This end user license agreement (the Terms) governs your access to and use of mobile games made available by NFG Nordic Forest Games AB, Sw. reg. no. 559209-5524 (NFG) through NFG:s mobile, tablet, VR/AR devices or web-based applications (an Application) (collectively the Services).
Please read these Terms carefully before you start to use the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Services.
The Services may only be accessed or used by individuals of legal age (or with appropriate parental or guardian consent) in accordance with applicable law.
In order to access or use certain features of the Services, you may need to register and create an account with NFG and become a registered user by either registering through an Application or by using your account with a current or future third party social network website, such as Facebook. In creating an account, you represent that you are of legal age to form a binding contract.
When creating an account, you may need to provide certain personal data and establish a username and/or a password. NFG reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
You are responsible for safeguarding your password and for any activities or actions under your account, whether or not you have authorized such activities or actions. NFG is not liable for any loss or damage arising from your failure to comply with the above requirements.
Subject to your compliance with these Terms, NFG grants to you a limited, non-exclusive, non-sublicensable and non-transferable single user license to download and install one copy of the Application to your mobile device, tablet, VR/AR device and/or computer, and to access and use the Services, solely for your own personal, non-commercial use.
You may not: (i) copy, modify or distribute an Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services; (iv) make the functionality of the Services available to multiple users through any means; (v) attempt to access, tamper with, or use non-public areas of the Services, NFG:s computer systems or similar; (vi) gather and use information, such as other users' names, real names, email addresses, available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (vii) use the Services for any commercial purpose or for the benefit of any third party; or (viii) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The Services may change from time to time without prior notice to you and NFG reserves the right to cease (permanently or temporarily) to provide the Services (in whole or in part) to you or to users generally and may not be able to provide you with prior notice.
The Services may include advertisements, which may be targeted to the information on the Services, queries made through the Service, or other information. The types and extent of advertising on the Services are subject to change. In consideration for NFG granting you access to and the right to use the Services, you agree that NFG and its partners may place such advertising on the Services or in connection therewith.
NFG may charge fees upon you downloading an Application and/or for use of certain features of the Services. All such fees are subject to a separate agreement with you. Unless otherwise agreed, fees paid are non-refundable.
Any such fees are subject to change at any time.
Save for User Content, NFG exclusively own all right, title, and interest in and to the Services and all Content, including all intellectual property rights related thereto. You acknowledge and agree that the Services and all Content are protected by copyright, trademark, and other applicable laws and you agree not to remove or alter any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Services and/or any Content.
For the purposes of these Terms, (i) Content means all text, software, game features, scripts, graphics, sounds, music, videos, interactive features, works of authorship of any kind, as well as all other information or other materials that are posted, generated, provided, or otherwise made available through the Services and (ii) User Content means, any Content that users provide to be made available through the Services, however, excluding personalized levels and other game features generated or created by a user.
By making any User Content available through the Services, you grant to NFG a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.
Whenever you make available any User Content through the Services, you must comply with the content standards in this clause 3.4.
All User Content must be accurate (where they state facts) and comply with applicable law.
User Content must not (i) contain any material which is defamatory of any person, (ii) contain any material which is obscene, offensive, hateful or inflammatory; (iii) promote sexually explicit or violent material; (iv) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (v) infringe any copyright, database right, trademark or any other intellectual property rights; (vi) be made in breach of any legal duty owed to a third party; (vii) promote any illegal activity; (viii) be threatening or abuse another’s privacy; (ix) be likely to harass, upset, embarrass, alarm or annoy any other person; (x) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; (xi) give the impression that the User Content emanates from us, if this is not the case; or (xii) be an advertisement or endorsement of a product or service.
You warrant that any User Content that you make available through the Services complies with the above standards, and you will be liable to NFG and indemnify NFG for any breach of this warranty. NFG shall also have the right to remove any User Content if, in NFG:s opinion, the User Content does not comply with the above content standards.
During game play, it is your sole responsibitly to be aware of your surroundings and to play safely. You agree that your use of the Services is at your own risk, and it is your responsibility to maintain such insurance policies as you deem necessary for any injuries that you may incur while using the Services.
All exercises performed by using the Services is at your own risk. If you have any doubts about your physical condition, wellbeing and capability to exercise, it is your sole responsibility to get appropriate physician or doctor advice first. Consequently, you are responsible for the fact that your state of health is such that you can participate without risk in the activities made available through the Services.
NFG disclaims any and all liability for any exercise related advice or instructions provided through the Services. If you have any doubts on how to perform the exercises, it is your sole responsibility to get appropriate physician or doctor advice first.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ALL CONTENT, ARE PROVIDED TO YOU ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, NFG EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOUR USE OF THE SERVICES IS THUS AT YOUR SOLE DISCRETION AND RISK.
NFG WILL NOT BE RESPONSIBLE FOR ANY HARM TO YOUR COMPUTER, MOBILE DEVICE OR TABLET, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICES. NFG RENDERS NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
FURTHERMORE, NFG MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY , TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE SERVICES, ANY INFORMATION, PRODUCTS OR SERVICES PROMOTED OR DISPLAYED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. THE CONTENT, INCLUDING ANY INSTRUCTIONS OR ADVICE IS FOR CONVENIENCE PURPOSES ONLY AND IS NOT INTENDED TO BE (AND
DOES NOT CONSTITUTE) DOCTOR OR PHYSICIAN ADVICE OR RECOMMENDATIONS SPECIFICALLY FOR YOU AND NO ADVICE OR INSTRUCTION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NFG OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NFG WILL NOT BE LIABLE TO YOU OR ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THE SERVICES OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SERVICES AND/OR ANY CONTENT.
FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NFG DISCLAIMS ALL LIABILITY RELATED TO ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH THAT MAY OCCUR DURING YOUR USE OF OUR SERVICES.
IN NO EVENT WILL THE TOTAL LIABILITY OF NFG ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT EXCEED THE FEES PAYABLE BY YOU TO NFG UNDER THESE TERMS.
You agree to defend, indemnify, and hold NFG, its directors and employees, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
If applicable, you may terminate your account at any time by deactivating your account or by providing notice of termination to NFG as instructed in the Services.
If you breach any of these Terms, NFG will have the right to suspend, disable or terminate your access to or use of the Services, in our sole discretion and without prior notice to you. NFG will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to NFG under these Terms (including, without limitation, ownership, indemnification and limitation of liability), which by their nature and context are intended to survive such suspension or termination.
NFG also reserves the right to investigate violations of any of these Terms and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that NFG has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
NFG may revise these Terms at any time by giving notice in connection with you accessing the Services or by other means of communication. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Services.
The failure of NFG to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms shall be governed by and construed in accordance with the laws of Sweden, without regard to its principles of conflict of laws. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or the Content shall be exclusively settled by the Swedish courts of general jurisdiction.