SPOGG'S SERVICES ("SERVICES") INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM SPOGG, INCLUDING THE SITE WWW.SPOGG.COM. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST EXIT THE SITE NOW!
SPOGG END-USER SERVICES AGREEMENT
This End-User Services Agreement ("End-User Agreement") is an agreement between you ("User") and Spogg AB ("Spogg"). A User can be an individual representing an organization who leverage on Spogg Multi-User Construction Kit to offer games at the site.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Spogg is provided to the User under the terms and conditions of this End-User Agreement, and any amendments thereto and any operating rules or policies that may be published from time to time by Spogg, all of which are hereby incorporated by reference. The End-User Agreement comprises the entire agreement between the User and Spogg and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CHECKING THE "I ACCEPT THE SPOGG.COM TERMS AND CONDITIONS" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE END-USER AGREEMENT.
II. DESCRIPTION OF SERVICES
Spogg is providing the User with any or all of the following services: (a) multi-player games, forums, groups, search functions, electronic mail, photo sharing, personal homepage, guestbook, event handler, miscellaneous communication tools; and/or (b) Spogg Multi-User Construction Kit (Smuck); and/or (c) any other services which Spogg may provide in the future (“Services”). These Services are provided to the User at the discretion of Spogg. Spogg reserves the right to delete any User´s account if such User does not keep their account in a paid status (if using paid service) or does not access their account for a period of two (2) consecutive months (if using free service) Spogg also reserves the right to delete any User´s account if such User does not comply with the site rules.
Spogg reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to the User. The User agrees that Spogg shall not be liable to the User or any third party for any modification or discontinuance of the Services.
III. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register for the Services. Users under the age of thirteen (13) must have their parent's or legal guardian's consent to register for the services. In consideration of use of the Services, the User agrees to: (a) provide true, accurate, current and complete information about the the User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. This information about a User shall be referred to as "Registration Data". If any information provided by the User is untrue, inaccurate, not current or incomplete, Spogg has the right to terminate the User's account and refuse any and all current or future use of the Services.
IV. USE OF REGISTRATION DATA
The User agrees Spogg or a designee of Spogg may disclose Registration Data to third parties about the User and information about the User's use of the Services provided that such disclosures do not include the User's name, mailing address, email address, telephone number, or account number, unless the User has authorized Spogg to disclose such information, or as required by law or legal process, or as set forth in Paragraph VIII below.
The End-User Agreement includes the terms and conditions of Spogg.com's Privacy Policy, a copy of which is located at http://www.spogg.com/pages/privacy.php, and which is hereby incorporated by reference. In the event of any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.
The collection of private information from a User under the age of thirteen (13) is governed by the Children's Online Privacy Protection Act (COPPA). Spogg will not collect personally identifiable information from the User's under the age of thirteen (13) without such User's parent's or legal guardian's consent. Spogg will ask for consent during the registration process, however, the User's parent or legal guardian may change or revoke consent at any time upon notice to Spogg.
V. USER CONTENT
Spogg considers all communication transmitted via the Services to be the private correspondence of the sender. The User grants Spogg rights to use, copy, publicly display, reformat, translate, excerpt (in whole or in part) and distribute User content for any purpose in connection with Spogg or the promotion of Spogg.com. Spogg will not monitor, edit or disclose the contents of a User's private communications, except if the User agrees Spogg and its third party service providers may do so or: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the End-User Agreement; (d) to respond to claims that such contents violate the rights of third parties; (e) to protect the rights or property of Spogg, its third party service providers or others.
The User acknowledges and agrees that Spogg and its third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
On certain areas of our Site you will be allowed to create an Account and through that Account or otherwise you may be able to chat with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings (including through the posting of online games) and other materials and content ("User Content"). Your posting of User Content is subject to these Terms and the following Posting Rules ("User agreement and Site rules"). Users found in violation of these Posting Rules or the Terms may have their account terminated by Spogg, or may otherwise have their access to the Site restricted by Spogg.
You understand and acknowledge that User Content is solely your responsibility, and that Spogg is not responsible for the information, data, text or other materials that may appear in User Content. Opinions expressed in User Content do not necessarily reflect the opinions of Spogg, and Spogg does not endorse and has no control over User Content. User Content is not necessarily reviewed by Spogg prior to posting and Spogg makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content.
