The following terms of service (the “Terms“) constitutes an agreement between you (“user”, “you”) and Lightneer Oy, having its address at Itämerentori 2, 00180 Helsinki, Finland, (business ID 2710782-8) (“Lightneer” “we,” “our” or “us“). These Terms govern your use of our games provided on a mobile platform (for example, iOS and Android), online discussion boards and chats related to the games, websites (including www.lightneer.com) and other related services (collectively the “Services”).
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
1. YOUR ACCESS TO THE SERVICES
1.1 Subject to your agreement and continuing compliance with these Terms and any other relevant policies of Lightneer, Lightneer grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own private and non-commercial purposes. You agree not to use the Services for any other purpose.
1.2 No person under the age of 13 or who is a minor under his/her local legislation is eligible to use the Service. By accessing or otherwise using the Service, you represent and warrant that you are i) age 13 or older, ii) eligible to use the Service and iii) you understand and agree to these Terms. In the event that you are of the age of 13 or older but a minor in your country, you represent that your legal guardian has reviewed and agreed to these Terms.
1.3 Except as specifically allowed pursuant to these Terms, you are not entitled to use, copy, store, modify, transfer, distribute, sell, rent or otherwise make publicly available your account, the Services, a part thereof or the material contained therein in any way. Your use of the Services is subject to these Terms and any reasonable instructions provided by Lightneer from time to time.
1.4 You represent and warrant that the information you provide or provided in connection with registration to and use of the Services (such as your contact information) is true and accurate. You must keep the password required for the use of the Services (including without limitation password and other means to access your account or user ID) secret and not disclose it to anyone else. You may not assign or transfer your user ID to a third party and you may not allow a third party use the Services with your user ID. If a third party has obtained your password or you have a reason to believe that a third party has obtained your password, you must immediately inform Lightneer. You are responsible for actions taken by using your user ID until you have informed us of the loss of the password and we have had a reasonable time to prevent the use of the Services with the user ID.
1.5 No devices or connections necessary for the use of the Services are provided subject to these Terms. For the sake of clarity, you are responsible for purchasing, maintaining and updating such devices and connections (including data security) and for any costs related thereto.
2. USER CONDUCT AND ENFORCEMENT RIGHTS
2.1 Lightneer reserves the right to terminate or restrict your access to the Services or a part thereof (including the online discussion board and in-game chat function) permanently or temporarily without prior notice if you violate these Terms or if you abuse the Service or act against the policies determined and informed by us. Lightneer is entitled to prevent access to the Services if we have reason to believe that (i) you are engaged in illegal activity; (ii) compromise privacy or data security of other users’, the Services or Lightneer; or (iii) if Lightneer receives a notice that Your password has gotten into the hands of a third party. Furthermore, we may delete or amend your game progression that has been achieved in violation of these Terms, our policies or otherwise abusing the Services (to put you to a position where you would have been without such violation or abuse).
2.2 You agree that you are responsible for your own conduct and User Content (as defined below in Section 4) while using the Services, and for any consequences thereof. You agree that you will not:
- use our Services to engage in illegal, abusive, harmful, offensive or otherwise toxic behavior, such as by repeatedly posting content on unsolicited basis or otherwise encumbering the Services, our customer service or other users;
- use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
- attack, induce a disruption on or try to gain unauthorized access to other users’ accounts or the servers used by the Services;
- intentionally exploit any in-game bugs (for example, to gain advantage for yourself or harm other users or otherwise interfere with the intended gameplay);
- disrupt or otherwise adversely affect the normal flow of the Services or act in a manner that may negatively affect other users’ experience when using the Services;
- pose as or claim to be another person, whether this person be another user, a Lightneer employee or a third party where possible through the use of any kind of virtual identity including, but not limited to, in-game nicknames or online discussion board avatars;
- attempt to decompile, reverse engineer, disassemble or modify any part of our Services; and/or
- use our Services in any other way not permitted by these Terms or in conflict with the spirit or intent of these Terms.
2.3 If you notice or suspect other users cheating or if you identify a bug or error in our Services, please report it to our support team as soon as possible by email firstname.lastname@example.org.
2.4 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Items (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3. INTELLECTUAL PROPERTY AND OWNERSHIP RIGHTS
3.1 All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, skins, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions and audio-visual effects) are either owned or licensed by Lightneer. Lightneer reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Services.
3.2 Notwithstanding any provision to the contrary herein, you acknowledge and agree that you have no right or title in or to any content that appears in the Services, including without limitation the Virtual Items (i.e. virtual goods or currency appearing or originating in any of our games), whether earned in a game or purchased from us (directly or through a platform like Apple or Google), the game account itself, or any other attributes associated with an account or stored on the Services.
4. FEES AND PURCHASE TERMS
In the Services you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or “gems”, all for use in our gamesand (b) “virtual in-game items” (together with “virtual currency” collectively “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Services, and not in any other way.
