ICYOU Supporter Challenge
TERMS OF SERVICE AGREEMENT
IMPORTANT! THE FOLLOWING CONSTITUTES LEGALLY BINDING OBLIGATIONS! PLEASE READ CAREFULLY!
The following Terms of Service Agreement (the “Agreement” or the “Terms of Service”) governs the legal relationship regarding Your use of ICYou Supporter Challenge Account.
This Agreement is entered into between ICYou AB (Publ) (“ICYou”), a corporation organized under the laws of Sweden on the one hand, and You, the actual user of a Supporter Challenge Account (the “Account”), on the other hand.
Subject to the conditions of this Agreement, You may hold one (1) user account, namely, the Account, with which to access the Service. ICYou’s offer of the Service to You is conditional upon Your agreement to all of the terms and conditions contained in this Agreement, as well as any policies and terms linked to the Agreement from time to time. This Agreement is in addition to and does not replace or supplant any EULA for any software used in relation to the service. You acknowledge that additional terms also may apply to use of separate elements of the Service as available from the Websites (defined below).
By using the Service, You acknowledge that You have read and understood these Terms of Service, and that You agree to be legally bound by, and to use the Service only in strict compliance with this Agreement. Please note that it is the actual user of the Service that enters into and commits to this legally binding Agreement, irrespective of what Registration Data (defined below) that has been provided for the account, and irrespective of clicking the “I agree”-button with regards to this Agreement or not. Notwithstanding anything to the contrary, the registered holder of the Account shall always be bound by this Agreement, irrespective of who actually uses the Service through the Account.
If You do not agree to the Terms of Service You must immediately cancel Your Account, in which case You are prohibited from accessing and using the Service. Any use of the Service not in accordance with this Agreement is strictly prohibited.
1. THE SERVICE
1.1. Description of the Service
The Service is the online competitive gaming platform ”ICYOU Supporter Challenge” and the online environments that support the Service such as but not limited to the Cloud Services, website portal, community, chat forums etc. as provided on the websites http://www.supporterchallenge.com and/or http://www.powershotchallenge.com and their sub domains, created, offered and provided to You by ICYou. The Service includes, without limitation;
- the Account,
- any server computation, software access, messaging and protocols that simulate the ICYOU Supporter Challenge environment (the “Servers”),
- any software provided by ICYou or ICYou’s partners and installed on any computer or other device You use to utilize the service or otherwise access the ICYOU Supporter Challenge environment (the “Software”),
- any application program interfaces provided by ICYou for use with the Service (the “Programs”), and
- access to the Websites and services available from the domain and sub domains of the Websites,
The Account, Servers, Software, Programs, Websites and any other item provided by ICYou and pertaining to the Service, collectively constitute the “Service” as used in this Agreement.
1.2. Changes in the Service
ICYou has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Service as it sees fit in its sole discretion.
1.3. Internet access
You acknowledge that You require a working Internet connection to use the Service. ICYou does not provide Internet access. You are fully responsible for maintaining Your own Internet connection as well as any and all fees or charges associated therewith.
1.4. Service interruptions
ICYou does not guarantee any uptime for the Service. The Service is subject to scheduled and unscheduled interruptions. ICYou reserves the right to interrupt the Service for any time and for any reason such as but not limited to a Termination of a contract with a partner or customer of ICYou allowing ICYou to publish branded applications for that partner or customer. You agree that ICYou will not be liable for any interruption of the Service, delay or failure to perform, and You understand that except as otherwise specifically provided in ICYou’s fee policies posted on the Websites, You shall not be entitled to any refunds of fees for interruption of service or failure to perform.
1.5. Acknowledgement; Content and control of the Service
You acknowledge that the Service may contain content of nature that may be perceived inappropriate for some users. As service provider for the Service, and notwithstanding anything to the contrary in this Agreement, ICYou has limited control over the Service and cannot ensure that users will not provide content or access to content that parents, guardians or other users may find inappropriate or objectionable.
