1kg Mindball Game Headband and Multiplayer
1kg Mindball Game Headband and Multiplayer
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1kg Mindball Game Headband and Multiplayer
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The terms of this agreement (“Terms of Service”) govern the relationship between you and Interactive Productline IP AB and its affiliates (hereinafter “IP” or “Us” or “We”) regarding your use of IP’s games, websites and related services (all referred to as the “Service”). Use of the Service is also governed by IP’s Privacy Policy , which is incorporated herein by reference and found at https://mindballplay.com/privacy-policy.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED. IP reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the IP Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the IP Privacy Policy, or any other IP policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant IP policies, IP grants you a non-exclusive, non-transferable, non-sub licensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service:
During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify IP and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. IP reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights. The Service supports only one Account per game on a supported device.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree that you will not, under any circumstances:
IP reserves the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. IP reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
WITHOUT LIMITING ANY OTHER REMEDIES, IP MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO IP SERVICES OR PORTIONS THEREOF IF YOU ARE, OR IP SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND IP IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IP RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS. IP reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, IP shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a IP game client, and the IP game clients and server software and the IP physical products such as Mindball Game, Mindball Game Core, Mindball Game headband and Mindball Game Multiplayer) are owned by IP. IP reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF IP.
IP owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in IP games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any IP game, whether earned in a game or purchased from IP, or any other attributes associated with an Account or stored on the Service.
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through an IP game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by IP in accordance with its Privacy Policy. IP reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.
IP assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time IP chooses, in its sole discretion, to monitor the Service, IP nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. IP cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. IP shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. IP may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of IP violates these Terms of Service.
You hereby grant to IP an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to IP the right to authorize others to exercise any of the rights granted to IP under these Terms of Service. You further hereby grant to IP the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. IP does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. IP has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or IP games. IP reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with IP to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting IP access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, 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.
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sub licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in IP games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service, and not in any other way. IP may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. IP shall have no liability to you or any third party in the event that IP exercises any such rights. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to IP, another user or any third party. ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in IP games is a service provided by IP that commences immediately upon acceptance by IP of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. IP may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT IP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
You understand that the Service is an evolving one. IP may require that you accept updates to the Service and to IP’s games you have installed on your computer. You acknowledge and agree that IP may update the Service and IP games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play IP’s Games.
WITHOUT LIMITING IP’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. IP DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IP SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IP SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO IP IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO IP DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND IP’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH IP IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that IP may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of IP’s liability shall be the minimum permitted under such applicable law. You agree to indemnify, defend and hold IP harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
If a dispute arises between you and IP, we strongly encourage you to first contact us directly to seek a resolution by contacting us at info@mindballplay.com You agree that all disputes between you and IP shall be governed by the laws of Sweden, without regard to conflict of law provisions. You agree that any claim or dispute you may have against IP must be resolved exclusively by a court located in Stockholm, Sweden.
You and IP agree that if any portion of these Terms of Service or of the IP Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
IP may assign or delegate these Terms of Service and/or the IP Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without IP’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
IP may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein, including the IP Privacy Policy, contain the entire understanding of you and IP, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
The failure of IP to require or enforce strict performance by you of any provision of these Terms of Service or the IP Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of IP’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by IP of any provision, condition, or requirement of these Terms of Service or the IP Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by IP shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of IP.
We may notify you via postings on www.mindballplay.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the IP Privacy Policy shall be in writing and addressed to: Interactive Productline IP AB, Järnvägsgatan 36, 131 54 Nacka, Sweden. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You acknowledge that the rights granted and obligations made under these Terms of Service to IP are of a unique and irreplaceable nature, the loss of which shall irreparably harm IP and which cannot be replaced by monetary damages alone so that IP shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any IP game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
IP shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of IP, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond IP’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Before using the Products you must agree to these Terms of Service and the Privacy Policy. By using the products, you represent that you are age 18 or older and you understand and agree to these Terms of Service. BY USING THE PRODUCTS, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OR OTHERWISE ACCESS THE PRODUCTS. IP reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service at any time by posting the amended terms on the IP Service. You will be deemed to have accepted such changes by continuing to use the Products.
WITHOUT LIMITING IP’S LIABILITY UNDER SECTION 7 BELOW, THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
IP SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE PRODUCTS THEMSELVES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IP SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO IP IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that IP may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of IP’s liability shall be the minimum permitted under such applicable law. You agree to indemnify, defend and hold IP harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Products, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
IP owns the exclusive rights in the concepts, designs, patents, trademarks, trade names, company names, and any other related intellectual property rights (hereinafter referred to as the “Intellectual Property”) used in connection with the Products but for the Muse headband and hard case, which intellectual property belong to InteraXon Ltd. and the BrainLink headband, which intellectual property belongs to Macrotellect Ltd. IP grants no rights to any of the Intellectual Property. You shall, in no manner, and under no circumstances, present, display or otherwise represent the Products as if you have any interest in the Intellectual Property thereto. In addition, you shall not register any part of the Intellectual Property in any country as if the Intellectual Property were yours. You understand that its unauthorised use or registration of the Intellectual Property, or of any intellectual property that is confusingly or deceptively similar to the Intellectual Property, will be deemed an infringement on the IP’s or InteraXon’s exclusive Intellectual Property rights.
