| Language: |
YOU SHOULD CAREFULLY READ THIS AGREEMENT (THE "AGREEMENT") BEFORE INSTALLING OR USING AN ACCOUNT AT ION. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THE GAME, REGISTER THE ACCOUNT OR USE IT.
You must be and hereby affirm that you are an adult of the legal age of majority in your country and state of residence. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement.
This Agreement sets the terms and conditions under which you are licensed to install and use ION online accounts ("Account") and ION's online gaming services and interactive games ("Games"). Your use of the Account is licensed, not sold, to you, and you acknowledge that no title or ownership with respect to the Account or the Games is being transferred or assigned and this Agreement should not be construed as a sale of any rights. Usage of the Account and the Game are subject to this Agreement and our Privacy Policy; and when applicable, Licensor's terms (collectively, the "Complete Terms"). The Complete Terms are incorporated into this Agreement by reference.
Online Account.
To use the ION Online Account, you may be required to register, or have previously registered, an ION Online Account (the "Account"). Games do not require a creation of the Account to its use, but you hereby acknowledge that Games can provide limited functionality without using the Account (typically, but not limited to Multiplayer functionality). Use of the Games, and creation and use of the Account are subject to the following terms and conditions:
You may establish the Account only if:
you are a "natural person" and an adult in your country and state of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish the Account);
you are not an individual specifically prohibited by ION from using the Account.
When you create or update the Account, you must:
select a unique username and password ("Login"). You should not share the Account or the Login with anyone else;
provide ION with accurate and up to date information that is personal to you, such as, but not limited to, your email address. ION's detention and/or use of your personal information is subject to ION's Privacy Policy, located at https://iongamedesign.com/pages/privacy-policy
ION shall also have the right to obtain non-personal data from your connection to the Account.
You are responsible for all uses of the Login and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login, you must immediately notify ION at ion.app@iongamedesign.com ION may require additional information and/or documentation to verify your claim, and then ION will take action to freeze your Account until ION has returned control of your Account to you. You agree that ION has sole and absolute discretion in determining whether or not your claim is valid and take appropriate steps to solve your claim.
Subject to the laws of your country of residence, minors may utilize an Account established or play a Game installed by their parent or legal guardian upon the parent/guardian's acceptance of this Agreement. When you permit your minor child or legal ward (collectively, your "Child") to use the Account or Games, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child.
Your use of the Account to interact with ION and/or other players is governed by ION's Code of Conduct (§6. The Code of Conduct is not meant to be exhaustive. The Code of Conduct is incorporated into this Agreement by this reference. You can find the Code of Conduct following this Agreement. Please note that violation of any part of ION's Code of Conduct may result in penalties against you and/or your Account, including suspension and/or termination of Game licenses.
Grant of License. If you accept and comply with the terms of this Agreement, ION will grant you a limited non-sub licensable, and non-exclusive license to use the Account and/or Game subject to the "License Limitations," set forth in §5A3.
You may install applicable components of the Game on one or more computers or mobile devices under your legitimate control.
You may use the Game and/or Account for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement or via a separate agreement with ION.
You may not transfer your rights and obligations to use the Game and/or Account.
License Limitations. ION may suspend or terminate your license to use the Account and/or Game, or parts, components and/or single features thereof, as mentioned in §5.I.2 if you do not comply with the Agreement, the Code of Conduct and other applicable Terms mentioned in this Agreement, and/or if you violate, or assist others in violating, the specific license limitations set forth below. In case of such a license suspension or termination you will not be entitled to any compensation in regard to the respective suspended or terminated license, including but not limited to game price, in-game items, currencies and services, tokens, etc. You agree that you will not, in whole or in part or under any circumstances, do the following:
Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
cheats; i.e. methods not expressly authorized by ION (whether accomplished using hardware, software, a combination, or otherwise), influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
hacks; i.e. accessing or modifying the Game in any manner not expressly authorized by ION;
Derivative Works: Copy or reproduce (except as provided in §5A2), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Games.
Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by ION in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by ION), or as part of content aggregation networks.
Toxicity / Disruption / Harassment: Engage in any toxic behavior, conduct disrupting or diminishing the game experience for other players, or disrupt the operation of the Account in any way, or harass ION's personnel, including:
Disrupting or assisting in:
the disruption of any computer used to support the Game; or
any other player's Game experience. ANY ATTEMPT TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Harassment, "griefing", toxic, abusive behavior or chat, conduct intended to undermine or disrupt the Game experiences of others, including but not limited to, deliberate inactivity or disconnecting.
Abusive, aggressive, demeaning or offensive behavior towards ION's Customer Service representatives including but not limited to chat, email, letter, phone or any other means of communication.
Alterations to the Games.
Patches and Updates: ION may update the Game or part of the Game, remotely without notifying you, provided that any such updates do not result in material derogation in the functionality of the Game, and you hereby grant to ION consent to deploy and apply such patches, updates, and modifications.
You understand that some additional storage space may be necessary to install Patches and Updates.
ION may change, modify, suspend, or discontinue any aspect of the Account at any time, including removing items, or revising the effectiveness of items in an effort to balance, improve, update, renew, etc. a Game. ION may also impose limits on certain features or restrict your access to parts or all of the Account with reasonable notice.
ION's Ownership.
ION is the owner or licensee of all rights, titles, and interests in and to the Games that are produced and developed by Ionized Game Design AB including the department ION Digital ("ION Games"). The following components of the Game are owned or licensed by ION:
All virtual content appearing within the Game, including, but not limited to:
Visual Components: Locations, artworks, structural or landscape designs, animations, and audio-visual effects;
Narrations: Themes, concepts, stories, and storylines;
Characters: The names, likenesses, inventories, and catchphrases of Game characters;
Items: Virtual goods, such as digital cards, currency, skins, sprays, pets, etc.;
AI related content;
All sounds, musical compositions, recordings, and sound effects originating in the Game;
All recordings, Game replays, or reenactments of in-game battles, duels, etc.;
All data and communications generated by, or occurring through, the Game;
Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Game;
All Accounts, including the name of the Account. All use of an Account shall go to ION's benefit. ION does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account.
Consent to Monitor. WHILE RUNNING, THE GAME MAY MONITOR YOUR COMPUTER, CONSOLE OR MOBILE DEVICE'S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY §5A3 ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM:
THE GAME MAY COMMUNICATE INFORMATION BACK TO ION, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR
ION MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to ION in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to ION receiving and/or using this data.
Limited Warranty. FOR RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM THE WARRANTIES APPLY AS PER APPLICABLE STATUTORY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM THE FOLLOWING APPLIES: THE PLATFORM 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. ION DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations of Liability.
ION may be liable in accordance with statutory law:
in case of an intentional breach
in case of gross negligence
for damages arising as a result of any injury to life, limb or health or
under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard for one's basic duties.
Without limiting the foregoing, you agree and acknowledge that ION may be liable for slight negligence only in case of a breach of a material contractual obligation. Material contractual obligation means any obligation:
which is necessary for the fulfillment of the Agreement
the breach of which would jeopardize the purpose of the Agreement
the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.
Indemnity. You agree to indemnify, defend and hold ION 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 Game.
Equitable Remedies. You hereby agree that ION would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Modification of the Agreement. ION may, from time to time, change or modify this Agreement as its business and the law evolves. In this case, ION will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Agreement within four (4) weeks following the special notice, your continued use of the Game will mean that you accept the amended Agreement.
Term and Termination and Sanctions.
Term. This Agreement is effective upon your creation of the Account and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Game.