Without limiting your obligations under this Agreement, You acknowledge that that the Service allows people to interact online regarding topics and content chosen by users of the Service, and that users can, to a limited extent, alter the Service environment on a real-time basis. ICYou, as service provider for the Service, cannot monitor the content of all communications between users or users’ interactions regarding the Service. As a result, ICYou has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.
2. THE ACCOUNT
2.1. General provisions
In order to use the Service in any way, You must at all times hold the Account validly established, except for portions of the Websites that ICYou in its sole discretion allows access to without registration. The Account is the property of ICYou as well as any information provided using it.
You represent and warrant that You are a ‘natural person’ who is over the age of eighteen (18) years old, or over the age of majority in the country where You reside or are a citizen, or in case of you not being over the age of majority you have your parent’s or legal guardians’ permission to use the Service and they are informed and comply with the terms of this agreement.
2.2. No Transfer of Account
The use of the Account is limited to one (1) legal entity, namely, You. You agree that You do not own the Account, as You do not own any other material pertaining to the Service, but merely has a limited right to use the Account under the terms of this Agreement. You may therefore not sell or otherwise transfer the Account to any third party, or in any way allow or charge any third party for using the Account to access and/or use the Service. ICYou may require You to submit an indication of unique identity; e.g. credit card, other payment information, or other information as requested, in the Account registration process or at any later stage.
2.3. Account and Password responsibility and security
To use the Service, You must select a password, specific for Your Account. You are fully responsible for maintaining the confidentiality of Your password and are responsible for any harm resulting from Your disclosure, or authorizing the disclosure of, Your password or from use by any person of Your password to gain access to Your Account. You may not disclose Your password to anyone or allow anyone to use Your password. Your disclosure of Your password to any other person is entirely at Your own risk. ICYou is not responsible in the event that the Account is “hacked” or if the Account or your computer is compromised in any way.
2.4. Cancellation of Account
You may cancel Your Account at any time, subject to the conditions as further detailed below. As further detailed below, ICYou has the right to cancel Your Account at any time, for any reason or for no reason. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the Service.
3. REGISTRATION DATA AND OTHER END-USER INFORMATION
3.1. Registration Data
You represent and warrant that You have provided true, accurate, current and complete information about Yourself as prompted by the registration form for the Account (“Registration Data”). You agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. You acknowledge that the undue fulfilment of this section does not limit Your obligations under this Agreement in any way, but constitutes a breach of the Agreement.
You acknowledge that Your use of the Service is dependent upon Your Registration Data being accurate, current and complete. You authorize ICYou to make any inquiries or take other actions to validate Your Registration Data at any time.
ICYou reserves the right take any and all appropriate legal actions against any and all persons who misrepresent Registration Data or are otherwise untruthful about their identity regarding the Service, and to suspend or cancel Accounts registered or maintained with inaccurate or incomplete information.
Notwithstanding the foregoing You acknowledge that ICYou cannot guarantee the accuracy of any information submitted by any user of the Service or any Registration Data regarding any user of the Service.
3.2. Display Name
Part of Your Registration Data is the display name, by which You identify Yourself while using the Service (Your “Display Name”). You may not select or use a Display Name or similar to a name;
- of another person to the extent that could cause deception or confusion;
- which violates any trademark right, copyright, or other proprietary right;
- which may mislead other users to believe You to be an employee of or otherwise connected to ICYou; or
- a name which ICYou deems in its discretion to be vulgar, offensive or otherwise inappropriate.
ICYou reserves the right to delete or change any Display Name for any reason or no reason.
3.3. Protection of Privacy and End-User information
The Registration Data You provide to ICYou is used for ICYou’s and the club in question’s internal purposes only. ICYou warrants that no personal information regarding You, including Registration Data will ever be sold or traded by ICYou to any other third party for marketing or other commercial purposes other than as follows from this Agreement. ICYou reserves the right to make certain information available in the case of required maintenance or software development, but all personal data will be treated confidentially.
