Vampire’s Fall: Origins - Terms of Service

Vampire’s Fall: Origins - Terms of Service

Terms of Service

Effective as of: December 16th, 2020.

  1. Acceptance of the Terms of Service

(1) These Terms of Service are entered into by and between You or your business entity ( " You " ) and Early Morning Studio AB ("Company" or "we"). The following terms and conditions (these "Terms of Service"), govern your access to and use of the game "Vampire's Fall Origins", including any content, functionality and services offered on or through our service (the "Service").

(2) Please read the Terms of Service carefully before you start to use the Service. By starting using the Service or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, do not subscribe, register or use this Service.

(3) Our Service is not intended for children under 13 years of age. No one under age 13 may provide any information to the Service. We do not knowingly collect personal information from children under 13. If you are under the age of 13, do not use or provide any information on this Service or on or through any of its features, make any purchases through the Service or provide any information about yourself to us. If You are between the ages of 13 and 18, please be sure to read these Terms of Service with your parent and get his or her permission before you access or use the Services.

(4) If we believe you are in breach of any of these Terms, we reserve the right to reject, suspend or revoke your access to the Service, in our sole discretion.

  1. Changes to the Terms of Service

(1) We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them.

(2) Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

  1. Description of the Service

(1) Early Morning Studio AB provides a game entitled "Vampire's Fall: Origins", which is made available on gaming platforms, such as Steam and Google Play (the "Gaming Platform").

(2) You agree that certain features of the Service may be offered and operated by us in conjunction with other third party services providers, such as the gaming platforms. We therefore encourage you to also review such third party's terms and conditions, as they may also apply to your use of the Service.

  1. Accessing the Service and Account Security

(1) To use the Service, we create an anonymous account automatically. You may then choose to register for an account, which is usually done through a sign-in method from Your social media or gaming platform account (Facebook, Apple, Google). After a successful registration you will be provided with an account for your own use (the "Account"), through which you will be able to access the Service. You are responsible for (a) making all necessary arrangements to have access to the Service; and (b) ensuring that all persons who access the Service through the Account are aware of these Terms of Service and comply with them.

(2) To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide is correct, current and complete. You agree that all information you provide to register with this Service is governed by our Privacy Policy [ADD HYPERLINK], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(3) If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to your Account or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

  1. Usage Restrictions

(1) You shall not (a) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Service; (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Service or any part thereof; (c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Service, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time; (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Service; and (f) use the Service for any purpose that is not for your personal use.

(2) If you wish to make any use of material on the Service other than that set out in this section, please address your request to the e-mail address at the bottom of these Terms.

  1. Content Standards

(1) These content standards apply to any and all user contributions and use of interactive services. User contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, user contributions must not (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; and/or (j) contain any material or information which may be false or misleading.

(2) Our Service allows you to post, share and otherwise make available certain text, or other material ("Content") in the in-game chat. You are responsible for abiding to our chat rules, as stated in-game. We reserve the right, at our sole discretion, to remove any in-game messages. We reserve the right to prevent you from writing messages if you do not abide by the Chat Rules. Early Morning Studio does not take responsibility for any player-created content, including but not limited to chat messages, player names, clan names, clan banners. Early Morning Studio will make reasonable best-effort attempts to clean up player-created content that is offensive or breaches our Terms. By using our Service, you agree to not use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service. Additionally, you agree to not sell or give away your account to other players. We reserve the right to prevent you from interacting with other players if you break the Terms, independent if you made in-app-purchases or not. We reserve our right to, for whatever reason, stop a player from utilizing our online functionality, including but not limited to PvP.

  1. License; Reservation of Rights

(1) Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use of the Service. This license does not include any resale of any Service or its contents. All rights not expressly granted to you in these Terms of Service are reserved and retained by us. No Service, nor any part of any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

(2) You acknowledge and agree that the Service is provided under software as a service license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Service, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

  1. Intellectual Property Rights

The Service and its entire contents, except user generated content, features and functionality including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by the Company, its licensors or other providers of such material and are protected by the national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

  1. Trademarks

The Company name, the terms, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.

  1. Other Businesses

Parties other than us may operate stores, provide services, or sell product lines on our website as additions to our Service. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. We do not assume any liability for the actions, product, and content of all of these or any other third parties. We may share your information related to those transactions with that third party. We strongly recommend you carefully review their privacy statements and other legal documents.