Termination and Sanctions. You are entitled to terminate this Agreement for any legitimate reason as may be specified by applicable law or relevant court decision, subject to prior written notice by contacting ION at ion.app@iongamedesign.com
We are entitled to either suspend or terminate this Agreement in the following situations:
If you fail to comply with any terms contained in this Agreement and/or the Code of Conduct, ION will provide you with a warning of your non-compliance. The sanction will be graduated depending on the violation (notably temporary/definitive suspension of the Game or the Account, Removal of the account stats/level rating, silence). In case of a serious violation of this Agreement, or the Code of Conduct, ION will be entitled to immediately terminate this Agreement, the access to the Game license without any prior warning upon notification. In its sole discretion ION may decide to replace the immediate termination of this Agreement with a less severe sanction or a combination of sanctions which can be:
A temporary suspension of the Account and/or the Game(s). The length of the first temporary suspension may vary due to the severity of the violation and the Game.Â
"Silence" the Account or Game(s). ION may temporarily or permanently disable the possibility to use the Account/Game's communication tool(s) such as in-game text and voice chats.
In the event of any termination of this Agreement, your right to access and play Games will be revoked.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Sweden.
General.
ION may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights under this Agreement. You may not assign this Agreement without ION's prior written consent, and any unauthorized assignment by you shall be null and void.
ION's failure to enforce a provision of this Agreement shall not be construed as a:
waiver of such provision, or
diminishment of any right to enforce such provisions.
Further, ION may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Notices.
If to ION: All notices given by you under this Agreement shall be addressed to ion.app@iongamedesign.com
If to You: All notices given by ION under this Agreement shall be given to you either through email, website, blog post or by any other means of communication chosen by ION.
ION shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ION, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, aliens, natural disaster, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
This Agreement constitutes and contains the entire Agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written Agreements.
You must be and hereby affirm that you are an adult of the legal age of majority in your country and state of residence. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement.
This Agreement sets the terms and conditions under which you are licensed to install and use ION online accounts ("Account") and ION's online gaming services and interactive games ("Games"). Your use of the Account is licensed, not sold, to you, and you acknowledge that no title or ownership with respect to the Account or the Games is being transferred or assigned and this Agreement should not be construed as a sale of any rights. Usage of the Account and the Game are subject to this Agreement and our Privacy Policy; and when applicable, Licensor's terms (collectively, the "Complete Terms"). The Complete Terms are incorporated into this Agreement by reference.
Online Account.
To use the ION Online Account, you may be required to register, or have previously registered, an ION Online Account (the "Account"). Games do not require a creation of the Account to its use, but you hereby acknowledge that Games can provide limited functionality without using the Account (typically, but not limited to Multiplayer functionality). Use of the Games, and creation and use of the Account are subject to the following terms and conditions:
You may establish the Account only if:
you are a "natural person" and an adult in your country and state of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish the Account);
you are not an individual specifically prohibited by ION from using the Account.
When you create or update the Account, you must:
select a unique username and password ("Login"). You should not share the Account or the Login with anyone else;
provide ION with accurate and up to date information that is personal to you, such as, but not limited to, your email address. ION's detention and/or use of your personal information is subject to ION's Privacy Policy, located at https://iongamedesign.com/pages/privacy-policy
ION shall also have the right to obtain non-personal data from your connection to the Account.
You are responsible for all uses of the Login and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login, you must immediately notify ION at ion.app@iongamedesign.com ION may require additional information and/or documentation to verify your claim, and then ION will take action to freeze your Account until ION has returned control of your Account to you. You agree that ION has sole and absolute discretion in determining whether or not your claim is valid and take appropriate steps to solve your claim.
Subject to the laws of your country of residence, minors may utilize an Account established or play a Game installed by their parent or legal guardian upon the parent/guardian's acceptance of this Agreement. When you permit your minor child or legal ward (collectively, your "Child") to use the Account or Games, you hereby agree to this Agreement on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Account by your Child.
Your use of the Account to interact with ION and/or other players is governed by ION's Code of Conduct (§6. The Code of Conduct is not meant to be exhaustive. The Code of Conduct is incorporated into this Agreement by this reference. You can find the Code of Conduct following this Agreement. Please note that violation of any part of ION's Code of Conduct may result in penalties against you and/or your Account, including suspension and/or termination of Game licenses.
