Effective Date: 03.01.2012
If you are using our Services through a social network (e.g., the Facebook Platform), any activities on the social network beyond NIVAL’s Services are governed by that social network’s policies (e.g., Facebook's Statement of Rights and Responsibilities).
Nival owns and operates games and game services in multiple jurisdictions.
Subject to compliance with these Terms of Service, NIVAL is granting you a non-exclusive, non-transferable, revocable limited license to access the Services for your own non-commercial entertainment purposes only. You agree not to use the Services for any other purpose. If you violate any of these Terms of Service, we reserve the right to terminate your license without notice.
If you are using the Services through a social network such as Facebook, you are required to have a social network account which is in good standing. Please be aware that (i) any activities on the social network beyond the scope of the Services are governed by that social network’s policies. For example, your violation of Facebook’s Statement of Rights and Responsibilities could result in your termination from NIVAL’s Services.
You may not use our Services if you are under 13. By accessing and using the Services, you represent and warrant that you are at least 13 years old. If you are a minor over the age of 13, we recommend you seek consent from a parent or legal guardian before accessing the Services. If you will be purchasing Virtual Currency and/or Virtual Goods (defined below in Section 10) through Facebook Credits or other authorized means, NIVAL requires all users to be over the age of 18, or if you are under 18, you confirm that you have your legal guardian/parent’s permission and consent to incur any charges.
Your use of the Services is governed by certain rules (the "Code of Conduct"), maintained and enforced by NIVAL. It is your responsibility to know, understand and abide by this Code of Conduct. Any use of the Services in violation of the Code of Conduct is strictly prohibited, can result in the immediate revocation of your limited license to use the Services, and may subject you to liability for violations of law.
The following conduct and content is expressly prohibited on the Services and your account will be terminated for such unpermitted behavior or activity. NIVAL reserves the right to investigate and take appropriate legal action against anyone who, in NIVAL’s sole discretion, violates this provision.
Offensive and Illegal Content and Conduct:
You agree that you will not, under any circumstances, engage in conduct or post information on the Services which:
Collection and Publication of Personal Information; Improper Communications/Use of Services:
You agree that you will not, under any circumstances:
Violation of Laws and Policies:
You agree that you will not, under any circumstances:
In all cases, prohibited activity includes, but is not limited to using the NIVAL Services in a manner inconsistent with any and all applicable laws and regulations.
NIVAL owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. NIVAL further reserves all rights, on behalf of itself, as well as its affiliates, subsidiaries, or licensors including, without limitation, all intellectual property rights or other proprietary rights, in connection with the Services. You further agree that you have no right or title in or to any content that appears in the Service, including without limitation, all content, text, graphics, logos, buttons, icons, images, music, digital files, data and software provided through the Services.
"Content" includes software, technology, text, forum posts, chat posts, character profiles, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from the Services (including the design and appearance of the Services). Unless otherwise specified in writing, all Content, is owned by NIVAL or its affiliates, subsidiaries, licensors or suppliers. The definition of Content collectively includes user generated Content ("UGC") and NIVAL Content.
You agree that all Content, including but not limited to all accounts, characters created, Virtual Currency, and Virtual Goods acquired and developed during the course of your use of the Services, are the sole and exclusive property of NIVAL or its licensors. NIVAL may use all Content for any purpose, including for commercial or promotional use without restriction or compensation to you. You agree not to copy, redistribute, publish or otherwise exploit any Content in violation of the intellectual property rights of Nival or any other third party.
NIVAL reserves the right to monitor user generated content (UGC) in the Games, but cannot monitor or prescreen all of the UGC and does not attempt to do so. NIVAL has the right, but not the obligation, to edit, refuse to post, or remove any UGC posted in the Games that is deemed objectionable or violates these Terms or the spirit of these Terms, in our sole discretion and determination.
If a user finds that specific UGC may violate these Terms of Service, please bring it to our attention by contacting us. NIVAL does not assume any responsibility or liability for UGC that is generated by users of the Games.
Third Party Content:
You may not upload or post any Content on the Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates any third party's right of privacy or right of publicity. NIVAL may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of a third party.
If you are a repeat infringer of NIVAL's or a third party's intellectual property or other rights, NIVAL may terminate your account without notice to you. If your account is terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to all Virtual Goods, Virtual Currency and any other benefits of your account.
NIVAL prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by NIVAL in writing. You are therefore not permitted to trade, sell or attempt to sell in-game items or currency for "real" money, or exchange those items or currency for value of any kind outside of a game, without NIVAL’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.