  1. Your Responsibilities

(1) You are solely responsible for (a) the operation, performance and security of your equipment, networks and other computing resources needed and used to connect to and make full use of the Services; (b) maintaining the confidentiality of your accounts, passwords and personal identification numbers used in conjunction with the Services; (c) all uses of the Services by you; and (d) notifying us immediately of any unauthorized use of its account or any other breach of security. You agree to hold us harmless and we will not be liable for any losses or damages that you may incur as a result of a third party using its password or account.

  1. Fees and Plans

We may charge fees for the use of the Service. Please read carefully the information on the applicable Gaming Platform where you will use the Service. In certain cases, we may offer a trial period without payment.

  1. Billing and Payment

(1) Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including, but not limited to taxes assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, the " Taxes"). You are responsible for paying Taxes except those charged against the Company based on its income.

(2) If you pay by credit card or certain other payment instruments, the Service provides a link to our payment processing agent. You hereby authorize the Company or any payment agent hired by Company to bill your credit card or other payment instrument in advance on a periodic basis (monthly or annually) in accordance with the terms of the Plan for the Service until you terminate your subscription to the Service. You agree to promptly update your account information with any changes that may occur, including, without limitation, any information relevant for billing purposes.

(3) All bank and transaction fees associated with the payment for the Service, including, but not limited to services of a correspondent bank or transferring money, shall be paid by you.

  1. Prohibited Uses

(1) You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service (a) in any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software); (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; and (d) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

(2) Additionally, you agree not to (a) use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service; (b) use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (c) use any device, software or routine that interferes with the proper working of the Service; (d) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (e) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, or any server, computer or database connected to the Service; (f) attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or (g) otherwise attempt to interfere with the proper working of the Service.

  1. Monitoring and Enforcement; Termination

(1) We have the right to (a) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; and/or (c) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.

(2) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  1. Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USERS OF THE SERVICE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

  1. Updates to the Service

(1) Company may from time to time in its sole discretion develop and provide service updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionalities. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionalities.

(2) You shall promptly download and install all Service Updates and acknowledge and agree that the Service or portions thereof may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of these Terms. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

(3) We reserve the right to withdraw or amend this Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

  1. Information About You and Your Use of the Service

All information we collect on this Service is subject to our Privacy Policy [https://kuljaninemir.github.io/vfo-privacy-policy/]. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. Termination Terms and Refund Policy

(1) No refunds for fees or payments will be provided to you if you choose to terminate your subscription to the Service or cancel your account.

(2) Company may terminate this Agreement at any time without notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of its terms and conditions. Upon termination all rights granted to you under this Agreement will also terminate. Termination will not limit any of Company's rights or remedies at law or in equity.

(3) Without limiting the foregoing, we have the right in our sole discretion to cancel accounts that we may deem abusive. Accounts will not be closed without proper warning to allow an account to come back into compliance.

  1. Disclaimer of Warranties

(1) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

(2) YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

(3) THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

(4) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability

(1) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES, (I) INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE; OR (II) FOR ANY AMOUNT EXCEEDING THE TOTAL AMOUNT OF FEES PAID BY YOU FOR THE SERVICES UNDER THESE TERMS.

(2) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, any use of the Service's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

  1. Export Regulations

The Service may be subject to export control laws. You shall not, directly or indirectly, export, re-export or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Service available outside of Canada, United States of America, European Union, Australia, Japan and New Zealand.

  1. Governing Law and Jurisdiction

(1) All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any choice or conflict of law provision or rule. The application of the United Nations Convention for the International Sale of Goods is expressly excluded.

(2) Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in Sweden. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Waiver and Severability

(1) No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

(2) If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

  1. Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

  1. Relationship of the Parties

These Terms are not an agency, partnership, joint venture, employment or other such business arrangement. You may not act as agent for, or on behalf of, the Company, or to represent the Company, or bind the Company in any manner.

  1. Assignment

The Company may assign these Terms or any part of them without notice to you, and the Company may delegate any of its obligations under these Terms. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under these Terms, to any third party.

  1. Your Comments and Concerns

This Service is operated by:

Early Morning Studio AB Sveavägen 9, 111 57, Stockholm, Sweden

All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: support@earlymorningstudio.com.