Terms of Service
TERMS OF SERVICE
These are the terms of service (the “Terms”) of WeAreQiiwi Interactive AB, with company number 556691-7547, with its registered office at Stora Torget 3E, 441 30, Alingsås, Sweden, (“Qiiwi”, “we” or “us”).
These Terms govern the legal relationship between Qiiwi and you (“User” or “you”) when you use any Qiiwi game such as Backpacker, Word Memories, Words in a Pic, Words in a Pic 2, WordMunch or other future games (each a “Game” and together the “Games”) whether accessed via web browser, social networking sites (for example, Facebook) or as apps via platforms (for example, Apple’s ‘App Store’, Google Play) (each a “Platform” and together the “Platforms”).
YOUR USE OF THE GAMES
When you can use our Games:
In order to obtain a right to play our Games and purchase virtual items (“Virtual Items”) you represent that;
– you own the device you are using to access and play each Game and, if you purchase Virtual Items, that you are legally entitled to make such purchases using the payment functionality that is provided in a Game.
– you are not located in a country that is subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; and you are not listed on any US Government list of prohibited or restricted parties.
– the information you provide to us is true and accurate and you will update such information when necessary.
– you have not previously been banned or blocked from using either any Game or any Platform.
– if you download any Game from a Platform you must have a valid account with a Platform (the “Platform Account”)
– you will not;
– copy, sublet, lease license, loan, lend, sell, trade or otherwise deal with or exploit the Games or any Virtual Items.
– use the Games or any Virtual Items for any illegal activities;
– use the Games or any Virtual Items to disseminate any information or materials that are obscene, violent, threatening, libelous, discriminatory or otherwise, in Qiiwi’s opinion, offensive;
– use the Games or any Virtual Items to disseminate any information or materials that would infringe, or might infringe, any intellectual property rights, including those of Qiiwi.
You need to be over a certain age to play our Games or use our services. The minimum age varies depending on your country of origin. For information about the minimum age in your country, see below.
16 years: France, Germany, Hungary, Lithuania, Luxemburg, Netherlands, Slovakia
15 years: Finland
14 years: Austria
13 years: All other countries
ACCEPTANCE OF THESE TERMS
If you have a Platform Account and download a Game from a Platform or if you participate in a Game via browser, site or any other platform you are deemed to accept and agree to these Terms. If you do not agree to these Terms, do not download, play and/or otherwise participate in a Game as it is prohibited without accepting the Terms You acknowledge that these Terms apply from the date on which you first download one of our Games, apply to your use of any of our Games and to all Virtual Items and form a legally binding contract between you and Qiiwi. Qiiwi is solely responsible to you for the Games and their content, not the Platform provider. Qiiwi may change these Terms at any time without notice. If you do not agree to the changes in the Terms, you must stop using the Games. Your continued use of the Games is deemed as indication of your acceptance of such changes in the Terms.
The Platform provider’s terms and conditions also apply to your use of the Games and your purchase of Virtual Items (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail to the extent the conflict relates to use of the Platform. In addition to the Platform Terms, further special terms and conditions also apply to your use of our Games, depending on how you access them. For example, if you access Games through Facebook using its “Facebook Connect” functionality, Facebook’s terms of service may apply. Also, from time to time we, or one of our business partners or another third party, may operate a competition or promotion that is subject to additional further terms. Each of these are “Special Terms”. If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.
GRANT OF A LICENSE
In consideration of your agreement to be bound by these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license permitting you to play our Games for your personal, non-commercial, entertainment purposes. You must not try to hack or otherwise try to gain unauthorized access to any Game or software. Qiiwi owns (or has a license to use) all rights, title and interest, including without limitation any intellectual property rights) in and to the Games (including all copyrights in the underlying software code and in the visual artwork and graphics as well as musical composition and audio-visual effects and all trade mark rights in the Games’ titles, but excluding any User Content). By using our Games under license you do not acquire any intellectual property rights in our Games.
Any data, text, graphics, photographs and other materials uploaded to or otherwise made available in the Games by you or other users (the “User Content”) is the sole responsibility of the person from whom such User Content originated. Qiiwi does not guarantee the accuracy, quality or integrity of any User Content posted via the Games. You agree that Qiiwi will not be liable for any User Content, including but not limited to errors in any User Content or any loss or damage incurred by use of the User Content.
You represent and warrant that the User Content you transmit or submit is original to you and that you exclusively own all rights, title and interest, including without limitation intellectual property rights, to such content, including the right to grant all rights and licenses in these Terms without Qiiwi incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
You hereby grant to Qiiwi a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up and royalty-free license (with the right to sublicense) to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit the User Content you transmit or submit and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content. The User Content is not confidential and will not be returned to the user.
Qiiwi reserves the right to, in its sole discretion, remove and/or permanently delete any User Content from the Games.