You agree that ICYou may use your Registration Data or other personal information as obtained to operate and improve the Service or otherwise to protect its rights under this Agreement.
ICYou will not give your personal information to any third parties except to operate, improve and protect the Service, otherwise in connection with the Service (such as for purposes of support, billing and credit verification), to comply with applicable law or decisions/instructions from any government authority, as expressly follows from this Agreement, or as authorized by You.
Notwithstanding anything to the contrary above, ICYou may share aggregated and other general information (not including personal information) with third parties.
You acknowledge that Your Registration Data, as being part of the Service, may become accessible for other parties irrespective of ICYous efforts to keep such information confidential, due to users use of unauthorized software etc out of ICYous’ control. You therefore agree not to hold ICYou liable for any third party’s use of Your Registration Data following where such information has been obtained without ICYou’s approval.
4. GRANT OF LICENSE
ICYou grants You a nonexclusive, limited, fully revocable license to use the Service in accordance with and subject to the terms of this Agreement, during the time You are in full compliance with the Terms of Service.
5. FEES AND TERMS OF PAYMENT
5.1. Fees and Charges
The Use of the Service is free. You may at your own discretion sign up for one or more added value services which may or may not be subject to the due payment of a Start-up fee, a Monthly fee, and/or may further be subject to other fees or charges as determined by ICYou from time to time. You agree to all pricing, payment and billing policies applicable to such fees and charges. ICYou may add new services for additional fees or charges, or amend fees or charges for existing services, from time to time, in its sole discretion and as posted by ICYou on the Websites. If You at any time do not agree with the applicable fees or charges You may at any time terminate the Service by cancelling the Account in accordance with what is stated below.
You agree to pay all fees and charges incurred by the Account, including applicable taxes, in accordance with billing terms for access to the Service that are in effect at the time that the fee or charge becomes payable.
Your right to access to the Service is subject to any limits established by your credit card issuer, billing service, or other payment methods authorized by ICYou.
ICYou may, in its sole discretion, terminate your access to the Service and cancel the Account, if payment is not duly made, for any reason.
If You have provided ICYou with credit card details for the Account, You agree that ICYou can charge any unpaid fees to your credit card or debit them from your debit card, as applicable.
You agree to reimburse ICYou for all costs and expenses incurred by ICYou in collecting payment due hereunder.
5.3 Virtual Currency/Virtual Items.
You acknowledge that the Services may include a component of fictional credits or currency sometimes called “Supporter Tokens” (collectively, “Virtual Currency”) The Virtual Currency may be used exclusively within the Services to gain access to and certain limited rights to use virtual items for use exclusively within the Services (“Virtual Items”).Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any sum of money or monetary value from ICYou or any other person or entity at any time. Virtual Currency provided by ICYou includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency on and in the Services including in or for any games, applications or other services provided or offered on or through the Websites and/or Third Party Platforms, and you agree that you have no right, title or ownership in or to any such Virtual Currency.
YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND VIRTUAL ITEMS HAVE NO CASH VALUE AND THAT NEITHER ICYOU NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR VIRTUAL ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, VIRTUAL ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.
All purchases of Virtual Currency and Virtual Items are final and under no circumstances will be refundable, transferable or exchangeable.
You acknowledge that some Virtual Items such as but not limited to specific players may be removed from the game, for reasons such as but not limited to the player leaving the club which he represents or the club wishing to remove him from the Service, without any reimbursement to you.
ICYou has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Items as it sees fit in its sole discretion, and ICYOU shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Virtual Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when ICYou discontinues any or all of the Services, including without limitation any Services provided or offered through Third Party Platforms.
