Last updated 2017-07-14
1.1 By downloading and installing the Flarie software application (the “App”), by creating a profile or by otherwise using the App or website (together the “Service”) or accessing any content or material that is made available through the Service (the “Content”) you (“You” or the “User”) are entering into a binding contract with Flarie AB, incorporated under the laws of Sweden, Sjötäktsvägen 22, 791 93 Falun, Sweden (“Flarie” or the “Company”). 1.2 The App can be downloaded free of charge. In the App, you can participate in games and competitions (“Games and Competitions”). The Games and Competitions can be hosted by Flarie, Flarie partner companies (“Partners”) or other users of the App. 1.3 Additional terms and conditions may apply for specific Games and Competitions and will in such case be listed in the App. Playing the Games and Competitions will be considered as accepting the additional terms and conditions. 1.4 In order to use the App you must create a profile. When you’ve created a profile you can participate in Games and Competitions, receive messages from Flarie and its Partners, receive and use Flarie Coins, give feedback or create your own Games and Competitions.
2.1 Flarie is the controller of personal data for the processing of personal data that takes place under this agreement. 2.2 Flarie, or other party appointed by Flarie, will collect, store and use your personal data, such as name, address, e-mail address, phone number, in order to i) provide the Services to you, ii) distribute prizes, iii) publish winners Games and Competitions, iv) register purchases, v) evaluate and improve the Services, including asking you for your feedback, vi) through direct marketing provide information regarding the Services, Games and Competitions, as well as other information about or offers from the Company and its Partners vii) analyze user trends and movements, viii) administer the Services, and ix) conduct in-house statistics of users of the Services. 2.3 Flarie, or other party appointed by Flarie, processes and stores your personal data in accordance with, but not limited to, the Swedish Personal Data Act (Personuppgiftslagen SFS 1998:204). The Company, or other party appointed by the Company, will ensure that the submitted personal data is stored in a secure manner. 2.4 User records are regarded as confidential and will therefore not be divulged to any third party, other than Flarie’s Partners or, if legally required to do so, to the appropriate authorities. 2.5 By using the Services you agree that Flarie, or other party appointed by Flarie, i) Stores and uses the personal data which you hereby submit, in the way described by these Terms and Conditions ii) May transfer your personal data i) for User in within the EEA, to a country which is not a member of the EU or the EEA, ii) for User outside of the EEA, to a country which is within the EEA, and iii) Sends direct marketing to you by text messages, push notifications, in-app messages, e-mail, Twitter, Facebook or similar communication channels. You have always the right to refuse to receive content over e-mail or mobile pushes. 2.6 Flarie will not store your personal data longer than necessary for the purposes presented in these Terms and Conditions and Flarie will only collect personal data necessary to fulfill the purposes presented in these Terms and Conditions. 2.7 You have the right to, without any costs, once per calendar year, request information regarding your personal data (if any) that the Company has processed and you may also have any potential incorrect data corrected. If you wish to know more about how we process your personal data you can send a written and signed request to us via e-mail: firstname.lastname@example.org. Further contact information can be found on our website flarie.com.
3.1 To be allowed to participate in Games and Competitions you shall be at least 18 years old, or have your guardians approval. 3.2 Games and Competitions rules a) Games and Competitions with winner/winners: The user that gets the highest score in one try in the fastest time will, if nothing else is stipulated for the specific Games and Competitions, win. If more than one user ends up with the same score and time, the user that got the score first will win. b) Games and Competitions with loser/losers: The user that gets the lowest score in one try in the longest time (seconds) will, if nothing else is stipulated for the specific Games and Competitions, lose. If more than one user ends up with the same score and time, the user that got the score last will lose. c) Users with jailbroken phones or any other unauthorized applications, software or operating system that for example can manipulate the results in the Games and Competitions are not allowed to participate in Games and Competitions. d) If the Company is suspecting that the User is using a jailbroken phone or any other unauthorized applications, software or operating system that for example can manipulate the results, or if the User in any other way is manipulating the results, the Company reserves the right to issue warnings to the User and to disqualify the User from Games and Competitions. If the User does not stop manipulating the results, Flarie reserves the right to take further actions against the User. e) It is not allowed to participate in any Games and Competitions with more than one account, or to participate more times than what is stipulated for the specific Games and Competitions. If the Company is suspecting that the User is participating in Games and Competitions from several accounts or is participating more times than what is stipulated, the User may be disqualified. 3.3 The winner or loser of Games and Competitions will be published in the App at latest 7 days after the Game or Competition has expired. 3.4 Prizes connected to Games and Competitions, if any, will be stipulated in every specific Game and Competition. 3.5 The specific organizer of a Game and Competition (“Organizer”) is displayed in the App and is fully responsible for all text, images and prizes connected to the Games and Competitions it organizes. For the avoidance of doubt, Flarie is not responsible for any text, images or prizes for Games and Competitions which are not organized by Flarie. If you create your own Games and Competitions you shall take full responsibility for the content of and for anything related to your Games and Competitions. Flarie does not take any responsibility for Games and Competitions organized by Users. 3.6 For Games and Competitions organized by Flarie or its Partners any prize winners will be contacted directly within the App via the message feature, where the winner may be asked to provide their address in order to get the prize sent to them by post or e-mail. The organizer is not responsible for if the winner does not provide such address, does not use the prize within any validity periods, or for any problems that arise around the prize that is caused by third parties. Flarie is not responsible for any issues regarding prizes that is caused by third parties (e.g. the delivery service). 3.7 Flarie does not take responsibility for any additional costs that may be associated with prizes or incurred as a result of the prize. 3.8 Any taxes associated with winning a prize shall be borne by the winner. 3.9 Apple is not in any way responsible for any Game and Competitions.