Virtual Items can be “purchased” or “earned” in our Games. There are two types of Virtual Items available:
“virtual currency” means currency that you cannot physically touch such as virtual coins, tickets, clues or other form of virtual currencies and that can be used within Games to purchase “virtual goods”; and
“virtual goods” means anything virtual which can be used by you within a Game to enhance your player experience and might include access to particular features, shortcuts, the use of a specific tool or equipment with special powers, enhancement of your game status or the ability to move up a level or to complete a Game more quickly.
PURCHASING OR EARNING VIRTUAL ITEMS
Qiiwi offers you the opportunity to either purchase Virtual Items within the Game for ‘real’ money, earn Virtual Items as part of Qiiwi’s or third parties’ promotional offers, competitions or actions or earn Virtual Items through participating in the Game itself.
LICENSE TO VIRTUAL ITEMS
Your use of Virtual Items is subject to the following license:
– Virtual Items are not redeemable or refundable. Once you have purchased Virtual Items you will not get the ‘real’ money you paid back as Virtual Items have no monetary value. Any virtual currency balance shown in your Platform Account does not constitute a real-world balance or reflect any stored value, but measures the extent of your limited license to use Virtual Items within the Games.
– Virtual Items are personal to you and non-transferable. This means that only you can use your Virtual Items and you cannot permit anyone else to use them whether via your Platform Account or otherwise. You cannot trade your Virtual Items in any way whether by selling them for real money to other players, exchanging them for other items or dealing or disposing of them in any other way (with the exception of any in-game Virtual Item auction/transfer function that Qiiwi may elect to offer)
– Your right to use Virtual Items ends as a result of the Platform provider having to suspend or close your Platform Account pursuant to these Terms
– Your right to use Virtual Items expires 5 year after date of purchase unless Qiiwi decides, in its sole discretion, to provide you with a refund or applicable law entitles you to a refund for any unused virtual currency.
The price payable by you for Virtual Items (the “Price”) is indicated within the applicable Game at the time you make your purchase. If you are resident in the European Union, the Price includes any applicable value added or similar sales tax. Qiiwi reserves the right to change the Price and specifications for any Virtual Items at any time for any reason.
Qiiwi uses reasonable efforts to ensure that errors and mistakes do not occur in the Games in relation to pricing and your purchase and use of the Games or Virtual Items. However;
– Qiiwi reserves the right to void any such obvious error or mistake however it arises or results including, for example, errors or mistakes due to human error or technical fault resulting in, for example, a virtual currency being mispriced giving you an opportunity to profiteer from such a mispricing. You will forfeit any Virtual Items you obtain as a result of such an error or mistake.
– If the price or specification published within a Game is materially incorrect when you place an order for those Virtual Items and you contact Qiiwi to inform us of this incorrect information, we will provide you with the correct Price or specification and ask you to confirm whether you would like to purchase the applicable Virtual Items at the correct Price or specification. If applicable, Qiiwi will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected Price or product specification, Qiiwi will provide you with a full refund for any amounts already paid by you.
AVAILABILITY OF VIRTUAL ITEMS
Qiiwi reserves the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from Qiiwi through the Game or as otherwise expressly authorized. Qiiwi reserves the right to refuse any request to purchase Virtual Items for any reason.
Qiiwi may cancel a payment and make a reimbursement to you, including any transaction fees incurred with Payment Providers (as defined below), if it has reason to believe any purchase is incomplete or any purchase is made, or Qiiwi suspects it is made, fraudulently or in an otherwise non-bona fide manner.
WAIVER OF WITHDRAWAL RIGHT
When purchasing Virtual Items, you agree that you have no right to withdraw from your purchase once the download of any Virtual Item is complete, due to the nature of these goods.
Payment methods accepted by Qiiwi are as per those payment methods provided by the relevant Platform provider, such as Apple, Google, Facebook or similar within the Game at the point of sale.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
WHAT IS NOT EXCLUDED OR LIMITED
None of the exclusions or limitations in these Terms shall exclude or restrict Qiiwi’s liability for death or personal injury caused by its negligence or for any fraudulent misrepresentation or for any other liability that cannot be excluded or limited under applicable mandatory law.
The express provisions of these Terms are in place of and hereby disclaim all warranties, conditions, terms, undertakings and obligations which but for these Terms would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
DISCLAIMER OF WARRANTIES
Qiiwi provides the Games and all Virtual Items to you on an ‘as is’ basis. Qiiwi does not warrant that access to any Game will be uninterrupted, reliable or fault free. Qiiwi does not warrant to you that any Game will be accurate, complete or reliable. While Qiiwi uses reasonable efforts to ensure the Games are available to you 24 hours a day, Qiiwi will not be liable to you if for any reason the Games are unavailable at any time or for any period. Access to the Games may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Qiiwi’s control. Qiiwi may also need to modify or maintain any of the Games at any time. If this need arises, Qiiwi may suspend access to the Games or any part of them or close them indefinitely. If the Game has been downloaded from a Platform, you and Qiiwi acknowledge that the Platform provider has no obligation whatsoever to provide you with any support or maintenance services in relation to the any of our Games. You acknowledge that Qiiwi and not the Platform provider is responsible for addressing any product liability claims, any failure to comply with regulatory or legal requirements, or claims relating to consumer protection or similar legislation.
