This term of use agreement (collectively the “Agreement”) constitute a binding agreement between Slaettaratindur AB and you and governs your use of the game HITSTER (the “Game”) and related and supporting services (“Services”). By playing the Game you agree to be bound by this Agreement.

Your access and use of the Game constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you access and use the Game with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Game by any local, state, federal or international law.

 

The music in HITSTER does not represent artist collaborations. 

 

Updates to Terms of Use Agreement & Changes to the Service

This agreement may be amended or changed by us in our discretion, with or without notice, at any time. Except as otherwise stated by us, these amendments or changes will become effective upon their initial posting and the applicable amendment or change will not apply with respect to any dispute that we had actual notice about prior to the effectiveness of the applicable amendment or change. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Your continued access or use of the Game following changes to this Agreement will be deemed acceptance of the applicable changes. If you do not agree to any of the terms of this Agreement or any future Agreement, do not use or access (or continue to access) the Game.

 

Privacy

Any personal information submitted through the service or website by you is subject to our privacy policy located at https://www.hitstergame.com/privacy-policy. Please review our privacy policy to understand our practices with respect to your personal information. 

 

Use of Service; Assumption of Risk

You acknowledge and agree that by playing the Game, you may encounter content that may be deemed sexually explicit, mature, offensive, indecent, objectionable, which content may or may not be identified as having explicit language or adult themes. In addition, certain content and materials available on or through the Game are inappropriate for viewing or listening by minors or by persons who do not wish to be exposed to sexually explicit or mature material. Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material that is sexually explicit or harmful to minors. You fully assume all risk of loss and risk of personal harm arising out of your use of the Game.

 

Service Requirements and Third-Party Content

In order to access or participate in the Service, you may need telecommunications access to a mobile phone with a third-party music service installed (such as Spotify, Apple Music, Youtube Music, for example). By playing the Game using any such music service you comply with the terms and conditions associated with the music service account you hold. You will also be responsible, at your expense, for all telecommunications access and telephone service that may be required to play the Game and all related third-party service fees (including your Internet service provider’s charges and music service provider fees). Certain messaging, service and other standard fees and charges may be applied by your carrier. Please check your plan with your carrier to ensure that you are aware of any applicable fees and charges. We are not responsible for any expenses incurred by you while accessing or using the Game.

 

QR-codes

Certain third-party content may be accessible through QR-codes in the Game. You are aware that using these links is just one way of playing the Game. You can always type in the artist and song title from the card in the music service of your choice. 

Using the QR-codes to play the Game may require certain hardware and software. You accept full responsibility for confirming that the software, hardware and carrier are supported and compatible with the Game specifications and the use of the QR-codes. Although we will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, we will not be liable or responsible if you for any reason are not able to use the QR-codes to play the Game. 

Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to at any time restrict, redirect, suspend, or terminate your access to the music via the QR-codes on the cards, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Game. This does not give you the right to refund the Game. 

Our Proprietary Rights; License Grant

We retain exclusive ownership of the Service and Website and all content and materials provided in connection with the Service and Website (other than Personal Content), and all related rights, including, intellectual property rights. We retain exclusive ownership of any data that is collected by us or our business partners through the operation of the Service or Website.

Subject to your full compliance with this Agreement, we hereby grant you a limited, non-exclusive, revocable, personal and non-transferable license to access and use the Service and Website for your personal, non-commercial use. 

 

User Guidelines and Restrictions; Prohibited Content

You agree that you will not in connection with your use of the Game:

1. Engage in criminal or tortious activity, including, copyright infringement, patent infringement, or theft of trade secrets
2. Engage in any activity, which may compromise the stability or availability of the Game or Website or use the Game or Website to compromise the availability or stability of any third-party site or service;
3. Use automated means, including spiders, robots, crawlers or the like to download data from the Game or Website or any related server or database;
4. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works of or sublicense the game or Website, or any portion thereof;
5. Circumvent any security measures or any payment collection methods employed on or through the Service or Website, or access or use the Service or Website after your Account, this Agreement or your access has been terminated or suspended by us.

