These Terms of Service govern your use of our games, our websites and IOI Account (“our products”).
1. WHO CAN USE OUR PRODUCTS
1.1 Minimum requirements. You may use our products only if you can legally form a binding contract with us in compliance with these terms, any conditions governing your use of a third-party product, and all applicable laws. When you use our products, you must provide us with accurate and complete information. Using our products may include downloading software to your computer, phone, tablet, or other device. An internet connection and registration process may be required to use certain features of our products. You agree that we may automatically update that software, and these terms will apply to any updates.
1.2 Children. Any use or access by anyone under the age of 13 is not allowed. If you are based in the European Economic Area, you may only use our products if you are over the age at which you can provide consent to data processing under the laws of your country.
2. OUR LICENSE GIVEN TO YOU
2.1 License. Subject to these terms and our other policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our products. All rights not expressly granted are to the extent permitted by law reserved by us.
2.2 Limitations. You may not make any commercial use of our products, distribute our products, use our products on more than one personal device at the same time, reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works based our products, remove, disable or circumvent any security protections or any technical measures that control access to our products, remove, modify, deface or circumvent any proprietary notices or labels contained on or within our products, or create data or executable programs that mimic data or functionality in our products.
3. YOUR USE OF OUR PRODUCTS
3.1 User generated content. We allow you to create some content for some of our products. By creating or making anything available to us in our products, you grant us and our other users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your content on our products. We reserve the right to remove or modify your content, or change the way it is used in our products.
3.2 Retention of your content. We may keep the content you create for our products even after you deactivate or delete any of your accounts, and our users may continue to use this content.
We have high standards for security. However, while we work to protect your information associated with the use of our products, we cannot guarantee that an unauthorized third party will not defeat our security measures. Therefore, please keep your password secure and notify us immediately of any unauthorized use of your account.
5. USE OF INFORMATION
6. COPYRIGHT POLICY
We respect the intellectual property rights of others and we expect you to do the same. If you believe that any content provided by another user infringes any copyrights or trademark rights, please notify us immediately by sending a Digital Millennium Copyright Act (“DMCA”) notice to:
IO Interactive A/S
Gammel Moent 2-4
1117 Copenhagen, Denmark
Any notification should at least identify the infringing content and the infringed right. When we receive a DMCA notice, we may take any action that we deem appropriate.
We may terminate or suspend your right to access or use our products for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason. Upon termination, you continue to be bound by section 3, 8, 9, 10 and 11 of these terms.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE OR OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOURS OR OTHERS USE OF OUR PRODUCTS. IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR PRODUCTS ARE LICENSED AND WILL BE PROVIDED “AS IS”. YOU USE THEM AT YOUR OWN RISK. WE GIVE NO WARRANTIES OR GUARANTEES.
Nothing in this section 9 shall affect your statutory rights as a consumer which under the applicable law is not capable of exclusion or limitation
You agree to indemnify us, our affiliates and our officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including without limitation reasonable legal and accounting fees, in any way related to your use of our products and your breach of these terms.
11. DISPUTE RESOLUTION AND GOVERNING LAW
11.1 Dispute resolution. For any dispute you have with us, you agree to contact us and try to resolve the dispute. If we cannot settle the dispute informally, we each agree to resolve any dispute related to our products and to yours or others use of our products through binding arbitration. Any arbitration will be administered by the Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by the Danish Institute of Arbitration and in force at the time of such dispute. The place of arbitration shall be Copenhagen.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENSTATIVE PROCEEDINGS.
11.2 Governing law. These terms shall be governed by the laws of Denmark excluding Danish choice of law.
11.3 Statutory rights. NOTHING IN THIS SECTION 11 SHALL AFFECT ANY NON-WAIVEABLE STATUTORY RIGHTS THAT APPLY TO YOU.
12. GENERAL TERMS
12.1 Updates to these terms. We may update these terms from time to time, so please review them frequently on our websites. We will notify you before we make any material changes to this policy and give you the opportunity to review the revised policy before the changes take effect
12.3 The parties. These terms are a contract between you and IO Interactive A/S, Gammel Moent 2-4, 1117 Copenhagen, Denmark.
Last updated: May 2018