Terms of Use | Noctua Games - Bringing Great Games to You

Definition
1. .
  “Account” shall have the meaning specified in Article 4.1
2. .
  “Account Level” shall mean Your current VIP level (Silver or Gold) within the Platform. This level determines the benefits you receive, the VIP level has an expiration cycle of 6 months, resetting every June 30th and December 31st. For avoidance of doubt, To keep current VIP level (Silver or Gold) for the next cycle, you need to complete specific tasks associated with that level within one month after the cycle resets. These tasks are provided directly on the platform.
3. .
  “Affiliates” shall mean, with respect to any person, any other person directly or indirectly controlling, controlled by, or under common control with, such person, or, such other entity, arrangement or person that the Parties may agree in writing to be an Affiliate. The word “control” (including its correlative meanings, “controlled by”, “controlling” and “under common control with”) means the right to exercise, directly or indirectly, majority voting rights attributable to the shares of the controlled corporation or (ii) the power to direct or cause the direction of management and policies of that corporation whether through the ownership of voting securities, by agreement or otherwise or the power to elect more than half of the directors, partners or other individuals exercising similar authority with respect to that corporation;
4. .
  “Bound Noctua Gold” shall mean the virtual currency with the same function to Noctua Gold, which will be used for deducting any purchase prices and has an expiration date. For the avoidance of doubt, this expiration date occurs annually at the end of the calendar year (December 31st).
5. .
  “Confidential Information” shall have the meaning specified in Article 5
6. .
  “End Users” shall mean any person, users, or customers who accessed the Platform and obtain Noctua Gold by any means.
7. .
  "Fee” shall mean any fee related to the use of Services that is available in the Platform, in the amount as determined by Noctua which may be adjusted from time to time.
8. .
  “Gacha” shall have the meaning specified in Article 3.2.6
9. .
  “Game” shall mean all games that are integrated by Noctua in the Platform
10. .
  “Governing Law” shall mean the applicable laws of this Agreement.
11. .
  “Intellectual Property” shall mean intellectual property rights of any kind, including (without limitation) all rights in or arising out of patents, trade, service and other marks, registered designs (and applications for all of the same), copyrights, rights affording equivalent protection to copyrights and design rights, moral rights, trade, product, brand and business names, get-ups, inventions, discoveries, improvements, designs, techniques, computer programs, trade secrets, supply distributorship agency and other like agreements, technical and commercial know-how and confidential processes and information, the Services, APIs, documentation, and any derivatives of the foregoing whether or not recorded or contained (or capable of being recorded or contained) in any tangible form, including rights acquired under licenses or other agreements in connection with any of the foregoing and full rights to all intellectual property and legal protection relating to the same and in every case, anywhere in the world (unless the context otherwise requires)
12. .
  “Noctua Gold” shall mean the virtual currency of the Platform's Services which End Users can use, after deducting the Bound Noctua Gold, to purchase the license to use the in-game-play related items, virtual goods, and the like within or in relation to the Game.
13. .
  “Payment Channels Partners” shall mean third-party payment service providers with whom Noctua has established a contractual relationship to facilitate the electronic transfer of funds between Users and Noctua on the Platform.
14. .
  “Platform” shall mean the platform hosted on noctua.gg or any other URL at Noctua’s discretion, this definition shall also include all the features in such Platform.
15. .
  “Platform User” shall mean the person registering for an Account and will be the contracting party
16. .
  “Primary Email Address” shall have the meaning specified in Article 4.3.
17. .
  “Services” shall mean the series of services provided by the Company.
18. .
  “Term” shall have the meaning specified in Article 13.1.
19. .
  “Third Party Links” shall mean links to other Internet sites and resources that may be found on the Platform
20. .
  “ToU” shall mean this Terms of Use along with all of the supplement documents specified herein.
The Rights of Noctua
1. .
  The Services have a range of features and functionalities. Not all Services or features will be available to the Customer at all times and Noctua are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these ToU or by applicable law, Noctua reserves the right to modify the Services or any part thereof for any reason, without notice and at any time.
2. .
