMER

THE SOFTWARE, SERVICES AND RELATED CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WutheringNest, ITS LICENSORS, ITS AFFILIATES AND RESPECTIVE DEVELOPERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED CONTENT CONTAINED ON THE SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

IN NO EVENT SHALL WutheringNest, ITS LICENSORS, ITS AFFILIATE AND RESPECTIVE DEVELOPERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE.

8. THIRD PARTY SERVICES AND CONTENT
8.1 Advertising.

The Service may incorporate third-party technology that enables advertising on our websites, in our games, or through other means of communication. More information about such practices can be found in our Privacy Policy.

8.2 Social Media.

If you are a registered user of certain social media networks (e.g., Facebook, Twitter, etc.), you may have the opportunity to utilize your social media account data to take advantage of certain features on the Service. Your social media account is subject to separate terms and conditions provided by the social media network at issue.

8.3 Links to Third Party Sites.

The Service may contain links to or feeds from websites controlled by third parties (“Linked Site(s)”). The Linked Sites are not under the control of WutheringNest and WutheringNest is not responsible for the contents of any Linked Site. WutheringNest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WutheringNest of the site or any association with its operators.

9. MODIFICATION OF THE ToU.

WutheringNest reserves the right to change the ToU at any time. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement. If we change the ToU, we will communicate the changes to you before changes are made effective and we will update the Effective Date listed above. Your continued use of the Service after such notification of changes will constitute your acceptance of such changes.

10. DISPUTE RESOLUTION
10.1. Disputes.

In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to, or arising out of, this agreement (“Dispute”), you and WutheringNest agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding.

10.2 Binding Arbitration.

If a Dispute cannot be resolved through negotiations, then the Dispute must be submitted to binding arbitration. The arbitration shall be commenced and conducted under the Streamlined Rules of the Judicial Arbitration and Mediation Service (the “JAMS”). YOU ACKNOWLEDGE AND AGREE THAT YOU AND WutheringNest ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

10.3 Restrictions.

You and WutheringNest agree that any arbitration shall be limited to the Dispute between WutheringNest and you individually. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES.

10.4. Exceptions to Negotiations and Arbitration.

You and WutheringNest agree that the following Disputes are not subject to the above provisions concerning negotiations and binding arbitration:

  • any Disputes seeking to enforce or protect, or concerning the validity of, any of your or WutheringNest's intellectual property rights;
  • any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;
  • any claim for injunctive relief;
  • any claim within the jurisdictional limits of the small claims courts.
10.5. Location of Arbitration.

If you are a resident of Singapore, Philippines and Malaysia, any arbitration will take place at any reasonable location within Singapore for you. Any Dispute not subject to this Section shall be decided by a court of competent jurisdiction within South Korea.

10.6 Governing Law

The ToU shall be governed by and construed in accordance with the law of Singapore, regardless of your place of residence, expressly excluding the UN Convention on Contracts for the International Sale of Goods.

10.7. Attorneys' Fees.

If any legal action is brought relating to this agreement or the breach hereof, the prevailing party in any final judgment or arbitration award shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorney fees paid or incurred in good faith.

10.8. Severability of Dispute Resolve.

You and WutheringNest agree that if any portion of this Section 10 is found illegal or unenforceable, such portion shall be severed and the remainder of this Section 10 shall be given full force and effect.

11. GENERAL PROVISIONS
11.1. Assignment.

This agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of WutheringNest. WutheringNest may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction.

11.2. Waiver.

The waiver by either party of a breach of or a default under any provision of this agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this agreement.

11.3. Severability.

If the application of any provision of this agreement to any particular facts or circumstances shall be held to be invalid or unenforceable, such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.

11.4. Export Controls.

To the greatest extent permitted by applicable law, you shall abide by all applicable export laws and regulations in its use of the Service. The Service, or any part thereof, may not be downloaded or otherwise exported or re-exported to anyone in Singapore, Malaysia and Philippines.

11.5. Captions and Section Headings.

The captions and section and paragraph headings used in this agreement are inserted for convenience only and shall not affect the meaning or interpretation of this agreement.

11.6. Equitable Relief.

You acknowledge and agree that due to the unique nature of this agreement, there can be no adequate remedy at law to compensate WutheringNest for your breach or threatened breach hereof; and, therefore, that upon any such breach or threat thereof, WutheringNest shall be entitled to seek injunctive and other appropriate equitable relief.

11.7 No Waiver.

Our failure to enforce any provision of this agreement or any applicable agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter.


CODE OF CONDUCT

Effective Date: February 22nd, 2025

When you become a part of the WutheringNest community, you are joining many other players worldwide. This Code of Conduct outlines the rules that you need to follow to help ensure that WutheringNest's games, forums, and other interactive services are safe and fun for everyone.

A. Your Use of the Service Generally

You will not use our games and interactive services for any unlawful purpose or in any manner not intended by WutheringNest.

We expect you to use our games and interactive services in a manner that is respectful of all other players.

B. Technical Restrictions

You will not use our games or interactive services to transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.

You will not engage in spamming or flooding.

You will not remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in our games or interactive services.

You will not “frame” or “mirror” any part of our games, websites or interactive services without our prior written authorization.

You will not use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the games or interactive services.

C. Conduct in the Game / Chat

You will not harass, threaten, embarrass, or do anything to another player that is unwanted. This means: do not say bad things about them, do not repeatedly send them unwanted messages, do not attack a character because you dislike the player.

You will not make statements that are ethnically, racially, or otherwise offensive, abusive, defamatory, or obscene.

You will not impersonate any WutheringNest staff or any other user.

You will not disclose any personal information about another user in our games or interactive services.

D. Hacking and Cheating

You will not create, use, offer, promote, advertise, make available and/or distribute any hacking software, “mods”, cheat codes, automation software (bots), exploits, unauthorized scripts or other tools that change the gameplay experience in violation of WutheringNest's regulations and policies.

You will not use tools or other methods to gain an unfair advantage in the game over other players.

Using any third-party programs or modifications that have not been specifically authorized by WutheringNest is strictly prohibited and may result in your immediate account termination.

E. Reporting

All incidents of community disruption, violation of the EULA or ToU, or any other action that may be deemed inappropriate by the WutheringNest's staff should be reported to the appropriate support channels. WutheringNest will review all reports and take appropriate action.

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