ICYou reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. ICYou further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Services (including any games, websites, applications or services provided or offered through the Service or through Third Party Platforms), entry into Promotions, and/or purchase of Virtual Items. While ICYou strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that ICYou’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to ICYou that such calculation was or is intentionally incorrect.
Virtual Currency Transfers/Transactions. Any unauthorized transferring, trading, selling or exchanging of any Virtual Currency, Virtual Items, or Accounts (“Unauthorized Transactions”) to anyone, including among other users of the Services is not sanctioned by ICYou and is strictly forbidden. All users who participate in such activities do so at their own risk and hereby agree to indemnify ICYou against any and all consequences resulting from such actions. You acknowledge that ICYou may stop, suspend, terminate, discontinue, or reverse any Unauthorized Transaction, regardless of when such Unauthorized Transaction occurred (or has yet to occur) when it suspects or has evidence of fraud, violations of the Terms, violations of any other applicable law or regulation, or any intentional act designed to interfere at all with the normal operation of the Services.
You further agree that ICYou may, in its sole discretion, reverse any transaction that is in its best interest, or may debit your balance of Virtual Currency, including without limitation, taking actions, which may cause your balance to be zero and/or a negative amount. ICYou may, in its sole discretion, terminate, suspend, or modify your Account if you engage or assist in any Unauthorized Transaction. Verification of certain information applicable to a transaction involving Virtual Currency and/or Virtual Items may be required prior to ICYou’s acceptance thereof. In addition, as a condition to receiving certain Virtual Currency, Virtual Items, or other awards for participating in Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in ICYou’s marketing materials, including on the Websites and in the Services. You acknowledge and agree that ICYou shall have no liability for the use or loss of such information, Virtual Currency and/or Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity. ICYou may replace such lost Virtual Currency and/or Virtual Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. General; Ownership of intellectual property
Any and all content pertaining to the Service (e.g., without limitation: text, graphics, logos, button icons, images, movie or audio clips, digital downloads, data compilations, software, accounts, themes, stories, concepts, music, sound effects, characters fictional or not, names, related documentation etc.), whether provided by You or not (“Content”), is the exclusive property of ICYou and/or the partners and customers of ICYou, and is, unless specifically stated otherwise, protected by copyright and other applicable laws and treaty provisions, and other intellectual property rights. All such rights are reserved.
You acknowledge that all Content, whether provided by ICYou or users of the Service, is owned by ICYou and may not be reproduced other than by downloading and viewing and/or printing a single hard copy, for private, non-commercial purposes only.
Nothing in this Agreement or on the Websites, shall be construed as granting You any rights or privileges of any kind with respect to any Content other than as expressly follows from the provisions of this Agreement.
6.2. Trademarks etc.
Any and all trademarks, logos and service marks shown on the Websites, unless otherwise specified, are trademarks owned by ICYou and/or the partners and customers of ICYou. No rights are granted to use any of them to You by this Agreement.
6.3. Your use of Content, and liability for use
You agree not to reproduce, transmit, make available, on a network or otherwise, any part of the Content, or use such Content in any other way than as expressly allowed under this Agreement. You accept full responsibility and liability for any use by You of any Content in violation of any copyright or any other intellectual property right.
6.4. Content created or submitted by You
As a user of the Service, You can, to a limited extent, create and/or submit Content for use into the Service in various forms. You agree that, subject to the terms and conditions of this Agreement, ICYou will retain any and all applicable copyright and other intellectual property rights with respect to any Content You create using the Service, or otherwise submit to the Service, to the longest extent permitted under applicable law.
By creating or submitting Content to the Service, You automatically grant, and You represent and warrant that You have the right to grant, to ICYou, a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, exclusive right and license to use, reproduce and distribute such Content in any way ICYou sees fit, including the right to delete or eliminate such Content, for any reason or no reason, without liability for any kind to You or to any other party, as well as any and all patent and other similar rights You may have pertaining to such Content.
