WELCOME TO THIS APP PROVIDED TO YOU BY 29k INTERNATIONAL AB. BEFORE ACCESSING AND USING THE APP, USING THE RELATED SERVICES OR ACCESSING ANY RELATED WEBSITES, ETC. (THE APP, RELATED SERVICES AND THE WEBSITES HEREINAFTER THE "APP"), PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ACCESSING AND USING THE APP YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN 29k AND YOU WHETHER OR NOT YOU ARE A REGISTERED USER OF THE APP. IF YOU ARE AN END USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 23 AND 24, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT ACCESS AND USE THE APP. 29k RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE APP FOR ANYONE WHO VIOLATES THESE TERMS OF SERVICE. 29k MAY DISABLE ACCESS TO THE APP AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.Acceptance
This document ("Terms of Service") is a legal agreement between you ("You", "End User" or "user") and 29k International AB, a Swedish corporation, with registered and business offices at Norrsken House, Birger Jarlsgatan 57 C, 113 56 Stockholm, Sweden ("29k") and governs your use of the App, whether or not you are a registered End User of 29k.
PLEASE NOTE THAT BY ACCESSING AND/OR USING THE APP YOU AGREE TO ABIDE BY AND BE BOUND BY THESE TERMS OF SERVICE. 29k OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE APP AND PERMITS YOU TO USE THE APP ONLY IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE APP CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT ACCESS AND USE THE APP. The App
The App is a service provided to you by 29k. The App is a digital platform with the purpose of enabling a community for personal growth. End Users who have registered a user account can share their experience with other users through the App, for example in text or video etc. Access to the App
To access and use the App you must register an account with 29k or a service provider (Apple App Store, Google Play etc.), unless the App is expressly provided in a form and venue where an account is not required. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. 29k reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in App currency, assets etc. to another person or entity, unless specifically permitted in writing by 29k. Further, you must be 13 years or older to be entitled to access and use the App. This App is not intended for children under the age of 13. Children under the age of 13 may not access and use the App. If you are at least 13 years old but under 18 years of age you need parental consent to access and use the App and any activities in the App must be under the legal responsibility of the parents. Any registration by, use of or access to the App by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of these Terms of Service. Third Party Accounts
If enabled by 29k in its sole discretion, you may establish an account with account data provided to 29k by a third party such as a social network etc. in which case you may have a separate, additional account relationship with such third party. Registration and warranties
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 represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you not listed on any U.S. Government list of prohibited or restricted parties. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any smart phone, tablet etc. that you use for accessing the App and you hereby accept sole responsibility for all activities that occur under your account or password. 29k, its affiliates and service providers reserve the right to restrict or terminate access to the App, 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.
29k RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE APP, INCLUDING YOUR ACCESS TO THE APP AT ANY TIME. 29k MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS OR ACCURACY OF THE APP NOR DOES IT REPRESENT OR WARRANT THAT THE APP WILL BE AVAILABLE AT ALL TIMES OR AT ANY TIME. THE APP MAY BE INCOMPLETE, MAY CONTAIN ERRORS ETC. 29k MAKES NO COMMITMENT AND EXPRESSLY DISCLAIMS ANY DUTY TO FIX ANY ERRORS OR LACK OF FUNCTIONALITY IN THE APP. THE APP IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY EXPRESS WARRANTIES. Payment
