TERMS AND CONDITIONS

Misc Games AS Terms of Use

Thank you for visiting https://miscgames.com/ (the “Site”), the official website of Misc Games AS, referred to in these Terms of Use as “MISC GAMES”, “we” and “us”. It is important to us that you, and our other visitors, have the best possible time while using this Site, and that when you use this Site you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using this Site, because they affect your legal rights and obligations.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

1. Agreement to Terms

Please study these Terms of Use carefully. If you do not agree with any of these Terms of Use please exit this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms of Use.

Please note that these Terms of Use may be revised and reissued by us at our sole discretion without notice at any time by updating this posting. Any such revisions may include extending the Terms of Use to include other terms and conditions applicable to specific services, products or promotions offered by us from time to time. Any revisions made will take effect 3 days after posting on this Site. You should visit this page regularly to review the current Terms of Use, since your continued use of this Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on 31 May 2020.

2. How to Contact Us

This Site is controlled and operated by Misc Games AS, Vestre Svanholmen 12, 4313 Sandnes, Norway. In order to contact MISC GAMES, in the first instance please either email info@miscgames.com or write to our Web Master, Misc Games AS, Vestre Svanholmen 12, 4313 Sandnes, Norway.

3. Online Privacy Notice

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. You can find our privacy policy notice HERE.

4. Trademarks and Copyrights

This Site, together with the Site design, text and graphics and their selection and arrangement, all software compilations and underlying source code and all materials, characters, logos or other images on this Site (together “Material”) are protected by copyrights, trade marks or other intellectual property rights which are owned and controlled by MISC GAMES or by other parties that have licensed their material to MISC GAMES or consented to its usage (together “Rights”). MISC GAMES respects the intellectual property rights of others and asks users of this Site to do the same. Your use of this Site carries with it no rights in relation to MISC GAMES or third parties’ Rights. All right, title or interest (including all Rights) in this Site belongs to MISC GAMES (or the applicable third party) and you acquire no proprietary interest in this Site or in any Material.

5. Your Use of Material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use and all applicable laws and regulations. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Rights and is prohibited. You may not remove, modify or obscure the copyright notice or other notices contained in this Site or anything retrieved or downloaded from this Site.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, downloaded, posted, transmitted, distributed, saved, modified, publicly performed or used for any purposes, whether commercial or non-commercial, unless specifically authorized by MISC GAMES, except to the extent necessarily required in order for you to display, use and navigate this Site. Any authorization to copy Material granted by MISC GAMES in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. In addition, you may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense or create derivative works from this Site or any of the Material, which includes the information and software made available on this Site.

6. Forums, Postings and E-mails

You must not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive or causes annoyance, inconvenience or anxiety to any person; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; where you do not have the right to transmit such content under any contractual or other relationship (e.g., the content is inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);advocates or promotes illegal activity; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs which may interrupt, destroy, damage, interfere with, slow the operation of, render less efficient or in any way impair or limit the functionality of this Site or any computer software or hardware or telecommunications system; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site; copies any other pages or images on this Site except with appropriate authority; includes MP3 format files; amounts to a “pyramid” or similar scheme; amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files which are only linked from other sites);disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or contains links to other sites that contain the kind of content, which falls within the descriptions set out above.

In addition, you must not remove any material inserted by MISC GAMES anywhere on this Site (e.g., on any web space made available for your use).

Any Material, information and opinions included and/or expressed in or on bulletin/notice boards, galleries, chat rooms, community pages or other forums on this site (together “Forums”) are not necessarily those of MISC GAMES or its affiliated or related entities or content providers. MISC GAMES does not undertake to monitor or review Forums, and the content of Forums is not the responsibility of MISC GAMES. MISC GAMES may remove or modify any content without notice or liability at any time in its sole discretion. MISC GAMES shall not be liable for any failure to remove or delay in removing content. Any use of Forums will be at your own risk and will be subject to the limitations of liability set out below.

7. Submissions

MISC GAMES is interested in hearing from you. It is, however, our policy that we will not accept or consider unsolicited submissions of concepts, stories, or other potential content. Therefore, please do not send MISC GAMES any such unsolicited submissions.

From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), since they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.

In any event, any material you send to us will not be treated as confidential.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You understand and agree that all materials publicly posted (other than by MISC GAMES) or privately transmitted on or through this Site are the sole responsibility of the sender, not MISC GAMES, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

8. Our Use of Content

MISC GAMES will consider anything you provide to MISC GAMES and/or contribute to this Site as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see section 6 (Forums, Postings and E-mails) and section 7 (Submissions) above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to MISC GAMES (“User Content”), you automatically and irrevocably: (a) grant to MISC GAMES a perpetual worldwide royalty free license for MISC GAMES and/or for any person authorized by MISC GAMES, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, to use, reproduce, distribute, modify, publish, display, broadcast, transmit and make available to users of this Site, and/or to exploit in any other way, the User Content and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals); (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (d) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that MISC GAMES shall not be liable for any use or disclosure of such User Content.