  Noctua may, from time to time and with or without prior notice, improve, modify, or add new features to the Services and Game offered through the Platform. These changes are intended to enhance your overall experience. To ensure you're aware of any updates, we encourage you to periodically review the Platform and the Game. Additionally, Noctua reserves the right to perform maintenance and suspend all the Services and/or the access to the Platform and/or the Game to ensure that the improvement, modification, and/or new features may be implemented successfully.
3. .
  Verbal or written abuse of any kind (including threats of abuse or retribution) of any Noctua employee, member, or officer may result in immediate Account termination.
4. .
  Noctua reserves the right to provide our Services to any Customer’s competitors and make no promise of exclusivity. You further acknowledge and agree that Noctua employees and contractors may also be Noctua customers and that they may compete with You, although they may not use Your Confidential Information (as defined in Article 5) in doing so.
5. .
  In the event of a dispute regarding Account ownership, Noctua reserves the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of Your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of Your status as an employee of an entity.
6. .
  Noctua reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful User. If Noctua are unable to reasonably determine the rightful User, without prejudice to our other rights and remedies, Noctua reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
7. .
  Noctua reserves the right to change the User’s Account Level unilaterally with or without notice to the User’s Primary Email Address if the User’s Account Balance is insufficient to maintain their Account Status when billed monthly or otherwise deemed necessary by Noctua
8. .
  Noctua has the right to disable and/or permanently ban the User’s Account for any reason, without notice and at any time (unless otherwise required by law), including but not limited to if the Users: (i) violate the Governing Law, Terms of Use, Privacy Terms, and other policy as stated in the Platform; (ii) committing a criminal offense; (iii) placing an order for the Services provided by Platform suspiciously and potentially causing losses to Platform and other parties; (iv) classified the search list of persons or as a fugitive or member of a prohibited organization either according to the provisions of applicable laws and regulations or internationally.
Services
1. .
  Subject to Article 2.1, the Company agrees to provide Services on the Platform and also to provide maintenance and support to the Platform.
2. .
  The Services that may be provided by the Company are as follows:
  1. .
    Customer Professional Support Services.
  2. .
    Connecting You to other people, by creating an account on the Platform, you can expand your connection with the other Platform users. You can add or invite your friends to the Platform.
  3. .
    Customer Access to the Platform and/or the Game, the Company grants Users a revocable, non-exclusive, non-transferable, limited license to download, install and play the Game, and use the Platform, strictly in accordance with this Agreement solely for the purpose of accessing the Services provided by the Game and/or Platform. Users may only play the Game and/or access the Platform on a device that User owns or controls and/or as permitted by each of the Game’s terms (terms of service, privacy policy, end user license agreement, etc).
  4. .
    Make payment for purchasing Noctua Gold through the Payment Channels Partner.
  5. .
    Quest & Exchange Reward, for the fulfillment of every quest you make by playing the Game available on the Platform, you will get Noctua Gold that you can exchange to become items in every Game available on the Platform. The Noctua Gold you get cannot be exchanged for any real life currency.
  6. .
    Gacha Tickets, virtual items used to participate in a specific mechanic, which is essentially a randomized draw system where you spend tickets to acquire in-Game items, characters, Bound Noctua Gold, or other rewards (“Gacha”). The Gacha Tickets will have an expiration date. For avoidance of doubt this expiration date occurs annually at the end of the calendar year (December 31st)
3. .
  The Company may offer additional services through the Platform. Each additional service may have its own terms of service that are available on the Platform (“Additional ToS”). By using any additional service, You agree to be bound by this ToS and the applicable Additional ToS. If there is any conflict between these ToS and the Additional ToS, the Additional ToS shall prevail with respect to the use of that additional service.
Platform Access and Authorized User
1. .
  During the configuration and set-up process for the Platform, the Customer will identify an administrative user name and password for the User’s account with the Company (“Account”). During registration, You need to provide Your full legal name, a valid email address, phone number, and any other required information. The Company shall reserve the right to refuse registration of or cancel usernames and passwords or delete accounts as it deems inappropriate.
2. .
  You must be at least the age of majority according to the applicable law to be the Platform User. By using the Services, You represent and warrant that You are at least the age of majority according to the applicable law to be the Platform User.
