[Updated October 21, 2019]
- The Service
The Service is a software tool for development of games and experiences and Hiber provides a website where the Customers can publish their games and experiences that other Customers can play or experience.
- Access to the Service
Where applicable, access and use of certain basic Service versions, experience of certain basic content and games features may not require registering of an account with Hiber and where applicable platform/service providers that are providing the Service etc. to you. However, in order to access and use the complete Service, certain premium experiences, content, services, games and features you must register an account with Hiber and/or the platform/service providers that are providing the Service etc. to you. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Hiber reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in game currency, characters, assets etc. to another person or entity, unless specifically permitted in writing by Hiber.
- Third Party Accounts
If enabled by Hiber in its sole discretion, you may establish an account with account data provided to Hiber 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.
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, tabletor other hardware that you use for accessing the Service and you hereby accept sole responsibility for all activities that occur under your account or password. Hiber, its affiliates and service providers reserve the right to restrict or terminate access to the Service, 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.
- Products and services
Hiber reserves the right to add, modify, or delete/cancel the Service, including your access to the website, experiences and games at any time. Hiber makes no representation or warranty as to the completeness or accuracy of the Service, nor does it represent or warrant that the Service will be available at all times or at any time. The Service may be incomplete, may contain errors etc. Hiber makes no commitment and expressly disclaims any duty to fix any errors or lack of functionality in the Service. The Service is provided on an “as is” basis without any express warranties.
You agree to fully pay for the Service and any and all products and services ordered in the Service. You are responsible for providing Hiber and/or the platform/service providers with valid credit card information to secure payment. Hiber 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. Hiber or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once Hiber or the platform/service provider have had the opportunity to confirm your purchase.
- Payment terms
In order to access the complete Service, certain premium services and experiences, content, services, games and features etc. you are required to pay certain fees (the complete Service, the premium services and experiences, access to premium content, certain games etc. is provided to paying users only). You can find the current fees and payment terms in the Service, on Hiber’s website and at the platform/service provider’s Game access pages etc. Hiber may also offer other products and services in the Service, on the website and in the games etc, either for free, for one-time fees or for recurring fees. Hiber may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, Hiber 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 Hiber’s and/or the platform/service provider sole discretion should you decide to upgrade your services. When you purchase the complete Service, certain premium services and experiences, content, services, games and features etc. you authorize Hiber 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 Hiber or the platform/service provider are not required to collect) and for all hardware, software, Internet, and other costs you incur to access and use the Service and play the games. Hiber and/or the platform/service providers reserves the right to change the fees and availability of the Service and the games at any time without notice; provided, however, such price change will not affect your purchase price for orders that Hiber 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 Service, website and the games for changes in the fees or payment terms.
- Delivery of products and services
Hiber AB provides the Service on an “as is” basis. Hiber or the platform/service provider shall endeavor to deliver the Service 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, Hiber 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 Service, 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 Service, product or service, or a refund of the purchase price paid for the Service, product or service, as determined by Hiber or the platform/service provider in their sole discretion.
- Links to other services, websites and games
The Service may contain links to other services, websites, experiences, games, websites, services etc. Hiber does not review or evaluate any service, website, experiences, games, website, service etc. linked to in the Service and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these services, websites, experiences, games, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such services,experiences, games, websites, services, the platforms etc. You should carefully review the respective conditions of use for each of these services, experiences, games, websites, services etc. Under no circumstances shall Hiber 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 service, content, products, goods, or services etc. available on such services, experiences, games, websites, services, platforms etc.
Your access to and use of the service, playing of the games constitutes your agreement to defend, indemnify, and hold harmless Hiber, 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 Service, website, games including related services by a third party with the use of your account.
