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TERMS OF USE
WELCOME TO CLOUDBORN, A SINGLE-PLAYER CLIMBING/EXPLORATION VIRTUAL REALITY GAME. BEFORE ACCESSING AND PLAYING THE CLOUDBORN GAME, USING THE RELATED SERVICES OR ACCESSING ANY GAME RELATED WEBSITES, ETC. (THE GAME, RELATED SERVICES AND THE WEBSITES HEREINAFTER THE “GAME”), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY THESE TERMS OF USE AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN LOGTOWN STUDIOS AB AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE GAME (“END USER”). IF YOU ARE AN END USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 23 AND 24, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND PLAY THE GAME. LOGTOWN STUDIOS AB RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THESE TERMS OF USE. LOGTOWN STUDIOS AB MAY DISABLE ACCESS TO THE GAME AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.
THIS IS A VIRTUAL REALITY GAME. WHEN PLAYING THE GAME YOU MAY NOT BE ABLE TO SEE OR HEAR YOUR PHYSICAL SURROUNDINGS WHEN WEARING A VIRTUAL REALITY HEADSET. IT IS YOUR RESPONSIBILITY TO CONTROL YOUR SURROUNDINGS AND MOVEMENTS AT ALL TIMES WHEN PLAYING THE GAME TO ENSURE THAT YOU DON’T INJURE YOURSELF, ANY OTHER PERSONS, DAMAGE ANY PROPERTY ETC. FALLING, STRIKING OR OTHERWISE CONTACTING ANYTHING WHILE PLAYING THE GAME MAY LEAD TO PERSONAL INJURY, PROPERTY DAMAGES, AND EVEN CAUSE DEATH. ANY PLAYING OF THE GAME IS AT YOUR OWN RISK.
1. Acceptance
This document (“Terms of Use”) is a legal agreement between you (“You” or “the user”) and Logtown Studios AB, a Swedish corporation, with registered and business offices at Tegelbacken 4A, 111 52 Stockholm, Sweden (“Logtown”) and governs your use of the Game, whether or not you are a registered End User of Logtown.
PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS OF USE. LOGTOWN OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAME AND PERMITS YOU TO PLAY THE GAME ONLY IN ACCORDANCE WITH THESE TERMS. YOUR PLAYING OF THE GAME CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND PLAY THE GAME.
2. The Game
The Game is a single-player climbing/exploration virtual reality game. The game lets the player explore and climb through a lost civilization, while unraveling its mystery. The Game is played in single player mode.
3. Access to the Game
To access and play the Game you must register an account with a platform/service provider (i.e. Steam, Viveport, Oculus Home etc.), unless the Game is expressly provided in a form and venue where an account is not required (i.e. arcade game consoles etc.). You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Logtown reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in game currency, characters etc. to another person or entity, unless specifically permitted in writing by Logtown. Further, you must be 13 years or older to be entitled to access and play the Game. This Game is not intended for children under the age of 13. Children under the age of 13 may not access and play the Game. If you are at least 13 years old but under 18 years of age you need parental consent to access and play the Game and any activities in the Game must be under the legal responsibility of the parents. Any registration by, use of or access to the Game by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of these Terms of Use.
4. Third Party Accounts
If enabled by Logtown in its sole discretion, you may establish an account with account data provided to Logtown by a third party such as a gaming platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party.
5. Registration
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all activities that occur under your account or password. Logtown, its affiliates and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
For information regarding how Logtown handle the information you transmit through the Game please visit the Privacy Policy. Please note that your access to and playing of the Game constitutes your acceptance of the Privacy Policy.
6. Products and services
Logtown reserves the right to add, modify, or delete/cancel the Game, including your access to the Game at any time. Logtown makes no representation or warranty as to the completeness or accuracy of the Game nor does it represent or warrant that the Game will be available at all times or at any time. The Game may be incomplete, may contain errors etc. Logtown makes no commitment and expressly disclaims any duty to fix any errors or lack of functionality in the Game. The Game is provided on an “as is” basis without any express warranties.
7. Payment
You agree to fully pay for the Game and any and all products and services ordered in the Game. You are responsible for providing Logtown and/or the platform/service providers with valid credit card information to secure payment. Logtown and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal etc. Logtown or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once Logtown or the platform/service provider have had the opportunity to confirm your purchase.
8. Payment terms
In order to access and play the Game, access certain additional content, premium services etc. you are required to pay certain fees (the Game and the premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at the platform/service provider’s Game access pages etc. Logtown may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. Logtown may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Logtown or the platform/service provider may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
However, a remaining portion of the payment may be credited in Logtown’s and/or the platform/service provider sole discretion should you decide to upgrade your services. When you purchase the Game and any product or service in the Game or in relation to the Game you authorize Logtown or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Logtown or the platform/service provider are not required to collect) and for all hardware, software, Internet, Virtual Reality equipment (platform specific VR headsets/screen etc.) and other costs you incur to access and play the Game. Logtown and/or the platform/service providers reserves the right to change the fees and availability of the Game at any time without notice; provided, however, such price change will not affect your purchase price for orders that Logtown or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.
9. Access
In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, Logtown or the platform/service provider will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the Game and enable you to access and play the Game subject to the other applicable provisions, limitations and restrictions in these Terms of Use. You may not upload or republish the Game or Game Content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game Content is strictly prohibited. If Logtown or the platform/service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at Logtown’s or the platform/service provider’s discretion.
10. Delivery of products and services
Logtown provides the Game on an “as is” basis. Logtown or the platform/service provider shall endeavor to deliver the Game that you have ordered to you within a reasonable amount of time. However, technical problems may delay or prevent delivery and except as set forth in the next sentence, Logtown or the platform/service provider shall have no liability to you with respect to delays or delivery problems. Your sole remedy with respect to the Game, a purchased product or service that is not delivered within a reasonable amount of time after ordering is to either receive a replacement of the Game, product or service, or a refund of the purchase price paid for the Game, product or service, as determined by Logtown or the platform/service provider in their sole discretion.
11. Links to other Games
The Game, platforms etc. may contain links to other Games, websites, services etc. Logtown does not review or evaluate any Games, websites, services etc. linked to in the Game or the platform and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these Games, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such Games, websites, services, the platforms etc. You should carefully review the respective conditions of use for each of these games, websites, services etc. Under no circumstances shall Logtown be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, products, goods, or services etc. available on such Games, websites, services, platforms etc.
12. Indemnification
Your access to and playing of the Game constitutes your agreement to defend, indemnify, and hold harmless Logtown, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Game including related services by a third party with the use of your account.
