Terms of Service
APPROPE TERMS OF SERVICE
Effective Date: 2017-06-15
- User conduct
- Liability and indemnity
- Disclaimer of warranties
- Third party Services
- Intellectual property
- Entire agreement
- Applicable law and disputes
- Contact details
These terms of service (the “Terms”) apply to your use of the Apprope websites (including but not limited to http://apprope.com/), applications, mobile games, and any services related thereto (the “Services”), provided by Apprope AB, Reg. No 556899-3967, a company duly incorporated and organised under the laws of Sweden, having its registered address at Box 2006, 103 11 Stockholm, Sweden (“Apprope”). By accessing and/or using the Services, you confirm that you have read and agree to be bound by the Terms. If you are between 13 and 18 years of age, you hereby agree that your legal guardian has read these Terms and agree that you are bound by the Terms.
Apprope’s services consist of e.g. mobile applications for interactive games. By accepting these Terms, Apprope grants to you a non-exclusive, non-transferable, non-sublicensable, and limited right to access and use the Services for your own private purposes only, provided that your use is in accordance with these Terms.
You acknowledge that you are fully responsible for the internet connection and/or mobile charges that you may incur for using our Services. Please consult your carrier, mobile operator, etc. for further information.
2. User conduct
Certain rules must be complied with in order to maintain the integrity of the Services and to promote the user experience. You may only use the Services if:
- you are thirteen (13) years of age or above (regardless if any third party platform has set a lower age rating for our Services);
- you agree to use the Services for your own private purposes only and not for any commercial use, such as marketing or sale of goods or the Services;
- you agree that you will only send, upload, communicate, transmit or otherwise make available Content that you own or otherwise are permitted to make available in the Services;
- you agree that you will not use another person or entity’s name or e-mail address when you use the Services;
- if you create a user account, you agree that you will only create one account per platform, provide your full name and a valid e-mail address through which Apprope will be able to contact you as well as any other step required in order to sign up for an account; you agree to keep your login details to your user account secure, which includes but is not limited to not disclosing your login details to anyone else or allowing someone else to use your login details or account; and you accept full responsibility for the activities carried out by the use of your account;
- you agree not to “harvest”, “scrape” or collect any personal information (such as user name and e-mail address) regarding other users of the Services without their consent;
- you agree not to decompile, disassemble or reverse engineer the Services or circumvent, deactivate or otherwise interfere with any technological measure or security-related feature of the Services; and
- you agree not to remove or amend any copyright or other proprietary notices.
You may terminate your account and use of the Services at any time. Apprope may terminate the Terms and your use of the Services at any time with thirty (30) days’ prior notice. You agree that Apprope immediately may terminate your account and use of the Services if you breach these Terms. Apprope may also cancel unconfirmed accounts or accounts that have been inactive for a long time.
You hereby acknowledge that if either Apprope or you terminate your account, all your Content, including, but not limited to, any virtual currency or virtual goods associated with your account, will be made inaccessible.
You hereby acknowledge and agree that as soon as you start using the Services or make in-service purchases you waive any statutory cancellation rights that you might otherwise have had.
Upon your termination of your Account or your use of the Services, or by Apprope due to your breach of these Terms, you will not be refunded any prepaid subscription fees or any fees relating to unused virtual currency, if any. Upon termination by Apprope without cause, you will be refunded any prepaid subscription fees upon your written request, provided a receipt of such fees and a clear payment instruction are included in your request. However, you will in no event be refunded any fees relating to unused virtual currency.
4. Liability and indemnity
Nothing in these Terms excludes or limits Apprope’s liability for death or personal injury arising from Apprope’s negligence, or Apprope’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
Under no circumstances shall Apprope’s aggregate liability in connection with the Services or otherwise under these Terms exceed an amount corresponding to the greater of (a) SEK 500 (or the equivalent amount in your local currency), or (b) the aggregated fees which you paid to us in the 12 months prior to the action giving rise to the liability. Apprope including its partners, affiliates, contractors, officers, directors, employees and agents shall not be liable for any loss of profit, loss of data or any other indirect damages in connection with the Services or otherwise under these Terms.
You agree to indemnify and hold Apprope, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all claims, losses, liabilities, expenses and damages related to your breach of these Terms.
As a consumer you have special rights under mandatory consumer laws and regulations. Apprope does not intend to limit or alter such rights under these Terms. Further Apprope does not intend to impose a greater responsibility on you than you have under mandatory consumer laws and regulations.
