TERMS OF SERVICE
Your use of and access to this website, application, and associated data (collectively, the “GameCompanies.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 GameCompanies.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 (“GameCompanies.com”). If you are using the GameCompanies.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 GameCompanies.com for violations of these Terms. If you do not agree to all of the terms herein or are dissatisfied with the GameCompanies.com Property, your sole remedy is to stop using the GameCompanies.com Property.
2. DESCRIPTION OF GameCompanies.com PROPERTY
2.1 The term “GameCompanies.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 GameCompanies.com or its affiliates, licensors, partners or end users or made available to you by GameCompanies.com directly or indirectly (e.g. on GameCompanies.com Property, via hyperlinks or otherwise). GameCompanies.com controls and operates GameCompanies.com Property from various locations and makes no representation that the GameCompanies.com Property is appropriate or available for use in any or all locations. GameCompanies.com Property may not be available in your location, and GameCompanies.com Property may vary among locations. Upgrades, updates, maintenance and support of GameCompanies.com Property are provided by GameCompanies.com at its sole discretion.
2.2 Subject to these Terms, GameCompanies.com hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the GameCompanies.com Property as intended and permitted by GameCompanies.com solely for your use. You agree not to access or use the GameCompaniues.com Property through any interface other than the one provided by GameCompanies.com for such access and use. No other use is permitted without the prior written permission of GameCompanies.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 GameCompanies.com, GameCompanies.com and its affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the GameCompanies.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 GameCompanies.com Property (other than rights to use GameCompanies.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 GameCompanies.com’s ownership of the GameCompanies.com Property.
3. YOUR OBLIGATIONS AND CONDUCT
3.1 In consideration of your use of the GameCompanies.com Property, you agree to: (a) provide accurate, current, and complete information about you on any registration form, if any, and in your GameCompanies.com account, if any, and on the GameCompanies.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 GameCompanies.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 GameCompanies.com Property. You are responsible for all activities that occur using your password, user names and/or GameCompanies.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 GameCompanies.com Property. You agree not to upload, post or otherwise transmit via the GameCompanies.com Property information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to GameCompanies.com or other users of the GameCompanies.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. GameCompanies.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 GameCompanies.com Property to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be GameCompanies.com or someone else, or spoof GameCompanies.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 GameCompanies.com Property or normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the GameCompanies.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 GameCompanies.com any personal data about other users unless specifically authorized in writing by such users and GameCompanies.com.
4. YOUR CONTENT
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 GameCompanies.com Property. You acknowledge and agree that GameCompanies.com is not responsible for activities of third parties or the availability of such content or external third party sites or resources, and GameCompanies.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. GameCompanies.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.
You agree to indemnify and hold GameCompanies.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 GameCompanies.com, use of or access to GameCompanies.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 GameCompanies.com PROPERTY
GameCompanies.com may provide notice to you via email, regular mail, or posting notices or links to notices via the GameCompanies.com Property. GameCompanies.com and its designees reserve the right to, at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate the GameCompanies.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 GameCompanies.com Property shall immediately and automatically cease and terminate. GameCompanies.com will not be liable to you or any third-party for any deletion, modification, limitation, suspension, or termination of the GameCompanies.com Property (or any part thereof or related information or files), or loss of related information.
8. ADVERTISEMENTS AND PROMOTIONS
GameCompanies.com may run advertisements and promotions on the GameCompanies.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 GameCompanies.com found on or through the GameCompanies.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. GameCompanies.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 GameCompanies.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 GameCompanies.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 “GameCompanies.com Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations GameCompanies.com uses in connection with its products and services. You agree to comply with GameCompanies.com’s trademark and logo usage requirements as may be in effect from time to time. You may not use, remove or alter any GameCompanies.com Trademarks, or co-brand your own products or material with GameCompanies.com Trademarks, without GameCompanies.com’s prior written consent. You acknowledge GameCompanies.com’s rights in GameCompanies.com Trademarks and agree that any use of GameCompanies.com Trademarks by you shall inure to GameCompanies.com’s sole benefit. You agree not to incorporate any GameCompanies.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 GameCompanies.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 GameCompanies.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 GameCompanies.com Property or any other product, content, technology, intellectual property or service of GameCompanies.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 GameCompanies.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 GameCompanies.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 GameCompanies.com or its affiliates, licensors or partners.
10. DISCLAIMER OF WARRANTIES
10.1 YOUR USE OF THE GAMECOMPANIES.COM PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL ADVERTISEMENTS AND OTHER CONTENT, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. GAMECOMPANIES.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 GAMECOMPANIES.COM PROPERTY. THE GAMECOMPANIES.COM PROPERTY IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. GAMECOMPANIES.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. GAMECOMPANIES.COM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, AVAILABILITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE GAMECOMPANIES.COM PROPERTY.
10.2 GAMECOMPANIES.COM MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE GAMECOMPANIES.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 GAMECOMPANIES.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 GAMECOMPANIES.COM PROPERTY OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE GAMECOMPANIES.COM PROPERTY WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS OR DEFECTS IN THE GAMECOMPANIES.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 GAMECOMPANIES.COM PROPERTY (INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY CHANGES TO GAMECOMPANIES.COM PROPERTY), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, GAMECOMPANIES.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 GAMECOMPANIES.COM PROPERTY, EVEN IF GAMECOMPANIES.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 GAMECOMPANIES.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 GAMECOMPANIES.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.
13. GENERAL TERMS
13.1 The Terms constitute the entire agreement between you and GameCompanies.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 GameCompanies.com unless in writing and signed by an authorized GameCompanies.com representative. GameCompanies.com reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice. GameCompanies.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 GameCompanies.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 GameCompanies.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 GameCompanies.com for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, GameCompanies.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 GameCompanies.com seeks such an injunction.
13.3 Controlling Swedish law govern any action related to the Terms and/or your use of the GameCompanies.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 GameCompanies.com agree to submit to the personal and exclusive jurisdiction of the courts in Gothenburg, Sweden.
13.4 The GameCompanies.com Property and products derived or obtained from the GameCompanies.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 GameCompanies.com Property or anything derived from the GameCompanies.com Property to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide GameCompanies.com Property or anything derived from the GameCompanies.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 GameCompanies.com, GameCompanies.com shall determine in its discretion which terms shall govern.
13.8 This English language version of these Terms governs your relationship with GameCompanies.com and any translations of the Terms into another language shall not be binding on GameCompanies.com.