13. Termination
These Terms of Use are effective until amended by Logtown in its sole discretion. Logtown may change, suspend, or discontinue all or any aspect of the Game at any time for any reason without prior notice or liability, including, without limitation, the availability of the Game or any feature, without prior notice or liability. Logtown may cease to provide the Game or any or all of the products and services offered in connection with the Games, terminate the Terms of Use, and cancel all of the rights granted to you under the Terms of Use at any time for any reason without prior notice or liability. Logtown may, but is not obligated to, communicate such termination to you in any of the following manners: (i) in a notice in the Game; (ii) via electronic mail; (iii) in these Terms of Use, or (iv) in another manner that Logtown deems suitable to inform you of the termination. If Logtown terminates the Game, you will not receive a refund of paid fees. In the event of any termination hereunder Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, 25, 26, 27, 28 and 29, of these Terms of Use will survive termination.
14. Disclaimers and limitations of liability
THE GAME IS PROVIDED BY LOGTOWN ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOGTOWN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, LOGTOWN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF LOGTOWN, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH LOGTOWN PROVIDE RULES FOR USER CONDUCT AND POSTINGS, LOGTOWN DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. LOGTOWN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF LOGTOWN, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LOGTOWN, ITS PARENTS, AFFILIATES, LICENSEES, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “LOGTOWN” FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAME OR OTHERWISE FROM LOGTOWN OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LOGTOWN’S RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE GAME. LOGTOWN TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LOGTOWN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOGTOWN’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
15. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT LOGTOWN SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LOGTOWN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LOGTOWN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LOGTOWN OR A LOGTOWN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
LOGTOWN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND LOGTOWN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOGTOWN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, OR DEFECT IN OR CAUSED BY THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOGTOWN’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
16. Seizure warning, motion sickness etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality headset may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Logtown takes no responsibility for such effects and end results and you are accessing and playing the Game on your own risk. Nor does Logtown take any responsibility for motion sickness, any balance problem that may occur from the playing of the Game etc.
17. Trademarks and Game marks
The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of Logtown or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
18. Intellectual Property Rights
You acknowledge and agree that all content, design elements, and materials available in the Game, for example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names (“Logtown Content”) are owned by Logtown and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Logtown and/or its partners and licensors. Logtown and its partners and licensors retain all right, title and interest in and to the Logtown Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Logtown Content in any form or for any means, unless expressly permitted in this Agreement. Logtown's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Logtown. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Logtown Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Game or Logtown Content. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against Logtown any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
19. Prohibited use
You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting Logtown’s rights to control the Game’s environment, and the conduct of the End Users within that environment, Logtown prohibits the following practices that Logtown has determined detract from the overall user experience and you are strictly prohibited from:
1) Taking any action that imposes an unreasonable or disproportionately large load on the System of the Game;
2) Use of your own or third-party software to modify any content appearing within the Game, its environment or change how the Game is played or services used;
3) Use of your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by Logtown;
4) Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
5) When naming any character, team, guild or clan you may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
6) You may not post or communicate any player's real world information (name, address, account name, etc.) in the Game, on the Websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or posting such information in the Game or other permitted websites;
7) You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
8) You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
9) You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images;
10) You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Logtown;
11) You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content;
12) You may not impersonate Logtown, its’ employees etc;
13) You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
14) You may not violate or encourage others to violate any local, state, national, or international laws or regulations;
15) You may not market, promote, advertise, or solicit products or services in the Game;
16) You may not modify any part of the Game, or Clients, Servers etc;
17) You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;
18) You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;
19) You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Game;
20) You will follow the instructions of authorized personnel in or related to the Game;
21) You may not organize nor be a member of any pledges or groups within the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;
22) You may not provide false information or intentionally hide any information when registering for your account in the Game;
23) You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;
24) You will not exploit any bug in the Game and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game. Bugs should be promptly reported to info@logtownstudios.com;
25) You will not attempt to play the Game on any server or platform that is not controlled or authorized by Logtown Studios AB, its designees or platform/service providers;
26) You will not create, use, or provide any server emulator or other site where the Game may be played, and you will not post or distribute any utilities, emulators or other software tools related to the Game without the express written permission of Logtown;
27) You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
28) Using Logtown’s copyrights or trademarks or any confusingly similar marks;
29) Uploading invalid data, viruses, worms, or other software agents to the Game;
30) Collecting information from other End Users without obtaining their consent; or
31) Otherwise use the Game in any manner that breaches the terms and conditions of the Terms of Use or the Privacy Policy.
Logtown and the platform/service providers can close down your account and stop your access to the Game for any reason, at any time, without notice, including, but not limited to if we believe that You violate these Terms of Use, the Privacy Policy, our policies.
20. Communication and Feedback
Logtown may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. Logtown may occasionally ask you to provide information on your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Logtown. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Logtown, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Logtown and acknowledge that Logtown may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Logtown by following the specific instructions in promotional messages or by our customer support at info@logtownstudios.com. These communication choices do not apply to mandatory service communications that are considered part of the Game. which you may receive periodically.
21. Electronic communications
When you play the Game or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means Logtown finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.
22. User Disputes
You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.
23. Arbitration
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
24. Class action waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 23 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
25. Claims
YOU AND LOGTOWN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
26. Governing law
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Use that is not subject to mandatory arbitration as set forth above in section 23 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, Logtown may apply to any court of competent jurisdiction for injunctive or other equitable relief.
27. Severability
If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
28. Modification
Logtown reserves the right, at its discretion, to update or revise the Terms of Use at any time. Logtown will post such changes in the Game and or forums etc. related to the Game and these additional or revised terms will become part of the Terms of Use. Please check this Terms of Use document periodically for changes. Your continued playing of the Game constitutes your binding acceptance of the Terms of Use, including any changes or modifications made by Logtown as permitted above.
29. Entire agreement
These Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Logtown may assign its rights under the Terms of Use without notice to you. You may not assign Your rights under the Terms of Use.
30. Disclosure
The Game and related products and services hereunder are offered by Logtown Studios AB, a Swedish corporation, with registered and business offices at Tegelbacken 4A; 111 52 Stockholm, Sweden, email: info@logtownstudios.com.
Last Updated: September 26 2017
PRIVACY POLICY
Logtown Studios AB, a Swedish corporation, with registered and business offices at Tegelbacken 4A, 111 52 Stockholm, Sweden (“Logtown”) respects your privacy and provides you with this Privacy Policy (“Privacy Policy”) so that you may understand the ways in which we do and do not use the information you transmit when accessing and playing Cloudborn, accessing and using related services (hereinafter the “Game”). Please note that your access and use of the Game constitutes your acceptance of this Privacy Policy as well as our Terms of Use.
IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR PLAY THE GAME.
Please note that this Privacy Policy applies only to information submitted and collected online through the Game, and does not apply to information that may be collected by Logtown or its affiliates offline.
1. What information is collected
When you access and play the Game you provide Logtown and/or the platform/service providers with two types of information: Personal information you knowingly choose to disclose which is collected by Logtown and/or the platform/service providers and Game use information collected by Logtown and/or the platform/service providers as you interact with the Game. When you register an account for the Game you provide Logtown and/or the platform/service provider with certain personal information, such as your name, your email address, and any other personal or preference information that you provide to Logtown and/or the platform/service provider. When you enter the Game, Logtown or the platform/service provider may collect your browser type and IP address etc. This information is gathered for all Game visitors and/or players.
When you play the Game, you may set up your personal profile and transmit information through various channels etc. Logtown and/or the platform/service providers collect this information so that we can provide you the service and offer personalized features. In general, Logtown and/or the platform/service provider retain such information so that, for example you can return to your account stored information etc. When you update such information, Logtown and/or the platform/service provider normally keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
Logtown and/or the platform/service providers cannot control the actions of other Users or other persons who play the Game. Therefore, Logtown and/or the platform/service provider cannot and do not guarantee that your account will not be viewed by unauthorized persons. Logtown and the platform/service provider are not responsible for circumvention of any privacy settings or security measures contained in the Game by any party. You understand and acknowledge that, even after removal of any account information may remain viewable in cached and archived pages.
Any improper collection or misuse of user accounts or information provided in the Game is a violation of the Terms of Use and should be reported to Logtown at info@logtownstudios.com
If you choose to use any invitation service to tell a friend about the Game, Logtown or the platform/service provider will ask you for information needed to send the invitation, such as your friend's email address etc. Logtown or the platform/service provider will automatically send your friend a one-time email or instant message inviting him or her to visit the Game. Logtown and/or the platform/service provider stores this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact Logtown at info@logtownstudios.com to request that Logtown remove this information from its database.
Logtown may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other End Users of the Game through the operation of the service in order to provide you with more useful information and a more personalized experience. Logtown collects financial information as set out in Section 4 of this Privacy Policy. Logtown does not use financial information for any purpose other than processing payments. By accessing and playing the Game you are consenting to have your personal data transferred to and processed in the United States and the European Union etc.
2. Use and disclosure of information
When you register an account in the Game, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, may be displayed to people in the networks specified in your privacy settings to enable you to connect with people in the Game. We may occasionally use your name and email address to send you notifications regarding new services offered that we think may be of interest to you. Profile information is used by Logtown primarily to be presented back to and edited by you when you access the Game. In some cases, where your privacy settings permit it (e.g., posting to your wall), other End Users may be able to supplement your profile. Profile information you submit in the Game will be available to End Users of the Game who belong to at least one of the social networks you allow to access the information through your privacy settings. Your name, network names, and profile picture thumbnail will be available in search results across the Game network and those limited pieces of information may be made available to third party search engines. This is primarily so your friends can find you and send a friend request. People who see your name in searches, however, will not be able to access your profile information unless they have a relationship to you (friend, friend of friend, member of your social networks, etc.) that allows such access based on your privacy settings.
Logtown and/or the platform/service providers may send you Game service-related announcements from time to time through the general operation of the Game. Logtown reserves the right to send you notices about your account even if you opt out of all voluntary email notifications. Logtown may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as personalizing advertisements and promotions so that we can provide you the best Game experience and enjoyment etc. Logtown believe this benefits you and might be interesting to you. We may use information about you that we collect from other sources, including but not limited to newspapers and Internet sources such as blogs, instant messaging services, Game Platform developers and other users of the Game, to supplement your profile. Where such information is used, we generally allow you to specify in your privacy settings that you do not want this to be done or to take other actions that limit the connection of this information to your profile (e.g., removing photo tag links).
Generally, the personally identifiable information collected by Logtown will only be used for the particular purpose for which it was collected. Logtown may also transfer, disclose or share your personally identifiable information with certain partners and affiliates, and third parties who may be engaged by it specifically to handle and deliver certain activities necessary to operate the Game (e.g., processing orders and payments etc.); these third parties only have access to personal information needed to perform their functions. Additionally, in the event of a corporate reorganization (e.g., all or substantially all of the assets relating to Logtown are transferred or sold to another entity), personally identifiable information submitted to Logtown may be transferred to the acquiring entity. Logtown may also disclose personally identifiable information to third parties in order to comply with national, international, federal, state or local laws, in response to requests by law enforcement agencies, to enforce its Terms of Use, or to protect the rights, property or safety of Logtown, the Game, End Users etc.
You agree to and accept that we may also occasionally use your email address to send you announcements regarding the Game, our products and services and/or business that may be of interest to you. This includes the right to send you sales offers and advertising regarding our games, products and services and/or business, including product placements in the Game.
Logtown requests that anyone under the age of 18 not send any personal information about themselves over the Internet unless sent under the supervision of their parent or guardian. We do not knowingly collect personal information such as name and email address from children under 13 years old in the Game. We believe it is important to safeguard the privacy of children and encourage parents to regularly monitor their children’s use of online activities. If you are a parent and believe that your child under the age of 13 has accessed and/or played the Game and provided personally identifiable information to us, please contact us at info@logtownstudios.com or the mailing address at the end of this Privacy Policy and we will work to delete that account and any such personally identifiable information.
We may use personally identifying information and records for defense of any lawsuit, investigation or other actions if such personally identifying information, records or profiles are relevant to a lawsuit, investigation or action.
3. Cookies and logs etc.
Cookies. A cookie is information a website places on your computer’s hard drive so that the website is able to remember your preferences and/or which pages you visited on the website and make your visit more efficient and enjoyable. Logtown may use cookies to determine the number of unique visitors to the Game over a given period, or to remember user account details, etc. so that the need for multiple log-ins is eliminated. It may combine information collected through cookies to any personal information submitted online when using the Game to help personalize a user’s access to and playing of the Game. Cookies may be disabled on your computer by indicating this in the preferences or options menus in your browser.
