Terms of Service

 

Your Acceptance of the Terms of Use


 

THIS DOCUMENT (“TERMS OF USE”) IS A LEGAL AGREEMENT BETWEEN YOU AND POCAPP STUDIOS AB (HEREINAFTER “PocApp”), A SWEDISH CORPORATION, AND GOVERNS YOUR USE OF POCAPP's GAMES (HEREINAFTER “Games”). 

PLEASE NOTE THAT BY USING OUR GAMES, YOU AGREE TO ABIDE THE TERMS AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN POCAPP AND YOU (HEREINAFTER "YOU"). POCAPP OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE GAMES AND THE SERVICES, AND PERMITS YOU TO USE THE GAMES AND THE SERVICES ONLY IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE GAMES CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE POCAPP's GAMES.

 

Purpose


 

The purpose and intent of PocApps games is to provide you interactive entertainment.

 

Use of information and materials

 

The information and materials contained in the Games and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of the Games including but not limited to unauthorized entry into the system or misuse of any information posted in the Games or chat functions etc. is strictly prohibited. You must have Internet access to access some of the features of our Games.

 

Third Party Network

 

To use the Chat in our games you have to establish a Facebook account and if you wish to back your save files to the cloud using Google or iCloud You may establish an account in which case You will have an additional relationship with such third parties.

 

App Content and Services

 


PocApp reserves the right to add, modify, or delete its services, products and any information in the Games at any time. PocApp makes no representation or warranty as to the completeness or accuracy of the services and information contained on the Games, nor does it represent or warrant that the services offered or advertised in or to the Games will be available at all times. The information contained in the Games may be incomplete, may contain errors, or become out of date at any time. PocApp makes no commitment and expressly disclaims any duty to update any of the content on the Games.

 

Payment


 

You agree to fully pay for all products and services ordered through your account. You are responsible for providing PocApp with a valid credit card number to secure payment. PocApp reserves the right to cancel any order if the credit card number you provide is not valid. Payment is processed in cooperation with Google, Apple or similar service.

 

Fees and payment terms


 

You may purchase additional services, in game currency etc. You are informed of the fees and payment terms during the registration process. The current fees and payment terms will be displayed and may be viewed within the Games. PocApp may amend the fees and payment terms at any time. If your use of the Games is subject to any type of applicable taxes, then PocApp may also charge you for any such taxes, in addition to the fees. All fees are payable in advance and are not refundable in whole or in part. If You did not receive purchased item you can either ask Google/Apple for a refund or contact PocApp with an explanation what occured and PocApp will take the decision if a refund is applicable.

 

Access

 

Upon downloading the App on App Store, Google Play etc. and payment of any purchases made and subject to compliance by you with the terms contained here PocApp shall provide you with access to the Games and its services.

 

Delivery of Products and Services


 

PocApp shall endeavor to deliver properly ordered products and services to you within a reasonable amount of time. However, on occasion, technical problems may delay or prevent delivery of the ordered products and services. Your sole remedy with respect to a product or service that is not delivered within a reasonable amount of time is to either receive a replacement of such product or service, or a refund of the purchase price paid for such product or service, as determined by PocApp in its sole discretion. Please note that once you have started to use the purchased product or service, you have started consuming the product or services and you cannot disclaim the services or demand return payment, unless there is a major default in the product or service that hinders your enjoyment of the product and service over an extended period of time.

 

Restrictions on Use


 

You agree to abide by all applicable laws and regulations in using the Games. You expressly agree that you shall not:

(a) use the Games for any illegal purpose;

(b) use the Games in any manner which violates the rights of a third party, including without limitation intellectual property rights; or

(c) use the Games in any manner that breaches the terms and conditions of the Terms of Use.

 

Specifically Restricted Conduct 


 

Your continued access to the Games and use the services is subject to proper conduct. Without limiting PocApp's rights to control the Games and its environment, and the conduct of the players within that environment, PocApp prohibits the following practices that PocApp has determined detract from the overall user experience of the users of the Games: You may not take any action that imposes an unreasonable or disproportionately large load on the Games. You may not use your own or third-party software to modify any content appearing within the Games and its environment or change how the Games are used. You may not use macros or other stored rapid keystrokes or other patterns of play that facilitate acquisition of items, currency, objects, character attributes, rank or status at an accelerated rate when compared with ordinary gameplay. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, currency, objects, character attributes or beneficial actions not actually acquired or achieved in the Games. You may not use our games, or any information accessible through the Games, to bypass the Games login architecture or create or provide any other means through which the Games may be accessed and/or the Games may be used by others, as, for example, through server emulators. You may not engage in any conduct that results in an Account containing items, objects, currency, character attributes, rank, or status that are inappropriate for the level or rank of the character contained in the Account, including without limitation arranging, making or accepting transfers of items to a character without adequate consideration, thereby augmenting or aggregating items in an Account and increasing its value for an Account sale.

 

Links to Other Apps


 

The Games may contain links to other Apps. PocApp does not review or evaluate all of the Games linked to the Games and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these Apps, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such Apps. You should carefully review the respective conditions of use for each of these Apps. Under no circumstances shall PocApp 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, goods, or services available on such Apps.

 

Indemnification


 

Your use of the Games constitutes your agreement to defend, indemnify, and hold harmless PocApp, its parents and affiliates, and their respective 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 Games or the use or misuse of the Games by a third party using your account.