You agree that ICYou can use all Your actions and submitted Content pertaining to the Service or in the Interactive City community, including material such as answering polls or writing comments, in any way ICYou see fit.
You agree that Your creation, submission, or use of any Content is not in any way based upon any expectation of compensation from ICYou, or any other person. You thus approve that ICYou may in any way use Content submitted by You, without compensation, for ICYou’s commercial use, without limitations.
You represent and warrant that Your submission of Content into the Service does not in any way constitute a violation of any copyright or any other intellectual property right, and You agree to fully indemnify ICYou for any damage directly or indirectly resulting from or relating to such submission.
6.5. Derivative works
You agree that ICYou has the exclusive right, and ICYou reserves such right, to make any derivative works based on any Content. You may not create any and all derivative works based on any Content without the express written permission of ICYou.
6.6. Disposition of Content
ICYou does not recognize any property claims outside of the Service, or the purported sale, gift, trade or other transaction of any Content outside the Service. Accordingly, You may not sell any Content, such as virtual items in Interactive City, in exchange for real money or exchange such Content outside of the Service.
7. POLICING, TRACEABLE ACTIONS AND COOKIE TECHNOLOGY
You acknowledge and agree that ICYou may monitor and record your interaction within the Service. Specifically, You acknowledge that Your actions when using the Service can be traced to Your Account, and thereby, to You.
Further, You agree that when using the Service, ICYou may monitor your computer’s random access memory and /or CPU process for unauthorized software of any type as defined by ICYou in its sole discretion.
You agree that ICYou has the right to obtain identification information about your computer and its operating system, without notice to you. You also agree that, in order to prevent or police “hacks” or “cheats” to gain advantage over other users of the Service, ICYou shall have the right to obtain certain information from your device and/or computer and its component parts, including your computer’s random access memory, video card, central processing unit, and storage devices.
ICYou uses “cookie” technology to enhance and facilitate Your experience in connection with the Service. You acknowledge that “cookie” files are sent to or from Your computer and identify You as a unique user and store Your personal preferences and technical information. For more information on cookies, please visit www.allaboutcookies.org.
8. RULES OF CONDUCT
8.1. General Rules of Conduct
The Service is made available to You by ICYou. You agree never to use the Service or the Account to:
- take any action to or in any way transmit Content that is harmful, threatening, abusive, defamatory, vulgar, obscene, libellous or hateful;
- take any action to or in any way transmit Content that contains unauthorized software, or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information such as viruses, trojan horses, worms, spyware, time bombs, cancelbots etc;
- take any action to or in any way transmit any unsolicited or unauthorized advertising or promotional materials, without limitation including such that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- in any way interfere with or disrupt the Service, or;
- attempt to gain access to any other user’s account or password;
You also agree to use the Service in full compliance of any applicable law in the country that You reside or where You are a citizen.
You agree that ICYou may take whatever steps it deems necessary to abridge or prevent behaviour of any sort on the Service in its sole discretion, with or without notice to You.
8.2. Community Rules of conduct
You agree to fully comply with the Community Rules of Conduct as posted from time to time on the Websites;
9. UNAUTHORIZED USE
ICYou has designed the Service to be provided to You only as offered by ICYou. You may not in any way use the Service in any other way, or than as expressly provided by this Agreement. Without limiting the foregoing, and for the avoidance of doubt, the following uses of the Software and the Service are specifically prohibited:
9.1. Unauthorized software etc.
You agree to use the Service only as provided by ICYou, without any unauthorized software or other means of access or use. Specifically, You agree not to host, provide services for, intercept, create, emulate, or provide any other software or means that provide access to or use of the Service in any way.
9.2. Decompilation, modification etc.
You agree not to modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Software or the Service in any way.
10. YOUR LIABILITY
You are, without limitations, fully responsible for any and all activities conducted through Your Account or under Your User Name. You agree to fully indemnify ICYou from any claim arising from breach of this Agreement by You, from Your use of the Service, from loss of Content due to Your actions, or from any infringement by You.