Certain versions of the App may be provided "free-to-use" where you can access and use certain parts of the App or App versions without paying any fees. However other versions of the App or certain App levels and features are "premium features" where you must pay a fee or purchase in-App material or access to use such levels and features etc. Where applicable, You agree to fully pay for the App, features, versions, products and services that you have ordered in the App. You are responsible for providing 29k and/or the service providers with valid credit card information to secure payment. 29k and/or the 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. 29k or the service providers confirm all subscriptions, purchases and send all initial login or activation information by email or text messages once 29k or the service provider have had the opportunity to confirm your purchase. Payment terms
In order to access and use certain versions of the App, access certain additional content, premium services etc. you are required to pay certain fees (certain App versions and the premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at 29k's or the service provider's App access pages etc. 29k may also offer other products and services in the App etc., either for free, for one-time fees or for recurring fees. 29k and/or the service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, 29k or the 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 29k's and/or the service provider sole discretion should you decide to upgrade your services. When you purchase the App and any service in the App or in relation to the App you authorize 29k or the 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 29k or the service provider are not required to collect) and for all hardware, software, mobile/handheld devices, Internet and other costs you incur to access and use the App. 29k and/or the service provider reserves the right to change the fees and availability of the App at any time without notice; provided, however, such price change will not affect your purchase price for orders that 29k or the service provider has already actually received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing the App for changes in the fees or payment terms. Access
In consideration of the payment of any applicable fees and subject to your registering for an account and compliance with the terms contained herein, 29k or the service provider will, upon receipt of your payment if applicable, provide you with a limited, non-exclusive, revocable license to access the App and enable you to access and use the App subject to the other applicable provisions, limitations and restrictions in these Terms of Service. You may not upload or republish the App or App Content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the App or App Content is strictly prohibited. If 29k or the service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at 29k's or the service provider's discretion. Delivery of products and services, Updates and New Releases
29k PROVIDES THE APP ON AN "AS IS" BASIS. 29k OR THE SERVICE PROVIDER SHALL ENDEAVOR TO DELIVER THE APP 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, 29k OR THE SERVICE PROVIDER SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DELAYS OR DELIVERY PROBLEMS. YOUR SOLE REMEDY WITH RESPECT TO THE APP, 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 APP, PRODUCT OR SERVICE, OR A REFUND OF THE PURCHASE PRICE PAID FOR THE APP, PRODUCT OR SERVICE, AS DETERMINED BY 29k OR THE SERVICE PROVIDER IN THEIR SOLE DISCRETION.
29k MAY FROM TIME TO TIME UPDATE OR OTHERWISE MODIFY THE APP ELECTRONICALLY, OR REQUIRE THE USER TO INSTALL UPDATES, PATCHES OR FIXES TO THE APP ("UPDATES"). UPDATES MAY CHANGE THE APP'S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE APP. YOU MUST INSTALL SUCH UPDATES BEFORE YOU WILL BE ALLOWED TO PROCEED TO USE THE APP. IF YOU FAIL TO INSTALL THE NEW RELEASE WHEN REQUIRED, 29k WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO USE THE APP, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION.
YOU ARE NOT ENTITLED TO RECEIVE ANY NEW RELEASES OR VERSIONS OF THE APP, OR ANY UPDATES, UPGRADES OR SIMILAR PRODUCTS UNDER THIS AGREEMENT, BUT 29k MAY, IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO OFFER ANY OR ALL OF THE FOREGOING TO YOU. 29k MAY PROVIDE NEW RELEASES OR VERSIONS OR OTHERWISE ENHANCE THE APP AT ANY TIME, IN ITS SOLE DISCRETION, WITHOUT OBLIGATION TO YOU. ANY SUCH NEW RELEASE, VERSION OR OTHER ENHANCEMENT OF THE APP MAY CHANGE THE APP'S TERMS, CONDITIONS, FEATURES, ITEMS, MECHANICS, OR ANY OTHER ELEMENT OF THE APP. PERIODICALLY, 29k WILL REQUIRE ALL USERS TO MIGRATE TO NEW RELEASES OR VERSIONS OF THE APP IN ORDER TO CONTINUE TO USE IT. IF YOU FAIL TO UPDATE THE APP AND INSTALL THE NEW RELEASE OR VERSION WHEN REQUIRED, 29k WILL NOT BE RESPONSIBLE IN ANY WAY FOR YOUR INABILITY TO USE THE APP, AND YOU SHALL NOT BE ENTITLED TO RECEIVE A REFUND OF ANY PREPAID FEES OR ANY OTHER FORM OF COMPENSATION. Links to other Apps etc.
