Version 1.4 | Updated 2020-03-10
USE OF APPS, THE SITE AND/OR THE SERVICES
- Please ensure that your mobile device and other hardware or software used for accessing and playing any App meet the system requirements set out on the Site. You are solely responsible for ensuring that your hardware setup meet these system requirements, and understand that the Apps, Site and Services may not operate properly unless these requirements are met.
- We recommend that you contact your internet service provider and mobile operator to verify the fees and charges you may incur when using our Apps, Site or Services. You are solely responsible for any fees and charges for internet traffic and data usage that you may incur when accessing and using our Apps, Site and Services.
- At all times and at Bublar s sole and absolute discretion, Bublar reserves the right to deny access to any App (or parts thereof), the Site and/or any of the Services. Furthermore, the content and feature of any App, the Site or the Services may be adapted or have different availability depending on your location and the information provided in your user profile. For example, certain content will only be available for and accessible to users at a certain geographic location or fulfilling certain criteria set by Bublar or one of our affiliates.
- When you access or use the Apps, Site or Services (or parts thereof) you represent and warrant that you will not:
- breach or circumvent (or encourage anything that would breach or circumvent) any laws, rules, regulations or third party rights;
- gain access (or attempt to gain access) to any area where you do not have a right or permission to be;
- engage in (or promote) any discrimination, racism, hatred, harassment, bullying, bigotry or inappropriate action against any individual or group of individuals;
- post any false, unlawful, inaccurate, misleading, deceptive, pornographic, obscene, vulgar, offensive, fraudulent, defamatory or libelous content;
- interfere with or try to manipulate any scoring, rating or feedback function in any App, the Site or the Services;
- distribute or post spam or unsolicited electronic communications;
- distribute viruses, malicious software, use any worms, Trojan horses, cancelbots, spyware, corrupted files, time bombs, robots, scrapers, spiders or any other automatic means to access, damage, disrupt or interfere with any App, the Site or the Services for any reason;
- modify any file or any other part of the Apps, Site or Services that Bublar does not specifically authorize you to modify;
- use exploits, cheats, undocumented features, design errors or problems in any App, the Site or the Services;
- collect information about other users without their consent;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- frame, mirror or otherwise incorporate any part of any App, the Site or the Services into any other website, software or service without our prior written authorization;
- bypass, circumvent or interfere with any technical measures used by Bublar to provide any App, the Site or the Services;
- sell, buy, trade or otherwise transfer your user account, any personal access to the Apps, Site or Services or any content associated with your user account (including Virtual Content);
- impersonate another person or falsely imply that you are an employee or representative of Bublar; or
- use your real name or a name or persona that is used by someone else or that Bublar considers vulgar, offensive, inappropriate or violates someone else's rights.
- Please note that there may be times when the Apps, Site or Services (or parts thereof) are unavailable due to technical or maintenance-related reasons (whether on a scheduled or unscheduled basis).
- Certain use and access to Apps, the Site and/or the Services may require the creation and use of a user account or login through a Facebook account. To create a user account or logging in through a Facebook account, please follow the instructions provided on the Site or within each App. User accounts are personal and may not be transferred to any other person.
- You are solely responsible for all use of the App, Site or Services through your user account and Facebook account. If your user account or Facebook account gets lost or stolen or if you become aware of any known or suspected unauthorized use of your user account and/or Facebook account, you are required to immediately notify Bublar and to change your password. You are solely responsible for all use and transactions through your user name, password and Facebook account, until such notification is made to Bublar.
- You are responsible for taking the necessary precautions to keep your user account, user name, password and other login credentials strictly confidential. If you give out, disclose or lose your user name, password and/or Facebook login details, Bublar is not liable for any damage or loss arising therefrom.
- The User (including, in this case, any person applying to become a User) must always provide and maintain valid, complete and correct information to Bublar. The User is obligated to provide any documents in writing that Bublar may find necessary in order to confirm the correctness of the information provided by the User in connection with registration or verification procedures.
- If you have not used your user account during a period of 12 months, Bublar will send you an email to the email you have registered requesting that you confirm whether you wish to continue to access and use the App, Site or Services. If you do not respond to this request within 3 months, your user account and profile associated with the App, Site and Services will be deleted from our servers, meaning that it will no longer be possible to access or use your user account.