We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you. The transfer of Virtual Items to other users is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Lightneer, another user or any third party.
Please note that when you purchase a license to use Virtual Items from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
4.2 Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for the goods and services offered through the Services at anytime. All claims arising in connection with purchases shall be directly addressed towards the application platform operators (Apple in the case of iOS and Google in the case of Android), and you understand and agree that Lightneer shall not have any obligation and will not refund any purchases on its own.
YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY MANDATORY LAWS, LIGHTNEER IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. UPDATES TO THE SERVICE
5.1 We may update our Services (for example, games) and subsequently require that you accept updates to the Services and to our games you have installed on your devices. You acknowledge and agree that we may update the Services and games made by us, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play our games.
6. LIMITATION OF LIABILITY
6.1 THE SERVICEIS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. LIGHTNEER DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTIONSOR ERROR-FREE. FURTHER, LIGHTNEER SHALL NOT BE LIABLE FOR THE CONTENT IN THE SERVICES, INCLUDING WITHOUT LIMITATION THE DATA, OR ANY OTHER INFORMATION EXCHANGE MEDIA ON OR CONNECTED WITH THE SERVICES.
6.2 Lightneer shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Service. Lightneer is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Lightneer disclaims any liability for direct or indirect damages caused to you by harmful programs (viruses, worms or the like) or incorrect content in the Services. Lightneer bears no liability for damages caused by you or by a third party.
6.3 Lightneer’s maximum liability for direct damages caused to you or your property is at all times limited to the amount paid by you for the use of the Services or part of it during the twelve months immediately preceding the event that gave reasons for the claim. Lightneer is never liable for any indirect or unforeseeable damages caused to you at any given circumstances.
6.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Lightneer may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of the liability of Lightneer shall be the minimum permitted under such applicable law.
7.1 You agree to indemnify, defend and hold Lightneer and its officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (i) your use of the Services or content; (ii) User Content you submit, post to or transmit through the Services; (iii) any actual or alleged breach by you of these Terms; and/or (iv) your violation of any rights of another.
8. TERMINATION OF SERVICE
8.1 Lightneer reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use such a Service or a part thereof will be automatically terminated. In such event, Lightneer shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services, unless otherwise stipulated in mandatory laws. Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.
8.2 You may terminate your account at any time and for any reason by contacting us at email@example.com us that you wish to terminate your account.
9. JURISDICTION, CHOICE OF LAW AND FORUM
9.1 If a dispute arises between you and Lightneer, we strongly encourage you to first contact us directly to seek a resolution by contacting us at firstname.lastname@example.org.
9.2 To the extent permitted by law, all disputes between you and Lightneer shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Lightneer must be resolved exclusively by a court located in Helsinki, Finland.
9.3 YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST LIGHTNEER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10. GENERAL PROVISIONS
10.1 Additional Terms for App Store Apps
If you downloaded the Service from the Apple App Store, you agree to use the Service only on any iOS devices that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
If you downloaded the Service from any app store or distribution platform, including Apple App Store, Google Play or Amazon Appstore, (“Platform”), you acknowledge and agree that: (i) these Terms are concluded between you and Lightneer and not with the Platform. Lightneer is solely responsible for the Services; (ii) the Platform has no obligation to provide maintenance or support services regarding the Services; (iii) in the vent of any failure of the Services to conform to any applicable warranty, you may notify the Platform, and the Platform will refund the purchase price for the Service to you (if applicable) and, to the maximum extent permitted by applicable law, the Platform will have no other warranty obligation whatsoever regarding the Services. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Services to conform to any warranty will be the sole responsibility of Lightneer; (iv) the Platform is not responsible for addressing any claims you or any third party may have relating to the Services or your possession or use of the Services, including product liability claims; claims that the Services fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation; (v) the Platform and their subsidiaries are third-party beneficiaries of these Terms as related to your license of the Services, and that, upon your acceptance of these Terms, the Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Services against you as a third-party beneficiary thereof; and (vi) you agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.
10.3 Supplemental Policies
Lightneer may publish additional policies related to specific services. Your right to use such services is subject to those specific policies and these Terms.
10.5 Entire Agreement
10.6 No Waiver
The failure of Lightneer to exercise or enforce any of its rights under these terms does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by Lightneer.
Lightneer may give notices to users of the Services, at its option, by posting a message on the Services, by email or conventional mail or by any other means by which users may obtain actual knowledge thereof. Notices by users to Lightneer must be given by email or conventional mail. Notices to Lightneer by email should be sent to email@example.com. Notices to Lightneer by conventional mail should be sent to: Lightneer Oy, at Itämerentori 2, 00180 Helsinki, Finland. Notices by a user to Lightneer will not change these Terms unless the change is expressly accepted in writing by an authorized officer of Lightneer.