- Disclaimers and limitations of liability
THE SERVICE IS PROVIDED BY HIBER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HIBER 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, HIBER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE SERVICE, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE SERVICE 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 SERVICE, WEBSITES, EXPERIENCES, GAMES, SERVERS, PLATFORMS, OR E-MAILS SENT FROM OR ON BEHALF OF HIBER, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH HIBER PROVIDE RULES FOR USER CONDUCT AND POSTINGS, HIBER DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE SERVICE AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE SERVICE OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, EXPERIENCES, GAMES, SOFTWARE OR CONTENT. HIBER IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.
- Special disclaimer and limitation of liability for games, products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT HIBER SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE SERVICE OR ANYEXPERIENCES, GAMES, PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE, EXPERIENCES, GAMES, PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, 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 EXPERIENCES, GAMES, SERVICE AND THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HIBER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EXPERIENCES, GAMES, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, 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. HIBER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, EXPERIENCES, GAMES, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE, EXPERIENCES,GAMES, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE, EXPERIENCES, GAMES, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIBER OR AN HIBER AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE, EXPERIENCES, GAMES, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
HIBER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYEXPERIENCE, GAME, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE SERVICE OR IN RELATION TO THE SERVICE, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND HIBER 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.
- 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 may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Hiber takes no responsibility for such effects and end results and you are accessing and using the Service on your own risk. Nor does Hiber take any responsibility for motion sickness, any balance problem that may occur from your use of the Service etc.
- Trademarks and Service marks
The names, logos, characters, brands and product and service names appearing in the Service and related services are trademarks/service marks or registered trademarks/service marks of Hiber 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.
- Hiber Intellectual Property Rights
- User Intellectual Property
By using the Service you may create certain content such as games, experiences, content etc. (“Submissions”). Except for the Hiber Content contained therein, any intellectual property right and title to such Submissions shall remain and where applicable shall become your intellectual property, created and submitted by you for use in the Service. That portion of a Submission that is not Hiber Content is sometimes referred to herein as User Content. By publishing any Submission containing User Content in the Service you represent and warrant that you have all rights necessary to grant the licenses contained herein. Furthermore, you represent and warrant that there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content, or any part thereof, or which might in any way impair the rights granted by you hereunder.
- Hiber License to User Intellectual Property
You agree that Hiber shall be given the irrevocable, sublicensable, perpetual, worldwide, royalty-free, paid in full, right and license to utilize, perform, reproduce, make derivative works from your User Content and Submissions, and incorporate etc. your User Content and Submissions in the Service, in any Hiber or third party products and services, including the right to modify, edit, publicly perform, publicly display, commercialize, distribute your User Content and Submissions in any and all media now known or hereafter devised, including the right to use your User Content and Submissions for marketing and promotional purposes, in tutorials etc. and to feature your User Content and Submissions, and any derivative works created therefrom, in the Service, in any Hiber or third party products and services. For any use of User Content and Submissions in other products and services you may be entitled to compensation as decided by Hiber in its sole discretion.
- User License to Hiber Intellectual Property
- Protection of Third Party Rights
You shall be fully responsible for your User Content and represent that any content that you post in the Service does not infringe on any third party’s Intellectual Property Rights, right of privacy or right of publicity. You are responsible that no copyright protected material owned or controlled by third parties is inserted into your User Content without the prior written consent of such third party. Hiber will delete or remove your content if Hiber believes it is infringing someone else’s Intellectual Property Rights, right of privacy or right of publicity. If you believe Hiber has removed such content by mistake, you may notify us and Hiber may, but has no obligation to, provide you with an opportunity to appeal that decision. If you infringe other people's intellectual property rights, Hiber will disable your account and take such action as we may deem appropriate.
