Terms of service

Please read our terms of service before using SwedishGames.com

Written byIn effectSwedishGames.com staffMarch 25, 2018

TERMS OF SERVICE

Your use of and access to this website, application, and associated data (collectively, the SwedishGames.com Property” as more fully defined in Section 2.1 below) is subject to these terms and conditions (“Terms”). You hereby accept these Terms by using or accessing the SwedishGames.com Property.

1. ACCEPTANCE OF TERMS

These Terms are entered into by and between you and Devkittens AB and/or, at Devkittens AB's discretion, one or more of its affiliates (“SwedishGames.com”). If you are using the SwedishGames.com Property on behalf of your employer, you accept these terms on your and your employer's behalf (and any reference to “you” or ”your” includes your employer) and represent and warrant that you are authorized to accept these Terms on your employer's behalf, and that your employer agrees to indemnify you and SwedishGames.com for violations of these Terms. If you do not agree to all of the terms herein or are dissatisfied with the SwedishGames.com Property, your sole remedy is to stop using the SwedishGames.com Property.

2. DESCRIPTION OF SWEDISHGAMES.COM PROPERTY

2.1 The term “SwedishGames.com Property” means this website and any and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages and other materials, products, services or technology owned by SwedishGames.com or its affiliates, licensors, partners or end users or made available to you by SwedishGames.com directly or indirectly (e.g. on SwedishGames.com Property, via hyperlinks or otherwise). SwedishGames.com controls and operates SwedishGames.com Property from various locations and makes no representation that the SwedishGames.com Property is appropriate or available for use in any or all locations. SwedishGames.com Property may not be available in your location, and SwedishGames.com Property may vary among locations. Upgrades, updates, maintenance and support of SwedishGames.com Property are provided by SwedishGames.com at its sole discretion.

2.2 Subject to these Terms, SwedishGames.com hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the SwedishGames.com Property as intended and permitted by SwedishGames.com solely for your use. You agree not to access or use the SwedishGames.com Property through any interface other than the one provided by SwedishGames.com for such access and use. No other use is permitted without the prior written permission of SwedishGames.com. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms.

2.3 As between you and SwedishGames.com, SwedishGames.com and its affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the SwedishGames.com Property including, without limitation, any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations. You receive no ownership rights or other rights in the SwedishGames.com Property (other than rights to use SwedishGames.com Property as expressly permitted in and subject to these Terms) and shall not, and shall ensure your employer, employees, agents and affiliates do not, directly or indirectly contest SwedishGames.com’s ownership of the SwedishGames.com Property.

3. YOUR OBLIGATIONS AND CONDUCT

3.1 In consideration of your use of the SwedishGames.com Property, you agree to: (a) provide accurate, current, and complete information about you on any registration form, if any, and in your SwedishGames.com account, if any, and on the SwedishGames.com Property (the "Registration Data"); (b) maintain the security of your password and identification, if any; (c) maintain and promptly update the Registration Data, and any information you provide to SwedishGames.com, to keep it accurate, current and complete; (d) comply with these Terms and all applicable laws, rules and regulations; and (e) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and for any equipment, hardware, software, infrastructure, internet connections, technology and other services you use to access or otherwise use in connection with the SwedishGames.com Property. You are responsible for all activities that occur using your password, user names and/or SwedishGames.com account, regardless of whether such activities are undertaken by you or a third party.

3.2 You are entirely and exclusively responsible for all information that you upload, display on, post or otherwise transmit via the SwedishGames.com Property. You agree not to upload, post or otherwise transmit via the SwedishGames.com Property information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to SwedishGames.com or other users of the SwedishGames.com Property; (b) includes unauthorized disclosure of personal information or violates any laws, rules or regulations; (c) violates or infringes anyone's intellectual property, publicity or other rights or is tortious; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. SwedishGames.com reserves the right to edit or remove any information that violates these Terms or that contains third-party commercial advertisements.

3.3 You agree that you will not use the SwedishGames.com Property to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be SwedishGames.com or someone else, or spoof SwedishGames.com’s or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the SwedishGames.com Property or normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the SwedishGames.com Property; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including, but not limited to, attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect, store or provide to SwedishGames.com any personal data about other users unless specifically authorized in writing by such users and SwedishGames.com.