Payment for Virtual Currency and Virtual Goods. Your order of Virtual Currency and/or Virtual Goods will represent an offer to us to purchase such items which will be accepted by us when we make the relevant Virtual Currency and/or Virtual Goods available in your account for you to use on our Services or debit your credit card, whichever comes first. NIVAL may revise the pricing for Virtual Currency and Virtual Goods offered through the Service at any time.
Please be aware that if you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s payment terms and NIVAL is not a party to the transaction. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.
All sales of Virtual Currency and Virtual Goods are final. YOU ACKNOWLEDGE THAT NIVAL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL CURRENCY OR VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Notwithstanding the foregoing, if a user has incurred charges or fees as a result of bona fide identity theft, NIVAL will work with the user and the third party payment provider to achieve a refund for such charges or fees.
Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Services, you have no right in or title to such Virtual Currency and Virtual Goods. NIVAL has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and NIVAL shall have no liability to you or anyone for the exercise of such rights.
NIVAL may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving additional Services, Virtual Goods and/or Virtual Currency. Any charges or obligations you incur in your dealings with these third parties are your responsibility. NIVAL makes no representation or warranty regarding any content, goods and/or services provided by any third party (even if linked from our Services), and will not be liable for any claim relating to any third party content, goods and/or services. NIVAL is not responsible for such third party content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.
Trademarks. NIVAL and other related trade names, graphics, logos, and service marks used on the site are the trademarks of NIVAL and its licensors and may not be used by you without our prior written permission.
Copyright. All Content is copyrighted under copyright laws of the European Union and/or similar laws of other jurisdictions, protecting it from unauthorized use.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or NIVAL games. NIVAL reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you must include in any settlement agreement that you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You understand that the Service is an evolving one. NIVAL may require that you accept updates to the Services. You acknowledge and agree that NIVAL may update the Services, with or without notifying you. You may need to update third party software from time to time in order to receive the Services.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIVAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE OR PROVIDED VIA NIVAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USING THE SERVICES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NIVAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER NIVAL NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
NIVAL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF NIVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. NIVAL'S AGGREGATE MAXIMUM POTENTIAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL BE NO MORE THAN THE TOTAL AMOUNT PAID BY YOU TO NIVAL IN THE ONE HUNDRED EIGHTY DAYS (180) DAYS PRIOR TO THE CLAIM. MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, save, and hold NIVAL, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. NIVAL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NIVAL, and you agree to cooperate with NIVAL’s defense of these claims. NIVAL will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your account or of the Service
Before resorting to formal dispute resolution mechanisms, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support and seeking to resolve your issue within a thirty (30) day period. If this fails, additional informal discussions begin upon written notice from you or NIVAL. NIVAL will send its notice to the email address you have provided to us and may also provide a copy to a physical address if we have one on file. You will send your notice to NIVAL at: firstname.lastname@example.org.
If you and NIVAL are unable to resolve a dispute through informal discussions, either you or NIVAL may elect to have the dispute (except those disputes expressly excluded below) finally and exclusively resolved by final binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Your arbitration fees and your share of arbitrator compensation shall be governed by these AAA rules. If such costs are determined by the arbitrator to be excessive, NIVAL will pay all arbitration fees and expenses.
The arbitration may be conducted in person, through the submission of documents, by phone or online as allowed by the AAA rules. Except as otherwise provided in this Agreement, you and NIVAL may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
No Class Action. You and NIVAL agree that any arbitration shall be limited to the dispute between NIVAL and you individually. To the full extent permitted by law no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
Time Limitation for Legal Claims. YOU AND NIVAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NIVAL SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Exceptions to Informal Discussions and Arbitration. You and NIVAL agree that the following disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.
Venue. Any arbitration will take place in the County of Los Angeles, State of California, United States of America. Either party may appear via digital or telephonic means if a personal appearance is not reasonably feasible. Any dispute not subject to arbitration, or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and NIVAL agree to submit to the personal jurisdiction of that court. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the law of the State of California without regard to its conflict of laws provisions. Each party hereby waives any claim that such venue is improper or inconvenient.
In order for you to be able to utilize our Services and play our games, and for us to process your orders and requests, you do need to give us some personal information. However, we want you to know what information we need, why we need it, and how we make sure that your information is protected.
