TERMS OF SERVICE
(END-USER LICENSE AGREEMENT)
Black Block Oy
The Service is intended for people who are at least 13 years old. Persons under the age of 13 are prohibited from creating accounts in the Service. By registering for an Account or otherwise using the Service, You represent that You are age 13 or older and You understand and agree to these Terms. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
You become a registered user of the Service by creating a Service account ("Account") by (i) using your personal unique email address and giving other information required; or (ii) by using the available single sign-on via the relevant social networking service. You shall comply with the terms of service/use of such social networking service as well as these Terms. You shall give to Black Block correct personal and other information necessary for the use the Service. You shall inform Black Block of any changes to such information.
1. Use of the Service and License
The Service is provided to You for your personal and non-commercial use only. You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not crate Account or use the Service if You have previously been removed by Black Block, or previously been banned from playing any Black Block Service.
Subject to your compliance with these Terms, Black Block grants to You a limited, nonexclusive, non-sublicensable and non-transferable right to use only the executable version (no source code) of the Game application. The Game comprises the relevant application that enables You to use the Game.
Your use of the Service might be governed also by separate policies, as provided in connection with the Service. You may not use such application for any purpose other than the permitted use of the Service.
You understand that for reasons that include, without limitation, system security and stability, Service may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. This Agreement does not entitle You to future updates, new versions or other enhancements of the application although Black Block may choose to provide such updates, etc. in its sole discretion.
Without limiting any other remedies, Black Block may limit, suspend, terminate, modify, or delete Accounts or access to the Service or parts thereof if You fail to comply, or if Black Block suspects such failure, with the Terms or for any actual or suspected illegal or improper use of the Black Block services, without notice to You. You may lose, as a result of termination or limitation of your right to use the Service, any material, content, benefits, privileges, items associated with your use of the Service, and Black Block is under no obligation whatsoever to compensate You for any such losses or results.
You are solely responsible for all your use of the Service. You may not reveal, share or otherwise allow others to use your password, or use passwords of others. You agree that You are personally responsible for the use of your Account, and for all of the communication and activity in connection with the Service resulting from the use of your Account. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by third parties including minors.
You may not sell or charge others for the right to use the Service or your Account, or transfer your Account. Black Block 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. You are solely responsible for your interactions with other users of the Service and any other parties with whom You may interact through the Service.
2. User Feedback
You shall be asked, from time to time, provide suggestions, comments or other feedback ("Feedback") to Black Block with respect to the Service. You agree that all Feedback is and shall be given entirely voluntarily and upon no compensation. Feedback shall not create any confidentiality obligation for Black Block as the recipient of the Feedback, and You will not give Feedback that is subject to any confidentiality obligation between You and any third party, or that is subject to any intellectual property rights or other restriction.
All rights, title and interest in and to the Feedback and other content provided by the Users shall be and vest in the exclusive property of Black Block, and Black Block shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
3. Intellectual Property Rights
All rights, title and interest in and to the Service (including the related software and media), the design of the Service and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Black Block Property”) are owned by [or licensed to] Black Block, subject to copyright and other intellectual property rights under Finnish and foreign laws and international conventions. Except as expressly provided in the Terms, Black Block does not grant any express or implied rights to use Black Block Property.
You are hereby granted a limited, nonexclusive, non-sublicensable and non-transferable license to access and use the Black Block Property only in connection to the usage of the Service. Any use of the Service, and/or Black Block Property other than as specifically authorized in the Terms, is prohibited and will terminate the license to use Service. For avoidance of doubt, You have no right to sell or otherwise solicit any items included in the Service and You are forbidden from ripping any content unless specifically allowed.
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 and any content (including virtual items and currency whether earned or purchased) in the Service are and shall be the property of and owned by Black Block.
4. User Content and Copyright Policy
You may be able submit messages and/or other content to the Service (“User Content”). Black Block shall not have any duty to monitor any User Content. However, Black Block shall have the right (but not the obligation) to remove any User Content that fails to comply with the Terms.
You are solely responsible for any User Content uploaded, posted, transmitted, stored or otherwise made available through the Service using Your Account. You acknowledge that use of the Service (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions. You must ascertain and comply with such laws, regulations, conditions or restrictions and reasonably ascertain that You Content submitted by You does not contain material that is illegal, obscene, indecent, defamatory, threatening, harassing, impersonates another person, incites religious, racial or ethnic hatred, or violates the intellectual property and/or other rights of others; or that it does not contain viruses or other malicious or harmful code.
Black Block does not claim ownership to any User Content but You grant to Black Block a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, deliver, adapt (for technical purposes such as size and resolution scaling) and otherwise exploit any and all User Content that You have submitted to the Service for the purposes of providing the Service including deliver and communicate the User Content to third parties (as per User’s request). The foregoing license granted by You terminates once you remove or delete User Content from the Service.
You also grant each recipient, to whom You have addressed any User Content submitted by You in the Service, a non-exclusive license to access such User Content through the Service.
Black Block respects the intellectual property rights of others. In accordance with the Information Society Code and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Black Block becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
If You believe that anything on the Service infringes any copyright that you own or control, you may file a notice of such infringement to support email at support(at)blackblock.io.