 

Termination


 

These Terms of Use are effective until terminated. You agree that PocApp may terminate your log in access to the Games, including your user name and password, at any time for any reason without prior notice or liability. PocApp may change, suspend, or discontinue all or any aspect of the Games at any time, including the availability of any feature, without prior notice or liability. PocApp may, in its sole discretion, cease to provide any or all of the services offered in connection with the Games, terminate the Terms of Use, close all Accounts and cancel all of the rights granted to you under the Terms of Use. PocApp may communicate such termination to you upon 10 days notice in any of the following manners: (i) when you log into your Account; (ii) in a notice in the App; (iii) via electronic mail; or (iv) in another manner that PocApp deems suitable to inform you of the termination. If PocApp terminates the services, you will not receive a refund of any prepaid fees. You may terminate the Terms of Use with regard to any or all of your Accounts at any time, upon notice to PocApp via electronic mail. You will not receive a refund of prepaid fees in the event of such termination.

 

Disclaimers and Limitations on Liability


 

THE GAMES IS PROVIDED BY POCAPP ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POCAPP 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, POCAPP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF APP, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE APP, INCLUDING ANY SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE GAMES; OR (IV) THAT THE GAMES, PRODUCTS OR SERVICES PURCHASED THROUGH THE GAMES, POCAPP’ SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF PocApp, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.



 

THE OPERATION OF THE APP MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF POCAPP, AND UNDER NO CIRCUMSTANCES SHALL POCAPP, ITS PARENTS AND/OR AFFILIATES (COLLECTIVELY “POCAPP” FOR PURPOSES OF THE REMAINDER OF THIS SECTION 18 AND THE FOLLOWING SECTION 19) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GAMES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE APP 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 POCAPP'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE GAMES. POCAPP TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, FUNCTIONALITY OF SMS/TEXTING SERVISES ETC.

 



UNDER NO CIRCUMSTANCES SHALL PocApp BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE APP OR THE PURCHASE OF ANY PRODUCT OR SERVICES THEREFROM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

 

Special Disclaimer and Limitation of Liability for Products and Services


 

WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY AGREE THAT POCAPP SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE GAMES AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE APP (SUCH PRODUCTS AND SERVICES ARE REFERRED TO AS, FOR PURPOSES OF THIS SECTION 19, “PRODUCT” OR “SERVICES”).



 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USES OF THE GAMES AND ANY PRODUCTS AND SERVICES 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 GAMES, ANY PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PocApp HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GAMES, ANY PRODUCTS AND SERVICES, 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. PocApp DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP AND ANY PRODUCTS AND SERVICE, THAT THE FUNCTIONS CONTAINED IN THE GAMES AND ANY PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GAMES AND ANY PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE GAMES AND ANY PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PocAPp OR A PocApp AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GAMES AND ANY PRODUCTS OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU IN PART OR WHOLE.



 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PocApp BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE GAMES AND ANY PRODUCTS OR SERVICES OR DEFECT IN OR CAUSED BY THE GAMES AND ANY PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR SMART PHONE, COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PocApp’s ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAMES AND ANY PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE, OR REPLACEMENT OF GAMES AND ANY PRODUCTS AND SERVICES WITH A PRODUCT OR SERVICE OF COMPARABLE RETAIL VALUE, AS PocApp MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.

 

Seizure warning

 

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 may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. PocApp takes no responsibility for such effects and end results and the under is playing the game and using the services on his/her own risk.

 

End-User License Agreement


 

You acknowledge and agree to abide by the terms and conditions of any end-user license agreement that might accompanies any product or service you purchase through the Games.

 

Trademarks and Service Marks


 

The names, logos, characters, brands and product and services names appearing in the Games are trademarks/service marks or registered trademarks/service marks of PocApp 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.

 

Intellectual Property


 

You acknowledge and agree that all content, design elements, and materials available in the Games (collectively “Materials”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. PocApp and its licensors retain all right, title and interest in and to the Materials. You may not copy, reproduce, modify, republish, upload, post, transmit or distribute any Materials in any form or for any means without PocApp’s prior written permission. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way exploit such Materials.  You agree not to disassemble, decompile or reverse engineer any software or other component of the Materials or the Games. By using the Games, the Users may create certain content such as characters, communications, in-game locations or user names (“User Content”). Any such User Content created by the User is part of the Games and is created by normal use of the Games. Any right and title to such User Content shall remain vested with PocApp and the Users have non-exclusive, non-transferable, limited, fully revocable license to use the User Content as part of the Games only, in accordance with these Terms. You agree that you do not own the Account you use to access the Games, nor do you own any data stored on PocApp’s servers (including without limitation any User Content). Your intellectual property rights do not confer any rights of access to the Games or any rights to data stored by or on behalf of PocApp. The entire Content is regarded as collective work and PocApp owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the User Content.

 

Electronic Communications


 

When you use the Games or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices in the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Applicable Law; Jurisdiction


 

The Terms of Use is governed by and construed in accordance with the laws of Sweden, excluding conflict of interest laws. You agree to submit to the personal jurisdiction of the district court of Skövde (Skövde Tingsrätt), Sweden as first venue for any cause of action arising out of or relating to the Games, the products and services purchased or the Terms of Use.

 

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 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.

 

Modification


 

PocApp reserve the right, at our discretion, to update or revise the Terms of Use at any time. We will post such changes on the website, 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 use of the App constitutes your binding acceptance of the Terms of Use, including any changes or modifications made by Weesteer as permitted above.

 

Entire Agreement


 

This 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. PocApp may assign its rights under the Terms of Use without notice to you.