- You acknowledge and agree that you will not acquire any ownership or other proprietary interest in any user account or any Virtual Content awarded or acquired when accessing or using the Apps, Site or Services. Bublar may suspend, terminate, modify or delete any user account at any time for any reason or no reason, without prior notice to you.
TRIALS, BETA VERSIONS, DEMOS, ETC
- From time to time, Bublar may offer users the option of accessing and using trials, beta versions or demo versions of Apps and Services (or parts thereof) prior to the general commercial release of such Apps and Services. Trials, beta versions or demo versions may (at Bublar's sole and absolute discretion) be limited in scope and only offered to users fulfilling certain criteria determined by Bublar. Moreover, Trials, beta versions or demo versions may be subject to additional terms and conditions.
- Trials, beta versions and demo versions are often offered during a limited period of time to test new features or functions of an App before launching such features. Bublar reserves the right to suspend access to trials, beta versions or demo versions (or parts thereof) at any time, without prior notice.
- You specifically acknowledge and agree that trials, beta versions or demo versions of Apps and Services are only released for testing and improvement purposes, in particular to provide Bublar with feedback on the quality and usability of such trials, beta versions or demo versions. Certain features may also be disabled in trials, beta versions or demo versions. Furthermore, beta versions or demo versions may contain error and create incompatibilities or damages to your computer or mobile device. In light hereof, we recommend that you maintain full backups of any system that you choose to install or use trials, beta versions or demo versions of the Apps or Services.
USER GENERATED CONTENT
- Please be aware that you are solely liable for any postings, images, comments, suggestions, ideas, data, videos, information, details, text, communications and other material published or submitted via any App, the Site or the Services, or otherwise provided by you to Bublar (jointly “User Generated Content”).
- By providing, publishing and/or disclosing User Generated Content, you hereby grant to Bublar, its affiliates and third parties assigned by Bublar a global, non-exclusive, sublicensable, royalty free license to use, edit, reproduce, modify, disclose, distribute, create derivative works from and/or publish such content in any App, on the Site and/or in any of the Services. You hereby also expressly grant to Bublar a global, non-exclusive, royalty free license to use the User Generated Content in its marketing. Bublar reserves (at its sole and absolute discretion) the right to refuse to accept, publish, disclose, use or otherwise make User Generated Content available.
- You acknowledge and agree that you rely on User Generated Content provided by other users at your own risk and that Bublar expressly disclaims any liability for User Generated Content.
- Bublar's Apps, the Site and the Services may include virtual items (including, but not limited to, unlockable digital content, virtual points, virtual gold, virtual diamonds and other digital content (jointly "Virtual Content").
- Whereas certain Virtual Content may be awarded free of charge during app usage or gameplay, other Virtual Content may from time to time be made available by Bublar for in-app purchases. Specific terms and conditions (including the Applicable Distribution Service Provider's (as defined below in Section 10.3) terms and conditions for in-app purchases) may apply to purchase of Virtual Content.
- In order to purchase Virtual Content made available by Bublar, you must be at least 18 years of age or have the consent of your legal guardian. Please review the settings in App Store, Google Play or the distribution platform of another applicable Application Distribution Service Provider to restrict unwanted in-app purchases. Legal guardians of Users under the age of 18 must monitor the activities of User's under the age of 18 and take the actions deemed necessary to prevent unwanted in-app purchases.
- You hereby acknowledge and agree that you do not acquire any ownership rights in or to Virtual Content (whether awarded during app usage, gameplay or purchased by the User). You are only granted a limited, non-transferrable, non-sub licensable, revocable license to use Virtual Content in conjunction with your personal, non-commercial use of the App, Site or Services.
- Virtual Content does not represent any monetary value and do not constitute actual property or currency. While Bublar may allow users to trade or redeem certain Virtual Content against other Virtual Content, such as virtual gold for digital content, you acknowledge and agree that Virtual Content can never be sold, exchanged, transferred or otherwise traded for real goods, services or money (whether from Bublar or any third party).
- Bublar reserves the unlimited right to change, modify or remove Virtual Content (or any part thereof) without prior notice or liability to you.
