Terms of Use Agreement - Resolution Account
TERMS OF USE AGREEMENT
Last Updated June 8, 2009
IMPORTANT! PLEASE READ CAREFULLY.
1. This is a contract between You and Resolution Interactive AB.
This contract covers your use of the Resolution Account and governs any of the related services, software, updates, support, download content and media that may be obtained via its use. We refer to any and all types of data or interactive service provided by the Resolution Account as the "Service". The Service is offered to you conditioned on your acceptance of all terms in this contract. By selecting "ACCEPT" below, you are representing that you are 18 years old (and have reached the "age of majority" if that is not 18 years of age where you live) and you are attaching your electronic signature to and agreeing to all terms in this contract, in its entirety, you must select "DECLINE" and discontinue your registration, and you will have no right to use the Service.
2. Additional Terms.
Certain games, content offerings, features, or events (for example, sweepstakes and tournaments) that are available via the Service may contain additional terms, codes of conduct, or guidelines that govern your use of those games or features, or your participation in those events (and we refer to all of theese, collectively, as "Additional Terms"). If any terms in this contract conflict with any Additional Terms, then the terms in this contract will control as applied to the Service and your legal relationship with Resolution Interactive AB. Nothing in any Additional Terms will increase our legal liability or change your relationship with us (unless we are the contracting party indentified in the Additional Terms, and we state, in the Additional Terms, our intent to modify the terms of this contract). The Additional Terms may, however, form an additional contract between you and a third party (for example, a third party that is offering content to you or sponsoring a tournament that you want to participate in). Any dealings between you and the third party, and your relationship with the third party may be governed by the Additional Terms. We do not endorse and will not be responsible or liable for any aspect of any such dealings.
Certain features of the Service may be made available to you through web sites, online services or applications operated by third parties. As above, your dealings with any of these third parties are solely between you and the applicable third party and may be governed by other terms or agreements that apply to those web sites and third party features and content. Your use of any part of the Service as accessed through a third party web site, however, is still governed by this contract - even if the terms or agreements applicable to such a third party web site states otherwise.
3. When You May Use the Service.
You may start using the Service as soon as you have finished the sign-up process. No withdrawal rights or other "cooling off" applies to the Service, and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your waiver and even when a Service starts right away.
4. How You May Use the Service.
In using the Service, you will:
- obey the law;
- obey any codes of conduct or other notices we provide;
- keep your Service account password secret; and
- promptly notify us if you learn of a security breach related to the Service.
5. How You May Not Use the Service.
In using the Service, you may not:
- use the Service for commercial purposes (except as expressly permitted by us);
- engage in, facilitate, or further unlawful conduct;
- use the Service in a way that harms us or our advertisers, affiliates, resellers, distributors, or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors, or vendors;
- use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"); or send, either directly or indirectly, any spam through the Service;
- use any automated process or service to access and/or use the Service (such as a BOT, a spider, periodic caching of information stored by Resolution Interactive AB, or "meta-searching");
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;
- damage, disable, overburden, or impair the Service (or the networks connected to the Service) or interfere with anyone else's ability to access or use the Service;
- resell or redistribute the Service, or any part of the Service;
- disrupt, or try to gain unauthorized access to: any account, computer, hardware, or network related to the Service;
- obatin (or try to obtain) any data from the Service or related hardware, except data that we intend to provide or make available to you;
- use the Service or related hardware to design, develop, or update unauthorized software;
- use or distribute unauthorized cheats, macros, or scripts; or
- exploit a bug, or make an unauthorized modification, to any software or data to gain unfair advantage in a game, contest, or promotion.
