Dwerg Saga

End-User License Agreement

("Agreement")

Last updated: 20 November 2019

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, installing or using Dwerg Saga. As used herein, the term “Application” refers to the Dwerg Saga software application. The term “Service” refers to the Dwerg Saga gaming service.

By clicking the "I Agree" button, installing or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not install or use the Application.

License

Haiku Interactive Limited grants you a revocable, non-exclusive, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

To use the Service you must register a Dwerg Saga account (an “Account”). Creation and use of Accounts are subject to the following terms and conditions:

  1. You may establish an Account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account); and (ii) you are not an individual specifically prohibited by Haiku Interactive Limited from using the Service.
  2. When you create or update an Account, you must provide Haiku Interactive Limited with an email address that is personal to you. Haiku Interactive Limited’s retention and use of your email address is subject to Haiku Interactive Limited’s Privacy Policy.
  3. To play games on the Service, the Application requires your real-world location. Haiku Interactive Limited’s retention and use of your location is subject to Haiku Interactive Limited’s Privacy Policy.

Restrictions

You agree not to, and you will not permit others to:

a) license, sell, rent, lease or otherwise commercially exploit the Application.

b) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Haiku Interactive.

c) violate any applicable laws, rules or regulations in connection with your access or use of the Application.

d) use the Application for any revenue generating endeavour, commercial enterprise or other purpose for which it is not designed or intended.

e) Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt the operation of the Service in any way, including:

  1. Disrupting or assisting in the disruption of any computer used to support the Service. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
  2. Harassment, “griefing,” abusive behavior or communication, conduct intended to unreasonably undermine or disrupt the game experiences of others.

Modifications to Application

Haiku Interactive Limited reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or Service, with or without notice and without liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by you or Haiku Interactive Limited.

Haiku Interactive Limited may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Haiku Interactive Limited, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your desktop.

Limitation of Liability

Haiku Interactive Limited shall not be liable for any loss or damage arising out of your use of, or inability to access or use, the Application or Service. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, in such a case, Haiku Interactive Limited’s liability shall be limited to the fullest extent permitted by law.

Disclaimers of Warranties

Haiku Interactive Limited disclaims any and all other warranties, whether express, implied, or statutory including without limitation any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, title or non-infringement of third-party rights, to the fullest extent authorized by law.

Copyright Infringement

Any and all trademarks or service marks that Haiku Interactive Limited uses in connection with the Software or with services rendered by Haiku Interactive Limited are marks owned by Haiku Interactive Limited. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

User Created Content

The Application may provide you an opportunity to create content on the Service, the “User Content”. You hereby grant Haiku Interactive Limited a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to publish the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised.  Haiku Interactive Limited shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, transfer, transmit, publicly display, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material.  In the event you upload or otherwise transmit to Haiku Interactive Limited any concepts, ideas, or feedback relating to the Application, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and Haiku Interactive Limited, and Haiku Interactive Limited may freely use any such submission in any manner it deems appropriate.  Any such submission by you shall not create any contractual relationship between you and Haiku Interactive Limited. You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortuous, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Haiku Interactive Limited may remove any User Content and any related content or elements from the Application or Service at its sole discretion.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

Haiku Interactive Limited reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Information

If you have any questions about this Agreement, please contact us.

Email us at: jock@haikuinteractive.com

Call us on:  (+44) 7791 527 396

Or write to us at:

Haiku Interactive Limited,

122/2 Restalrig Road South,

Edinburgh EH7 6JA,

United Kingdom