Terms of Service
These terms of service (the "Agreement") govern the relationship between you and Grey Area Oy, Kaisaniemenkatu 6A, 00100 Helsinki, Finland, Business ID: 2224276-4 ("Grey Area" or "us" or "we") regarding your use of Grey Area’s Shadow Cities™ game service and all related services, which include Shadow Cities™ website located at www.shadowcities.com (all together the "Service"). A description of the Service is available at Press page. By creating an account with us or accessing or using the Service you accept and agree to be bound by the terms and conditions of this Agreement. If you do no wish to be bound by this Agreement, do not register an account with us or use the Service.
Shadow Cities™ application for iPhone is licensed to you under separate agreement conforming to the standard end user license agreement (currently titled “Licensed Application End User License Agreement”) applicable as default to all applications obtained from App Store (“App Store”) made available by iTunes SARL; Apple, Inc., or related parties. In addition, the terms and conditions of App Store are applicable to your Service-related purchases made within the Shadow Cities™ application or otherwise to the extent such purchases are made utilizing the App Store platform.
1 USER ACCOUNTS
You need to register an account (“Account”) on the Service in order to be able to use the Service. Grey Area has the right to choose and/or approve the user name and other account credentials associated with you Account. Grey Area retains all rights to your user name and other account credentials with the right to amend them in such manner as Grey Area deems appropriate from time to time.
By agreeing to this Agreement, you confirm that you are at least 13 years of age.
1.2 Your Information
You may be required to input certain information relating to yourself in connection with registering Account and at different parts of the Service. Any information you provide us with must be accurate and complete and it is your responsibility to promptly inform us of any changes to such information. As a data controller domiciled in Finland Grey Area shall collect and process your personal data in accordance with applicable Finnish laws, rules and regulations. See Privacy Notice of the Service for further information.
1.3 Your Location
The Service includes features and functionalities that utilize capabilities of certain mobile devices to locate you, and that share and publicise your location within the Service to other users of the Service. You will be asked separately to consent to the use your location within and in connection with the Service. The operation and functionalities of the Service may be severely hindered if you do not give such consent. Your location data will be stored and processed by Grey Area in accordance with the principles set out in the Privacy Notice and applicable Finnish laws, rules and regulations.
1.4 Responsibility for Your Account
It is your responsibility to preserve the confidentiality of your Account credentials and password and notify Grey Area immediately of any known or suspected unauthorised disclosure or use of the Account credentials. Until receipt of such notification by Grey Area, you are fully responsible for all use of your Account.
2 PROVISION AND USE OF THE SERVICE
2.1 Provision of the Service
Grey Area is entitled to modify, amend, change or terminate the Service or any part of the Service and it shall pursue to notify you of such modifications, amendments, changes or termination beforehand via the Service or otherwise. You must provide a mobile device that is suitable to connect with and use the Service. You are responsible for any fees, including mobile fees that you incur when accessing and using the Service.
2.2 Availability of the Service
Grey Area shall use its reasonable commercial efforts to ensure that the Service is available to you continuously. Grey Area shall have a right to suspend temporarily or permanently the Service at any time for maintenance or for any other reason. Grey Area shall pursue to notify you beforehand on such suspensions via the Service, but is under no obligation to do so.
2.3 Accepted Use of the Service
Use of the Service is subject to your continued compliance with the terms and conditions of this Agreement, other applicable policies of Grey Area in force from time to time, and applicable laws, rules and regulations. You may use the Service for non-commercial purposes only and you may not resell or otherwise further distribute the Service.
2.4 Third Party Information and Material in the Service
The Service may from time to time include bulleting boards and other features and functionalities that enable its users to upload and submit text and other content and information. You are solely responsible for any material and information you submit to the Service. Grey Area does not pre-screen, select, approve or monitor any third party material or information submitted to the Service, and it is possible that such material and information contains infringing or illegal material. In relation to such third party material and information the role of Grey Area is that of a hosting service provider pursuant to the Directive 2000/31/EC and the Finnish Act on Provision of Information Society Services (458/2002). Grey Area abides by the notice and take-down process set out in the lattermentioned Act. All notifications of infringing material may be sent to [email@example.com].
2.5 Prohibited Uses of the Service
You shall not, and shall not authorize any third party to: (i) defame, abuse, harass, stalk, threaten or otherwise violate privacy or other legal rights of others; (ii) submit or post any inappropriate, defamatory, infringing, obscene, indecent or unlawful material or information; (iii) submit any material or information that is illegal or infringes on rights of a third party; (iv) create a new account to use the Service after Grey Area has terminated this Agreement with you in full or part as a result of your breach of this Agreement; (v) use your account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone; (vi) rent, lease, sell, trade, gift or otherwise transfer your Account or any virtual items or virtual assets associated with your Account to anyone without Grey Area’s written permission; (vii) use someone else’s Account; (viii) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service or any related software; and (ix) disrupt or interfere or attempt to disrupt or interfere with the Service in any way or in manner, or undermine or manipulate the legitimate operation of the Service.
3 SERVICE FEES; PAYMENT
The Service may from time to time include features, functionalities and content which are subject to payment of separate fees. Such fees are specified in the Service. Grey Area shall have the right to amend the fees without obligation to notify you. You agree to pay such fees to Grey Area, and you further agree that Grey Area may authorize third party such as Apple, Inc., iTunes SARL or related party to charge and collect such fees Grey Area’s behalf. Additional terms and conditions of such third parties may apply. You represent and warrant to Grey Area and that you have the authority to use your designated credit card or other payment method for the payment of the said fees. All purchases are final.
4 NO WARRANTY
THE SERVICE IS PROVIDED “AS IS” AND GREY AREA MAKES NO WARRANTY, EXPRESS OR IMPLIED AND, WHERE AND TO THE EXTENT PERMITTED BY MANDATORY PROVISIONS OF APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, AVAILABILITY, CORRECTNESS, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE OF THE SERVICE.
5 LIMITATION OF LIABILITY; FORCE MAJEURE
IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (ii) GREY AREA'S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO 100 EUR. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to acts of God, labor conditions, power failures and interruptions in communications connections.
6 DATA SECURITY
Grey Area shall use business reasonable efforts to ensure data security of data systems related to the Service. However, Grey Area disclaims any liability arising out of data security breaches, including without limitation costs, damages and losses related to unauthorised access to data by third parties or loss of data.
7 CHANGES TO THIS AGREEMENT; SUPPLEMENTAL POLICIES
Grey Area may change the terms of this Agreement from time to time in which case the revised terms will be posted on the Service. By continuing to use the Service following such changes you agree to be bound by the amended Agreement.
Grey Area may publish additional policies and terms and conditions related to parts of the Service such as forums, contests or campaigns. Your right to use such parts of the Service is subject to those specific policies and terms and conditions in addition to this Agreement.
Either Party may terminate this Agreement with or without cause at any time with a notice period of five business days by sending written notice of your desire to cancel your participation in the Service to Grey Area. Grey Area may at any time, in its sole discretion, terminate all or part of the Service or this Agreement for any reason. Upon termination, (i) the provision of the Service shall cease immediately, (ii) Grey Area may delete all data submitted by you, observing, however that Grey Area has a right, but has no obligation, to retain the said data in order to enable you to reactivate the Service.
This Agreement shall be governed by the laws of Finland, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be settled in the courts of Finland. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Grey Area. Notwithstanding the foregoing, Grey Area may assign this Agreement to any affiliate at any time without notice and otherwise as part of a sale of business. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, oral or written, all previous negotiations, and all other communications between the parties with respect to the subject matter of the Agreement.
Last updated June 5, 2012