You agree that we may also discontinue your access to the Service if you do any of the following while connected to the Service:
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content, topic, name, material, file, or information;
- publish, distribute, or disseminate any content, topic, name, material, file, or information that incites, advocates, promotes, depicts, constitutes, or expresses child pornography, profanity, hatred, bigotry, racism, illegal drug use, gratuitous or graphic violence, or criminal or fraudulent activity;
- create a player profile, avatar or use text in other profile fields that may offend other users of the Service. This includes comments that look, sound like, stand for, hint at, abbreviate, or insinuate or relate to any of the following: profane words/phrases, topics or content of a sexual nature, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances, or illegal activities;
- use the Service or any material or information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of us or any third party;
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Service, another person's mobile device, or other property;
- download or use any material sent or provided by another user of the Service that you know, or reasonably should know, cannot be legally shared or distributed in such manner (except as expressly permitted by us);
- send, either directly or indirectly, any unsolicited bulk messages or unsolicited commercial communications;
- participate in pyramid schemes or chain letters;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- create a false identity for the purpose of misleading others;
- falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred;
- make false complaints or provide false feedback about other users of the Service;
- use, download, or otherwise copy, or provide to a third party (whether or not for a fee) any: [i] directory of users of the Service, [ii] information about users of the Service, or [iii] Service usage information;
- view, intercept, or attempt to intercept private communications not intended for you;
- violate any relevant law or posted guidelines or codes relating to the use of the Service; or
- provide or offer to provide services for the provision of gambling or wagering.
6. You Are Responsible for Your Service Account.
Only you may use your Service Account. For some parts of the Service, we may notify you that you may set up additional user accounts that are dependant on your account (an "associated account"). You are responsible for all activity that take place with your Service account or an associated account. Except as otherwise stated in this Section 6, you may not authorize any third party to access and/or use the Service on your behalf, except where we provide a mechanism for third parties to access the Service on your behalf. We may limit who may use your Service account or any associated accounts.
If you allow or enable a minor to use your Service account or an associated account, then:
- you represent that you are aware that some features of the Service, and some content available through the Service may contain or expose users to material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use the Service. The Service is not intended for use by children under 13, except together with a parent or other adult supervision;
- you are responsible for any material to which a user of your account either gains or is denied access (including as a result of your use or non-use of available Family Settings, Parent Controls, or both, is not a substitute for your personal supervision of your minor children or minors/individuals for whom you are the legal guardian.
7. If You Are An Associated Account User.
If you are the user of an associated account, then the holder of the Service account has full control over your associated account. This control includes the right to the end the Service, close or alter your associated account at any time, and, in some cases, to request and recieve machine and Service usage information related to your associated account.
8. Your Materials.
You may be able to submit materials for use in connection with the Service. The Service includes publicly accessible areas ("public areas of the Service") and areas to which you can control access by others ("shared and private areas of the Service"). You understand that Resolution Interactive AB does not control or endorse the content that you and others post or provide on the Service. Except for content that we license to you, we do not claim ownership of materials you post or provide on the Service. However, with respect to content you post or provide, you grant to those users of the public to whom you have granted access (for content posted on shared and private areas of the Service) or to the public (for content posted on public areas of the Service), and, in either case, to us, free, unlimited, worldwide, nonexclusive, perpetual, and irrevocable permission to:
- use, modify, copy, distribute, and display the content in connection with the Service and other Resolution Interactive AB products and services;
- publish your user name, profile, or other information you supply in connection with the content; and
- grant these rights to others.
If the submission is a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. You understand that we may need to make copies, change the format, transcode, or otherwise process content posted on the Service, including on shared and private areas of the Service, to:
- store and retrieve the content;
- make the content available to you and those members of the public to whom you have granted access;
- conform to connecting networks technical requirements; or
- conform to the limitations and terms of the Service.
This section only applies to legally permissible content and only to the extent that use and publishing of legally permissible content does not violate the law. You understand that sharing content that violates others copyrights, privacy, publicity, or other intellectual property rights breaches this contract. You represent and warrent that you have all the rights necessary for you to grant the rights in this Section 8 and that the use and publication of the content does not violate any law. We will not pay you for your content. We may refuse to publish your content, and we may remove your content from the Service at any time.
9. Privacy.
In order to operate and provide the Service, we collect certain information about you. We use and protect that information about you. In particular, we may access or disclose information about you, including the content of your communications, in order to: [i] comply with the law or respond to lawful requests or legal process; [ii] protect the rights or property of Resolution Interactive AB or our customers, including the enforcement of our agreements or policies governing your use of the Service; or [iii] act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Resolution Interactive AB employees, customers, or the public.
We may use technology or other means to protect the Service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the Service.