3. .
  You acknowledge that Noctua will use the email address You provide during Account registration or as updated on the Platform as the primary communication for Noctua to reach You ("Primary Email Address"). You must monitor the update of the Primary Email Address and ensure it can send and receive messages. Only emails from Your Primary Email Address will be considered authenticated communication with Noctua.
Confidential Information
1. .
  Both Parties undertake, except as provided below, to treat as confidential and keep secret all information marked “confidential” or which may reasonably be supposed to be confidential, including, without limitation, information contained or embodied in Platform and other information supplied by a Party to the other pursuant to this ToS (collectively, “Confidential Information”) with the same degree of care as it employs with regard to its own confidential information of a like nature and in any event in accordance with best current commercial security practices, provided that this Article is not extended to any information which was rightfully in the possession of either Party prior to the commencement of the negotiations leading to this ToS or which is already public knowledge or become so at future date (otherwise than as a result of a breach of this Clause). Confidential Information will include, but not be limited to, any data or information, oral or written, treated as confidential that relates to either Party’s (or, its Affiliates or if either Party is bound to protect the confidentiality of any third party’s information, such third party’s) past, present, or future research or development activities, including any unannounced products and services, any information relating to developments, Documentation (in whatever form or media provided), inventions, processes, plans, financial or due diligence information, personal, identifiable data of End-Users, the financial terms of the ToU, the company structure and shareholder of each Party.
2. .
  Notwithstanding the foregoing, Confidential Information shall not be deemed to include information if: (i) it was already known to the receiving party prior to the effective date of the ToU, as established by documentary evidence; (ii) it is in or has entered the public domain through no breach of the ToU or other wrongful act of the receiving party; (iii) it has been rightfully received by the receiving party from a third party and without breach of any obligation of confidentiality of such third party to the owner of the Confidential Information; (iv) it has been approved for release by written authorization of the owner of the Confidential Information; or, (v) it has been independently developed by a party without access to or use of the Confidential Information of the other party.
3. .
  Both Parties will not without the prior written consent of the other Party divulge any part of the Confidential Information to any person except:
  1. .
    to their own employees or advisors and then only to those employees or advisors who need to know the same, provided that such persons are made aware before the disclosure of any part of the Confidential Information that the same is confidential and that they owe a duty of confidence to the other Party to keep the Confidential Information confidential; or
  2. .
    to a court of competent jurisdiction, governmental body or applicable regulatory authority and any other persons or bodies having a right, duty or obligation to know the business of the other Party and then only in pursuance of such right duty or obligation.
4. .
  Notwithstanding Article 5.3 above, Noctua will be entitled to make disclosure, including but not limited to, transferring outside of Singapore, of the Confidential Information to its Affiliates and/or any other third party, on a need-to-know basis in order to provide the Services, provided that such persons must treat the information as confidential and use the same only for the intended purposes.
5. .
  Each Party must promptly notify the other Party if it becomes aware of any breach of confidence by any person to whom it divulges all or any part of the Confidential Information and will give the other Party all reasonable assistance in connection with any proceedings which the other Party may institute against such person for breach of confidence.
6. .
  Upon request, each Party will return or destroy the other Party's Confidential Information, provided that Noctua and the persons to whom Noctua disclosed information pursuant to Article 5.4 will be entitled to retain certain Confidential Information which they deem necessary for legal compliance purposes. Each Party further agrees that where deletion of electronic copies of the data is not reasonably possible due to system limitations, the Party will, at a minimum, perform data anonymization of such Confidential Information.
7. .
  The foregoing obligations as to confidentiality will remain in full force and effect notwithstanding any termination of this Agreement.
Virtual Items
1. .
  During your use of the Service, you may acquire the license of, by purchasing with real-world currency or otherwise, virtual currency, points, coins, tokens, virtual in-Game items (including without limitation downloadable content), achievements, progressions, or access to additional features, level, characters, maps or other content (collectively, "Virtual Items"). Such Virtual can only be used for your own benefit within the Game, are of no monetary value and cannot be redeemed for cash or in-kind, sold or otherwise transferred. All Virtual Items are licensed to you rather than sold to you. You do not own or otherwise have proprietary rights of such Virtual Items. We will provide you the access to the Virtual Items for a period of at least one (1) month from the date of purchase, after which, we may, in our sole discretion at any time, terminate the licenses of such Virtual Items or any of the Services under the ToU.