“Personal Information" is information that identifies you or that can be used to contact you (online or offline). Personal Information can include your name, email address, physical address, telephone number, gender, birthdate, social security number, etc.
COLLECTION OF PERSONAL INFORMATION AND PURPOSES
We collect Personal Information in a variety of ways in order to provide you with the best possible experience using our Services. Sources of information include:
Information You Provide To Us: You may choose to voluntarily provide us with information by registering or communicating with NIVAL. If you communicate with us, we will collect and record the information you have shared with us so that we can provide you with the Services or address your inquiry. During the registration process, we do collect basic information about you including your name and email address.
Social Networks: When you participate in our Services which are provided through a social network such as Facebook, we may obtain information about you from that social network such as your name, gender, geographic area and affiliations. Your gender designation on the social network may dictate the characters which are initially available to you while playing one or more of the games offered by NIVAL through its Services, though your gender does not limit you on the levels that you can achieve while playing the game (which in the free-to-play context reflects skill, not gender) and/or to a specific gameplay style. As a developer of an application which is provided through a social network, NIVAL is required to follow the developer policies of that social network. For example, Facebook’s Platform Policies contain specific rules and restrictions which NIVAL is required to follow regarding the operation of its application on Facebook and the handling of personal information.
IP Addresses: We do monitor and store information about the IP addresses from which you access our Services. In general, these log files are used to monitor traffic on our Services, to troubleshoot technical problems and to collect aggregate information (e.g., to monitor and analyze demographic and preference information among our users). We may block certain IP addresses to comply with specific license agreements and/or in the event we detect user abuse of our Services. IP addresses could also be used to personally identify you in order to enforce our Terms of Service.
Cookies: We do utilize “cookies” on our site to facilitate user sign-on, and to retain user preferences and other information. A “cookie” is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Although your browser may be pre-set to accept cookies, you can disable cookies or set your browser to alert you when cookies are being sent. Please note, however, that some parts of our Services will not function properly if you disable cookies.
Other Data Collection Mechanisms: We may employ technologies including (i) clear Graphics Interchange Formats (“GIFs”) (i.e., web bugs, beacons or tags), which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation or registration; and (iii) local shared objects also known as flash cookies, which help us to prevent fraud, remember your progress on certain in-game tasks and in-game settings. Clear GIFs are not used to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page.
AGGREGATED DATA; NON-PERSONAL INFORMATION DATA GATHERING AND ANALYTICS
In addition to Personal Information, we collect a variety of data that is not used to specifically identify or contact you. This type of data is used to analyze and enhance our Services.
Examples of such information include:
General Use Information: We may collect general information about our users’ interaction with our product such as your internet protocol address, browser type, referring and exit URLs, clicks, domain names, pages viewed, the amount of time spent viewing a particular page, the time such activities took place, etc.
Game Play Information: We may collect and retain information relating to your interaction with our Services. For example, we may monitor the number and type of activities you participate in during a particular session, your scores and the length of time you spend on our Services.
Analytic Metrics Tool and Other Technologies: Nival uses its own tools and technologies to analyze non-personal information when you use our Services The information collected may include data about your hardware system, mobile device (if applicable), media, Internet and website usage and how you use our Services. We also analyze and track your game statistics, feature usage and purchase history, as well as IP, MAC, Android and/or iOS Addresses, and mobile ID (as applicable).
USER GENERATED CONTENT
User generated content includes various types of content which is publicly available and is produced by end users. For example, wall posts, messages, and actions with other end users would fall under this definition. It is possible that the user generated content you choose to provide may contain Personal Information. Please be aware that we cannot guarantee protection for information you make available publicly through comments, information sharing mechanisms, wall posts, etc. Any user generated content you share while using our Services on a social network, will very likely be disseminated broadly through the social network. Also, any Personal Information that is publicly shared by the user could be harvested by third parties (including by other users of the social network) with access to it and we cannot control those third parties' use of such information. Please bear these factors in mind before sharing any content with us.
WHAT WE DO NOT DO WITH YOUR INFORMATION
Social Network Data: We do not directly or indirectly transfer any personal information we receive from social networks such as Facebook to third parties. However, you should recognize that we may display the information we receive from social networks within our Services. For example, we may display your profile picture and name so people can identify you in the Services
We May Log, But We Will Not Disclose, Individual Internet Protocol Addresses: We may maintain log files which contain IP addresses for purposes such as traffic monitoring. As you know, an IP address is a numeric address assigned to your computer (or router) by your Internet Service Provider. We will not disclose individual IP addresses to third parties.