Log files. Log files are files that log actions that have occurred on a website. Logtown may collect data in the form of log files and may use such log files to gather statistics about End Users user habits and to assess overall Game activity, including how many "hits" a particular web page is getting and other navigational data. These entries are generated anonymously, and enable Logtown to track interest in specific promotions, troubleshoot technical concerns, and provide End Users with content that may be of interest to them. Log files are used internally only, and are not associated with any particular user, computer, or browser.
Web beacons. The Game may use a variety of technical methods for tracking purposes, including “Web beacons” etc. Web beacons are small pieces of data that are embedded in images on the pages of the Game. We may also use these technical methods to analyze the traffic patterns in the Game, such as the frequency with which End Users accesses various parts of the Game etc. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We also use these technical methods in HTML emails that we send our End Users to determine whether our End Users have opened those emails or clicked on links in those emails. The information from use of these technical methods may be collected in a form that is personally identifiable.
4. Payment information
End Users purchasing the Game may be asked by us or the platform/service provider to provide certain personally identifiable information, such as full name, billing address, email address, phone number and credit card number/expiration date etc. Please note that you must be the age of 18 or older to make Game purchases.
Once End Users have successfully entered valid credit card information and completed the order process, a purchasing account will be created and maintained for them. If End Users do not complete the order process, the information they submitted during the order process will not be captured by Logtown’s systems. Logtown or the platform/service provider uses the information provided to process the End User’s order and to send order confirmations via email etc, as well as to make future purchases easier for the End User. Logtown does not sell, transfer or share customer information with third parties, except when the information is transferred, disclosed and shared with its third-party agent(s) who uses the information solely to handle and deliver certain online activities necessary to operate Logtown’s business (e.g., processing orders and payments).
Logtown is always looking for ways to improve your experience in the Game. Logtown may at times solicit additional personally identifiable information to help it to offer new games, products and services that may be of interest to you.
5. Security
Logtown and the platform/service providers has taken steps to ensure that the personally identifiable information it collects is secure and have taken reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from our Game’s End Users. Personal information is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees and contractors. We and the platform/service providers also have security measures in place to protect the loss, misuse, and alteration of the information under our and the platform/service providers’ control. However, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with the Game, that we store on our systems or that is stored on our service providers' systems.
Please note that Logtown and the platform/service providers may provide links to other games and websites that are operated and hosted by third parties who may have their own information collection practices. These other games and websites are governed by their own privacy policies, which may be substantially different from Logtown’s policy. Visitors to other games and websites are encouraged to review the privacy policies and information collection practices of those websites.
6. Sharing Your Information with Third Parties
We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the Game and related services, 2) where legally required or, 3) when permitted by you. For example:
• We may provide information to service providers to help us bring you the services we offer in and related to the Game. Specifically, we may use third parties to facilitate our business, such as to host the Game, to send out email updates about the Game, to remove repetitive information from our user lists, to process payments for products or services etc. In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the specified purposes.
• The platform/service providers will have access to your personal information. Logtown cannot control how the platform/service providers use any personal information that they may obtain in connection with the Game. The platform/service providers may require you to sign up to their own Terms of Use, privacy policies or other policies, which may give them additional rights or impose additional obligations on you, so please make sure to review those terms and policies carefully.
• We may occasionally provide demonstration accounts that allow non-users a glimpse into the Game. Such accounts have only limited capabilities and passwords are changed regularly to limit possible misuse.
• We may be required to disclose End User information pursuant to legal requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants etc. meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Game or misuse of the Games name, or to prevent imminent bodily harm etc. This may include sharing information with other companies, lawyers, agents or government agencies etc.
• When you use the Game, certain information you post or share may be shared with other End Users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, or other items, this information may become publicly available.
7. Changing or Removing Account Information
End Users may modify or delete any or all of their profile information at any time by logging into their account. Information will be updated immediately. End Users who wish to deactivate their Game account may do so in accordance with the terms of the platform/service providers. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to other End Users or visitors of the Game.
8. Changes to our Privacy Policy
This Privacy Policy applies to all information collected by you or provided to us on and after the Effective Date. This Privacy Policy is subject to change and we may make any changes to this Privacy Policy as we see fit. Logtown will notify you of material changes by posting them in the Game, the platforms or on the websites etc. You are encouraged to check back and review this Privacy Policy from time to time so that you will always know what information is collected how it is used and to whom it is disclosed. Your continued use of the Game subject to this Privacy Policy will signify your acceptance of Privacy Policy changes.
9. International Data Transfers
Logtown is based in Sweden, and your personal information is collected and processed in accordance with Swedish privacy laws and EU Directive 95/46/EC on data protection. You agree and accept that Logtown may share your information with third parties, out of which some may be located in countries outside the European Economic Area (“EEA”) and transfer and store Your personal information and data in the United States.
You should be aware that the privacy laws in such countries may not be equivalent to the EU privacy laws, and by using the Service you consent to your personal information being transferred to and processed and/or stored in countries outside the EEA, including the United States.
10. Governing Law, Disputes
Any dispute, controversy or claim arising out of or in connection with this Privacy Policy, or the breach, termination or invalidity thereof, shall be governed by the laws and venue as stated in sections 23-26 of the Terms of Use .
11. Contact
If you have any questions, complaints or comments regarding our Privacy Policy, please contact Logtown at
Logtown Studios AB
Tegelbacken 4A
111 52 Stockholm, Sweden
Email: info@logtownstudios.com
Last Updated: September 26, 2017
WELCOME TO CLOUDBORN, A SINGLE-PLAYER CLIMBING/EXPLORATION VIRTUAL REALITY GAME. BEFORE ACCESSING AND PLAYING THE CLOUDBORN GAME, USING THE RELATED SERVICES OR ACCESSING ANY GAME RELATED WEBSITES, ETC. (THE GAME, RELATED SERVICES AND THE WEBSITES HEREINAFTER THE “GAME”), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY THESE TERMS OF USE AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN LOGTOWN STUDIOS AB AND YOU WHETHER OR NOT YOU ARE A REGISTERED PLAYER OF THE GAME (“END USER”). IF YOU ARE AN END USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 23 AND 24, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND PLAY THE GAME. LOGTOWN STUDIOS AB RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE GAME FOR ANYONE WHO VIOLATES THESE TERMS OF USE. LOGTOWN STUDIOS AB MAY DISABLE ACCESS TO THE GAME AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.