To provide you the Service, we may collect certain information about Service performance, your machine, and your Service use. We may automatically upload this information from your machine. Such data may include device hardware and operating performance data, and network performance and service quality data. Any software or hardware errors, which may occur while you are connected to the Service server or offline, may be uploaded and reported. All such data may be stored with the device's unique identifier, and may be associated with other personally identifiable information.
Additionally, to evaluate and enable the features and functions of the Service, such as rankings, live-hosted gameplay (multiplayer), achievements, tournaments, and gamer profile sharing, you grant Resolution Interactive AB and each of our affiliates, resellers, distributors, service providers, partners, and/or suppliers (each, a "Resolution Interactive AB party"), permission to use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, and reproduce your game scores, your game play sessions, your presence on the Service, the time that you spend on or within particular portions of the Service, portions of the Service that are displayed on your monitor or screen and the duration of that display, rankings, statistics, gamer profiles, avatars, content that you may submit, and other usage information with or without attribution to you, your profile, or avatar and without notice or compensation to you of any kind.
You should not expect any level of privacy concerning your use of the live communication features (for example, voice chat, video and communications in live-hosted gameplay sessions) offered through the Service. These communications may be monitored; however, we cannot monitor the entire Service and make no attempt to do so. You understand that these communications can be recorded and used by others, and communications in live-hosted gameplay sessions may be broadcasted to others. Some games may utilize game managers and hosts. Game managers and hosts are not authorized Resolution Interactive AB spokespersons, and their views do not necessarily reflect those of Resolution Interactive AB. We do not routinely monitor your use of the communication features of the Service. However, to the maximum extent permitted by law, we may monitor your communications and may disclose information about you as set forth in this Section 9.
10. Intellectual Property.
If you receive from us software or content (e.g., text, images, video, graphics, music, sound, games) associated with the Service (for purposes of this Section 10, we refer to all of these, as applicable, as "software"), your use of that software is under the terms of the license (including any statement of specific authorized uses or restrictions, such as the Special Video Content described in Section 11 below) presented to you for acceptance with that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you a limited, personal, non-exclusive, revocable license to use the software only for and during the authorized use of this Service and/or the game or other product to which the software relates. You may not copy, download, modify or create derivative works, publish, transmit, sell or attempt to sell or transfer, or otherwise use or exploit any software unless we or our suppliers have expressly allowed you to do so.
Copyright and other intellectual property laws and treaties protect the software and all other aspects of the Service. We own the title, copyright, and other intellectual property rights in the software and Service, and the software and Service are solely licensed and not sold. We and our suppliers reserve all other rights to the software and Service that are not expressly granted in this contract. You do not have ownership rights to any software made available or accessible on or in relation to the Service, or any other aspect of the Service (except you may own your own submissions), regardless of how the software and Service are used, accessed, downloaded, or otherwise made available to you.
We may automatically check your version of the software. We may automatically download upgrades to the software to your computer or device to update, enhance, and further develop the Service.
Unless we notify you otherwise, your license to use the software will end on the date your Service ends, and you must promptly uninstall and delete the software. We may disable the software after the date the service terminates.
You will not disassemble, decompile, or reverse engineer any software included in the Service, except and only to the extent that the law expressly permits this activity.
The software is subject to Swedish export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.
11. Service Operation and Equipment.
The Service may only be accessed with mobile device running legally obtained software created by Resolution Interactive AB. You agree that you are using only authorized software and hardware to access the Service, that your software and hardware have not been modified in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads), and that we have the right to send data, applications or other content to any software or hardware that you are using to access the Service for the expressed purpose of detecting an unauthorized modification. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or other content available or accessible through the Service, or any hardware or software associated with the Service is strictly prohibited and may result in cancellation of your account and/or your ability to access the Service, and the pursuit of other legal remedies by Resolution Interactive AB.
Resolution Interactive AB may take any legal action it deems appropriate against users who violate Resolution Interactive AB games, systems or network security, this contract or any additional terms incorporated or referenced in this contract, and such users may also incur criminal or civil liability.