Grant of License. If you accept and comply with the terms of this Agreement, ION will grant you a limited non-sub licensable, and non-exclusive license to use the Account and/or Game subject to the "License Limitations," set forth in §5A3.
You may install applicable components of the Game on one or more computers or mobile devices under your legitimate control.
You may use the Game and/or Account for your personal and non-commercial entertainment purposes only, unless specifically allowed under the terms of this Agreement or via a separate agreement with ION.
You may not transfer your rights and obligations to use the Game and/or Account.
License Limitations. ION may suspend or terminate your license to use the Account and/or Game, or parts, components and/or single features thereof, as mentioned in §5.I.2 if you do not comply with the Agreement, the Code of Conduct and other applicable Terms mentioned in this Agreement, and/or if you violate, or assist others in violating, the specific license limitations set forth below. In case of such a license suspension or termination you will not be entitled to any compensation in regard to the respective suspended or terminated license, including but not limited to game price, in-game items, currencies and services, tokens, etc. You agree that you will not, in whole or in part or under any circumstances, do the following:
Cheating: Create, use, offer, promote, advertise, make available and/or distribute the following or assist therein:
cheats; i.e. methods not expressly authorized by ION (whether accomplished using hardware, software, a combination, or otherwise), influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods;
hacks; i.e. accessing or modifying the Game in any manner not expressly authorized by ION;
Derivative Works: Copy or reproduce (except as provided in §5A2), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Games.
Matchmaking: Host, provide or develop matchmaking services for the Game(s), or intercept, emulate or redirect the communication protocols used by ION in any way, for any purpose, including without limitation unauthorized play over the internet, network play (except as expressly authorized by ION), or as part of content aggregation networks.
Toxicity / Disruption / Harassment: Engage in any toxic behavior, conduct disrupting or diminishing the game experience for other players, or disrupt the operation of the Account in any way, or harass ION's personnel, including:
Disrupting or assisting in:
the disruption of any computer used to support the Game; or
any other player's Game experience. ANY ATTEMPT TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
Harassment, "griefing", toxic, abusive behavior or chat, conduct intended to undermine or disrupt the Game experiences of others, including but not limited to, deliberate inactivity or disconnecting.
Abusive, aggressive, demeaning or offensive behavior towards ION's Customer Service representatives including but not limited to chat, email, letter, phone or any other means of communication.
Alterations to the Games.
Patches and Updates: ION may update the Game or part of the Game, remotely without notifying you, provided that any such updates do not result in material derogation in the functionality of the Game, and you hereby grant to ION consent to deploy and apply such patches, updates, and modifications.
You understand that some additional storage space may be necessary to install Patches and Updates.
ION may change, modify, suspend, or discontinue any aspect of the Account at any time, including removing items, or revising the effectiveness of items in an effort to balance, improve, update, renew, etc. a Game. ION may also impose limits on certain features or restrict your access to parts or all of the Account with reasonable notice.
ION's Ownership.
ION is the owner or licensee of all rights, titles, and interests in and to the Games that are produced and developed by Ionized Game Design AB including the department ION Digital ("ION Games"). The following components of the Game are owned or licensed by ION:
All virtual content appearing within the Game, including, but not limited to:
Visual Components: Locations, artworks, structural or landscape designs, animations, and audio-visual effects;
Narrations: Themes, concepts, stories, and storylines;
Characters: The names, likenesses, inventories, and catchphrases of Game characters;
Items: Virtual goods, such as digital cards, currency, skins, sprays, pets, etc.;
AI related content;
All sounds, musical compositions, recordings, and sound effects originating in the Game;
All recordings, Game replays, or reenactments of in-game battles, duels, etc.;
All data and communications generated by, or occurring through, the Game;
Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Game;
All Accounts, including the name of the Account. All use of an Account shall go to ION's benefit. ION does not recognize the transfer of Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void and may result in the forfeiture of the Account.