The App, platforms etc. may contain advertising and links to other apps, websites, services etc. 29k does not review or evaluate any adverts or apps, websites, services etc. linked to in the App or the platforms and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the adverts, content on these apps, websites, services etc. nor is it responsible for the advertising, products, or other materials that may appear in or are offered by such adverts, apps, websites, services, the platforms etc. You should carefully review the adverts and respective conditions of use for each of these apps, websites, services etc. Under no circumstances shall 29k 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 advertising, content, products, goods, or services etc. available on such apps, websites, services, platforms etc. Indemnification
Your access to and/or using of the App constitutes your agreement to defend, indemnify, and hold harmless 29k, its parents and affiliates, licensors and partners, the 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 App including related services by a third party with the use of your account. Termination
THESE TERMS OF SERVICE ARE EFFECTIVE UNTIL AMENDED BY 29k IN ITS SOLE DISCRETION. 29k MAY CHANGE, SUSPEND, OR DISCONTINUE ALL OR ANY ASPECT OF THE APP AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY OF THE APP OR ANY FEATURE, WITHOUT PRIOR NOTICE OR LIABILITY. 29k MAY CEASE TO PROVIDE THE APP OR ANY OR ALL OF THE PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE APPS, TERMINATE THE TERMS OF SERVICE, AND CANCEL ALL OF THE RIGHTS GRANTED TO YOU UNDER THE TERMS OF SERVICE AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE OR LIABILITY. 29k MAY, BUT IS NOT OBLIGATED TO, COMMUNICATE SUCH TERMINATION TO YOU IN ANY OF THE FOLLOWING MANNERS: (I) IN A NOTICE IN THE APP; (II) VIA ELECTRONIC MAIL; (III) IN THESE TERMS OF SERVICE, OR (IV) IN ANOTHER MANNER THAT 29k DEEMS SUITABLE TO INFORM YOU OF THE TERMINATION. IF 29k TERMINATES THE APP, YOU WILL NOT RECEIVE A REFUND OF PAID FEES. IN THE EVENT OF ANY TERMINATION HEREUNDER SECTIONS 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 24, 25, 26, 27, 28 AND 29, OF THESE TERMS OF SERVICE WILL SURVIVE TERMINATION. Disclaimers and limitations of liability
THE APP IS PROVIDED BY 29k ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 29k 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, 29k MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE APP, THE INFORMATION, CONTENT, MATERIALS ETC. INCLUDED THEREIN; (II) THAT THE APP 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 APP, SERVERS, PLATFORMS, OR TEXS MESSAGES, E-MAILS SENT FROM OR ON BEHALF OF 29k, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. ALTHOUGH 29k PROVIDE RULES FOR USER CONDUCT AND POSTINGS, 29k DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE IN THE APP AND IS NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER IN THE APP OR THE PLATFORMS OR IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT. 29k IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APP.
THE OPERATION AND FUNCTIONS OF THE APP MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF 29k, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL 29k, ITS PARENTS, AFFILIATES, LICENSEES, LICENSORS, PARTNERS AND/OR SERVICE PROVIDERS (COLLECTIVELY "29k" FOR PURPOSES OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR USE THE APP, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE APP OR OTHERWISE FROM 29k OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, TEXTS, 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 29k'S RECORDS, PROGRAMS, OR APPS ETC. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN OR IN RELATION TO THE APP. 29k TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL 29k BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE APP OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREIN, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 29k'S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF SERVICE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT 29k SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE APP OR ANY PRODUCTS AND/OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE APP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APP, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE APP, 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 APP AND THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND 29k HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE APP, 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. 29k DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE APP, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP, PRODUCTS AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE APP, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE APP WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 29k OR AN 29k AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
29k DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY IN THE APP OR IN RELATION TO THE APP, THROUGH THE PLATFORMS, OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND 29k 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 29k BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE APP, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE APP, OR DEFECT IN OR CAUSED BY THE APP, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE APP, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR DEVICE, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 29k'S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS OF SERVICE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP, PRODUCTS AND SERVICES DURING THE CALENDAR YEAR WHEN THE CLAIM IS MADE. Seizure warning, motion sickness, reliance on advice etc.
