ABOUT US

Software Alliance’s Games are owned, operated and managed by Software Alliance DK

We can be contacted by writing to the “Software Alliance DK” support team.

INTRODUCTION

These terms of use (“Terms”) constitute an agreement between you and us regarding your use of our Games and the images, logos, music, photographs and video content that are incorporated into and form part of our Games (“Game Content”).

Please read these Terms and our privacy policy, available here (“Privacy Policy”) very carefully. You acknowledge and agree that by ticking the “I Accept” box at the bottom of this screen, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms or our Privacy Policy, you are not permitted to install or use any of our Games.

Any terms you have with your respective mobile network provider (“Mobile Provider”) continue to apply and you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing our Games and any third party charges as may arise from time to time. You will be solely responsible for any costs and other charges or expenses charged by your Mobile Provider, internet service provider, network operator and/or any other third party provider in relation to your internet service, your mobile service and any use of our Games including the downloading of any available Game Content. In the event that you are not the bill payer for the device being used to access our Games, you will be assumed to have obtained permission from the relevant bill payer for downloading and using our Games.

If you download our Games onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.

Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for ‘example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

REGISTRATION

In order to make full use of our Games, you may be required to register for an account.

You acknowledge and agree that the information provided by you is true, accurate and correct. You agree to promptly notify us in writing in the event of any changes to any of your information.

Your login details are for your own personal use only and you must keep your login details confidential and secure. Sharing your login details with any other person is strictly prohibited.

You hereby agree that you are 16 or above while registering for the game.

You must notify us immediately if you suspect or become aware of any unauthorised use of your login details or any breach of our security by contacting our support team and giving details of the unauthorised use or breach.

Without prejudice to our rights and remedies, we reserve the right to promptly disable your login details and suspend your access to any of our Games, if in our reasonable opinion, we believe that you have breached any of the provisions of these Terms.

USER CONTENT

Any content you upload or create on our Games will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by uploading or creating content on our Games, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence for us to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the services that we provide and across different media and to promote our Games and/or our services; and to third parties including other users of our Games, our partners and/or our sponsors to use such content for their purposes or in accordance with the functionality of our Games.

In relation to any content you upload or create on our Games you warrant that:

(a) you have the requisite rights, licences and consents to upload or create such content;

(b) such content does not infringe the rights (including intellectual property rights) of any third party; and

(c) such content is not defamatory or offensive and will not result in any civil or criminal claim being brought against us by a third party in any jurisdiction.

We reserve the right to:

(a) disclose your identity to any third party who is claiming that any content uploaded or created by you on our Games constitutes a violation of their rights (including intellectual property rights);

(b) remove any content you upload or create on our Games, if in our opinion such content does not comply with these Terms.

AVAILABILITY

We will use reasonable endeavours to ensure that our Games and Game Content are available for download and use at all times. However, our Game and Game Content are provided over the internet and mobile networks and so their operation and availability may be affected by factors outside of our control at any time for any reason. We do not guarantee that use of or access to our Games or Game Content will always be available and/or uninterrupted.

CONDITIONS OF USE

In return for your agreeing to comply with these Terms you may:

(a) download our Games onto a device and view, use and display our Games on the device for your personal purposes only;

(b) use any related documentation to support use of our Games as permitted by these Terms; and

(c) receive updates to the software code of our Games via our Apps store that you downloaded our Games from – these may incorporate patches and corrections of errors as we may provide to you.

Your right to use our Games is personal to you, you may not otherwise transfer our Games to anyone else for any reason. If you sell or give away any device on which our Games is installed, you must remove our Games from it first.

The ways in which you can use our Games may also be governed by the terms of the app store that you downloaded our Games from. In the event of a conflict between these Terms and the terms of the app store that you downloaded our Games from, the terms of our Apps store from which you downloaded our Games shall take priority.

RESTRICTIONS

Unless you have requested and received our prior written consent or unless expressly permitted in these Terms, you must not:

(a) copy our Games except as part of the normal use of our Games or where it is necessary for the purpose of creating a back-up or operational security;

(b) modify or translate our Games in whole or in part, or combine or merge our Games with any other object code or program;

(c) reverse engineer, decompile, disassemble, reduce the object code of our Games to source code form or create (or attempt to create) derivative works based on the whole or any part of our Games, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities:

is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it to in accordance with applicable law; and

is not used to create any software that is substantially similar in its expression to our Games

is kept secure

is used only in accordance with applicable law;

(d) distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our Games or your right to use our Games;

(e) emove, modify, block, disable, obscure or impair any copyright, trademark, or other proprietary notices, material or advertising belonging to us, our licensors or other third parties contained within our Games;

(f) incorporate our Games into another service or website or make it available via framing or mirrors;

(g) extract any data or metadata from our Games nor create any index or database incorporating any part of it;

(h) circumvent, disable or otherwise interfere with security-related features of our Games or features that:

(i) prevent or restrict use or copying of any part of our Games; or

(ii) enforce limitations on use of our Games,

in each case other than to exercise your rights under paragraphs 9.1(a) or 9.1(c);

(i) do anything that may cause damage to our Games;

(j) carry out any harmful or illegal activities using our Games; or

(k) use our Games in any manner not expressly authorised by these Terms.

ACCEPTABLE USE

You must:

(a) not use our Games in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into our Games or into any operating system);

(b) not infringe any rights (including intellectual property rights) belonging to us or any third party in relation to your use of our Games;

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our Games;

(d) not use our Games in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(e) comply with any applicable third party terms and conditions in respect of your use of our Games; and

(f) not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from our servers.

