1. PROHIBITED USES
1.1. The Company provides Service to you only for personal, non-commercial and entertainment purposes. You agree not to violate terms and conditions set in this ToS. Violation of any criteria of this ToS may lead to temporary or permanent suspension of the Service in accordance with the terms and conditions set out herein. You agree to only use the Service, or any part of it, in a manner that is consistent with this ToS and you therefore agree that you shall not:
a. without written permission from us, use, advertise or exploit in any manner the any of the Service or any of its parts commercially, including but not limited to use at a cyber (Internet) café (or any other similar gaming center);
b. without a separate, additional license from the IN4VIC, use the Service or permit its use, on more than one computer, game console, handheld device or PDA at the same time;
c. use the Service, or permit its use, in a network, multi-user arrangement or remote access arrangement, including any online use, except as otherwise explicitly permitted by IN4VIC in writing;
d. make copies of any of the Service or any part thereof, except that you may make one (1) copy for backup or archival purposes;
e. remove, disable or circumvent any security protections or any technical measures that control access to the Game;
f. remove, modify, deface or circumvent any proprietary notices or labels contained on or within the Service;
g. create data or executable programs that mimic data or functionality in the Service;
h. steal and/or publish information from others (including but not limited to personal information, non-personal information and payment information);
i. impersonate us or our staff;
j. harm reputation of the Company, our affiliates, our service providers and licensors as well as the Service;
k. post, link to, advertise, promote, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive;
l. take advantage by exploiting others in any way;
m. use the Service as a manner that is related to gambling or any action that negatively impacts the delivery of the Service;
n. exploit errors and bugs found in the Service;
o. access or use the Service for any purpose that is illegal or beyond the scope of the Service’s intended use (in Company’s sole judgment);
p. use / develop / advertise / trade / distribute:
i. programs that intercept communication within the Service or among any of its parts;
ii. any unauthorized third party programs or hardware devices that may affect the Service or normal game play, including but not limited to, mouse, hacks, cheats, helpers, bots, scripts, trainers, automatic programs, automatic mouse, mouse with macro function, programs that collect or modify game data by reading the game memory.
q. disrespect or use offensive words towards others based on their race, gender, nationality;
r. create offensive nicknames or those that may provoke negative imagery;
s. team kill, which interferes normal team gameplay;
t. intentionally team up between players or other teams in ways that the Service`s systems do not presuppose in each game mode;
u. stalk other players from match to match;
v. manipulate the results of the game in an unfair way;
1.2. Any action which is not defined in this ToS that negatively impacts the delivery of the Service or negatively affects other players may be subject to warning and penalty through careful review of the circumstances. Furthermore, you agree that you shall abide by the safety information, maintenance instructions or other relevant notices contained in the manual that is included with the relevant parts of the Service.
2. ACCESSING THE SERVICE
2.1. As a general rule, the Service is accessible for 24 hours a day throughout the whole year.
2.2. Notwithstanding the provision of paragraph 1, IN4VIC will not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of IN4VIC, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials;
2.3. We may amend the Service or restrict access (including cancellation, termination, modification or suspension of a user’s license) from all or specific users without notice and liability. Additionally, the Service may be unavailable depending on geographic location.
3. OWNERSHIP
3.1. You agree and acknowledge that all title, ownership rights, and intellectual property rights connected to the Service and any of its parts, as well as any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation) are owned by IN4VIC or its licensors.
3.2. Any and all Player Content submitted to IN4VIC shall be deemed, and shall remain, the property of IN4VIC from the moment such Player Content is created.
3.3. We shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all Player Content of every kind and nature, in perpetuity throughout the world. To the extent that any of the above may be void or unenforceable, you agree that any and all Player Content is hereby irrevocably assigned to IN4VIC, together with all intellectual property rights therein. To the extent any of the Player Content is not assignable, by submitting Player Content to IN4VIC, you agree that we shall be irrevocably entitled, directly or indirectly throughout the world and in perpetuity, to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from and distribute any Player Content for any purpose whatsoever, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider or author of the Player Content. You also give up any claim that any use by IN4VIC of any Player Content violates any of your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
3.4. The Service, to the extent permitted by law and as is applicable, is protected by the intellectual rights laws of Sweden, international copyright and trademark treaties and conventions. All rights are reserved worldwide.
3.5. We have the ownership, licensing rights and all other rights to all content related to the Service. You have the right to use in-game data (items, game currency, etc) or similar content in the game in accordance with ToS. However, you do not own the copyrights and other rights about the in-game data you possess. You are not allowed to transfer, sell, donate, or attempt to trade virtual property outside of the game is not permitted except in the case of acquiring a written approval from IN4VIC and any actions violating ownership may be subject to penalty in accordance with ToS.