9. Registration

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current, and complete. You agree to notify MISC GAMES immediately of any changes which are relevant to your registration. If we believe that any of the details are not correct, current, or complete, we have the right to refuse you access to this Site, or any of its resources, and to terminate or suspend your account.

Unless we have been informed to the contrary during the registration process, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement incorporating these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

10. Termination

You agree that MISC GAMES, in its sole discretion, may terminate any account (or any part of any account) that you may have with us and your use of this Site and remove and discard all or any part of your account or any Invited Submissions or any other material you may have sent to us, for any reason whatsoever in MISC GAMES’s sole discretion. You agree that any termination of your access to this Site or any account (or any part of any account) that you may have with us may be effected without prior notice, and you agree that MISC GAMES shall not be liable to you or any third-party for any such termination.

All disclaimers, indemnities and exclusions in these Terms of Use shall survive the termination of the agreement incorporating these Terms of Use for any reason.

11. System Abuse

Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

12. Security

Any passwords used for this Site are for individual use only, are personal to you and are not transferable. You shall be responsible for the security of your password (if any). MISC GAMES shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that MISC GAMES considers insecure, MISC GAMES will be entitled to require this to be changed and/or terminate your account. You are responsible for all information posted on this Site by anyone using your user name and password. If you become aware of any breach of security involving your user name and password you must notify us immediately.

You must not use any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, MISC GAMES reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

13. Service

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to this Site on the World Wide Web (including a computer, modem and/or other access devices).

MISC GAMES, reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

MISC GAMES reserves the right to suspend, restrict, or terminate access to this Site and/or edit, refuse to post or remove any Invited Submissions or any other material you submit for any reason at any time.

14. Local Regulations

MISC GAMES makes no representation that Materials or other content in this Site are appropriate or available for use outside of Norway. If you choose to access this Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable.

15. Indemnity

You agree to indemnify and hold harmless MISC GAMES and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from the breach by you or any person who may be authorized by you or for whom you are responsible (for example as employer) of any of these Terms of Use and/or from your placement or transmission of any Invited Submissions or any other material that you submit for any reason at any time onto this Site, and/or from any and all use of your account.

16. Third Party Sites

MISC GAMES may provide links to other websites or resources and may post or make available content provided by third parties (“Third Party Content”) solely as a convenience to its users. MISC GAMES role in providing Third Party Content is as distributor only and accordingly MISC GAMES does not review, assess, examine or endorse such Third Party Content including the accuracy or reliability of any text, information, data, photographs, graphics, advertisements, promotions, representations or statements. In addition, MISC GAMES does not know, does not examine and does not accept any duty to examine the way that you or other users use this Site or the nature of the information that you or other users are sending or uploading to this Site and MISC GAMES therefore excludes all liability of any kind (including for libel, breach of confidence, intellectual property right infringement, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature by, about or to you.

You acknowledge and agree that:

unless MISC GAMES expressly agrees otherwise, it is not responsible for services provided by third parties on this Site or for the availability of any sites or material you access through this Site MISC GAMES will not be party to any transaction or contract with a third party that you may enter into and MISC GAMES shall have no liability to you in respect of any such transaction, whether arising in contract, tort, under statute or otherwise; and you will not involve MISC GAMES in any dispute between you and a third party.

In particular, MISC GAMES cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from this Site since other shop channels are owned and operated by independent retailers. MISC GAMES does not endorse any of the merchandise, nor has MISC GAMES taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. MISC GAMES does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any such third party.

17. Our Obligations and Limitations on Liability

MISC GAMES CANNOT AND DOES NOT GUARANTEE THAT THIS SITE WILL ALWAYS BE FULLY OPERATIONAL OR ERROR FREE IT DOES NOT ACCEPT RESPONSIBILITY FOR ANY DEFECTS THAT MAY EXIST OR FOR ANY COSTS OR LOSSES THAT MAY ARISE FROM YOUR USE OF THIS SITE OR ANY INABILITY TO ACCESS THIS SITE.

MISC GAMES EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND SAVE IN RESPECT OF DEATH OR PERSONAL INJURY ARISING FROM MISC GAMES’S NEGLIGENCE, ALL LIABILITY FOR ANY CLAIMS, LOSSES, DEMANDS AND DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY CONNECTED WITH THIS SITE OR ITS UNAVAILABILITY. THIS EXCLUSION SHALL APPLY IN RESPECT OF (WITHOUT LIMITATION) ANY INTERRUPTION OF SERVICES, LOST PROFITS, LOSS OF CONTRACTS OR BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, EVEN IF MISC GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE.

MISC GAMES DOES NOT WARRANT THAT THIS SITE IS FREE FROM VIRUSES OR ANY OTHER MATERIAL THAT MAY HAVE A HARMFUL EFFECT ON ANY COMPUTER SOFTWRE OR HARDWARE OR TELECOMMUNICATIONS SYSTEM.