4. YOUR CONTENT

Unless otherwise stated herein, or in SwedishGames.com’s Privacy Policy, any content, ratings, feedback, preferences or other information or property you provide to SwedishGames.com (including, without limitation, on or in connection with the SwedishGames.com Property) shall be deemed to be provided on a nonconfidential basis. SwedishGames.com shall be free to use or disseminate any and all such content on an unrestricted basis for any purpose, and you grant SwedishGames.com and all other users of the SwedishGames.com Property an irrevocable, perpetual, worldwide, royalty-free, nonexclusive license to use, reproduce, combine, modify, distribute, transmit, display, perform, adapt, sell and publish such content on an unrestricted basis for any purpose. You represent and warrant that you have proper authorization to grant the foregoing licenses and rights, including, without limitation, the grant of rights for the worldwide transfer and processing among SwedishGames.com, its affiliates, and third-party providers of any information and content that you may provide via the SwedishGames.com Property. SwedishGames.com is not directly or indirectly responsible or liable for and shall have no obligations with respect to any content you provide to SwedishGames.com or place on the SwedishGames.com Property, including, without limitation, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content by any party.

5. CONTENT PROVIDED VIA LINKS AND THIRD PARTY CONTENT

You may find third party content and/or links to third party Internet sites or resources in or on the SwedishGames.com Property. You acknowledge and agree that SwedishGames.com is not responsible for activities of third parties or the availability of such content or external third party sites or resources, and SwedishGames.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or from third parties. SwedishGames.com will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services.

6. INDEMNITY

You agree to indemnify and hold SwedishGames.com and its subsidiaries, affiliates, licensors, partners and suppliers and their respective shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employees and representatives harmless from any claims made or brought by a third party, including, without limitation, lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, expenses or demands, reasonable attorneys' fees, due to, relating to or arising out of your content, property or any information or materials you provide or provided to SwedishGames.com, use of or access to SwedishGames.com Property by you and/or your affiliates, shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employers, employees and representatives (including, without limitation, any use on behalf of your employer or any third party), your violation of the Terms, or your violation of any rights of another.

7. NOTICES; MODIFICATION AND TERMINATION OF SwedishGames.com PROPERTY

SwedishGames.com may provide notice to you via email, regular mail, or posting notices or links to notices via the SwedishGames.com Property. SwedishGames.com and its designees reserve the right to, at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate the SwedishGames.com Property (or any part thereof or related information or files), and/or your use of or access to the foregoing, with or without notice and in its sole discretion. If you breach these Terms, these Terms and any and all of your rights to use or access SwedishGames.com Property shall immediately and automatically cease and terminate. SwedishGames.com will not be liable to you or any third-party for any deletion, modification, limitation, suspension, or termination of the SwedishGames.com Property (or any part thereof or related information or files), or loss of related information.

8. ADVERTISEMENTS AND PROMOTIONS

SwedishGames.com may run advertisements and promotions on the SwedishGames.com Property, including, without limitation, on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than SwedishGames.com found on or through the SwedishGames.com Property, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or company. SwedishGames.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements or promotions on the SwedishGames.com Property. You may opt out of use of your non-personal data by certain of our vendors by following the link to the DAA's Consumer Opt-Out Page at www.aboutads.info.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 You must not modify, decompile, or reverse engineer any software SwedishGames.com discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms or digital rights management systems.

9.2 “SwedishGames.com Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations SwedishGames.com uses in connection with its products and services. You agree to comply with SwedishGames.com’s trademark and logo usage requirements as may be in effect from time to time. You may not use, remove or alter any SwedishGames.com Trademarks, or co-brand your own products or material with SwedishGames.com Trademarks, without SwedishGames.com’s prior written consent. You acknowledge SwedishGames.com’s rights in SwedishGames.com Trademarks and agree that any use of SwedishGames.com Trademarks by you shall inure to SwedishGames.com’s sole benefit. You agree not to incorporate any SwedishGames.com Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.

9.3 SwedishGames.com is committed to respecting others' intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on SwedishGames.com Property, please contact our Copyright Agent in accordance with our Copyright Policy which is available here and incorporated into these Terms.