- Without limiting Bublar's other legal remedies, any sale, exchange, transfer or trade of (including any attempts to sell, exchange, transfer or trade) Virtual Content is prohibited and may lead to Bublar limiting, suspending and denying your access to any App, the Site or the Services; (ii) removing your User Generated Content (as defined section for User Generated Content) or Virtual Content; (iii) removing any special status, app/game progression or benefits associated with your account; (iv) taking technical and/or legal steps to prevent further use of any App, the Site or the Services; and (v) terminating your user account.
- The User may not copy, modify, change, reverse engineer or disassemble any App, the Site and/or any of the Services (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material. You are expressly prohibited from any use of data mining, robots or similar data gathering and extraction tools in your use of any App, the Site or the Services.
- The User may not lend, rent out or otherwise permit anyone else to make use of or otherwise dispose of the Platform, the Site and/or the Services (or parts thereof), including, but not limited to, text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material.
- Bublar's trademarks, trade names, and other signs included or referenced in the Platform, on the Site and/or in any of the Services (the “Marks”) are protected by national and international trademark laws. All use of the Marks is strictly prohibited without Bublar's prior written approval. The Marks may not be used in connection with any product or service that is not approved by Bublar or in any manner that is likely to cause confusion among customers or that disparages or discredits Bublar.
- The User hereby undertakes to immediately inform Bublar regarding any claims from third parties arising out of or relating to the User's use of any App, the Site and/or any of the Services (or parts thereof) infringes such party's rights.
- Any and all content in the Platform, on the Site and/or in the Services, including text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other thereto related material are owned or licensed by Bublar.
- Nothing in this Agreement shall be interpreted as a transfer of any of Bublar's material or intellectual property rights to the User.
- Save for User Generated Content, any and all rights created, developed or otherwise arising as a result of the use of the Platform (or parts thereof) shall be automatically, free of charge and exclusively vest in Bublar.
PERSONAL DATA AND OTHER INFORMATION
- You hereby confirm that you have received information regarding our processing of your personal data, which is available at: otherworldheroes.com/privacy.
- If you provide personal data attributable to anyone else, you warrant that such individual has reviewed and accepted the Terms and received information and, where relevant, given his or her consent regarding our processing of his or her personal data.
ADDITIONAL TERMS AND CONDITIONS FOR MOBILE APPLICATIONS
- Please note that standard fees for internet traffic may apply when using the Applications and that you are solely responsible for all such fees. If you are uncertain of the fees applicable to your internet traffic or data usage, please contact your internet service provider or mobile service provider.
- If you have downloaded or accessed the Applications from App Store, Google Play or any other distribution platform for mobile applications ("Application Distribution Service Provider"), you acknowledge and agree that:
- The Application Distribution Service Providers have no obligation to furnish any maintenance or support for the Applications;
- The Application Distribution Service Providers is not responsible for addressing any claims you may have or any claims of any third party relating to the Applications or your possession of the Applications, including, but not limited to, product liability claims, any claim that the Applications fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection legislation;
- Your use of the Applications must at all times comply with the applicable Application Distribution Service Provider's then-current terms of service;
- You agree to comply with all applicable third party terms of agreements when using the Applications (for example, you must not violate your wireless data service terms of agreement when using the Applications); and
LIABILITY, NON-WARRANTY, AND INDEMNITY
- BUBLAR ENDEAVORS TO KEEP THE PLATFORM, THE SITE AND/OR THE SERVICES AVAILABLE AT ALL TIMES AND TO CORRECT ERRORS AND DEFECTS WITHOUT UNNECESSARY DELAY. HOWEVER, BUBLAR NEITHER REPRESENTS NOR WARRANTS THAT ANY APP, THE SITE AND/OR ANY OF THE SERVICES PROVIDED BY BUBLAR WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE PLATFORM, SITE AND/OR ANY OTHER SERVICE PROVIDED BY BUBLAR ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- THE USER ACKNOWLEDGES AND ACCEPTS THAT THE PLATFORM, SITE AND/OR SERVICES MAY BECOME UNAVAILABLE DUE TO PLANNED OR UNPLANNED SERVICE, MAINTENANCE AND/OR UPDATES.
- BUBLAR EXPRESSLY DISCLAIMS ANY LIABILITY IN RELATION TO USER GENERATED CONTENT.