4.1 General While the App is free to download and use, please note that the App offers entirely optional “in-app purchases” to buy a virtual currency to be used in the App (“Flarie Coins”) to enhance some elements of the App, such as but not limited to extra attempts in Games and Competitions. Purchases do not enhance the chance of winning. Important: You can easily manage the ability to make in-app purchases, adjust password protection settings, or disable in-app purchases entirely through your mobile device’s general settings. Instructions can be found here. 4.2 Flarie Coins Please note that Flarie Coins is a virtual currency and it cannot be exchanged for money, products or services. Selling, redeeming, trading or moving Flarie Coins from one account to another is not allowed. Flarie reserve the right to control, regulate, modify or remove any Flarie Coins without liability of compensation or refund to you. 4.3 Credit Card Information Flarie does not process any payments for in-app purchases, or have access to any of your credit card information. All transactions are handles by Apple via your personal email address associated with your Apple account. Receipts for these transactions are e-mailed to you by Apple after each purchase (please note that any post-purchase processes are controlled by Apple and are subject to change by them). 4.4 Third Party Sites Flarie Coins can only be obtained via playing the App, by in-app purchases or via Flarie’s Facebook page. Beware of any third party sites that sell or otherwise promise Flarie Coins in exchange for signing up on their website, etc. 4.5 Refunds As with most downloadable software products, items bought through the Flarie app are generally non-refundable. The transaction process is controlled by Apple and Apple have support teams who handle refund requests. If you wish to claim a refund, visit Apple support and select the "Apple-ID" then choose the option that fits you best. Apple Support. 4.6 Fraudulent Activity If you have never used the App, but suspect there have been fraudulent transactions activities on your Apple account, then you should immediately contact Apple, who control the transaction process. Visit Apple support and select the "Apple-ID", then choose the option that fits you best. Apple Support.
5.1 The App is provided on an "as is" basis. To the fullest extent permitted by law, the Company a) excludes all representations and warranties relating to the App and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the App; b) excludes all liability for damages arising out of or in connection with your use of the App. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your phone, software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages; c) excludes all guarantees as to the goods/services through the content offered by the App. The Company has no responsibility for the injuries that could occur when you take advantage of these goods/services. On each content it is clear who the sender is of the respective goods/services and thus responsible for the product / service terms, order and delivery. The Company has no liability to its Partner’s possible closure, bankruptcy or other circumstances affecting Partner's business; and d) excludes all liability for your interactions with other users. The Company does not monitor or review the content of other party’s messages or websites which are linked to from this app, and takes no responsibility towards such messages or links sent to you by other users or third parties when using the Services. You acknowledge, understand and agree that you may be exposed to messages and content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose and you agree that the Company shall not be liable for any damages you allege to incur as a result of such messages or content. To the maximum.extent permitted by applicable law, under no circumstances shall the Company be liable for any indirect, incidental, special or consequential damages asserting from the use of the Services.
6.1 Flarie reserves the right to delete any Content which can be seen as racist, sexual or offensive in any way, or if any other user has reported the content.
7.1 You can cancel your account anytime by sending an e-mail to: email@example.com. 7.2 The Company reserves the right to immediately terminate this agreement and/or block your access to the App in the event you do not comply with these Terms, acting contrary to law, regulation or practice or in the event that the Company shuts down all or part of total service. 7.3 No refunds shall be offered due to a cancellation/termination, where a service is deemed to have begun and is, for all intents and purposes, underway. 7.4 To prevent receiving further content from any advertisers you have declined in the app, the Company may store your personal information (e.g. phone number and/or e-mail) in the system even after the termination of this agreement. Your personal information will not be used for other purposes.
8.1 You acknowledge and agree that all Content is owned by Flarie and/or its Partners and licensors and protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights of Flarie and/or its Partners and licensors. Flarie and/or its Partners and licensors retain all right, title and interest in and to the Services. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Content on a stand-alone basis in any form or for any means. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit the Content in any way unless expressly permitted in these Terms and Conditions or by Flarie. You agree not to disassemble, decompile or reverse engineer any software or other component of the Services or the Content.
9.1 The Company shall not be liable to the users for any failure to perform any obligation under this agreement which is due to an event beyond the Company’s control such as terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality.
10.1 The Company reserves the right to change these Terms and Conditions from time to time as it seems fit. Every time these Terms and Conditions are updated the User will be asked to agree on the new terms and conditions in the App. Please do not use the app if you do not accept the new terms. Continued use of the app after the changes will be considered as accepting the terms.
11.1 The Company may assign these Terms and Conditions and its rights and obligations parties without restrictions.
12.1 In case single obligations of this agreement eventually being null and void, this does not affect the validity of the agreement as for the rest.
13.1 These terms shall be governed by Swedish law and all disputes arising out of the App or these terms and conditions shall be settled by the Swedish courts.
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