New Starbreeze Publishing AB, company registration number 559194-5471 having its registered address at Regeringsgatan 38, Stockholm, Sweden (“Starbreeze” or “We”) is a publishing company who – on the conditions set forth herein – makes available to you (“you” or “User”) proprietary digital content: games and/or entertainment content accessible through various platforms, including applications stores; any respective updates thereof, and any virtual items you purchase within our software (collectively, our “Software Product”).
ACCEPTING OF TERMS OF SERVICE
Application stores and platforms may provide their own legal documents that apply to your relationship with these stores and platforms.
In order to access and use the Software Product, you need to (1) be of legal age in your country and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.
OWNERSHIP AND LICENCE
Except for use of the Software Product as permitted herein, any other use of Software Product, or any respective parts is strictly prohibited and infringes our intellectual property rights and may subject you to civil and criminal penalties, including possible monetary damages. Rights to trademarks, Software Product and all associated content, are reserved to their respective owners and protected by Swedish and International copyright, design, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
We agree to enable you to contribute User generated content (“UGC”) – photos, music, and texts, and in exchange, when you contribute UGC to us, you expressly grant to us a non-exclusive, perpetual, royalty-free, worldwide, complete and irrevocable right to quote, use, reproduce, modify, transmit or by other ways communicate, create derivative works of, print, sublicense, publicly display and perform UGC, or any portion thereof, in any manner, on any medium, whether now known of hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant us all licenses, consents and clearances to enable us to use UGC for such purposes.
You will not receive any other license to use the above intellectual property rights except as expressly provided in these Terms of Service.
You may not use the Software Product to distribute viruses, trojans or similar programs.
SOFTWARE PRODUCT DEVELOPMENT AND UPDATING
We are constantly developing our Software Product in consideration of User interest, and therefore, we may replace, add or exclude, alter and modify our Software Product and their characteristics at any time. We are under no obligation to continue providing either support or updates for versions of a Software Product that are not up-to-date.
For reasons that include, but is not limited to, system security, stability, and player operability, we may need to update, create new versions of or otherwise enhance Software Product and accordingly, the system requirements to participate in Software Product may change over time. You consent to such automatic updating.
You understand that our introduction of various technologies may not be consistent across all platforms and that the performance of our Software Product may vary, depending on your hardware and other equipment.
FEES AND PURCHASES
You agree that we reserve the right to manage, regulate, control, modify and/or eliminate, game elements (which may, among other things, make Virtual Items substantially more valuable, effective or functional, or less valuable, effective or functional, more common or less common, or eliminated entirely) – for purposes including, but not limited to, gameplay. All Virtual Items remain our property.
RIGHT TO WITHDRAW
For information on how to exercise your withdrawal rights within the EU, please refer to the relevant platform store’s terms and conditions.
You agree that any UGC (including username, profile information etc.) created, submitted or in any other way used by you will not be harmful, abusive, obscene, inappropriate, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. Nor will it infringe any contractual or statutory obligation of you or us or in any other way entail fraudulent or illegal activities.
The agreement between Starbreeze and User runs for an indefinite term. Both parties may terminate the agreement with immediate effect, we by giving you notice, you by deleting the Software Product from your device. If applicable, your in-game progress and other Software Product related data will be stored in your platform account after you have deleted the Software Product and is made available to you by means according to that platform’s terms and conditions.
Either party may terminate the agreement for cause without giving notice. Grounds for such termination for cause include material breach of these Terms of Service. If you fail or we have strong grounds to believe that you have failed to comply with any of the provisions of these Terms of Service, we may – without notice – (i) terminate the agreement with you and delete your account and/or (ii) prevent your further access to the Software Product (or any part thereof).
We reserve the right to modify, suspend, or discontinue the Software Product (or any part thereof) at any time and we will not be liable to you or any third party, should it exercise such rights.
TECHNICAL DATA USAGE
You agree that we may collect and use technical data and related information, including but not limited to, technical information about your hardware, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Software Product. We may use this information to improve our products or to provide services to you, as long as it is in a form that does not personally identify you.
DISCLAIMER OF WARRANTY
The Software Product and any services related thereto are provided ‘as is’ without warranties of any kind. Your use of the Software Product is solely your responsibility and at your own risk. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, qualification for any particular purpose, suitability or accuracy of the Software Product.
Our Software Product may contain advertising of third-party products and services or other third party content. We disclaim any responsibility for such content.
We recommend you not to rely on the Software Product for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Software Product will not be available, due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Software Product, at our sole discretion. To the extent permitted under mandatory law we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms of Service or the inability to use the Software Product. We are not responsible to you for any third party claims made against you. Our total liability to you in connection with the Software Product, for any injuries, losses, and legal actions, shall under no circumstances exceed the commission fee charged by us on the transactions made by you through the Software Product.
INDEMNITY AND LIMITATION OF LIABILITY
You are liable for any damages inflicted on us, or any third party, due to your breach of these Terms of Service, including but not limited to the misuse of the Software Product and unfair marketing. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us in relation to your breach of these Terms of Service or other applicable law.
Should any UGC infringe a third party’s intellectual property right, you agree to immediately remove all infringing parts of the UGC and indemnify us from all damages, costs and expenses incurred by us as a result of such infringement.
CHANGE OF TERMS AND TERMINATION OF SERVICES
You have the right to terminate your user account and remove your content from the Service at any time and without prior notice.
We have the right to suspend your access to the Service with immediate effect if we have reason to believe that you are violating these Terms of service. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Service at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.
You may not assign or transfer any rights, obligations or licenses as provided in these Terms of Service. We may assign and transfer our rights under these Terms of Service without your consent and without notice to you.
APPLICABLE LAW AND DISPUTES
These Terms of Service shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
Any dispute or claim arising out of or in connection with these Terms of Service, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.
If any provision of these Terms of Service is held to be invalid or unenforceable, validity and enforceability of the remaining provisions shall not be affected.
Our failure to exercise, or delay in exercising, a legal right or remedy provided by these Terms of Service, or by applicable law, shall not constitute a waiver of our right or remedy.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE SERVICE (AS APPLICABLE) YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND GRANT US THE RIGHTS SET OUT HEREIN.