Resolution Interactive AB reserves complete and sole discretion with respect to the operation of the Service. Resolution Interactive AB may, among other things: [i] restrict or limit access to the Service; [ii] retrieve information from the mobile device, personal computer, and any connected peripheral used to log onto the Service as necessary to operate and protect the security of the Service, and to enforce this contract; and [iii] upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service, any game or other content available or accessible through the Service, or any hardware or software associated with the Service or mobile device, or personal computer, from time to time without notice, which may involve the automatic download of related software directly to your mobile device, including software that prevents you from accessing the Service, playing pirated games, or using unauthorized hardware peripheral devices.
12. How We May Change the Contract.
If we change this contract, then we will require you to agree to a new contract that includes such changes if you want to continue to receive the Service. If you do not want to agree to the new contract, you may cancel the Service. Your continued use of the Service will be deemed acceptance of and agreement to the new contract.
13. WE MAKE NO WARRENTY.
We provide the Service "as-is", "with all faults", and "as available". We do not guarantee the accuracy or timeliness of information available from the Service. Resolution Interactive AB give no express warranties, guarantees, or conditions under or in relation to the Service, this contract or its subject matter.
You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement.
14. LIABILITY LIMITATION.
As a result of using the Service, you cannot recover any damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.
This limitation applies to anything related to:
- the Service;
- third party content (including code), third party programs, or third party conduct;
- viruses or other disabling features that affect your access to or use of the Service;
- incompatibility between the Service and other services, software, and hardware;
- delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Service in an accurate or timely manner; and
- claims for breach of contract; breach of warranty, guarantee, or condition; strict liability; negligence; or other tort.
- It also applies even if:
- this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
- Resolution Interactive AB knew or should have known about the possibility of damages.
Your country (or state/province) may not allow the exclusion or limitaion of incidental, consequential, or certain other damages, so the above limitation or exclusion may not apply to you.
15. Changes to the Service; If We Cancel the Service
We may change the Service or delete or discontinue features, games, or other content at any time and for any reason (or no reason). We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and without notice. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. Our cancellation of the Service will not alter your obligation to pay all charges made to your billing account.
16. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the Service. It supersedes any prior contract or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force even after termination or cancellation of the Service (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
17. Assignment.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to any else, either temporarily or permanently, any rights to use the Service or any part of the Service.
18. No Third Party Beneficiaries; Resolution Interactive AB Affiliates.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract. Certain sections of this contract are for the benefit of Resolution Interactive AB affiliates. As a result, Resolution Interactive AB is entitled to enforce this contract.
19. Claim Must Be Files Within One Year.
Any claim related to this contract or the Service may not be brought unless brought within one year after the claim arises. If it is not files in time, then that claim is permanently barred. This applies to you and your successors and assigns.
20. Your Notices to Us.
You may notify us as stated in the customer support or "help" area (if any) for the Service. If there is no such customer support or "help" area, you may notify us by postal mail (we do not accept e-mail notices). Send postal mail notices as follows:
Resolution Interactive AB
Parkgatan 2
903 27 UMEA
Sweden
Attn: Resolution Account Customer Service
21. Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with the Service and have the right to send you certain additional information. There may be other information regarding the Service that the law requires us to send you. We may send you this (and any other) information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your Service.
We may provide required information to you:
- by e-mail at the e-mail address you specified when you signed up for your Service;
- by access to a Resolution Interactive AB web site that will be designated in an e-mail notice sent to you at the time the information is available; or
- by access to a Resolution Interactive AB web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as access and use the Service, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must stop using the Service.
22. Choice of Law and Location for Resolving Disputes.
If this contract is with Resolution Interactive AB, then claims for breech of this contract will be subject to the laws of Sweden. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your Service. If this contract is with Resolution Interactive AB, you consent to the exclusive jurisdiction of swedish courts for all disputes relating to this contract or the Service.
You cannot revoke this consent.
23. NOTICES.
Copyright and Trademark Notices
All contents of the Service are Copyright © 2009 Resolution Interactive AB Parkgatan 2 903 27 UMEA SWEDEN All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. Any right not expressly granted in this contract are reserved.
Respect Copyright
Please respect the rights of artists and creators. Content such as music, photos, and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.
Support
Customer support is not offered for the Service, unless provided otherwise in this contract or the materials we publish in connection with a particular component of the Service specify that it includes customer support.