The notification shall include: 1) the name and contact information of the notifying party; 2) an itemisation of the material, for which prevention of access is requested, and details of the location of the material; 3) confirmation by the notifying party that the material which the request concerns is, in its sincere opinion, illegally accessible in the communications network; 4) information concerning the fact that the notifying party has in vain submitted its request to the content provider or that the content provider could not be identified; 5) confirmation by the notifying party that he/she is the holder of copyright or neighbouring right or entitled to act on behalf of the holder of the right; 6) signature of the notifying party.
5. Third-Party Service and Material
The Service may contain links to websites operated by third parties or feature content which is made available in third-party services and enable You to access and use certain third-party services (such as video sharing services). Use of any web sites operated by third parties, third-party services and/or content in third-party services shall be, in addition to these Terms, subject to the relevant third-party service provider’s terms and conditions applicable to use of such third-party services or the applicable license(s) under which any such content is made available. Black Block assumes no responsibility for such third-party services and/or content in third-party services.
These Terms shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the distribution platform (such as an app store) through which you are acquiring the Service, agreed to between you and the relevant third-party entity.
5. Fees and Purchase Terms
Some features (as specified in more detail the applicable Service descriptions), are available to Users for free and some against the payment of the relevant fees. The Service enables You to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency and virtual in-game items or additional virtual features. Black Block may manage, regulate, control, modify or eliminate such virtual material offered in the Service at any time, with or without notice. Black Block has no liability to You or any third party in the event that Black Block exercises any such rights. The transfer of any virtual materials is prohibited except where expressly authorized in the Service.
All purchases made in connection with the Service are final and non-refundable, however without limiting the possibility of a refund (if any) from the application store (in accordance with the relevant terms and conditions applicable to purchases from that application store. The provision of any virtual material and features for use in the Service is a service that commences immediately upon acceptance by Black Block of your purchase. NO REFUND OF ANY FEES SHALL BE AVAILABLE, SAVE FOR AS PROVIDED ABOVE. YOU ALSO ACKNOWLEDGE 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.
You are solely responsible for any costs (including any additional payment processing fees which may be applicable) you incur to access the Service through any Internet, mobile or other communication service, such as any fees for web browsing, messaging, and data usage on an Internet provider’s or mobile network, as well as for acquiring any additional features.
6. Personal Information and Security
Black Block shall take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to Black Block via the Service. We use various technologies, including, in certain instances, encryption, to ensure the high security standards. Any data that is stored on Black Block servers is not generally available to the public. However, the use of internet services always includes security risks.
You shall be liable for all your own equipment, internet connectivity and software as well as that they do not cause harm to Black Block and/or third parties. You agree not attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Service in any manner.
7. Support and Modifications
Black Block shall have no obligation to provide support or maintenance for the Service under this Agreement. Black Block may, at its sole discretion, provide limited customer support in the Service.
You understand that the Service is an evolving one. As long as your license for the Service is valid You are entitled to upgrades or updates of the Service. All upgrades and updates are provided to You on a license exchange basis. You agree that by using an upgrade or update You voluntarily terminate your right to use any previous version. Upgrades and updates may be licensed to You by Black Block with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Service.
8. Disclaimer / No Warranty
To the maximum extent permitted by applicable law, except as provided above, BLACK BLOCK MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICE, ITS QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SERVICE IS LICENSED “AS IS” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
You agree to defend, indemnify and hold harmless Black Block, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to your breach of these Terms or portion hereof, or any act or omission by You relating to the Service (including Feedback). Black Block reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.
10. Limitation of Liability
You understand and acknowledge that Black Block will not be liable for any network-related problems attributable to the operation of the Service and that network configuration changes may affect the system's performance.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT BLACK BLOCK SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE, AS SET FORTH HEREIN. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL IT AND/OR DISCONTINUE YOUR USE OF THE SERVICE.
BLACK BLOCK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BLACK BLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF BLACK BLOCK IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT BLACK BLOCK SHALL NOT BE LIABLE FOR ANY USER CONTENT, IF ANY OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Some jurisdictions may not allow limitations of liability, so the foregoing limitation may not apply to You.
11. Force Majeure
Black Block shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Black Block, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Black Block’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.
12. Provisioning of the Service and Termination
Black Block shall have the right to, at its sole discretion, decide upon provision of the Service and making it available to You and reserves the right to discontinue any aspect of the Service at any time.
These Terms are in effect for the time being. Your right to use the Service continues until your right to use the Service is terminated. You may terminate your right to use the Service at any time by deleting the application and ceasing to use the Service. Your right to use the Service will automatically terminate if You fail to comply with the material terms of the Terms. Either You or Black Block has the right to terminate or cancel your Account at any time. You understand and agree that the cancellation of your Account is your sole right and remedy with respect to any dispute with Black Block.
14. Disputes and Applicable Law
All disputes relating to the Service and the Terms shall be settled at District Court of Helsinki, Finland having the sole jurisdiction.
These Terms shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law provisions.
Black Block Oy
Business ID: 2957122-9
Address: Sofiankatu 4 C, 00170 Helsinki, Finland
Contact person: Robin Squire, firstname.lastname@example.org