1.1. Governing Agreement
1.3. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Norsfell Games Inc. policies, Norsfell Games Inc. grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. You understand that while at times you may “earn” “buy” or “purchase” (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game items (together with virtual currency, “Virtual Items”); these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or redemption of a Norsfell Games Inc. coupon or a third party virtual currency like Facebook Credits. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
1.4. Accessing the Service
1.5. Use of Service
The following restrictions apply to the use of the Service:
– You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. Paypal) by minors.
– You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Norsfell Games Inc., or previously been banned from playing any Norsfell Games Inc. games;
– You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.
1.6. Username and Password
During the Account creation process, you will be required to select a Player name (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Norsfell Games Inc. and we will help you modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. Norsfell Games Inc. reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
1.7. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.3, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY NORSFELL GAMES INC. GAME IS A VIOLATION OF NORSFELL GAMES INC. POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not, under any circumstances:
– Engage in any act that Norsfell Games Inc. deems to be in conflict with the spirit or intent of the Service or make improper use of Norsfell Games Inc.’s support services.
– Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Norsfell Games Inc. game or any Norsfell Games Inc. game experience or without Norsfell Games Inc.’s express written consent, modify or cause to be modified any files that are a part of the Service or any Norsfell Games Inc. game.
– Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Norsfell Games Inc. game environment.
– Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
– Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Norsfell Games Inc., including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
– Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
– Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
– Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Norsfell Games Inc. employees, including Norsfell Games Inc.’s customer service representatives.
– Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Norsfell Games Inc. employee.
– Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Norsfell Games Inc. game, or to obtain any information from the Service or any Norsfell Games Inc. game using any method not expressly permitted by Norsfell Games Inc.
– Solicit or attempt to solicit personal information from other users of the Service or any Norsfell Games Inc. game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
– Norsfell Games Inc. reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Norsfell Games Inc. reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
1.8. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, NORSFELL GAMES INC. MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO NORSFELL GAMES INC. SERVICES OR PORTIONS THEREOF IF YOU ARE, OR NORSFELL GAMES INC. SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND NORSFELL GAMES INC. IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. NORSFELL GAMES INC. RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS. Norsfell Games Inc. reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Norsfell Games Inc. shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. You may terminate your Account at any time and for any reason by following the process described on our support page located at www.norsfell.com/support
2.1. Games and Service
The Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Norsfell Games Inc. game client, and the Norsfell Games Inc. game clients and server software) are copyrighted works owned by Norsfell Games Inc.. Norsfell Games Inc. reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF NORSFELL GAMES INC.
2.3. Virtual Items
Norsfell Games Inc. owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Norsfell Games Inc. games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Norsfell Games Inc. game, whether earned in a game or purchased from Norsfell Games Inc., or any other attributes associated with an Account or stored on the Service.
2.4. User Content
3.1. Content Screening
Norsfell Games Inc. assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time Norsfell Games Inc. chooses, in its sole discretion, to monitor the Service, Norsfell Games Inc. nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Norsfell Games Inc. cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Norsfell Games Inc. shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit. If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Service you understand and agree that Norsfell Games Inc. (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you. NORSFELL GAMES INC. IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Norsfell Games Inc. may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Norsfell Games Inc. violates these Terms of Service. Norsfell Games Inc. reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Norsfell Games Inc., including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Norsfell Games Inc. games. Norsfell Games Inc. reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Norsfell Games Inc. to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Norsfell Games Inc. access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
FEES AND PURCHASE TERMS
In the Service 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 gold/gems, all for use in Norsfell Games Inc. games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits, Steam Credits or any other system. Norsfell Games Inc. may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Norsfell Games Inc. shall have no liability to you or any third party in the event that Norsfell Games Inc. exercises any such rights. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Norsfell Games Inc., another user or any third party. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in Norsfell Games Inc. games is a service provided by Norsfell Games Inc. that commences immediately upon acceptance by Norsfell Games Inc. of your purchase.
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. Norsfell Games Inc. may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT NORSFELL GAMES INC. 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.
UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Norsfell Games Inc. may require that you accept updates to the Service and to Norsfell Games Inc.’s games you have installed on your computer or mobile device. You acknowledge and agree that Norsfell Games Inc. may update the Service and Norsfell Games Inc. games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Norsfell Games Inc.’s games.
DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
6.1 DISCLAIMER OF WARRANTIES
WITHOUT LIMITING NORSFELL GAMES INC.’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NORSFELL GAMES INC. DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
NORSFELL GAMES INC. SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NORSFELL GAMES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NORSFELL GAMES INC. SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO NORSFELL GAMES INC. IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO NORSFELL GAMES INC. DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND NORSFELL GAMES INC.’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH NORSFELL GAMES INC. IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. 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 Norsfell Games Inc. 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 Norsfell Games Inc.’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF NORSFELL GAMES INC.
You agree to indemnify, defend and hold Norsfell Games Inc. harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
DISPUTE RESOLUTION AND LAW
If a dispute arises between you and Norsfell Games Inc., we strongly encourage you to first contact us directly to seek a resolution at [email protected] You agree that all disputes between you and Norsfell Games Inc. shall be governed by the laws of the province of Quebec and Canadian Federal law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Norsfell Games Inc. must be resolved exclusively by a court located in Montreal, Quebec, Canada.
9.2. Supplemental Policies
Norsfell Games Inc. may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
9.4. No Waiver
9.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Norsfell Games Inc. are of a unique and irreplaceable nature, the loss of which shall irreparably harm Norsfell Games Inc. and which cannot be replaced by monetary damages alone so that Norsfell Games Inc. shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Norsfell Games Inc. game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 6 (if any).
9.7. Force Majeure
Norsfell Games Inc. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Norsfell Games Inc., including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Norsfell Games Inc.’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.