Consent to Monitor. WHILE RUNNING, THE GAME MAY MONITOR YOUR COMPUTER, CONSOLE OR MOBILE DEVICE'S MEMORY FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING EITHER CONCURRENTLY WITH A GAME OR OUT OF PROCESS. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE PROHIBITED BY §5A3 ABOVE. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM:
THE GAME MAY COMMUNICATE INFORMATION BACK TO ION, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE; AND/OR
ION MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER. Additionally, certain Games include a tool that will allow your computer system to forward information to ION in the event that the Game crashes, including system and driver data, and by agreeing hereto you consent to ION receiving and/or using this data.
Limited Warranty. FOR RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM THE WARRANTIES APPLY AS PER APPLICABLE STATUTORY LAW. FOR ANY RESIDENTS OUTSIDE THE EUROPEAN UNION AND THE UNITED KINGDOM THE FOLLOWING APPLIES: THE PLATFORM 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. ION DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME CLIENT OR THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations of Liability.
ION may be liable in accordance with statutory law:
in case of an intentional breach
in case of gross negligence
for damages arising as a result of any injury to life, limb or health or
under any applicable product liability act. Gross negligence refers to an action or omission of significant carelessness, demonstrating a clear disregard for one's basic duties.
Without limiting the foregoing, you agree and acknowledge that ION may be liable for slight negligence only in case of a breach of a material contractual obligation. Material contractual obligation means any obligation:
which is necessary for the fulfillment of the Agreement
the breach of which would jeopardize the purpose of the Agreement
the compliance with which one may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages. Slight negligence means any negligence which is not gross negligence.
Indemnity. You agree to indemnify, defend and hold ION 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 Game.
Equitable Remedies. You hereby agree that ION would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Modification of the Agreement. ION may, from time to time, change or modify this Agreement as its business and the law evolves. In this case, ION will notify you of any such changes or modifications by providing special notice. If you do not object to the amended Agreement within four (4) weeks following the special notice, your continued use of the Game will mean that you accept the amended Agreement.
Term and Termination and Sanctions.
Term. This Agreement is effective upon your creation of the Account and shall remain in effect until it is terminated or superseded by a New Agreement, or, if neither of the foregoing events occur, as long as you continue using the Game.
Termination and Sanctions. You are entitled to terminate this Agreement for any legitimate reason as may be specified by applicable law or relevant court decision, subject to prior written notice by contacting ION at ion.app@iongamedesign.com
We are entitled to either suspend or terminate this Agreement in the following situations:
If you fail to comply with any terms contained in this Agreement and/or the Code of Conduct, ION will provide you with a warning of your non-compliance. The sanction will be graduated depending on the violation (notably temporary/definitive suspension of the Game or the Account, Removal of the account stats/level rating, silence). In case of a serious violation of this Agreement, or the Code of Conduct, ION will be entitled to immediately terminate this Agreement, the access to the Game license without any prior warning upon notification. In its sole discretion ION may decide to replace the immediate termination of this Agreement with a less severe sanction or a combination of sanctions which can be:
A temporary suspension of the Account and/or the Game(s). The length of the first temporary suspension may vary due to the severity of the violation and the Game.Â
"Silence" the Account or Game(s). ION may temporarily or permanently disable the possibility to use the Account/Game's communication tool(s) such as in-game text and voice chats.
In the event of any termination of this Agreement, your right to access and play Games will be revoked.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Sweden.
General.
ION may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent, as long as the assignment does not reduce your rights under this Agreement. You may not assign this Agreement without ION's prior written consent, and any unauthorized assignment by you shall be null and void.
ION's failure to enforce a provision of this Agreement shall not be construed as a:
waiver of such provision, or
diminishment of any right to enforce such provisions.
Further, ION may choose to waive enforcement of a provision of this Agreement in a particular instance; however, you are still obligated to comply with that waived provision in the future.
Notices.
If to ION: All notices given by you under this Agreement shall be addressed to ion.app@iongamedesign.com
If to You: All notices given by ION under this Agreement shall be given to you either through email, website, blog post or by any other means of communication chosen by ION.
ION shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ION, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, aliens, natural disaster, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
This Agreement constitutes and contains the entire Agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written Agreements.