If a dispute arises between you and IP, we strongly encourage you to first contact us directly to seek a resolution by contacting us at info@mindball.se You agree that all disputes between you and IP shall be governed by the laws of Sweden, without regard to conflict of law provisions. You agree that any claim or dispute you may have against IP must be resolved exclusively by a court located in Stockholm, Sweden.
You and IP agree that if any portion of these Terms of Service or of the IP Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
IP may assign or delegate these Terms of Service and/or the IP Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without IP’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
IP may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein, including the IP Privacy Policy, contain the entire understanding of you and IP, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
The failure of IP to require or enforce strict performance by you of any provision of these Terms of Service or the IP Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of IP’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by IP of any provision, condition, or requirement of these Terms of Service or the IP Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by IP shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of IP.
We may notify you via postings on www.mindballplay.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the IP Privacy Policy shall be in writing and addressed to: Interactive Productline IP AB, Järnvägsgatan 36, 131 54 Nacka, Sweden. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You acknowledge that the rights granted and obligations made under these Terms of Service to IP are of a unique and irreplaceable nature, the loss of which shall irreparably harm IP and which cannot be replaced by monetary damages alone so that IP shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any IP game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
IP shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of IP, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond IP’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Your privacy is important to us. Interactive Productline IP AB and its affiliates (“IP”, “us”, “our” or “we”) are dedicated to protecting the privacy rights of our users (“users” or “you”). This Privacy Policy (the “Policy”) describes the ways we collect, store, use, and manage the information, including personal information, that you provide or we collect in connection with our website www.mindballplay.com (the “Site”) or any IP game provided on a mobile platform (for example, iOS and Android) (collectively, the “Service”).
IP is not responsible for the actions of third party people or companies, the content of their sites, the use of information you provide to them, or any products or services they may offer. Any link to those sites does not constitute our sponsorship of, or affiliation with, those people or companies. By using the Service, you are expressing your agreement to this Policy and the processing of your data, including your personal information, in the manner provided in this Policy. If you do not agree to these terms, please do not use the Service. If you have questions or concerns about our privacy policy or practices, please contact us at legal@mindballplay.com.
IP collects information as described below. IP’s primary goals in collecting and using information is to create your account, provide Services to you, improve our Service, contact you, conduct research and create reports for internal use. We may store information on servers and equipment located in any country in the world.
While you are browsing IP’s Sites, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may use this information to monitor, develop and analyze your use of the Service. In addition, we may ask you to submit and we may process data that is personal to you, including but not limited to your name, profile photo, gender, age or birthday, links to your profiles on social networking websites and other third party sites, user names and e-mail and mail addresses. We may use this information to create a user profile and provide you services. We may use your email address to contact you about your experience with IP Sites and notify you about company news and promotions. Your gender and birthday may be used to analyze user trends and target certain promotions. Your mail address may be used if we have merchandise or other physical promotional materials that we want to send to you. If you no longer wish to receive these types of promotional materials, you may opt-out from receiving them at any time by emailing us at legal@mindballplay.com.
Our Web site may offer publicly accessible blogs, private messages, or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at legal@mindballplay.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you choose to use Facebook connect to use our blog or community forums, the information you provide is tied to your Facebook account. You will need to contact Facebook directly in order to request removal of personal information from our blog or community forum.
Our Web site may include Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.
When you use any of the IP games or applications on a mobile platform, we may collect and record certain information such as your unique device ID (persistent / non-persistent), hardware type, media access control (“MAC”) address, international mobile equipment identity (“IMEI”), the version of your operating system (“OS”), your device name, your email address (if you have connected to Facebook or Google+), and your location (based on your Internet Protocol (“IP”) address). This information is useful to us for troubleshooting and helps us understand usage trends. We may collect your location-based information for the purpose of providing you with the correct version of the application and so you may interact with other users of the game. We will not share this information with any third party without your permission. If you no longer wish to allow us to track or use this information, you may turn it off at the device level. Please note, the application may not work properly if we are unable to tell where you are coming from (Country specific). In addition, we create a unique user ID to track your use of our Service. This unique user ID is stored in connection with your profile information to track the IP games you are playing.
You may be able to log in to our site using sign-in services (“SN Service”) such as Facebook Connect, LinkedIn, Apple’s Game Center, or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name, email address, and resume to pre-populate our sign-up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network. We may collect and record information through the SN Service in accordance with the policies and terms of that SN Service. The information we collect when you connect your user account to an SN Service may include: (1) your name, (2) your SN Service user identification number and/or user name, (3) locale, city, state and country, (4) sex, (5) birth date, (6) email address, (7) profile picture or its URL, and (8) the SN Service user identification numbers for your friends that are also connected to IP’s game(s). If you want us to delete the data we receive from Facebook, Game Center or Google+ about you, please contact us at legal@mindballplay.com.
