SNOWPRINT STUDIOS TERMS OF USE

LAST UPDATE 2020-04-07

These Terms of Use constitute a legal agreement between you (hereinafter sometimes referred to as “you” or “player”) and Snowprint Studios AB and its subsidiaries and affiliates (“Snowprint”, “we” or “us”) regarding your use of our games (the “Game”). If you use the Game, you accept and agree to be legally bound by these Terms of Use. Please read them carefully. Please note that use of the Game requires that you have read and understood our Privacy Policy available at https://www.snowprintstudios.com/en/snowprint-studios-privacy-policy/

BY USING THE GAME, YOU AGREE TO BE BOUND BY THE ABOVE REFERENCED TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE AND THE PRIVACY POLICY, PLEASE DO NOT USE THE GAME. (<- Angriest text we’ll ever use =)

1. Your Game Account

In order to access the Game you must create an underlying Game Account (an “Account”). You must be at least 16 years of age to create an Account, and if you are between 16 and 18 years of age, you must get your parents’ or legal guardians’ consent prior to creating such Account. You are responsible for maintaining the confidentiality of any password and for restricting unauthorized access to your computer or mobile device, and you hereby accept sole responsibility for all activities that occur under your Account, unless as otherwise specified hereunder. When you choose a forum name or other nickname for our Games, we ask that you do not use your own or another person’s real name, or a name protected by copyright or trademark.
You acknowledge and agree that, to the fullest extent permissible under applicable law, you shall have no ownership or other interest in your Account, and you further acknowledge and agree that all rights in and to the Account are owned by and inure to the benefit of Snowprint.

2. Grant of License and Restrictions

The Game may be used by you only for your personal, non-commercial use in accordance with these Terms of Use. Unless otherwise explicitly stated herein, nothing contained in these Terms of Use shall be construed as conferring by implication or otherwise any license or right to use any trademark, patent, design right, copyright or other intellectual property rights of Snowprint. You are granted a personal, limited, non-transferable, non-exclusive license to access the Game, provided that you do not and do not facilitate any third party to: A) Modify, copy, reproduce, broadcast, republish, sell, resell, exploit, reverse engineer (except to the extent permitted by law), disassemble, create derivative works or distribute in any way any portion of the Game or any materials provided in the Game, including, but not limited to design and materials including all text, still and motion video, audio and audio visual materials, artwork, graphics, code and / or software (including within any Game) and all other copyrightable elements (the “Content”), other than as permitted under the EULA or these Terms of Use.

B) Disrupt or assist in the disruption of any Game and/or Game server or any other user’s Game and/or Game experience;

C) Use, develop, distribute or sell cheats, automation software (bots), hacks or any other unauthorized third-party software designed to modify a Game;

D) Exploit the Game, the Games or any of its parts for any commercial purpose, other than as permitted in writing, including without limitation: (a) use at an arcade, computer center or any other location-based site; (b) for gathering advantages in-game, including in-game currency, items or resources for sale outside the Game; and/or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;

E) Remove, disable or circumvent any security protections such as digital rights management (known as “DRM”), proprietary notices or labels contained on or within the Game;

F) Use any obscene, pornographic, provocative or racist language or material in the Game; or

G) Use any meta tags or any other “hidden text” utilizing Snowprint’s name or trademarks.

The grant of this limited license is conditional upon your agreement to and compliance with all terms of these Terms of Use. Snowprint may suspend or deactivate your Account at any time for any or no reason, with or without notice to you. Unauthorized or prohibited use of the Game or the Content may be a violation of criminal or civil law. Snowprint reserves the right to add, modify, or delete any or all functionalities of the Game at any time. Snowprint makes no representation or warranty as to the completeness or accuracy of the information provided to you through your use of the Game, nor do we represent or warrant that the Game will be available and error-free at all times.