WHAT WE MAY DO WITH INFORMATION WE COLLECT
Enhancement of Services. We may use the information we collect to improve the quality of our games, facilitate gameplay as well as offer new features to you. This might include looking at how segments of our user population interact with our Services and what areas elicit the most interest. Further, we will also use the information we gather to optimize our content, provide you with more of what you like as well as to fix any bugs that we detect in our Services.
Notices. Occasionally, we do reach out to our players using the contact information you have given us in order to provide information concerning our Services or to announce a new game. You may opt out of these communications at any time.
Legal Requirements and Safety Issues. Please be aware, we will disclose information, including Personal Information, to the extent it may be necessary to prevent harm to third parties or if it is required by law. We may disclose information pursuant to subpoenas, court orders, or other requests if we have a good faith belief that the response is required by law. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating the Terms of Service. This may include sharing information with other companies, lawyers, courts or other government entities.
TRANSFER IN THE EVENT OF SALE OR CHANGE OF CONTROL
In the event that we no longer operate a specific game through our Services, we may work with the subsequent game operator to offer you the ability to continue to play the game with the new game operator. This might involve inviting you to create a new user name and password in order to continue playing the game with the new game operator.
SECURITY OF OUR SERVICES
We use encryption and authentication tools to protect the security of the information that you share with us. Once we receive your transmission, we will do our best to protect its security on our systems. For example, all personal information we gather in connection with our Services is maintained on a secured server behind a firewall.
Unfortunately, while we strive to protect your personal information, no data transmission over the Internet can be guaranteed to be 100% secure and we caution you that any information you transmit to or from our Services is at your own risk. Accordingly, we disclaim liability for any theft, loss, or interception of or any unauthorized access or damage to any data or communications. By using the Services, you acknowledge that you understand and agree to assume these risks.
You may review, update, correct or delete personal information we receive from Facebook or any other social network by updating that information on your profile. If you elect to register with us and you would like to review, update, correct or delete that personal information, you may do so by removing and unsubscribing yourself in our email notifications.
If you access our Services through a social network such as Facebook, links may appear in the same window or on screens before you commence playing. Any links you see adjacent to our Services may link you to parties completely unrelated to NIVAL. Because we cannot control the activities of third parties, we cannot accept responsibility for your use of their services or for any use of your personal information by such third parties and we cannot guarantee that they will adhere to the same privacy and security practices as ourselves. The presence of a third party link within the Services does not represent an endorsement of the content of that third party's link and NIVAL disclaims all liability arising from such content.
While the Nival operates games in multiple jurisdictions, Nival’s Services are hosted in the Netherlands and are intended for and directed to Users in the European Union and the United States. If you are a User accessing the Nival Services from the Russian Federation, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from the laws of the European Union and/or United States, please be advised that through your continued use of the NIVAL Services (i) you are transferring your personal information to Netherlands and (ii) you consent to that transfer.
OTHER JURISDICTIONS; RIGHT TO ACCESS PERSONAL INFORMATION
If you are resident in a jurisdiction which grants you the right to access the personal information that we maintain concerning you, your right of access can be exercised in accordance with applicable law. Please submit any requests for access to your personal data in writing to email@example.com.
CHILDREN AND PRIVACY
Our Services are not directed to children under 13 years old. By using our Services, you represent and warrant that you are at least 13 years old. If we become aware that a user under the age of 13 has registered without prior verifiable parental consent, we will remove that user's personal information.
If you believe that we might have collected any information from a child under age 13, please contact us at firstname.lastname@example.org so that we can investigate and remove the information.
If you have any questions or concerns, please email us at email@example.com
20. GENERAL PROVISIONS
Supplemental Policies. NIVAL may publish additional policies related to specific services such as forums, promotions, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Language. These Terms of Service and all related documents are written and shall be interpreted in the English language.
Equitable Remedies Available to NIVAL. You acknowledge that the rights granted and obligations made under these Terms of Service to NIVAL are of a unique and irreplaceable nature, the loss of which shall irreparably harm NIVAL and which cannot be replaced by monetary damages alone so that NIVAL shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
Your Waiver of Injunctive or Equitable Relief. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any NIVAL game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages (if any), limited by Section 16.
Survival of Provisions. Sections and provisions which by their nature survive expiration or termination of the Terms of Service, including without limitation liability and warranty disclaimers and limitations, shall survive expiration or termination.