- IF ANY APP, THE SITE OR THE SERVICES CONTAIN LINKS TO WEBSITES OR RESOURCES PROVIDED BY THIRD PARTIES, SUCH LINKS ARE ONLY PROVIDED FOR INFORMATIONAL PURPOSES, AND BUBLAR HAS NO CONTROL OR LIABILITY FOR THE CONTENT OF SUCH WEBSITES OR RESOURCES.
- THE USER IS RESPONSIBLE FOR THE COMMUNICATION BETWEEN THE USER AND ANY APP, THE SITE AND/OR THE SERVICES, AND THAT THE USER HAS THE HARDWARE AND SOFTWARE NECESSARY TO ACCESS AND USE THE PLATFORM, SITE AND/OR SERVICES. THE USER IS SOLELY LIABLE FOR DEFECTS AND LIMITATIONS IN THE USER'S OWN SOFTWARE AND/OR HARDWARE.
- SUBJECT TO WILLFUL MISCONDUCT OR GROSS NEGLIGENCE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUBLAR IS ONLY LIABLE FOR DIRECT DAMAGES CAUSED DUE TO BUBLAR'S NEGLIGENCE AND NOT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF BUBLAR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, ANY APP, THE SITE OR THE SERVICES.
LOCAL LAWS, FRAUD, INFRINGEMENT AND OTHER MISUSE
- Bublar takes claims of breach of the law, fraud, infringements of intellectual property rights and allegations of misuse seriously. If you believe that your rights have been infringed or that any user is using any App, the Site or the Services in an unlawful manner, please notify Bublar by sending an email to firstname.lastname@example.org. Bublar will investigate any and all such claims, and will take the actions deemed appropriate, including, but not limited to, reporting claimed actions to relevant authorities.
- The Platform, Site and/or any of the Services may provide links or references to other websites.
- Bublar has no particular knowledge of information contained in such other sites and does not endorse companies or products to which it links.
- Bublar does not have any responsibility for the contents or policies of such other sites and does not accept any liability for any damages resulting from your access to or use of such other sites. For the avoidance of doubt, Bublar neither endorses nor verify the content, offerings or conduct of third parties.
- If you decide to access any of the third-party sites linked to the Platform, the Site and/or the Services, you do so entirely at your own risk.
- Bublar reserves the right to terminate any link or linking program at any time.
- Any failure or delay by Bublar in the performance of its obligations of its services shall not be deemed a breach of its obligations to you if such failure or delay to the extent such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labour difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of Bublar.
- Bublar does not accept any liability for the consequences arising out of any such force majeure events.
ENTIRE AGREEMENT, AMENDMENTS, AND CHANGES
- Bublar further reserves the right to change or modify the content of the Platform, the Site and/or the Services at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes.
- Bublar may suspend, discontinue or restrict access to any portion of any App, the Site and/or the Services at any time and without notice.
- By using the Platform, Site or the Services after amendments and/or changes have entered into force, you have agreed to any and all such amendments and/or changes.
- In the event any provision is held in any proceeding to be invalid, illegal or unenforceable, the deficient provision shall be replaced with a new provision permitted by applicable law and having an economic effect as close as possible to the deficient provision.
GOVERNING LAW AND DISPUTES
- If you have any concerns or complaints, please contact Bublar at email@example.com.
- By accessing any App, the Site and/or the Services you agree that all matters relating to your access to and use the Platform, the Site and/or the Services provided by Bublar shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law.
- Any dispute arising out of your use of the Platform, the Site and/or the Services shall be settled by the courts of Sweden, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
- As a consumer, you are also entitled to have disputes arising out of these Terms or your use of the Services via alternative dispute resolution, provided that the dispute fulfills the requirement thereof (for example requirements pertaining to time and value). We undertake to contribute to alternative dispute resolution with consumers under the law on alternative dispute resolution in consumer relations. Relevant body for dispute resolution is:
Box 174, 101 23 Stockholm
The European Commission has developed a platform for dispute resolution out-of-court. This enables you to resolve the dispute in connection with online orders, without having to initiate a court proceeding. The platform is available at the following link: www.ec.europa.eu/consumers/odr
- Sections 19.2 and 19.3 shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.