You understand and agree that you have no ownership rights in your Account. Spogg may cancel your Account and delete all User Content associated with your Account at any time, and without notice, if Spogg deems that you have violated these Posting Rules, the Terms, the law, or for any other reason. Spogg assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
The nature of this Site is interactive and public. By posting User Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Spogg may be used by Spogg anywhere, anytime, and for any reason whatsoever subject to the terms of the User Content License described in Ownership of Posted Content and License Thereto, below.
VI. USERNAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
The User will be asked to choose a username. You agree to choose a username which is unique and not obscene, unlawful or otherwise objectionable, in Spogg's sole discretion. The User agrees to use Spogg.com usernames containing the names of colleges, universities, celebrities, entertainment properties, businesses, or teams for personal use only and not for any commercial purpose. Spogg shall own your complete username.
The User will enter a password upon completing the registration process. The User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under the User's password or account. The User agrees to immediately notify Spogg of any unauthorized use of the User's password or account or any other breach of security.
VII. SPOGG CONTENT
All content on this Site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”) is the property of Spogg and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. For information about content posted by Users, please refer to Ownership of User Content and License Thereto below. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Spogg subject to license, or subject to the fair use provisions of Swedish copyright or trademark law.
You agree not to display or use any Content or third party content located on the Site in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of Spogg, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Spogg and/or its licensors, that dilutes the strength of Spogg’s or its licensor’s property, or that otherwise infringes Spogg’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any Content that appears on this Site.
If you are a trademark or copyright owner and you believe that your trademark rights have been violated, please contact us directly at info@spogg.com and we will process your complaint promptly.
VIII. Ownership of Content and site software and License Thereto
After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. Spogg may delete any User Content that in the sole judgment of Spogg violates these Terms or the Posting Rules.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Spogg a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content. This license will terminate at the time you remove your User Content from the Site.
You represent and warrant that you own the User Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content displayed, published or posted by you to the Site. Except for your User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on this Site.
All Spogg software is owned by Spogg. You are not allowed to use or leverage from Spogg software or services on any other site than Spogg.com without a software and services license agreement.
You are not allowed to perform any software modifications related to the Spogg software. If you find bugs or have development suggestions you are kindly asked to report your bugs or improvement suggestions at relevant user forum at www.spogg.com.
VIIII. INFRINGEMENT
The User represents that the username selected by the User does not interfere with the rights of any third party and is not being selected for any unlawful purpose. The User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, Spogg may immediately suspend the use of such username, and the User will indemnify and hold Spogg harmless, in accordance with the Indemnity section below, for any claim or demand against Spogg that arises out of such selection. The User acknowledges and agrees that neither Spogg nor any of its licensors shall be liable to the User in the event Spogg is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular username. If as a result of such action, the User loses their username, the User's sole remedy shall be the receipt of a replacement username.
X. INDEMNIFICATION
You agree to indemnify and hold Spogg, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney's fees, related to your violation of these Terms, including the Posting Rules, or any violations thereof by your dependents.
XI. THIRD PARTY WEBSITES
Spogg makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Spogg makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPOGG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL SPOGG BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SPOGG’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL SPOGG’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE AB
OVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
XII. USER CONDUCT
The User agrees to abide by all applicable local, state, national, and international laws and regulations in the User's use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other Users. The User agrees to be solely responsible for the contents of the User's private communications uploaded, emailed or otherwise transmitted through the Services.
The User agrees to abide by all applicable rules at Spogg.com. A copy of applicable Spogg.com rules is located at http://www.spogg.com/pages/siterules.php.
XIII. REPRESENTATIONS, AND LIMITATIONS OF LIABILITY
Spogg makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Spogg makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPOGG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL SPOGG BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SPOGG’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL SPOGG’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
XIIII. MISCELLANEOUS
Both you and Spogg acknowledge and agree that no partnership is formed and neither of you nor Spogg has the power or the authority to obligate or bind the other.
This Agreement will be governed by and construed in accordance with the laws of Sweden. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Software that may be available in connection with this Site (the "Software") is further subject to Swedish export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of Swedish export laws. Downloading or using the Software is at your sole risk.
These Terms constitute a binding agreement between you and Spogg, and is accepted by you upon your use of the Site or your Account. These Terms constitutes the developer agreement between you and Spogg regarding the use of the Site and your Account.