4. DISCLAIMERS & INDEMNIFICATIONS
4.1. By using the Service, you agree to defend, protect, indemnify and hold IN4VIC harmless from any claims, lawsuits, damages, losses, liabilities and expenses (including attorneys’ fees) arising out of or in conjunction to your use, misuse of the Service and violation of the IN4VIC’s policy. IN4VIC reserves the right to assume exclusive defense and control over all matters subject to indemnification by you.
a. IN4VIC shall be exempted from any liability for any interruption of the Service, the use of the Service, or termination of the EULA or this ToS between you and IN4VIC due to your fault.
b. IN4VIC shall be exempted from any liability if the telecommunications providers cease or fail to provide the telecommunication service.
c. IN4VIC shall be exempted from liability of any unavoidable reasons that caused Service failure, such as maintenance, replacement, regular inspection, construction, etc. unless there are intentional or material negligence of IN4VIC.
d. IN4VIC is exempted from liability for any problems caused by the your computer or problems related to the network environment without any intention or serious negligence of IN4VIC.
e. IN4VIC shall be exempted from liability for the contents of the information, data, facts, reliability, accuracy, etc. posted or transmitted by you or a third party in the Service.
f. You are solely responsible for your interactions with other users and/or third parties when using the Service. We may, at our sole discretion, attempt to mediate disputes between users, but we are not obliged to become involved or become liable in any way with such disputes.
g. In the case of Service provided free of charge by IN4VIC, we shall not be liable for damages unless there are intentional or material negligence of IN4VIC.
h. Some parts of the Service may be provided by other service providers, and we are exempted from liability of the damages caused by other services providers, unless there are intentional or material negligence of IN4VIC.
i. IN4VIC shall not be liable for when you fail to receive expected result of the in-game items and we are not liable for any loss involved when making selection or using the Service, unless there are intentional or material negligence of IN4VIC.
j. IN4VIC shall be exempted from liability for loss of in-game assets, items, BP, crates from you, unless there are intentional or gross negligence of IN4VIC.
k. IN4VIC may limit the use of the Service in accordance with the relevant laws, government policies, and will be exempted from any liability for the use of the Service caused by such limitations.
5. DISCLAIMER OF WARRANTIES
5.1. The Service is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. IN4VIC disclaims all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Service, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not IN4VIC knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
5.2. Some countries do not allow the disclaimer of implied warranties, and the foregoing disclaimer may not be applicable to you. This warranty gives you specific legal rights, and you may also have other legal rights that vary from state to state or from country to country.
6. LIMITATION OF LIABILITY
6.1. To the maximum extent permitted by applicable law, neither IN4VICnor any of IN4VIC’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Service or otherwise in connection with this ToS, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will IN4VIC nor any of IN4VIC’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this ToS or the Service, or the delay or inability to use or lack of functionality of any part of the Service.
7. PERIOD AND TERMINATION
7.1. This ToS is effective unless and until terminated by either you or IN4VIC.
7.2. We and you may terminate this ToS at any time without prior notice. Termination by IN4VIC will come into an effect immediately upon the termination or deletion of your account, which can occur at any time in IN4VIC’s sole discretion. You may terminate this ToS by not using the Service, and you must stop using any game that constitutes part of the Service and delete it immediately upon termination of ToS. Termination of the ToS by you or IN4VIC would not lead to IN4VIC`s obligation to provide you with any refund.
8. TRANSFER OF TERMS AND CONDITIONS/h1>
8.1. IN4VIC may assign any or all of these terms and conditions to any third party at any time. You shall not transfer these terms without IN4VIC’s prior written consent, and any transfer without written consent from us will not count
9. GRIEVANCE HANDLING AND DISPUTE RESOLUTION
9.1. The Company shall inform through the Service about the ways you can present your opinions or complaints considering the any of the inconveniences implied to you. We operate as a dedicated organization to handle your opinions and complaints.
9.2. If a dispute arises between IN4VIC and you and the Third Party Dispute Arbitration Body becomes involved in adjusting such grievance, we shall faithfully demonstrate the measures taken on the user, including restrictions of usage, and may comply with result of the arbitration.
10. GOVERNING LAW
10.1. This ToS shall be interpreted and governed by the laws of Sweden. All lawsuits related to this ToS are subject to the jurisdiction of the courts pursuant to relevant laws. Other laws may apply if you use the Service outside of Sweden. In such event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed as to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that applicable local law applies.
11. CLASS ACTION WAIVER
11.1. You agree not to participate in, including but not limited to, a class or representative action, private attorney general action, or collective arbitration related to the Service or this ToS. You also agree not to seek to combine any action or arbitration related to the Service or this ToS with any other action or arbitration without the consent of all parties to these Terms and all other actions or arbitration.