5. Disclaimer of warranties
You agree that the Services are used at your own risk. Unless otherwise stated in these Terms, the Services are provided “as is” and Apprope disclaims, to the maximum extent permitted by law, any and all warranties, whether express or implied, relating to the Services, including but not limited to, accuracy, reliability, non-infringement or uninterrupted operation or access.
Apprope is entitled to assign any of its rights and obligations under these Terms without restriction.
Apprope may change the Services at any time, such as by adding or removing features or discontinuing the Services.
In addition, Apprope reserves the right to update or modify these Terms at any time. If Apprope makes any major modifications to the Terms, Apprope will notify you by revising the “Effective Date” at the top of these Terms, prominently posting an announcement of the changes through our Services, or sending an email to the email address you most recently provided Apprope (unless Apprope does not have such an email address) thirty (30) days prior to the new terms taking effect. Users are bound by any changes to the Terms when he or she uses the Service after notice of such changes have been communicated. Apprope encourages you to review the Terms regularly to ensure that you are familiar with Apprope’s current practices.
You may subscribe to Apprope’s premium features. Our Services may also include the possibility for you to purchase a limited license to use virtual currency and use of that money to purchase a limited license to use virtual goods in our Services. If you are between 13 and 18 years of age your subscription or purchase is valid only if your legal guardian has consented thereto. The fees Apprope charges for using the premium features, virtual currency or virtual goods are set forth in the relevant Service. Your purchase of the premium features, the virtual currency or the virtual goods may be subject to foreign exchange fees or differences in prices based on your location. You agree to pay us the applicable fees and taxes in accordance with the applicable third party payment and billing terms, based on the platform you are using, which are incorporated herein by reference. Apprope may change the fees from time to time by updating our Services. If you continue to use the Services after the new fees apply you accept the new fees. All fees are, except as otherwise expressly provided herein or as required by applicable law, non-refundable. Failure to pay the fees may result in suspension or termination of your account or use of the Services.
9. Third party Services
The Services may include links to third party services and/or third party services may be made available to you via the Services. These services are subject to respective third party terms and conditions. You are advised to read third party terms carefully as they constitute an agreement between you and the third party.
10. Intellectual property
You agree that all copyright, trademarks and other intellectual property rights relating to the Services are owned by Apprope or its licensors.
11. Entire agreement
These Terms and all policies posted on Apprope’s website represent the entire agreement between you and Apprope relating to the Services, and replace all earlier agreements and understandings between you and Apprope.
If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be adjusted and shall not affect the validity and enforceability of the remaining provisions.
When you use or interact with the Services and the other users of the Services you may elect to send, upload, communicate, transmit, or otherwise make available content, such as text, information on your geographical position and any other user generated content or information that you actively decide to provide (jointly “Content”), to us and/or other users of the Services. However, you agree that the Content you send, upload, communicate, transmit or otherwise make available:
- is true and does not constitute Content that is false or misleading;
- does not constitute any information likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;
- does not constitute an infringement of the intellectual property (including copyright), publicity or privacy rights of any third party or otherwise violate such third party’s rights;
- does not constitute information that you are not legally entitled to distribute (such as insider information or confidential information);
- does not contain any unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and
- does not contain software virus or any other technology that may harm the Services, or the interests or property of the Services or the other users of the Services.
Apprope appreciates the opportunity to be notified of any objectionable or unauthorised use of Content, and users, rights holders and licensees are invited to inform Apprope of any potential violations by sending an e-mail to us at email@example.com.
Apprope hereby reserves the right in its absolute discretion to remove any Content from the Services, but is not required to do so. Apprope does not review Content and is therefore not responsible for any third party Content or Content provided by you or information contained therein, made available or otherwise used in connection with the Services, and is not responsible for the deletion or loss of any Content.
In the event the Content you send, upload, communicate, transmit or otherwise make available gives rise to any intellectual or industrial property right (such as copyright), you thereby grant to Apprope an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sublicensable and fully transferrable right to use, copy, reproduce, change, modify, translate, transfer, make publicly available and/or perform such Content in relation to the Services. To the fullest extent permitted under applicable law, you waive your moral right to and/or in the Content. You acknowledge and agree that Apprope may share Content with Apprope’s partners and/or companies that Apprope cooperate with.
13. Applicable law and disputes
These Terms shall be governed by and construed in accordance with the laws of Sweden. Both parties agree that the courts of Sweden shall have non-exclusive jurisdiction to settle any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity of the Agreement.
14. Contact details
You may contact Apprope regarding these Terms or related questions as follows:
- By emailing Apprope at firstname.lastname@example.org
- By mail post to:
103 11 STOCKHOLM
On http://apprope.com/support/ you can find contact information regarding support.