Intellectual Property
1. .
  The Company shall reserve the right to all title interest. The Company shall retain all the Intellectual Property of the Services, including all documentation, modifications, improvements, upgrades, derivative works, and all other Intellectual Property rights in and to the Platform or its Services, including but not limited to Company's name, logos, and trademarks reproduced through the Service. Users are granted a license to use the Platform, not ownership. This Agreement does not constitute a sale of any rights in the Platform. Additionally, User acknowledges and agrees that they have no ownership or other property interest in any Platform content, and all rights in and to such content (including content based on Noctua Content) are and shall forever be owned by Noctua and its licensors.
2. .
  Customer hereby grants the Company a non-exclusive, transferable, sublicensable, worldwide, and royalty-free license to use and otherwise exploit (i) Customer data to provide the Services to Customer hereunder and as necessary or useful to monitor and improve a Platform and Services, both during and after the Term, and (ii) Customer information for any lawful purpose. To avoid any doubt, the Company shall use, reproduce and disclose Platform and Services-related information, data, and material that is anonymized, de-identified, or otherwise rendered not reasonably associated or linked to Customer, all of which information, data, and material, will be owned by Company. It is Customer’s sole responsibility to back-up Customer data during the Term, and Customer acknowledges that it will not have access to Customer data through Company or any Platform following the expiration or termination of this ToU.
3. .
  Customer acknowledges and agrees to give Noctua permission to use Customer’s name, logo, and trademark on Noctua’s website, Platform, or other media as applicable, for marketing purposes.
4. .
  Nothing in this Terms is construed as a form of transfer of intellectual property rights created, registered, and developed by Noctua and third parties as Services providers for the Platform. You only buy a license from Noctua and third parties as Services providers for the Platform to get permission from the Noctua to be able to install or use the Services provided by the Platform, You do not buy the ownership of the Platform. Subject to these Terms, You are hereby granted a non-exclusive, personal, non-transferable, non-sublicensable, revocable limited license to access and use the Services solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Noctua reserves all rights not expressly granted herein in the Services. You acknowledge and agree that Noctua may terminate this license at any time for convenience subject to applicable law.
5. .
  The Game offered through the Platform are licensed to You, not sold. You do not own the Game or any proprietary rights in them. We grant you access to the Game, but we reserve the right to terminate your licenses to the Game or any of the Services under this ToU at any time, in our sole discretion.
Transactions
1. .
  Transactions on the Platform are not an obligation but an option. Noctua never forces Users to make any transactions to use thePlatform
2. .
  Transactions within the Platform are made for the purchase of in game currency and items that Users use in the Game.
3. .
  When making transactions, the User agrees to use the currency and payment method set by Noctua.
4. .
  Transactions can be done through the Payment Channels Partner by :
  1. .
    Redeeming or consuming prepaid mobile credits issued by your mobile network operator;
  2. .
    Having the value of such purchase added to your postpaid mobile bill issued by your mobile network operator; or
  3. .
    Using one of the other payment options offered by Noctua’s Payment Channels Partners, such as e-wallets, voucher redemptions, over-the-counter payments at participating convenience stores, credit cards, and bank transfers.
  4. .
    For credit card or bank transfer payments, any banking or credit card details that you provide are collected directly by the Payment Channels who are the relevant banking institutions, card issuers, or card aggregators. These details are not collected, stored, or processed by Noctua.
5. .
  When making transactions on the Services provided in the Platform, User agreed that:
  1. .
    User responsibility to read, understand, and approve information or descriptions about the Services (including but not limited quality, function, etc.) prior to making an offer or commitment to make a purchase.
  2. .
    Users cannot transfer any in-game currency or items that have been purchased by User to other Users, except otherwise allowed by Noctua which will be informed through the Platform or the Primary Email Address.
6. .