9.4 Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any SwedishGames.com Property or any other product, content, technology, intellectual property or service of SwedishGames.com or its affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use SwedishGames.com Property on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of SwedishGames.com or its affiliates, licensors or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from SwedishGames.com or its affiliates, licensors or partners.

10. DISCLAIMER OF WARRANTIES

10.1 YOUR USE OF THE SWEDISHGAMES.COM PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL ADVERTISEMENTS AND OTHER CONTENT, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. SWEDISHGAMES.COM AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, CUSTOMERS AND PARTNERS SHALL HAVE NO DIRECT OR INDIRECT LIABILITY OR RESPONSIBILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE SWEDISHGAMES.COM PROPERTY. THE SWEDISHGAMES.COM PROPERTY IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. SWEDISHGAMES.COM DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SWEDISHGAMES.COM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, AVAILABILITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SWEDISHGAMES.COM PROPERTY.

10.2 SWEDISHGAMES.COM MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SWEDISHGAMES.COM PROPERTY WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SWEDISHGAMES.COM PROPERTY WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE; (C) THE QUALITY OF ANY SWEDISHGAMES.COM PROPERTY OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SWEDISHGAMES.COM PROPERTY WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS OR DEFECTS IN THE SWEDISHGAMES.COM PROPERTY WILL BE CORRECTED.

10.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SWEDISHGAMES.COM PROPERTY (INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY CHANGES TO SWEDISHGAMES.COM PROPERTY), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SWEDISHGAMES.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SWEDISHGAMES.COM PROPERTY, EVEN IF SWEDISHGAMES.COM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SWEDISHGAMES.COM PROPERTY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SWEDISHGAMES.COM PROPERTY; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (D) DEATH OR PERSONAL INJURY OR (E) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE EXTENT THAT THE APPLICABLE LAWS OF ANY JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DEATH OR PERSONAL INJURY, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXCLUSION OF STATUTORY RIGHTS OR DAMAGES FOR FRAUDULENT MISREPRESENTATION, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, BUT ONLY TO THE EXTENT THAT THE EXCLUSION OR LIMITATION IS NOT ALLOWED BY APPLICABLE LAWS.

12. SWEDISHGAMES.COM’S PRIVACY POLICY

You consent to the collection, processing and storage by SwedishGames.com of your personal information, if any, in accordance with the terms of SwedishGames.com’s Privacy Policy, which is available here and incorporated into these Terms. You agree to comply with all applicable laws, rules and regulations, and the terms of SwedishGames.com’s Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with the SwedishGames.com Property.

13. GENERAL TERMS

13.1 The Terms constitute the entire agreement between you and SwedishGames.com relating to the subject matters herein, and cancel and supersede any prior versions of the Terms. No modifications made by you to the Terms will be binding on SwedishGames.com unless in writing and signed by an authorized SwedishGames.com representative. SwedishGames.com reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice. SwedishGames.com may notify you of any such changes solely by changing these Terms and making them available on this website. Your continued use of the SwedishGames.com Property after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. You shall not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use SwedishGames.com or third-party products or services.

13.2 You agree that any material breach of Sections 3, 4, 5, 6, 9 and 10 of the Terms will result in irreparable harm to SwedishGames.com for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, SwedishGames.com will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if SwedishGames.com seeks such an injunction.

13.3 Controlling Swedish law govern any action related to the Terms and/or your use of the SwedishGames.com Property. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and SwedishGames.com agree to submit to the personal and exclusive jurisdiction of the courts in Gothenburg, Sweden.

13.4 The SwedishGames.com Property and products derived or obtained from the SwedishGames.com Property may be subject to the Swedish export laws, rules and regulations and the export or import laws, rules and regulations of other countries. You agree to comply strictly with all such laws, rules and regulations and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by Swedish or your local laws; (b) not use SwedishGames.com Property or anything derived from the SwedishGames.com Property to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide SwedishGames.com Property or anything derived from the SwedishGames.com Property to prohibited countries and entities identified in the Swedish export regulations.

13.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

13.6 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

13.7 In the event of a conflict between these Terms and any other agreements between you and SwedishGames.com, SwedishGames.com shall determine in its discretion which terms shall govern.

13.8 This English language version of these Terms governs your relationship with SwedishGames.com and any translations of the Terms into another language shall not be binding on SwedishGames.com.


 
  

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