Seizure warning, motion sickness
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in the App and/or advertising related to the App. Exposure to certain light patterns or backgrounds on a video monitor/device may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. 29k takes no responsibility for such effects in the App and advertising related to the App and end results thereof and you are accessing and using the App and seeing the advertising on your own risk. Nor does 29k take any responsibility for motion sickness, any balance problem etc. that may occur from the using of the App or seeing the advertising etc.
Reliance on advice etc.
29k takes no responsibility for any information, advice, suggestions, recommendations etc. provided or suggested in or in relation to the App by us or any user, participant or other third parties etc. You are solely responsible for your reliance of any information, advice, suggestion, recommendation etc. provided to you in or in relation to the App. Please seek professional advice for any medical, psychological issue etc. as well as for any career, relationship, health, activity issues etc. Trademarks and App marks
The names, logos, characters, brands and product and service names appearing in the App and related services are trademarks/service marks or registered trademarks/service marks of 29k 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 Rights
The App and App Content and Material
You acknowledge and agree that all content, design elements, and materials available in the App, for example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names ("29k Content") are owned by 29k and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of 29k and/or its partners and licensors. 29k and its partners and licensors retain all right, title and interest in and to the 29k Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any 29k Content in any form or for any means, unless expressly permitted in this Agreement. 29k's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of 29k. In addition, you may not sell, license, rent, perform, disuse, create derivative works from, or in any way use or exploit 29k Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the App or 29k Content. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against 29k any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
Except for as explicitly stated otherwise in this Agreement, you hereby irrevocably, and without additional consideration beyond the rights granted to You herein, assigns to 29k any and all right, title and interest that You may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while using the App, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, You hereby grants 29k an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.
User Content and Material
The App let you submit certain materiala to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the App. You may be able to upload video, images or sounds. In this Agreement, we use the term "User Content and Material" to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Content and Material does not include the account information, any purchase related materials, or App related information which you provide in registering for and using App. If you review or submit User Content and Material, you are agreeing to do so in accordance with these terms. We do not systematically review User Content and Material submitted by you or other users. We are not responsible for the content of User Content and Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Content and Material, including as to its legality or accuracy. We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Content and Material, or to restrict, suspend, or terminate your access to all or any part of the App, particularly where User Content and Material breaches this section, and we may do this with or without giving you any prior notice.
Each time you submit User Content and Material to us, you represent and warrant to us as that you own your User Content and Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.
29k license to User Content and Material
You agree that 29k shall be given the irrevocable, sub-licensable, perpetual, worldwide, royalty-free, paid-in-full, right and license to utilize, reproduce, modify, edit, publicly perform, publicly display, distribute and make derivative works from your User Content and Materials as submitted by you in the App, in the App and related services and in marketing materials thereto, and in any and all media now known or hereafter devised. Prohibited use
You agree to abide by all applicable laws and regulations when using the App. Your continued access to the App and right to use the App is subject to proper conduct. Without limiting 29k's rights to control the App's environment, and the conduct of the End Users within that environment, 29k prohibits the following practices that 29k 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 App;
- Use of your own or third-party software to modify any content appearing within the App, its environment or change how the App is used or services used;
- Use of your own or third-party software or any information accessible through the 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 App may be used by others in ways other than those intended by 29k;
- Disrespecting the rights of others and their rights to use and enjoy the App. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other users;
- When naming any user character, team etc. 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 App, 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 App or other permitted websites without the user's and our prior written consent;
- You may not harvest or collect email addresses or other contact information of other users from the App 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 29k;
- 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 29k, 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 App;
- You may not modify any part of the App, 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 App;
- You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in the App;
- You may not use the App for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in the App;
- You will follow the instructions of authorized personnel in or related to the App;
- You may not organize nor be a member of any pledges or groups within the App 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 App;
- You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the App;
- You will not exploit any bug in the App 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 App. Bugs should be promptly reported to email@example.com.
