(Last updated October 10, 2011)
Housemarque Web Site is comprised of various Web pages, Including Housemarque.com, furmins.com, deadnation.net and other game sites operated by Housemarque Oy (“Housemarque”) (the “Housemarque Web Sites”). We will refer to the Housemarque Web Sites as the “Housemarque Services”.
The Housemarque Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Housemarque Services constitutes your agreement to all such terms, conditions, and notices. By registering with us or using or browsing the Housemarque Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these terms, please stop using the Housemarque Services.
Your use of the Housemarque Services is also subject to the Housemarque Privacy Statement, which is available at http://www.housemarque.com/privacy-policy/ and Incorporated by reference into these terms. The Housemarque Services may also contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas) (“Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the Housemarque Services, then these terms shall control.
The Housemarque Services are not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Housemarque Services. Any person who provides their personal information through the Housemarque Services represents to us that they are 13 years of age or older. You hereby represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using the Housemarque Services as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity.
Housemarque reserves the right to change the terms, conditions, and notices under which the Housemarque Services, Including but not limited to the charges, if any, associated with the use of the Housemarque Services. You are responsible for regularly reviewing these terms and conditions and your continued use of the website affirms your agreement to these terms and conditions and any future modifications thereto.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Housemarque Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Housemarque Services, Housemarque Mobile Apps and Software.
LINKS TO THIRD PARTY SITES AND THIRD PARTY SERVICES
The Housemarque Services may contain links or functionality that use or point to other Web Sites or services (“Third Party Services”). The Third Party Services are not under the control of Housemarque and Housemarque is not responsible for the contents of any Third Party Service, Including without limitation any link contained in a Third Party Service, or any changes or updates to a Third Party Service. Housemarque is not responsible for webcasting or any other form of transmission received from any Third Party Service. Housemarque is providing these links to you only as a convenience, and the Inclusion of any link does not imply endorsement by Housemarque of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Housemarque Services, you warrant to Housemarque that you will not use the Housemarque Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Housemarque Services in any manner which could damage, disable, overburden, or impair the Housemarque Services or interfere with any other party’s use and enjoyment of the Housemarque Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Housemarque Services.
USE OF COMMUNICATION SERVICES
The Housemarque Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, Including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Housemarque has no obligation to monitor the Communication Services. However, Housemarque reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Housemarque reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Housemarque reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Housemarque’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Housemarque does not control or endorse the content, messages or information found in any Communication Service and, therefore, Housemarque specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Housemarque spokespersons, and their views do not necessarily reflect those of Housemarque.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO HOUSEMARQUE OR POSTED TO THE HOUSEMARQUE SERVICES
Housemarque does not claim ownership of the images, video, text, or other materials you provide to Housemarque (Including feedback and suggestions) or post, upload, input or submit to any Housemarque Service or associated services (collectively “Submissions”), to the extent what you post does not Include materials provided to you or otherwise owned by Housemarque or its licensees. However, by posting, uploading, inputting, providing or submitting your Submission you hereby grant Housemarque, its affiliated companies and sublicensees, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to reproduce, distribute, prepare derivative works of, display, perform and otherwise use your Submissions in connection with the Housemarque Services and Housemarque’s (and its successors’ and affiliates’) business, Including, without limitation, distributing your Submissions in all current and future media in which the Housemarque Services may now or hereafter be distributed or transmitted and to publish your name in connection with your Submission. This license grant will survive any expiration or termination of these terms and conditions.
No compensation will be paid with respect to the use of your Submission, as provided herein. Housemarque is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Housemarque’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section Including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions (excluding materials provided to you by Housemarque for the purpose of making your Submission).
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Housemarque Services are solely between you and such advertiser. YOU AGREE THAT HOUSEMARQUE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SOFTWARE OR SERVICE.
You agree to indemnify and hold harmless Housemarque, and its parent, subsidiaries, affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (Including attorney’s fees) arising out of (i) your use or misuse of the Housemarque Services; (ii) your Submissions, Including Housemarque’s use, display or other exercise of rights granted herein with respect to your Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, Including claims that any Submission infringes or violates any third party intellectual property rights; and (v) your breach of the representations, warranties, and covenants herein. Housemarque reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Housemarque. Housemarque will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES (INCLUDING THIRD PARTY SERVICES) INCLUDED IN OR AVAILABLE THROUGH THE HOUSEMARQUE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOUSEMARQUE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HOUSEMARQUE SERVICES AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE HOUSEMARQUE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HOUSEMARQUE AND/OR ITS RESPECTIVE SUPPLIERS AND PUBLISHERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HOUSEMARQUE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, HOUSEMARQUE SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. HOUSEMARQUE AND/OR ITS RESPECTIVE SUPPLIERS AND PUBLISHERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, HOUSEMARQUE SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Housemarque reserves the right, in its sole discretion, to terminate your access to any or all Housemarque Services and the related services or any portion thereof at any time, without notice.
You are solely responsible for your involvement with other users of the Housemarque Services. If you have a dispute with one or more users, you release Housemarque (and Housemarque’s parent, subsidiaries, Affiliates, officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You may from time to time choose, in your sole discretion, to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to the Housemarque Services or our other products and services, Including, without limitation, through any Housemarque Service, or in connection with surveys or on third party sites, Including, without limitation, Facebook and Twitter (“Feedback”). If you choose to provide us any such Feedback, you hereby grant Housemarque a nonexclusive, perpetual, irrevocable, transferable, sublicensable, royalty free, fully paid up license to use such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you.
This agreement is governed by the laws of the Finland. You hereby consent to the exclusive jurisdiction and venue of courts in Helsinki, Finland in all disputes arising out of or relating to the use of the Housemarque Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Housemarque as a result of this agreement or use of the Housemarque Services. Housemarque’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Housemarque’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Housemarque Services or information provided to or gathered by Housemarque with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Housemarque with respect to the Housemarque Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Housemarque with respect to the Housemarque Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Housemarque Services Copyright © Housemarque Oy and/or its suppliers. All rights reserved.
TRADEMARKS. Housemarque and/or other related products referenced herein are either trademarks or registered trademarks of Housemarque Oy. or its suppliers. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.