  You are required to make a payment within the time limit set by Noctua after you check out. If within that time limit the payment has not been made by you, Noctua has the authority to cancel the transaction. You have no right to make a claim or demand for cancellation of the transaction.
7. .
  Refunds from the Platform to the User can only be made if in the following certain circumstances:
  1. .
    Overpayment from the User for in game currency or items purchased, which is dictated by Noctua’s internal policy.
  2. .
    The item or in-game currency that the User purchased is not received at all by the User within a period exceeding 1x24 hours (one day) from the date the User made the payment for such related purchase.
8. .
  The abovementioned refund shall only be made if it is requested by the Platform User with a detailed description of the circumstances and the required proof (which may be requested by Noctua from time to time), through the Company customer support on [email protected], and the decision on whether the purchase is refundable shall only be decided based on Noctua sole discretion.
Your Responsibilities
1. .
  As a condition of using Services, You agree to provide accurate, complete, and up-to-date information to the Platform at the time of submission. You further agree to promptly notify Noctua of any changes to ensure ongoing accuracy
2. .
  You are responsible for securing Your password. Company is not liable for any loss or damage resulting from Your failure to maintain the security of Your Account and password. Noctua may request additional security measures at any time and reserve the right to modify these requirements at our discretion
3. .
  You agree not to duplicate, copy, reproduce, sell, resell, or exploit any part of the Service, use of the Services, or access to the Services without Noctua's express written permission
4. .
  You agree that the Platform and Game, in whole or in part, may not be copied, reproduced, altered, modified, distributed, reverse engineered, decompiled, disassembled, or otherwise tampered with, or used with any tools to enable disabled features, without Noctua's prior written consent.
5. .
  The Customer shall immediately notify the Company of any violation of any of the ToU foregoing upon becoming aware of such violation.
Subscription
1. .
  Noctua may offer you the opportunity to purchase, order or download subscriptions that provide access to particular Services for a specified period of time by paying a certain amount of Fees that have been set by and using the payment method along with certain currencies set by the Platform. Any costs incurred in connection with the use and subscription facilities provided by the Platform, are fully incurred and are your responsibility. Noctua does not impose the withdrawal of any fees on you for using the Platform. Noctua may add new Services for additional fees and charges, or amend fees and charges for existing Services, at any time, but Noctua will notify you before any such change comes into effect. Subscriptions will be renewed automatically unless the User cancels the subscription.
Limitation of Liability
1. .
  In no event shall the Company:
  1. .
    have liability arising out of or related to this ToU, whether, in contract, tort or under any other theory of liability exceed in the aggregate of the total fees paid or owed by the Customer hereunder during the three (3) months preceding the date of the event giving rise to the claim (such amount being intended as a cumulative cap and not per incident).
  2. .
    have any liability to the other for any lost profits or revenues or any indirect, incidental, consequential, cover, special, exemplary, or punitive damages, however caused, whether, in contract, tort, or under any other conditions of liability.
2. .
  The Company shall not bear any liability to the Customer arising out of or in connection with Customer use of Third Party Links or the content contained therein. By accessing Third Party Links, You acknowledge and agree that the Company is not obligated to review or assess the content, accuracy, completeness, timeliness, validity, compliance with copyright laws, legality, decency, quality, or any other aspect of such materials at Third Party Links. The Company does not provide any warranties or endorsements for such Third Party Links, nor does it assume or accept any liability or responsibility to You or any other person for any Third Party Links or for any other materials, products, or services offered by third parties. The Company is not responsible for the content, updates, or privacy practices of third-party operators of Third Party Links. Your decision to share personal information with such third parties is not governed by the Company's privacy policies. You expressly agree that Your use of Third Party Links is at Your sole risk.
3. .
  The foregoing limitations and disclaimers shall not apply to the extent prohibited by applicable law.
Indemnification
1. .
  The Customer agree to indemnify and hold harmless the Company, its respective Affiliates, employees, and permitted successors and assigns against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or amount, which result from the negligence of or breach of this ToU by the Customer, its respective Affiliate or successors and any assign that occurs in connection with this ToU. This Article remains in full force and effect even after the termination of the ToU.
Termination
1. .