- Prohibited use
You agree to abide by all applicable laws and regulations when using the Service. Your continued access to the Service and right to use the Service is subject to proper conduct. Without limiting Hiber’s rights to control the Service’s environment, and the conduct of the End Users within that environment, Hiber prohibits the following practices that Hiber has determined detract from the overall user experience and you are strictly prohibited from:
- Taking any action that imposes an unreasonable or disproportionately large load on the System of the Service;
- Use of your own or third-party software to modify any content appearing within the Service, its environment or change how the Service is used;
- Use of your own or third-party software, or any information accessible through the Service or 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 Service may be used by others in ways other than those intended by Hiber;
- Disrespecting the rights of others and their rights to use and enjoy the Service. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other users;
- When naming any game, character, team, guild or clan you may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;
- You may not post or communicate any user's real world information (name, address, account name, etc.) in the Service, 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 Service or other permitted websites;
- You may not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
- You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images;
- 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 Hiber;
- You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content;
- You may not impersonate Hiber, its’ employees, consultants, partners etc;
- 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;
- You may not violate or encourage others to violate any local, state, national, or international laws or regulations;
- You may not market, promote, advertise, or solicit products or services in the Service unless explicitly permitted in the Service;
- You may not modify any part of the Service, or Clients, Servers etc;
- You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to the Service;
- You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the Service unless explicitly permitted in the Service;
- You may not use the Service for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the Service;
- You will follow the instructions of authorized personnel in or related to the Service;
- You may not organize nor be a member of any pledges or groups within the Service that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;
- You may not provide false information or intentionally hide any information when registering for your account in the unless explicitly permitted in the Service;
- You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Service;
- You will not exploit any bug in the service 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 Service. Bugs should be promptly reported email@example.com;
- You will not attempt to use the Service on any server or platform that is not controlled or authorized by Hiber, its designees or platform/service providers;
- You will not create, use, or provide any server emulator or other site where the Service may be accessed and used, and you will not post or distribute any utilities, emulators or other software tools related to the Service without the express written permission of Hiber;
- 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;
- Using Hiber’ copyrights or trademarks or any confusingly similar marks;
- Uploading invalid data, viruses, worms, or other software agents to the Service;
- Collecting information from other End Users without obtaining their consent; or
- Communication and Feedback
Hiber may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Service, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the Service, payment methods etc. Hiber may occasionally ask you to provide information on your experiences of using the Service etc. which will be used to improve the quality and provision of the Service etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Hiber. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to Hiber, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Hiber and acknowledge that Hiber 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 Hiber by following the specific instructions in promotional messages or by our customer support at firstname.lastname@example.org. These communication choices do not apply to mandatory service communications that are considered part of the Service which you may receive periodically.
- Take Down Notice Policy
Hiber respects the intellectual property of others and expects our users to do so as well. If you believe that a Submission or other content accessible in the Service is in violation of your copyright or trademark rights, please submit a “Take Down Notice” pursuant to the Digital Millennium Copyright Act or relevant applicable laws.
The following information must be included when submitting a Take Down Notice:
- Identify in sufficient detail, the work or intellectual property that you claim has been infringed;
- Identify in sufficient detail, the work or intellectual property you claim to be infringing so that the material can be located in the Service;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of the work that is allegedly being infringed; and
- Sufficient contact details for the person making the complaint, including an address, telephone number and e-mail address and the physical or electronic signature of the person making the complaint.
- The Take Down Notice should be submitted to Hiber at email@example.com. After reviewing your Take Down Notice, Hiber will remove or disable access to the applicable material if we consider it appropriate to do so. Hiber may advise the alleged infringer of your claim and you expressly authorize Hiber to do so.
- Electronic communications
When you use the Service 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 Service or by any other means Hiber 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 Service or otherwise) satisfy any legal requirement that such communications be in writing.
- USER DISPUTES
You are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor disputes between you and other users.
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.
- className ACTION WAIVER
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 28 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR className MEMBER IN ANY PURPORTED className OR REPRESENTATIVE PROCEEDING.
- 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 Göteborg (Göteborgs Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(c) Notwithstanding anything to the contrary, Hiber may apply to any court of competent jurisdiction for for payments, injunctive or other equitable relief.
- Entire agreement
The Service and related products and services hereunder are offered by Hiber AB, Polstjärnegatan 14
417 56 Gothenburg, Sweden, email: firstname.lastname@example.org.
Last Updated: October 21, 2019