THIS IS A VIRTUAL REALITY GAME. WHEN PLAYING THE GAME YOU MAY NOT BE ABLE TO SEE OR HEAR YOUR PHYSICAL SURROUNDINGS WHEN WEARING A VIRTUAL REALITY HEADSET. IT IS YOUR RESPONSIBILITY TO CONTROL YOUR SURROUNDINGS AND MOVEMENTS AT ALL TIMES WHEN PLAYING THE GAME TO ENSURE THAT YOU DON’T INJURE YOURSELF, ANY OTHER PERSONS, DAMAGE ANY PROPERTY ETC. FALLING, STRIKING OR OTHERWISE CONTACTING ANYTHING WHILE PLAYING THE GAME MAY LEAD TO PERSONAL INJURY, PROPERTY DAMAGES, AND EVEN CAUSE DEATH. ANY PLAYING OF THE GAME IS AT YOUR OWN RISK.
1. Acceptance
This document (“Terms of Use”) is a legal agreement between you (“You” or “the user”) and Logtown Studios AB, a Swedish corporation, with registered and business offices at Tegelbacken 4A, 111 52 Stockholm, Sweden (“Logtown”) and governs your use of the Game, whether or not you are a registered End User of Logtown.
PLEASE NOTE THAT BY ACCESSING AND PLAYING THE GAME YOU AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS OF USE. LOGTOWN OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAME AND PERMITS YOU TO PLAY THE GAME ONLY IN ACCORDANCE WITH THESE TERMS. YOUR PLAYING OF THE GAME CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT ACCESS AND PLAY THE GAME.
2. The Game
The Game is a single-player climbing/exploration virtual reality game. The game lets the player explore and climb through a lost civilization, while unraveling its mystery. The Game is played in single player mode.
3. Access to the Game
To access and play the Game you must register an account with a platform/service provider (i.e. Steam, Viveport, Oculus Home etc.), unless the Game is expressly provided in a form and venue where an account is not required (i.e. arcade game consoles etc.). You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Logtown reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in game currency, characters etc. to another person or entity, unless specifically permitted in writing by Logtown. Further, you must be 13 years or older to be entitled to access and play the Game. This Game is not intended for children under the age of 13. Children under the age of 13 may not access and play the Game. If you are at least 13 years old but under 18 years of age you need parental consent to access and play the Game and any activities in the Game must be under the legal responsibility of the parents. Any registration by, use of or access to the Game by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of these Terms of Use.
4. Third Party Accounts
If enabled by Logtown in its sole discretion, you may establish an account with account data provided to Logtown by a third party such as a gaming platform, social networking service etc. in which case you may have a separate, additional account relationship with such third party.
5. Registration
You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when registering an account and (b) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet etc. that you use for accessing the Game and you hereby accept sole responsibility for all activities that occur under your account or password. Logtown, its affiliates and service providers reserve the right to restrict or terminate access to the Game, refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide registration information which is false, inaccurate, not current, or incomplete.
For information regarding how Logtown handle the information you transmit through the Game please visit the Privacy Policy. Please note that your access to and playing of the Game constitutes your acceptance of the Privacy Policy.
6. Products and services
Logtown reserves the right to add, modify, or delete/cancel the Game, including your access to the Game at any time. Logtown makes no representation or warranty as to the completeness or accuracy of the Game nor does it represent or warrant that the Game will be available at all times or at any time. The Game may be incomplete, may contain errors etc. Logtown makes no commitment and expressly disclaims any duty to fix any errors or lack of functionality in the Game. The Game is provided on an “as is” basis without any express warranties.
7. Payment
You agree to fully pay for the Game and any and all products and services ordered in the Game. You are responsible for providing Logtown and/or the platform/service providers with valid credit card information to secure payment. Logtown and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal etc. Logtown or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once Logtown or the platform/service provider have had the opportunity to confirm your purchase.
8. Payment terms
In order to access and play the Game, access certain additional content, premium services etc. you are required to pay certain fees (the Game and the premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at the platform/service provider’s Game access pages etc. Logtown may also offer other products and services in the Game etc., either for free, for one-time fees or for recurring fees. Logtown may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Logtown or the platform/service provider may charge you for any such taxes, in addition to any fees.
ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
However, a remaining portion of the payment may be credited in Logtown’s and/or the platform/service provider sole discretion should you decide to upgrade your services. When you purchase the Game and any product or service in the Game or in relation to the Game you authorize Logtown or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Logtown or the platform/service provider are not required to collect) and for all hardware, software, Internet, Virtual Reality equipment (platform specific VR headsets/screen etc.) and other costs you incur to access and play the Game. Logtown and/or the platform/service providers reserves the right to change the fees and availability of the Game at any time without notice; provided, however, such price change will not affect your purchase price for orders that Logtown or the platform/service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the Game for changes in the fees or payment terms.
9. Access
In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, Logtown or the platform/service provider will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the Game and enable you to access and play the Game subject to the other applicable provisions, limitations and restrictions in these Terms of Use. You may not upload or republish the Game or Game Content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the Game or Game Content is strictly prohibited. If Logtown or the platform/service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at Logtown’s or the platform/service provider’s discretion.
10. Delivery of products and services
Logtown provides the Game on an “as is” basis. Logtown or the platform/service provider shall endeavor to deliver the Game that you have ordered to you within a reasonable amount of time. However, technical problems may delay or prevent delivery and except as set forth in the next sentence, Logtown or the platform/service provider shall have no liability to you with respect to delays or delivery problems. Your sole remedy with respect to the Game, a purchased product or service that is not delivered within a reasonable amount of time after ordering is to either receive a replacement of the Game, product or service, or a refund of the purchase price paid for the Game, product or service, as determined by Logtown or the platform/service provider in their sole discretion.
11. Links to other Games
The Game, platforms etc. may contain links to other Games, websites, services etc. Logtown does not review or evaluate any Games, websites, services etc. linked to in the Game or the platform and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these Games, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such Games, websites, services, the platforms etc. You should carefully review the respective conditions of use for each of these games, websites, services etc. Under no circumstances shall Logtown be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, products, goods, or services etc. available on such Games, websites, services, platforms etc.
12. Indemnification
Your access to and playing of the Game constitutes your agreement to defend, indemnify, and hold harmless Logtown, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Game including related services by a third party with the use of your account.
13. Termination
These Terms of Use are effective until amended by Logtown in its sole discretion. Logtown may change, suspend, or discontinue all or any aspect of the Game at any time for any reason without prior notice or liability, including, without limitation, the availability of the Game or any feature, without prior notice or liability. Logtown may cease to provide the Game or any or all of the products and services offered in connection with the Games, terminate the Terms of Use, and cancel all of the rights granted to you under the Terms of Use at any time for any reason without prior notice or liability. Logtown may, but is not obligated to, communicate such termination to you in any of the following manners: (i) in a notice in the Game; (ii) via electronic mail; (iii) in these Terms of Use, or (iv) in another manner that Logtown deems suitable to inform you of the termination. If Logtown terminates the Game, you will not receive a refund of paid fees. In the event of any termination hereunder Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, 25, 26, 27, 28 and 29, of these Terms of Use will survive termination.
