Terms Of Service
Starbreeze AB, company registration number 556551-8932 having its registered address at Regeringsgatan 38, 111 53 Stockholm (“Starbreeze”, “we” or “us”) is a game development and 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 “Games”).
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 Games, 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 License
Except for use of the Games as permitted herein, any other use of Games, 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, Games 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 Game to distribute viruses, trojans or similar programs.
Game development and updating
We are constantly developing our Games in consideration of User interest, and therefore, we may replace, add or exclude, alter and modify our Games and their characteristics at any time. We are under no obligation to continue providing either support or updates for versions of a Game 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 Games and accordingly, the system requirements to participate in Games 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 Games may vary, depending on your hardware and other equipment.
Fees and in-Game purchases
Our Games may include the possibility to perform in-game purchases of virtual items by spending real money (“Virtual Items”). Means of payment may vary; depending on which application stores or platform you make your purchase in. Without prejudice to the section Right to Withdraw below, Virtual Items cannot be exchanged into real money or refunded.
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.
You hereby express consent and acknowledge your responsibility for any Internet connection fees incurred when you access or otherwise take part of our Games. Third-party transaction fees may apply to your in- game purchases.
Right to withdraw
For information on how to exercise your withdrawal rights within the EU, please refer to the relevant applications 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 Game from your device. Your in-game progress and other Game related data will be stored in your account after you have deleted the Game and is made available to you by means of a device number – kept by us – linking your account to the device on which you have previously downloaded the Game. Should you use a different device from the one on which you originally downloaded the Game, you will have to create a new account. The in-game progress and other Game related data on your previous account can be synched with your new account if you use certain social networks (for example Facebook) to access your account with us.
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 you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) prevent your further access to the Game (or any part thereof).
We reserve the right to modify, suspend, or discontinue the Game (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 device, 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 Games. 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 Game and any services related thereto are provided ‘as is’ without warranties of any kind. Your use of the Game 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 Game.
Our Games 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 Game 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 Game 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 Game, 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 Game. We are not responsible to you for any third party claims made against you. Our total liability to you in connection with the Game, 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 Game.
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 Game 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.