EXCLUSIONS OF LIABILITY
Subject to paragraph “What is not Excluded or Limited” and the limitation of liability in paragraph “Limitation of Liability”, Qiiwi will be liable to you for any direct loss you suffer as a result of Qiiwi breaching its obligations under these Terms if such losses were reasonably foreseeable to both parties when you commenced playing any Game. Otherwise, to the extent permitted by law, Qiiwi excludes:
– Liability (whether arising in contract, tort or otherwise and whether or not due to its negligence) which Qiiwi may otherwise have to you as a result of any technical, factual, textual or typographical inaccuracies, errors or omissions (human or computer-generated) on or relating to the Games or any information provided in relation to the Games, the unavailability of any Games (or any part of them) or any misrepresentation on or relating to the Games.
– Any other liability for direct or indirect or consequential loss or damage incurred by you or anyone else in connection with the Games or in connection with the use, inability to use, or results of the use of the Games, any websites linked to it and any use of the Games or content on them, including any liability for loss of content or data, loss or damage caused by viruses, bugs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Games or the downloading or uploading of any content via the games, loss of goodwill, any loss incurred as a result of any legal claim or regulatory action arising from the activities of any player using the Games infringing third party intellectual property or breaching applicable law, any statements or conduct of any player of the Games or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
– Liability for any loss that you may incur as a result of someone else using your identity, log-in details, password or account, with or without your knowledge, including if a device used to activate your account is stolen.
– In the event of any loss or damage to content (including data), your sole remedy shall be for Qiiwi to use its reasonable efforts to restore the lost or damaged data or content from the latest backup maintained by Qiiwi.
LIMITATION OF LIABILITY
Notwithstanding any of the foregoing provisions and subject to paragraph “Payment Methods”, Qiiwi’s maximum liability to you in respect of your use of the Games shall be the amount of any fees paid by you to Qiiwi during the 3 month period preceding the date on which the act or omission causing the liability arose.
You agree that each of these exclusions, disclaimers and limitations is reasonable having regard to the nature of the Games. Each of the above exclusions, disclaimers or limitations shall be construed as a separate, and severable, provision of our contract with you.
THIRD PARTIES AND ADVERTISING
THIRD PARTY ADVERTISING
Qiiwi may generate revenue from your playing of the Games by advertising goods and/or services of third parties including serving ads that you might see and respond to when using the Games, by allowing Virtual Items to be endorsed by third parties and by offering you the chance to ‘earn’ Virtual Items for use within the Games if you respond to third party advertising in a pre-defined manner.
THIRD PARTY LINKS
Certain links including hypertext links, from the Games and from any social networking platform you are using, may take you outside the Games and any social networking platform from which the Games are accessed. This does not imply endorsement by Qiiwi of the linked site, its operator or its content. You acknowledge that Qiiwi does not control the content on such websites and does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies which it is your responsibility to review.
TERMINATION OR SUSPENSION OF YOUR ACCOUNT
Qiiwi may in its absolute discretion at any time with immediate effect and for any reason terminate or suspend your use of the Games (in which case we may share your name and email address and notify third parties, including Platform providers) or verify your information by requesting certain documents and refuse your requests to play the Games if we believe there is a reason to do so.
DEALINGS IN RIGHTS AND OBLIGATIONS
Qiiwi may assign its rights and/or transfer its obligations under these Terms to any third party including being able to sub-license and/or sub-contract its rights and obligations under these Terms to any third party.
If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.
These Terms shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply) other than Special Terms described in paragraph “Special Terms”. You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms.
You and Qiiwi acknowledge that if the Game was purchased through a Platform, such as the Apple AppStore, such Platform provider and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you to the extent permitted by applicable law.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with substantive Swedish law, unless another country’s law applies due to applicable mandatory consumer legislation. Any disputes arising out of or in connection with these Terms shall be settled by the Swedish courts, with the Alingsås District Court as the court of first instance. A consumer, however, may also have the right to file a claim in the court where he or she lives. Notwithstanding the foregoing, in case of a dispute, you also have the option to contact the National Board for Consumer Complaints.
COMPLAINT AND DISPUTES
Please contact us immediately using our contact details below if you have any questions, complaints, claims or concerns about content which appears in our Games, in relation to our Virtual Items or in relation to Qiiwi generally or believe that any act or omission by Qiiwi or one of our players is in breach of applicable law. Qiiwi will then consider your concerns and decide whether to take action and whether or not any other player has in Qiiwi’s opinion, breached any of these Terms. Qiiwi will endeavor to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that Platform providers have no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property of the Games. The right to complain of a defect in the Games or Virtual Items ends after three years.
OUR CONTACT DETAILS
If at any time you would like to contact Qiiwi about your views on these Terms please send an email to us at firstname.lastname@example.org.