14. Disclaimers and limitations of liability
THE GAME IS PROVIDED BY LOGTOWN ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LOGTOWN DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, LOGTOWN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE GAME, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE GAME WILL BE FUNCTIONING CONTINUOUSLY, UNINTERRUPTED, SECURELY OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE GAME, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF LOGTOWN, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH LOGTOWN PROVIDE RULES FOR USER CONDUCT AND POSTINGS, LOGTOWN DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE GAME AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE GAME OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. LOGTOWN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLAYER OF THE GAME.
THE OPERATION AND FUNCTIONS OF THE GAME MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF LOGTOWN, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LOGTOWN, ITS PARENTS, AFFILIATES, LICENSEES, PARTNERS AND/OR PLATFORM/SERVICE PROVIDERS (COLLECTIVELY “LOGTOWN” FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR PLAY THE GAME, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GAME OR OTHERWISE FROM LOGTOWN OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO LOGTOWN’S RECORDS, PROGRAMS, OR GAMES ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE GAME. LOGTOWN TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL LOGTOWN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GAME OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOGTOWN’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
15. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT LOGTOWN SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAME OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE GAME, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAME AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LOGTOWN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LOGTOWN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAME, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LOGTOWN OR A LOGTOWN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
LOGTOWN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE GAME OR IN RELATION TO THE GAME, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND LOGTOWN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOGTOWN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, OR DEFECT IN OR CAUSED BY THE GAME, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE GAME, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOGTOWN’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE.
16. Seizure warning, motion sickness etc.
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor or virtual reality headset may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Logtown takes no responsibility for such effects and end results and you are accessing and playing the Game on your own risk. Nor does Logtown take any responsibility for motion sickness, any balance problem that may occur from the playing of the Game etc.
17. Trademarks and Game marks
The names, logos, characters, brands and product and service names appearing in the Game and related services are trademarks/service marks or registered trademarks/service marks of Logtown or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
18. Intellectual Property Rights
You acknowledge and agree that all content, design elements, and materials available in the Game, for example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names (“Logtown Content”) are owned by Logtown and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Logtown and/or its partners and licensors. Logtown and its partners and licensors retain all right, title and interest in and to the Logtown Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Logtown Content in any form or for any means, unless expressly permitted in this Agreement. Logtown's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Logtown. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Logtown Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Game or Logtown Content. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against Logtown any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
19. Prohibited use
You agree to abide by all applicable laws and regulations when playing the Game. Your continued access to the Game and right to play the Game is subject to proper conduct. Without limiting Logtown’s rights to control the Game’s environment, and the conduct of the End Users within that environment, Logtown prohibits the following practices that Logtown has determined detract from the overall user experience and you are strictly prohibited from:
1) Taking any action that imposes an unreasonable or disproportionately large load on the System of the Game;
2) Use of your own or third-party software to modify any content appearing within the Game, its environment or change how the Game is played or services used;
3) Use of your own or third-party software, the Game or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or the Game may be used by others in ways other than those intended by Logtown;
4) Disrespecting the rights of others and their rights to play and enjoy the Game. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;
5) When naming any character, team, guild or clan you may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
6) You may not post or communicate any player's real world information (name, address, account name, etc.) in the Game, on the Websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or posting such information in the Game or other permitted websites;
7) You may not harvest or collect email addresses or other contact information of other users from the Game by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
8) You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
9) You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images;
10) You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Logtown;
11) You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content;
12) You may not impersonate Logtown, its’ employees etc;
13) You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
14) You may not violate or encourage others to violate any local, state, national, or international laws or regulations;
15) You may not market, promote, advertise, or solicit products or services in the Game;
16) You may not modify any part of the Game, or Clients, Servers etc;
17) You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Game;
18) You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Game;
19) You may not use the Game for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Game;
20) You will follow the instructions of authorized personnel in or related to the Game;
21) You may not organize nor be a member of any pledges or groups within the Game that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;
22) You may not provide false information or intentionally hide any information when registering for your account in the Game;
23) You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Game;
24) You will not exploit any bug in the Game and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of the Game. Bugs should be promptly reported to info@logtownstudios.com;
25) You will not attempt to play the Game on any server or platform that is not controlled or authorized by Logtown Studios AB, its designees or platform/service providers;
26) You will not create, use, or provide any server emulator or other site where the Game may be played, and you will not post or distribute any utilities, emulators or other software tools related to the Game without the express written permission of Logtown;
27) You will not register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
28) Using Logtown’s copyrights or trademarks or any confusingly similar marks;
29) Uploading invalid data, viruses, worms, or other software agents to the Game;
30) Collecting information from other End Users without obtaining their consent; or
31) Otherwise use the Game in any manner that breaches the terms and conditions of the Terms of Use or the Privacy Policy.
Logtown and the platform/service providers can close down your account and stop your access to the Game for any reason, at any time, without notice, including, but not limited to if we believe that You violate these Terms of Use, the Privacy Policy, our policies.
20. Communication and Feedback
Logtown may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Game, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Game, payment methods etc. Logtown may occasionally ask you to provide information on your experiences of playing the Game etc. which will be used to improve the quality and provision of the Game etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Logtown. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Logtown, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Logtown and acknowledge that Logtown may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Logtown by following the specific instructions in promotional messages or by our customer support at info@logtownstudios.com. These communication choices do not apply to mandatory service communications that are considered part of the Game. which you may receive periodically.
21. Electronic communications
When you play the Game or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Game or by any other means Logtown finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Game or otherwise) satisfy any legal requirement that such communications be in writing.
22. User Disputes
You are solely responsible for your interactions with other users of the Game. We reserve the right, but have no obligation, to monitor disputes between you and other users.
23. Arbitration
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
24. Class action waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 23 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
25. Claims
YOU AND LOGTOWN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
26. Governing law
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Use that is not subject to mandatory arbitration as set forth above in section 23 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, Logtown may apply to any court of competent jurisdiction for injunctive or other equitable relief.