3. Communication with other players

Through some of Snowprint’s Sites, social media pages and discussion forums (“Forum”) you may communicate with other users of the Game and players of the Games (“Communicate” or “Communication”). You agree only to Communicate to post, receive or send messages in connection with the Game. You agree that you will not:

A) Transmit messages which are offensive, unlawful, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or otherwise objectionable;

B) Post advertisements to sell goods or services;

C) Impersonate any real person, including without limitation an agent of Snowprint, or otherwise communicate in the Communication Games in any way designed to make others believe that your message constitutes a server message or was otherwise posted by a representative of Snowprint;

D) Engage in “trolling”;

E) Engage in spamming, double posting, cross-posting, and resurrecting old posts;

F) Upload files that contain software or other material protected by intellectual property laws or by rights of privacy and publicity, unless you own or control the rights thereto or have received all necessary consents.

Additional rules in connection with the Communication may be posted within such Forum. Snowprint reserves the right to review materials posted to the Forum and to remove any materials at any time, without notice, and for any reason and in its sole discretion. Statements made by users in the Forum reflect only the view of their authors and Snowprint specifically disclaims any liability with regard to the Forum and any actions resulting from your participation in the Communication. Snowprint is not responsible for information that you choose to communicate to other users via the Forums, or for the actions of other users.

If you encounter content created by another user that you find offensive (as defined in the above §3.A), we encourage you to contact us. Please provide as much detailed information as possible, including but not limited to: what content you find offensive, the user name of the person exposing you to such content, what type of platform you were using, game version number, in-game ID and any other form of relevant information that might help us identify the content and/or user.

4. In-game purchases

“In-game purchases” means items and in-game features acquired or purchased by you that can only be used in the Game and under the conditions specified in these Terms of Use, such as, but not limited to, in-game currency or virtual goods. In-game purchases are not a necessary condition for participation in a Game and are provided on your request. In addition, as a condition to the use of In-game purchases, you acknowledge and agree that:

A. Weekly Additional Games Limit. You may only purchase a total maximum amount of ten thousand U.S. dollars (USD 10,000.00) of In-game purchases per week;

B. If Snowprint has reason to believe or suspects that you are performing illegal or fraudulent activities related to payments for In-game purchases in the Game, Snowprint has the right to provide relevant information to law enforcement bodies to investigate these suspicions;

C. If Snowprint has reason to believe or suspects that you are exploiting any defects in the Game or Games or are using any software to impermissibly increase your amount of In-game purchases, including in-game currency, or gain any advantage in the Game, or if Snowprint has reason to believe or suspects that an increase of in-game currency originates from a flaw in the system(s) relating to the Game, Snowprint has the right to take any action Snowprint deems necessary, including immediately terminating your use of the Game and deleting your Account, in which case the entire Account shall be deemed forfeited;

D. If you are prohibited from receiving online game services by the legislation of your country or in case of any other legal restrictions, including age restrictions, you shall not be allowed to use the Game or In-game purchases in the Game. In any case, you shall be responsible for the use of the Game in your country in accordance with local laws; and

E. User agrees, understands and accepts that: (i) this Game is not a gambling, cash, contest or betting game; (ii) the purchase of In-game purchases is NOT necessary or mandatory to participate in the Game and the Game process; and (iii) the purchase of any In-game purchases is at User’s sole discretion.

5. User Generated Content

You may be provided with the opportunity to create and submit content through the Game or the Site (“User Generated Content” or “UGC”). User Generated Content must not i) infringe any copyright, trademark, trade secret, patent, or any other proprietary right of any person or entity; ii) contain any viruses, Trojan horses, worms, corrupted files, or any other similar software or program; iii) violate any law or regulation; or iv) violate or be inconsistent with these Terms of Use or our Privacy Policy. By uploading or otherwise publishing your UGC, You hereby grant to Snowprint a non-exclusive, irrevocable, royalty-free, sublicensable, perpetual right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, publicly display and publicly perform, your UGC, and derivative works of your UGC, in connection with the operation and promotion of the Game, Site or Game. Snowprint is under no obligation to use, distribute or continue to distribute User Generated Content. You understand that Snowprint may restrict, or remove, your UGC for any reason. You represent and warrant that the UGC, and your grant of rights in such UGC, does not violate any applicable contract, law or regulation, and that the UGC is your original work and does not infringe any third party´s intellectual property rights or any other rights. Snowprint specifically disclaims any liability with regard to User Generated Content. Anyone who believes that their original work has been reproduced as UGC through one of our Games, Game or Sites in a way that constitutes copyright infringement may notify us by contacting support.