Specifically, and without limiting the foregoing, You agree to defend, fully indemnify and hold ICYou harmless from all damages, liabilities, claims and expenses, arising from any action or inaction by You in connection with;
- the deletion, alteration, transfer or other loss of Content, status or other data held in connection with Your Account; or
- any claims by any third parties relating to Your activity or Content in the Service
11. RELEASES, DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY, AND INEMNIFICATION.
11.1. NO WARRANTY – “AS IS”-CONDITION
THE SERVICE IS PROVIDED BY ICYOU STRICTLY ON AN “AS IS” BASIS, AND IS PROVIDED TO YOU AT YOUR OWN RISK. ICYOU HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND REGARDING THE SERVICE.
Without limiting the foregoing and for the avoidance of doubt, ICYou does not ensure any continuous, error-free, secure or virus-free operation of the Service, and You understand that You shall not be entitled to any refund for fees or charges based on ICYou’s failure to provide the Service, other than as explicitly provided in this Agreement.
11.2. GENERAL LIMITATION OF LIABILITY
You agree that ICYou cannot be held responsible or liable for anything that occurs or results from accessing, subscribing to, or otherwise using the Service
IN NO EVENT SHALL ICYOU BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING ITS MODIFICATION OR TERMINATION, OR THIS AGREEMENT. IN ADDITION, IN NO EVENT WILL ICYOU’S CUMULATIVE LIABILITY TO YOU FOR DAMAGES OF ANY KIND OR NATURE EXCEED FIFTY DOLLARS (U.S. $50.00).
ANY LIABILITY FOR ICYou TO You UNDER THIS AGREEMENT is expressly limited, to the furthest extent permitted under appliccable law. the contents of this provision shall in no way be limited by any other provision of this agreement.
11.3. Responsibility for loss of Data
Any and all data pertaining to the Service, including data provided by You, is the property of ICYou. Such property may be deleted, altered, moved or transferred at any time for any reason, in ICYous sole discretion.
YOU AGREE THAT ICYOU HAS THE RIGHT, BUT NOT ANY OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING CONTENT PROVIDED BY YOU) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. IN NO EVENT SHALL ICYOU BE HELD RESPONSIBLE FOR ANY LOSS OF DATA.
11.4. Release from Claims
ICYou does not control and is not responsible for any information You provide to any third parties. ICYou is not a party to Your agreement with any third party that provides software, products or services to You, or that you otherwise contact in connection with the Service. ICYou cannot be held responsible for any software used with or in connection with the Service other than the Software, provided by ICYou.
Further, ICYou cannot control whether minors gain access to the Service, and makes no representation that users are not minors and take no responsibility for any consequences of Minors using the Service.
You agree to release ICYou from any and all present and future claims of any kind and nature arising out of or in any way connected with the Service that You may have on any service provider or user of the Service.
12.1. Amendment of Agreement
ICYou may at any time in its sole discretion amend, modify, add to, supplement or delete any part of this Agreement, effective upon giving you notice of such amendment, e.g. by posting the amended Agreement at the Websites, or by communicating the changes electronically, or through any written contract method ICYou has established with You.
13. DURATION AND TERMINATION
13.1. Term and Duration
This Agreement will enter into effect when You start using the Service, and for an indefinite period thereafter, until terminated in accordance with what is stated below. You agree that certain parts of the Agreement will terminate subject to Your giving notice of cancellation of the Account, in accordance with what is stated below, without affecting parts of the Agreement not explicitly affected by such notice in any way.
ICYou agrees to provide the Service for the Account until such time as the Service is out of publication, by which means such date as when the Service is no longer provided for by ICYou, or as otherwise determined by ICYou in its sole discretion. Nothing in this Agreement shall be construed as an obligation for ICYou to provide the Service after the date when the Service is out of publication.