27. Severability
If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
28. Modification
Logtown reserves the right, at its discretion, to update or revise the Terms of Use at any time. Logtown will post such changes in the Game and or forums etc. related to the Game and these additional or revised terms will become part of the Terms of Use. Please check this Terms of Use document periodically for changes. Your continued playing of the Game constitutes your binding acceptance of the Terms of Use, including any changes or modifications made by Logtown as permitted above.
29. Entire agreement
These Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Logtown may assign its rights under the Terms of Use without notice to you. You may not assign Your rights under the Terms of Use.
30. Disclosure
The Game and related products and services hereunder are offered by Logtown Studios AB, a Swedish corporation, with registered and business offices at Tegelbacken 4A; 111 52 Stockholm, Sweden, email: info@logtownstudios.com.
Last Updated: September 26 2017
PRIVACY POLICY
Logtown Studios AB, a Swedish corporation, with registered and business offices at Tegelbacken 4A, 111 52 Stockholm, Sweden (“Logtown”) respects your privacy and provides you with this Privacy Policy (“Privacy Policy”) so that you may understand the ways in which we do and do not use the information you transmit when accessing and playing Cloudborn, accessing and using related services (hereinafter the “Game”). Please note that your access and use of the Game constitutes your acceptance of this Privacy Policy as well as our Terms of Use.
IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR PLAY THE GAME.
Please note that this Privacy Policy applies only to information submitted and collected online through the Game, and does not apply to information that may be collected by Logtown or its affiliates offline.
1. What information is collected
When you access and play the Game you provide Logtown and/or the platform/service providers with two types of information: Personal information you knowingly choose to disclose which is collected by Logtown and/or the platform/service providers and Game use information collected by Logtown and/or the platform/service providers as you interact with the Game. When you register an account for the Game you provide Logtown and/or the platform/service provider with certain personal information, such as your name, your email address, and any other personal or preference information that you provide to Logtown and/or the platform/service provider. When you enter the Game, Logtown or the platform/service provider may collect your browser type and IP address etc. This information is gathered for all Game visitors and/or players.
When you play the Game, you may set up your personal profile and transmit information through various channels etc. Logtown and/or the platform/service providers collect this information so that we can provide you the service and offer personalized features. In general, Logtown and/or the platform/service provider retain such information so that, for example you can return to your account stored information etc. When you update such information, Logtown and/or the platform/service provider normally keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
Logtown and/or the platform/service providers cannot control the actions of other Users or other persons who play the Game. Therefore, Logtown and/or the platform/service provider cannot and do not guarantee that your account will not be viewed by unauthorized persons. Logtown and the platform/service provider are not responsible for circumvention of any privacy settings or security measures contained in the Game by any party. You understand and acknowledge that, even after removal of any account information may remain viewable in cached and archived pages.
Any improper collection or misuse of user accounts or information provided in the Game is a violation of the Terms of Use and should be reported to Logtown at info@logtownstudios.com
If you choose to use any invitation service to tell a friend about the Game, Logtown or the platform/service provider will ask you for information needed to send the invitation, such as your friend's email address etc. Logtown or the platform/service provider will automatically send your friend a one-time email or instant message inviting him or her to visit the Game. Logtown and/or the platform/service provider stores this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact Logtown at info@logtownstudios.com to request that Logtown remove this information from its database.
Logtown may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other End Users of the Game through the operation of the service in order to provide you with more useful information and a more personalized experience. Logtown collects financial information as set out in Section 4 of this Privacy Policy. Logtown does not use financial information for any purpose other than processing payments. By accessing and playing the Game you are consenting to have your personal data transferred to and processed in the United States and the European Union etc.
2. Use and disclosure of information
When you register an account in the Game, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, may be displayed to people in the networks specified in your privacy settings to enable you to connect with people in the Game. We may occasionally use your name and email address to send you notifications regarding new services offered that we think may be of interest to you. Profile information is used by Logtown primarily to be presented back to and edited by you when you access the Game. In some cases, where your privacy settings permit it (e.g., posting to your wall), other End Users may be able to supplement your profile. Profile information you submit in the Game will be available to End Users of the Game who belong to at least one of the social networks you allow to access the information through your privacy settings. Your name, network names, and profile picture thumbnail will be available in search results across the Game network and those limited pieces of information may be made available to third party search engines. This is primarily so your friends can find you and send a friend request. People who see your name in searches, however, will not be able to access your profile information unless they have a relationship to you (friend, friend of friend, member of your social networks, etc.) that allows such access based on your privacy settings.
Logtown and/or the platform/service providers may send you Game service-related announcements from time to time through the general operation of the Game. Logtown reserves the right to send you notices about your account even if you opt out of all voluntary email notifications. Logtown may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as personalizing advertisements and promotions so that we can provide you the best Game experience and enjoyment etc. Logtown believe this benefits you and might be interesting to you. We may use information about you that we collect from other sources, including but not limited to newspapers and Internet sources such as blogs, instant messaging services, Game Platform developers and other users of the Game, to supplement your profile. Where such information is used, we generally allow you to specify in your privacy settings that you do not want this to be done or to take other actions that limit the connection of this information to your profile (e.g., removing photo tag links).
Generally, the personally identifiable information collected by Logtown will only be used for the particular purpose for which it was collected. Logtown may also transfer, disclose or share your personally identifiable information with certain partners and affiliates, and third parties who may be engaged by it specifically to handle and deliver certain activities necessary to operate the Game (e.g., processing orders and payments etc.); these third parties only have access to personal information needed to perform their functions. Additionally, in the event of a corporate reorganization (e.g., all or substantially all of the assets relating to Logtown are transferred or sold to another entity), personally identifiable information submitted to Logtown may be transferred to the acquiring entity. Logtown may also disclose personally identifiable information to third parties in order to comply with national, international, federal, state or local laws, in response to requests by law enforcement agencies, to enforce its Terms of Use, or to protect the rights, property or safety of Logtown, the Game, End Users etc.
You agree to and accept that we may also occasionally use your email address to send you announcements regarding the Game, our products and services and/or business that may be of interest to you. This includes the right to send you sales offers and advertising regarding our games, products and services and/or business, including product placements in the Game.
Logtown requests that anyone under the age of 18 not send any personal information about themselves over the Internet unless sent under the supervision of their parent or guardian. We do not knowingly collect personal information such as name and email address from children under 13 years old in the Game. We believe it is important to safeguard the privacy of children and encourage parents to regularly monitor their children’s use of online activities. If you are a parent and believe that your child under the age of 13 has accessed and/or played the Game and provided personally identifiable information to us, please contact us at info@logtownstudios.com or the mailing address at the end of this Privacy Policy and we will work to delete that account and any such personally identifiable information.