- You will not attempt to use the App on any server or platform that is not controlled or authorized by 29k AB, its designees or service providers;
- You will not create, use, or provide any server emulator or other site where the App may be used, and you will not post or distribute any utilities, emulators or other software tools related to the App without the express written permission of 29k;
- 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 29k' copyrights or trademarks or any confusingly similar marks;
- Uploading invalid data, viruses, worms, or other software agents to the App;
- Collecting information from other End Users without obtaining their consent; or
- You may not manipulate data in any way to acquire benefits etc. not actually acquired or achieved in the App.
29k may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the App, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of the App, payment methods etc. 29k may occasionally ask you to provide information on your experiences of using the App etc. which will be used to improve the quality and provision of the App etc. You are not required to provide any ideas, feedback or suggestions (collectively, "Feedback") to 29k. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Feedback to 29k, you agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to 29k and acknowledge that 29k 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 29k 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 App. which you may receive periodically. Electronic communications
When you use the App 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 App or by any other means 29k finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, text messaging, posting notice in the App or otherwise) satisfy any legal requirement that such communications be in writing. Disputes
Disputes between you and 29k
OUR GOAL IS TO RESOLVE DISPUTES FAIRLY AND QUICKLY. FOR ALL DISPUTES AGAINST 29k, YOU AGREE TO FIRST CONTACT 29k AND TRY TO RESOLVE THE DISPUTE INFORMALLY BY SENDING A WRITTEN NOTICE OF THE CLAIM ("NOTICE") TO 29k. THE NOTICE TO 29k MUST BE SENT VIA REGISTERED LETTER TO THE ADDRESS LISTED IN SECTION 30 BELOW OR BY EMAIL WITH CONFIRMATION OF RECEIPT. THE NOTICE MUST (A) INCLUDE YOUR NAME, YOUR RESIDENTIAL ADDRESS AND E-MAIL ADDRESS AND / OR MOBILE PHONE NUMBER ASSOCIATED WITH YOUR ACCOUNT; (B) DESCRIBE THE TYPE AND REASON FOR THE CLAIM; AND (C) SPECIFY THE SPECIFIC COMPENSATION SOUGHT. IF YOU AND 29k CANNOT AGREE ON A SOLUTION TO THE DISPUTE WITHIN 60 DAYS OF RECEIVING SUCH A NOTICE, EITHER PARTY MAY INITIATE LEGAL PROCEEDINGS IN ACCORDANCE WITH SECTIONS 23-26.
You are solely responsible for your interactions with other users of the App. We reserve the right, but have no obligation, to monitor disputes between you and other users. Arbitration
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.
The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor 29k can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform 29k in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your App account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: 29k International AB, Norrsken House, Birger Jarlsgatan 57 C, 113 56 Stockholm, Sweden and marked "Waiver of Arbitration". If you do not waive this arbitration section it will continue to apply to you. Class action waiver
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 23 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Claims
YOU AND 29k AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 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 Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Service that is not subject to mandatory arbitration as set forth above in section 23 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, 29k may apply to any court of competent jurisdiction for injunctive or other equitable relief. Severability
If for any reason any provision of the Terms of Service shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only 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
29k reserves the right, at its discretion, to update or revise the Terms of Service at any time. 29k will post such changes in the App and or forums etc. related to the App and these additional or revised terms will become part of the Terms of Service. Please check this Terms of Service document periodically for changes. Your continued using of the App constitutes your binding acceptance of the Terms of Service, including any changes or modifications made by 29k as permitted above. Entire agreement, Assignment
These Terms of Service 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. 29k may assign its rights under the Terms of Service without notice to you. You may not assign Your rights under the Terms of Service. Disclosure
The App and related products and services hereunder are offered by 29k International AB, a Swedish corporation, with registered and business offices at Norrsken House, Birger Jarlsgatan 57 C, 113 56 Stockholm, Sweden. If you have questions or concerns about these Terms or Use, contact us at:
Telephone: +46(0) 704207531
Last Updated: July 10, 2018.