1. USE OF 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 this Agreement, any conditions governing your use of a third-party product, and all applicable laws. When using 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 that this Agreement 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.
1.3 Account registration. Some features may require you to register an account with us (“IOI Account”). When registering for an IOI Account, you agree to the following: (i) you will not use a username or email address that impersonates or personally identifies another person or entity, (ii) you will provide and maintain accurate information, and (iii) you will not sell your IOI Account. We may suspend or terminate your IOI Account at any time and for any reason, including if we believe that you have violated this Agreement.
1.4 Customer service. For questions and other customer service requests, please visit ioi.dk/legal for more information about how to contact the relevant customer service.
2. OUR LICENSE GIVEN TO YOU
2.1 License. Subject to this Agreement 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 on 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. ACCOUNT REGISTRATION
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.
4. USE OF INFORMATION
5. 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, and 10 of this Agreement.
7. 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.
9. ADDITIONAL PROVISIONS
9.1 Unless prohibited by applicable law, you agree to resolve any dispute related to 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.
9.2 Law and venue. To the extent that a dispute is not subject to arbitration under Section 10.1 of this Agreement, and with the exception of any mandatory applicable laws of your country that apply to your benefit, you agree and acknowledge that this Agreement and any disputes arising from it shall be governed by Danish law and settled by the ordinary Danish courts.
9.3 Assignment. We may assign its rights and obligations under this Agreement in whole or in part to any person or entity at any time without notice to you. You may not assign this Agreement.
9.4 Indemnity. 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 this Agreement.
9.5 Updates and changes to this Agreement. We may update and change this Agreement from time to time, so please review it frequently on our website. We will notify you before we make any material changes to this policy and your continued use of our products after such notice will constitute your acceptance of any updates or changes to this Agreement.
Last updated: January 2021