We may use personally identifying information and records for defense of any lawsuit, investigation or other actions if such personally identifying information, records or profiles are relevant to a lawsuit, investigation or action.
3. Cookies and logs etc.
Cookies. A cookie is information a website places on your computer’s hard drive so that the website is able to remember your preferences and/or which pages you visited on the website and make your visit more efficient and enjoyable. Logtown may use cookies to determine the number of unique visitors to the Game over a given period, or to remember user account details, etc. so that the need for multiple log-ins is eliminated. It may combine information collected through cookies to any personal information submitted online when using the Game to help personalize a user’s access to and playing of the Game. Cookies may be disabled on your computer by indicating this in the preferences or options menus in your browser.
Log files. Log files are files that log actions that have occurred on a website. Logtown may collect data in the form of log files and may use such log files to gather statistics about End Users user habits and to assess overall Game activity, including how many "hits" a particular web page is getting and other navigational data. These entries are generated anonymously, and enable Logtown to track interest in specific promotions, troubleshoot technical concerns, and provide End Users with content that may be of interest to them. Log files are used internally only, and are not associated with any particular user, computer, or browser.
Web beacons. The Game may use a variety of technical methods for tracking purposes, including “Web beacons” etc. Web beacons are small pieces of data that are embedded in images on the pages of the Game. We may also use these technical methods to analyze the traffic patterns in the Game, such as the frequency with which End Users accesses various parts of the Game etc. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We also use these technical methods in HTML emails that we send our End Users to determine whether our End Users have opened those emails or clicked on links in those emails. The information from use of these technical methods may be collected in a form that is personally identifiable.
4. Payment information
End Users purchasing the Game may be asked by us or the platform/service provider to provide certain personally identifiable information, such as full name, billing address, email address, phone number and credit card number/expiration date etc. Please note that you must be the age of 18 or older to make Game purchases.
Once End Users have successfully entered valid credit card information and completed the order process, a purchasing account will be created and maintained for them. If End Users do not complete the order process, the information they submitted during the order process will not be captured by Logtown’s systems. Logtown or the platform/service provider uses the information provided to process the End User’s order and to send order confirmations via email etc, as well as to make future purchases easier for the End User. Logtown does not sell, transfer or share customer information with third parties, except when the information is transferred, disclosed and shared with its third-party agent(s) who uses the information solely to handle and deliver certain online activities necessary to operate Logtown’s business (e.g., processing orders and payments).
Logtown is always looking for ways to improve your experience in the Game. Logtown may at times solicit additional personally identifiable information to help it to offer new games, products and services that may be of interest to you.
5. Security
Logtown and the platform/service providers has taken steps to ensure that the personally identifiable information it collects is secure and have taken reasonable measures to protect the confidentiality, security, and integrity of the personal information collected from our Game’s End Users. Personal information is stored in secure operating environments that are not available to the public and that are only accessible to authorized employees and contractors. We and the platform/service providers also have security measures in place to protect the loss, misuse, and alteration of the information under our and the platform/service providers’ control. However, there is no such thing as perfect security. As a result, although we strive to protect personally identifying information, we cannot ensure or warrant the security of any information transmitted to us through or in connection with the Game, that we store on our systems or that is stored on our service providers' systems.
Please note that Logtown and the platform/service providers may provide links to other games and websites that are operated and hosted by third parties who may have their own information collection practices. These other games and websites are governed by their own privacy policies, which may be substantially different from Logtown’s policy. Visitors to other games and websites are encouraged to review the privacy policies and information collection practices of those websites.
6. Sharing Your Information with Third Parties
We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the Game and related services, 2) where legally required or, 3) when permitted by you. For example:
• We may provide information to service providers to help us bring you the services we offer in and related to the Game. Specifically, we may use third parties to facilitate our business, such as to host the Game, to send out email updates about the Game, to remove repetitive information from our user lists, to process payments for products or services etc. In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the specified purposes.
• The platform/service providers will have access to your personal information. Logtown cannot control how the platform/service providers use any personal information that they may obtain in connection with the Game. The platform/service providers may require you to sign up to their own Terms of Use, privacy policies or other policies, which may give them additional rights or impose additional obligations on you, so please make sure to review those terms and policies carefully.
• We may occasionally provide demonstration accounts that allow non-users a glimpse into the Game. Such accounts have only limited capabilities and passwords are changed regularly to limit possible misuse.
• We may be required to disclose End User information pursuant to legal requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants etc. meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Game or misuse of the Games name, or to prevent imminent bodily harm etc. This may include sharing information with other companies, lawyers, agents or government agencies etc.
• When you use the Game, certain information you post or share may be shared with other End Users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, or other items, this information may become publicly available.
7. Changing or Removing Account Information
End Users may modify or delete any or all of their profile information at any time by logging into their account. Information will be updated immediately. End Users who wish to deactivate their Game account may do so in accordance with the terms of the platform/service providers. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to other End Users or visitors of the Game.
8. Changes to our Privacy Policy
This Privacy Policy applies to all information collected by you or provided to us on and after the Effective Date. This Privacy Policy is subject to change and we may make any changes to this Privacy Policy as we see fit. Logtown will notify you of material changes by posting them in the Game, the platforms or on the websites etc. You are encouraged to check back and review this Privacy Policy from time to time so that you will always know what information is collected how it is used and to whom it is disclosed. Your continued use of the Game subject to this Privacy Policy will signify your acceptance of Privacy Policy changes.
9. International Data Transfers
Logtown is based in Sweden, and your personal information is collected and processed in accordance with Swedish privacy laws and EU Directive 95/46/EC on data protection. You agree and accept that Logtown may share your information with third parties, out of which some may be located in countries outside the European Economic Area (“EEA”) and transfer and store Your personal information and data in the United States.
You should be aware that the privacy laws in such countries may not be equivalent to the EU privacy laws, and by using the Service you consent to your personal information being transferred to and processed and/or stored in countries outside the EEA, including the United States.
10. Governing Law, Disputes
Any dispute, controversy or claim arising out of or in connection with this Privacy Policy, or the breach, termination or invalidity thereof, shall be governed by the laws and venue as stated in sections 23-26 of the Terms of Use .
11. Contact
If you have any questions, complaints or comments regarding our Privacy Policy, please contact Logtown at
Logtown Studios AB
Tegelbacken 4A
111 52 Stockholm, Sweden
Email: info@logtownstudios.com
Last Updated: September 26, 2017