IP may offer you the opportunity to invite your contacts from a SN Service (such as your Facebook friends) so that those contacts can be located in IP games and/or you can invite them to join you in IP games. Such contact information will be used only for the purpose of sending communications to the addressee. You or the third party may contact us at legal@mindballplay.com to request the removal of this information from our database to the extent IP stores any of this information.
We may collect your email address when you contact our customer service group and we may use that email address to contact you about your gaming experience with IP games and notify you about company news and promotions. If you no longer wish to receive certain email notifications, you may opt-out at any time by following the unsubscribe link located at the bottom of each communication or by emailing us at legal@mindballplay.com.
We may occasionally send you push notifications through our mobile applications to send you game updates, high scores and other service related notifications that may be of importance to you. You may at any time opt-out from receiving these types of communications by turning them off at the device level through your settings.
Whenever you play our games, we collect data about all of your interactions with the game and with the other players inside the game via server log files. This information may be associated with your player ID, IP address or device ID for the purpose of providing you our Services and improving them. With your permission, we will also collect your exact location so that we are able to match you with other players in your area.
We may also acquire information from you through (1) your access and participation in message boards on the Service, (2) your participation in surveys regarding the Service or (3) your participation in a sweepstakes or contest through the Service. We may provide you the opportunity to participate in a sweepstakes or contest through our Service. If you participate, we will request certain personal information from you. Participation in these sweepstakes and contests are voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). We use this information to notify winners and award prizes, to monitor traffic or personalize the Service. We may use a third-party service provider to conduct these sweepstakes or contests; that company is prohibited from using your users’ personal information for any other purpose.
We and our marketing and outsourcing partners, affiliates, or analytics service providers use technologies such as cookies, beacons, scripts, and tags to identify a user’s computer/device and to “remember” things about your visit, such as your preferences or a user name and password. Information contained in a cookie may be linked to your personal information, such as your user ID, for purposes such as improving the quality of our Services, tailoring recommendations to your interests, and making the Service easier to use. You can disable cookies at any time, although you may not be able to access or use features of the Service. We may feature advertisements served by third parties that deliver cookies to your computer/device so the content you access and advertisements you see can be tracked. Since the third-party advertising companies associate your computer/device with a number, they will be able to recognize your computer/device each time they send you an advertisement. These advertisers may use information about your visits to our Service and third-party sites and applications in order to measure advertisement performance and to provide advertisements about goods and services of interest to you. This Policy does not apply to, and we are not responsible for the data collection practices of these third-party advertisers, and we encourage you to check their privacy policies to learn more about their use of cookies and other technology.
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personal information you submit within the mobile application.
Our services may contain third party tracking tools from our service providers, examples of which include Google Analytics and Mobile App Tracking by Tune. Such third parties may use cookies, APIs, and SDKs in our services to enable them to collect and analyze user information on our behalf. The third parties may have access to information such as your device identifier, MAC address, IMEI, locale (specific location where a given language is spoken), geo-location information, and IP address for the purpose of providing their services under their respective privacy policies. Our privacy policy does not cover the use of tracking tools from third parties. We do not have access or control over these third parties. Please refer to our list of analytics partners within the Services and for more information on how to opt out at: http://www.IP.com/partner-opt-out
We may feature advertising within our Service. The advertisers may collect and use information about you, such as your Service session activity, device identifier, MAC address, IMEI, geo-location information and IP address. They may use this information to provide advertisements of interest to you. Please refer to our list of partners within the Services and for more information on how to opt out at: http://www.IP.net/partner-opt-out. In addition, you may see our games advertised in other services. After clicking on one of these advertisements and installing our game, you will become a user of our Service. In order to verify the installs, a device identifier may be shared with the advertiser.
We use information collected through our Service for purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your information to:
IP does not share your personal information except as approved by you or as described below:
We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
IP takes reasonable measures to protect your information from unauthorized access or against loss, misuse or alteration by third parties. Although we make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, we cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
If your personal information changes, or if you no longer desire our service, you may correct, update, or delete inaccuracies by making the change within your account settings or by contacting us legal@mindballplay.com. We will respond to your access request within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at legal@mindballplay.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use our Service. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 should provide any personal information. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at legal@mindballplay.com.
You may opt-out of receiving promotional emails from us by following the instructions in those emails by emailing us at legal@mindballplay.com. If you opt-out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also opt-out of receiving SMS notifications from us, either via SMS or by emailing us at legal@mindballplay.com.
We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that these countries and jurisdictions may not have the same data protection laws as your own jurisdiction, and we take steps to ensure adequate safeguards are in place to enable transfer of information to the U.S. and elsewhere and the use and disclosure of information about you, including personal information, as described in this Policy.
Interactive Productline IP AB, Järnvägsgatan 36, 131 54 Nacka, Sweden. If you have any questions about this Policy, please contact us at legal@mindballplay.com