13.2. Your right of cancellation and termination
You are entitled to cancel the Account and thus stop subscribing to the Service at any time and for any reason, giving a notice of cancellation to ICYou, with effect from when ICYou receives such notice. Upon ICYou receiving such notice of cancellation, Your Account will be cancelled, Your license to use the Service will expire, ICYou will not be under any obligation to provide the Service to You, and You will not be held liable for any fees or charges pertaining to the Service for a period after such notice has been received.
You acknowledge and agree that all parts of the Agreement that do not concern ICYou’s obligation to provide You with the Service, or Your obligations regarding payment for the Service, will continue to be in effect even after cancellation of Your Account. Upon giving notice of cancellation of Your Account, you must immediately uninstall the Software, and are prohibited from using the Service. You agree and acknowledge that in case of such cancellation, You are not entitled to any refund for any amounts pre-paid on the Account prior to giving notice of cancellation.
In addition to your right of cancellation in accordance with the above, you may terminate this Agreement at any time for reason of Your personal bankruptcy, imprisonment or hospitalization for a period over three months, or any other equivalent reason as specified by applicable law or relevant court decision, giving no less than one (1) month written notice by registered mail with acknowledgement of receipt to ICYou on the following address [Kungsgatan 14, 541 30 Skövde, Sweden].
13.3. ICYou’s right of cancellation and termination
ICYou has the right, at any time for any reason, or no reason, to cancel, suspend or otherwise terminate Your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service with immediate effect, without notice or liability to You. In the event that ICYou suspends or terminates Your Account or this Agreement, You understand and agree that You shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with Your Account, or for anything else.
14.1. Force Majeure
ICYou shall not be liable for any delay or failure to perform, or for any consequences of any delay in performing any of its obligations under this Agreement if such delay is due to any cause whatsoever beyond its reasonable control.
14.2. Acknowledgement; No Employment
You acknowledge that Your use of the Service, including Your creation or submitting of Content in the Service, does not make You an employee of ICYou and that You do not expect to be, and will not be, compensated by ICYou for such activities or any other use of the Service.
ICYou may give notice to you by means of a general notice on the Websites, by e-mail to your e-mail address as provided for the Account, otherwise, electronically through the Interactive City community and using the Account, by written communication sent by mail or by courier to your address as provided for the Account.
All notices to ICYou under this Agreement, unless where otherwise stated, shall be given by fax to [+46 500 48 00 97] or by e-mail to [email@example.com].
14.4. Right of transfer of Agreement
ICYou shall have an unlimited right to transfer any and all of its present and/or future rights and/or obligations under this Agreement to any third party, by giving You a notice of such transfer.
Some jurisdictions do not allow parts of the foregoing provisions to their full extent, such as disclaimers of warranties or limitations of liability, so to the extent that any such provision is deemed null and void or otherwise unenforceable, such provision may not apply to You.
If any provision of this Agreement in full or in part should be deemed as unlawful, void, or for any other reason unenforceable, such provision shall wholly or partly be deemed as severable from this Agreement and shall not effect the validity and/or enforceability of any remaining provisions.
14.6. Prevailing Language
In case of any discrepancy between the English-language version of this Agreement and any translations thereof, the English-language version shall prevail and the Agreement shall be construed in accordance with the English-language version.
14.7. Applicable law and disputes
Any dispute or litigation arising out of or in connection with this Agreement shall be governed by the competent court and under the applicable law of the defendants’ country of residence. Thus, for the avoidance of doubt, any dispute arising from any claim made against ICYou shall be resolved under Swedish law, in the court of Skövde tingsrätt, Sweden, and any dispute arising under this Agreement where You act as defendant, shall accordingly be resolved by a competent court, and in accordance with the law of the country of Your residence.
No country’s choice of law principles shall be applicable on this Agreement.
In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
ICYOU Supporter Challenge Terms of Service Agreement updated [2013-04-18]