7. Termination

If you fail to comply with any of the terms in the Terms of Use, Snowprint will provide you with a warning for your non-compliance. In case of a serious violation of the Terms of Use, or in case of repeated cases of non-compliance, Snowprint reserves the right to immediately terminate the Game to you, including any In-game purchases. You may terminate the Game at any time by ceasing all use of the Game. Any money you have paid for In-game purchases are not subject to return in case of termination of a Game or Site, or any termination due to your non-compliance with these Terms of Use.

8. Disclaimer

THE SERVICE IS PROVIDED BY SNOWPRINT ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SNOWPRINT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SNOWPRINT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE AND/OR SERVICE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE AND/OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE AND/OR SERVICE; OR (IV) THAT THE SITE AND/OR SERVICE, PRODUCTS DOWNLOADED FROM THE SITE AND/OR SERVICE, SNOWPRINT SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF SNOWPRINT , ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

IN NO EVENT SHALL SNOWPRINT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SNOWPRINT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND CONTENTS AVAILABLE FROM THE SITE AND/OR SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

Your use of the Game constitutes your agreement to defend, indemnify, and hold harmless Snowprint, and its respective employees, contractors, officers, directors, licensors, licensees (excluding you), sublicensees, successors and assigns from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of (i) your breach of any of these Terms of Use; (ii) your use or misuse of the Game, or iii) the use or misuse of the Game by a third party using your Account, if such use or misuse is due to your failure at maintaining the security and confidentiality of your Account. External Sites, Site and/or Game may contain links to other sites on the Internet, or you may be able to access the Site and/or Game from other sites on the Internet, that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Snowprint does not review or evaluate all of the External Sites and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these External Sites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective terms of use and privacy policies of each of these External Sites. Under no circumstances shall Snowprint be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such External Site.

11. Electronic Communications

When you visit the Site, use the Game, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically in order to answer your inquiries or comments, to provide you with an invoice or game key, or with general information regarding the Game, any Game or product. We will communicate with you by e-mail or by posting notices on the Site or on the Forum. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For further details see our Privacy Policy.

12. Updates to the Games.

For the purpose of improving its products and services, Snowprint may require that you download and install updates to the Game on your device to continue playing.

13. Equitable Remedies

You agree that Snowprint would be irreparably damaged if the terms of these Terms of Use were not specifically enforced, and therefore you agree that Snowprint shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies Snowprint may otherwise have available under applicable laws. This section shall survive the termination of these Terms of Use.

14. Severability

If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.

15. Waiver

Snowprint´s failure to enforce any term of these Terms of Use at any time shall in no way be construed to be a present or future waiver of such term.

16. Governing Law/Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of Sweden, without regard to its conflict of laws rules and principles. You agree to submit to the personal jurisdiction of the courts of Stockholm, Sweden for any cause of action arising out of or relating to these Terms of Use, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action, to the extent permissible by applicable law.

17. Modification of Terms of Use

Snowprint shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately upon posting of any such changes on the Site or through the Games. Please review these Terms of Use regularly to ensure you are aware of any changes made by Snowprint. Your continued use of the Site after changes are posted means you agree to be legally bound by these Terms of Use as updated and amended.

18. Contacting Us

If you have questions about these Terms of Use, the information practices of Snowprint, or otherwise in relation to your dealings with Snowprint, please contact us at privacy [ a ] snowprintstudios.com