 

Advertising

As consideration for the limited license and rights granted to you under this Agreement, you agree that we and our business partners shall have the right to provide ads, promotions, offers and other information to you by QR-codes or other means of communication.

 

Customer Service

If you have questions about the Game contact https://www.hitstergame.com/contact. We will do our best to help you. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Game and Website with or without notice. We shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to the Game or Website. You are responsible for any third-party devices, hardware or software that are required to use the Service.

 

Copyright Complaints; DMCA Notification

We may, in our sole discretion, remove any Content that appears to infringe on the intellectual property rights of others or that is violation of this Agreement. It is our policy to respond to and investigate claims of copyright and other intellectual property infringement. 

You may notify us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”).  We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA. In order to notify us of a copyright infringement claim pursuant to the DMCA, you must provide:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works in the Game are covered by a single notification, a representative list of such works;
3. a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including a URL address;
4. your address, telephone number and email address;
5. a statement by you 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 the law; and
6. a statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved.

The notice described above should be sent to our designated copyright agent at [email protected] If you fail to comply with all of the requirements described above, your DMCA notice may not be valid.

 

If you believe that any Content or material that was removed (or to which access was disabled) is not infringing, or you have the right to post and use such Content or material from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, you must send a counter notice containing the following information to [email protected]:

1. a physical or electronic signature of you or the person authorized to act on behalf of the owner of the exclusive right that is alleged to have been infringed;
2. identification of the copyrighted work that has been removed or blocked or to which access has been disabled;
3. the location at which the allegedly infringing material appeared before it was removed or disabled, including a URL address;
4. your address, telephone number and email address;
5. a statement by you that you have a good faith belief that the material removed or disabled was the result of a mistake or misidentification of the material; and
6. a statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved.

If a counter-notice is received at the address above, we may send a notice to the complaining party that the removed material will be restored or we will cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored within ten (10) to fourteen (14) business days or more after receipt of the counter notice, at our discretion.

 

Limitation of Liability

In no event will we be liable to you or any other person for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, lost profits arising out of your use, or inability to use, the Game or website, even if we have been advised of the possibility of these types of damages. You further agree to indemnify us and hold us harmless for any and all claims, damages, liabilities and expenses in the event that you find Content to be offensive, harmful, obscene, inaccurate or deceptive. Under no circumstances shall our liability to you for any claim or cause of action whatsoever, and regardless of the form of action, whether arising in contract, tort or otherwise, exceed the amount paid by you to us, if any, during the 90 day period immediately preceding the date on which you assert the Applicable claim.  The foregoing limitations shall apply to the fullest extent permitted by applicable law.

ADDITIONALY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, 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 FRESHPLANET INC.’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

 

Indemnification

You agree to indemnify and hold us, our parent, subsidiaries and affiliates, and ours and their equity holders, directors, officers, employees, agents, contractors, licensors and licensees harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service or Website, or any breach or violation of this Agreement.

If either we or you employ any attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

 

Arbitration Agreement & Waiver of Class Remedies

A. Arbitration.  Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Agreement, including, but not limited to, any claim that all or any part of these Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 

The seat of arbitration shall be Stockholm.

The language to be used in the arbitral proceedings shall be Swedish.

This contract shall be governed by the substantive law of Sweden.

 

B. Class Action Waiver.  The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

C. Exception – Litigation of Small Claims Court Claims.  Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

 

Force Majeure

We shall not be held responsible or liable for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or any other cause beyond our reasonable control.

 

Notices

Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to [email protected]. Email notices allowed hereunder shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In addition, we may provide notice by certified mail, postage prepaid and return receipt requested. In these situations, notice shall be deemed given when received.

 

Non-Waiver

No delay or failure to take action under this Agreement shall constitute any waiver by us of any provision of this Agreement.

 

Enforceability

If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

 

Assignment

This Agreement is personal to you and may not be transferred, assigned or delegated by you to any other person or entity. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.

 

Entire Agreement

This Agreement (including all terms and conditions incorporated herein by reference) constitute the complete and exclusive agreement between us and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.