FEES

Once you have installed our Games, you can select the subscription that you would like in order to use each Game. Subscriptions are available on a weekly, monthly, annual and lifetime basis and further details of each type of subscription and its cost are detailed on the Game.

Game Content may be made available via in-app purchasing.

All transactions between you and us are handled via the app store that you downloaded the Game from.

Game CONTENT

The Game Content may include trademarks or copyright material owned by us or third parties. The Game Content includes the images, logos, music, photographs and video content that are incorporated into and form part of our Games. The term Game Content also includes any part of any of the Game Content, or any assemblage, deviation, manipulation, modification, screen print or copy of, or derivative work based on or including any of the Game Content.

The Game Content may only be used as part of our Games and may not be used independently.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in our Games, Game Content and related documentation throughout the world belong to us and our licensors and the rights in our Games are licensed (not sold) to you. You have no intellectual property rights in, or to, our Games or related documentation other than the right to use them in accordance with these Terms.

LIABILITY

If we fail to comply with these Terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but subject to paragraph 14.4, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen (“Foreseeable Losses”); and

Circumstances giving rise to a loss or damage which is not foreseeable includes but shall not be limited to:

any use of our Games in a manner that we do not authorise;

ending, suspending or restricting use of our Games in accordance with these Terms;

any loss or damage caused by us in circumstances where there is no breach of contractual obligation or legal duty owed to you by us;

any loss or damage (including to any device or content belonging to you) caused by us to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions or any other breach of these Terms (or any other contract you have in place with us), unless we were in breach of a legal obligation or duty of care owed to you by us and that breach is the substantial cause of the loss or damage;

any loss or damage caused by any error, bugs or viruses arising in your use of our Games that are not directly caused by or attributable to our Games, or any incompatibility of our Games with any other software, hardware or material on your device;

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Danish law.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the technical requirements advised by us.

Our Games are for domestic and private use only. If you use our Games for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Please note that in some jurisdiction, consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in these Terms may not apply.

We recommend that you back up any content and data used in connection with our Games, to protect yourself in case of problems with our Games.

Our Games have not been developed to meet your individual requirements. Please check that the facilities and functions of our Games (as described on the app stores where ours Games are available and in the related documentation) meet your requirements.

If our provision of support for our Games is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but you may terminate these Terms by ceasing to use our Games and deleting or removing it from your device.

Our Games, which are available on various app stores, are controlled and offered by us from our facilities in Denmark. The distribution of our Games via app stores is governed by their rules with which we must comply. There are some locations where Games with paid for in-app purchasing products are not permitted and therefore in those locations our Games will not be visible to app store users registered in those locations.

You agree that you will compensate us for any losses (including reasonable legal fees) that we incur as a result of any breach of listed terms.

SUPPORT

If you think our Games are faulty or misdescribed please contact our support team.

If we have to contact you we will do so by email, using the contact details you have provided to us.

ADVERTISING AND MONETISATION

You acknowledge that our Games and the Game Content may be supported by advertising revenues and we may place advertising, promotions or sponsored content on our Games or on, about, or in conjunction with the Game Content. You acknowledge that we may not always identify advertising, promotions and sponsored content and the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within our Games.

CHANGES TO OUR GAMES

From time to time we may automatically update our Games to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using our Games.

Changes to our Games will not prevent our Games working with the versions of the operating system shown on the app store that you downloaded the Game from.

CHANGES TO THESE TERMS

These Terms may only be modified with our prior written consent. We may alter or amend these Terms, including introducing new terms, that are:

(a) the result of a change in applicable law or our business;

(b) necessary for the provision of our Games; or

(c) the result of any improvements to our Apps.

If we make any changes (including any changes to our policies), we will give thirty (30) days’ prior written notice to you by email. If you notify us in writing within the thirty (30) days that you do not accept the change, these Terms will terminate immediately. However, if you continue to use our Games after providing such notice or after the thirty (30) day period, you are accepting these Terms as updated.

We are under no obligation to notify you of any changes to these Terms that result in minor adjustments or corrections to these Terms.

TRANSFER OF RIGHTS

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

TERMINATION

These Terms apply from when you click “I Accept” at the bottom of this screen (the “Effective Date”) and will remain in full force and effect while you use our Games until terminated.

We may terminate these Terms and your use of our Games, or suspend your use of our Games, immediately by written notice to you if:

(a) we consider that you have used our Games in violation of these Terms;

(b) we believe there has been unauthorised access to our Games;

(c) we, at our sole discretion, decide to withdraw our Games (whether in whole or in part);

(d) we have a legal or regulatory obligation imposed on us, which impacts our ability to provide our Games; or

(e) for any other reason provided that we have given you thirty (30) days’ written notice by email, SMS or via an electronic communication within our Games.

We may discontinue licensing any of the Game Content at any time at our sole discretion. In this instance you will be able to continue to use our Games with the Game Content, but it will no longer be available on app stores and will no longer be supported by us.

You can terminate these Terms by ceasing to use our Games and deleting or uninstalling it from your device.

Upon termination for any reason:

(a) all rights granted to you under these Terms cease (however, any liabilities incurred by you under these Terms prior shall survive any such termination);

(b) you must cease all activities authorised by these Terms; and

(c) you must delete or remove our Games from your device.

GENERAL

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act to allow anyone other than you or us to enforce any term of these Terms or of the Privacy Policy.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These Terms are governed by Danish law (including non-contractual disputes or claims) and legal proceedings in respect of these Terms and our Games shall be dealt with exclusively by the Danish courts.

If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions which will remain in full force and effect.

Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.