  The term of these ToS will begin on the start date of Your use of any of the Service or on the date that Your Account has been created, whichever occurred earlier, and continue until terminated by Noctua or by You, as provided below (the “Term”).
2. .
  You may cancel Your Account and terminate the ToU at any time by contacting Company at [email protected] with the subject “Terminate My Account” and then following the specific instructions indicated to You in Company’s response.
3. .
  Noctua may, in its sole discretion and without liability to you, with or without cause, in particular if you do not comply with these Terms of Use, with or without prior notice and at any time: (i) terminate your access (whether restricted or not) to the Platform in whole or in part; and (ii) deactivate or delete your account and all related information and files in your account, including if:
  1. .
    You have breached any of these Terms;
  2. .
    You fail to pay any correctly billed charges when due;
  3. .
    We are unable to verify or authenticate any information you provide to us; or
  4. .
    there is suspicious activity that Noctua finds in your account that could result in financial loss or legal liability to you, our users, or us.
4. .
  Upon termination of the Services by either party for any reason, Company will cease providing You with the Services and You will no longer be able to access Your Account, Company reserves the right to issue a refund to the Customer for any payments made, due revenue, or remaining balance on the Customer's Account, at the Company's sole discretion. This decision will be made on a case-by-case basis, considering factors like the Customer's account history, the reason for the refund request, and the Company's internal policies. If a refund is granted, it will be processed within a reasonable timeframe. However, the Company also retains the right to refuse a refund for any reason whatsoever.
5. .
  The Customer hereby acknowledges and agrees that the suspension and/or termination of the Account and/or any rendered services as specified in this ToU, shall not be deemed a material breach of this ToU.
Applicable Law
1. .
  This Agreement shall be governed by and interpreted in accordance with the laws of Singapore. Any dispute arising out of or in connection with this ToU, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. .
Miscellaneous
1. .
  Notices: Any notice required to be given to the Customer shall be delivered by email to the specified Primary Email Address.
2. .
  Waiver and Severability: Noctua failure in exercising or enforcing any right or provision of this ToU will not constitute a waiver of such right or provision. If any provision of this ToU, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the ToU will remain in full force and effect.
3. .
  Additional Disclaimer: Noctua does not promise that its services are always reliable, accurate, complete, or perfect. You use them at Your own risk. Noctua provides the website and Services "as is" and doesn't guarantee anything specific, including that they will work for Your exact needs or be free of legal issues. For avoidance of doubt, Noctua doesn't guarantee results, uptime, error-free operation, or freedom from viruses. Errors or errors bugs that occur in the Platform system are very possible to occur at any time, there may be times when the services are unavailable due to internet issues, problems on Your end, scheduled maintenance, or unforeseen events beyond Noctua’s control (like emergencies, natural disasters, or internet outages in Noctua’s or Your area). Noctua makes every effort to correct any errors or errors that occur in the Platform system.
4. .
  ToU Translation: This ToU may be translated in one (1) or more languages. To the extent of any inconsistencies or conflicts between these English versions of the ToU and ToS available in another language, the most current English version of the ToU at Customer Service will prevail. Any dispute arising out of this ToU shall be resolved in English otherwise determined by Noctua (acting in its sole discretion).
5. .
  Legal and Binding: These ToU are legal and binding between Noctua and Customer as stated above.
6. .
  Entire Agreement: This ToU, including the documents it incorporates by reference, constitute the entire agreement between You and Noctua and govern the use of Services and Your Account by You, superseding any prior agreements between You and Noctua (including, but not limited to, any prior versions of the ToU).
7. .
  Effect of Termination: On termination, all related rights and obligations under this ToS immediately terminate, except that:
  1. .
    You will remain responsible for performing all of Your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and
  2. .
    any provisions of these ToU which are expressly or by their nature should continue in force after such termination or expiration, will survive the termination or expiration of the ToU.
8. .
  Infringement: If You believe that any material or content distributed by Noctua constitutes copyright infringement, please provide Noctua with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work that You claim has been infringed; (c) identification of where, within the Platform, the offending material is located; (d) Your address, telephone number and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. The above information should be submitted to Noctua at: [email protected].