FLARIE GENERAL TERMS OF SERVICE FOR USERS (2021:1)
1.1 Unless otherwise agreed, these General Terms of Service (the “Terms”) will apply to your use of all services provided by Flarie AB, reg. no 556856-2747 (“Flarie”, “we”, “us” or “our”) including for example, but not limited to, our webpage "Flarie.com" , our game manager tool "Flarie Studio" and our mobile application "Flarie" (the “Services”, “Platform” or “App”).
1.2 In these Terms, users of the Platform are individually referred to as “User” or “you”. Flarie and you are collectively herein referred to as the “Parties”.
1.3 By registering an App User Account (as defined herein), you will gain access to and be able to play and consume content and/or material available in the App from time to time including, but not limited to, free-to-play games (“Games”), quizzes, videos, links and offers (collectively referred to as “Content”) subject to these Terms. By registering a Flarie Studio User Account (as defined below), you will be able to create and customize your own content (“User Content”) which you may share and distribute on the Platform as well as on other platforms or similar that do not belong to Flarie (as applicable) subject to these Terms. Thus, the services offered by Flarie consist of providing the Platform through which Users may (i) access and play or consume Content as well as User Content created by another User and (ii) create its own User Content via Flarie Studio (together the “Service”).
1.4 For the avoidance of doubt, Content available on the Platform is either created and published by Flarie or by any third-party associated with Flarie (“Flarie Partner”).
1.6 In addition to Section 1.5 above, the Terms will also apply to any and all User Content created by a User as well as to any and all Content created by a Flarie Partner through the use of our Service, regardless of whether distribution of such User Content or Content is carried out on the Platform or on another platform or similar that do not belong to Flarie such as, but not limited to, another mobile application, website, social media account, etc. You are hereby notified that in order to play or consume certain User Content or Content you may have to (i) accept Additional Terms stipulated by the creator of such User Content or Content (including Content created by Flarie) and (ii) consent to your personal data being processed subject to the privacy practices of for example a Flarie Partner.
1.7 These Terms constitutes the entire agreement between you and Flarie. Flarie reserves the right, in accordance with Section 14 below, to update and amend these Terms from time to time.
2. THE USE OF SERVICE
2.1.1 You are solely responsible to ensure that the use of the Service is in accordance with (i) its intended use, (ii) these Terms and any Additional Terms (if applicable) and (iii) Flarie’s instructions and guidelines as provided from time to time.
2.1.2 Flarie reserves the right to at any time, without prior notice, to modify and/or release subsequent versions of the platform software associated with the Platform (“Platform Software”). In order to ensure certain functionality, you may be required to use the most recent version of the Platform Software. Updated versions of the Platform Software will be made available in Flarie Studio. User is responsible for using the current version of the Platform Software as soon as such version is released by Flarie.
2.1.3 Separate terms may apply, in addition to these Terms, for certain Content as well as User Content made available on the Platform as well as on another platform or similar that do not belong to Flarie (“Additional Terms"). If such specific Additional Terms are provided by another User or a Flarie Partner, and should such terms be inconsistent with these Terms, these Terms will control. However, should such Additional Terms be provided by Flarie, and should such terms be inconsistent with these Terms, such Additional Terms provided by Flarie will control. By beginning to play or consume Content or User Content to which Addition Terms have been stipulated, you agree to be bound by such Additional Terms.
2.2.1 In order to use the Service in terms of accessing Content as well as User Content available in the App from time to time, you must download the App to your device and register for a personal user account (“App User Account”). Downloading of the App and registration of an App User Account is free of charge.
2.2.2 In order to use the Service in terms of accessing Flarie Studio and the various features available therein from time to time, you must register for a user account specifically designated for Flarie Studio (“Flarie Studio User Account”). Registration of a Flarie Studio User Account is free of charge.
2.2.3 In order to register for an App User Account as well as Flarie Studio User Account, you must at least be eighteen (18) years old, have legal capacity and accept these Terms. You accept these Terms in connection with the registration of your App User Account and Flarie Studio User Account respectively. In the event the User is a minor (i.e. under 18 years old or any other relevant age restriction in another jurisdiction where the User is a citizen) or otherwise under guardianship, the registration of an App User Account and/or a Flarie Studio User Account is subject to the User’s parent(s) or legal guardian(s) giving his/her/their approval thereto. In the event that the conditions in this Section 2.2.3 are not fulfilled, or if you do not accept these Terms, you may not use the Service.
2.2.4 User represents and warrants that the information provided to Flarie upon use of the Service and/or registration of an App User Account and/or a Flarie Studio User Account is accurate and truthful.
2.2.5 User undertakes not to disclose its username and password to its App User Account and/or Flarie Studio User Account to any unauthorized person and to ensure that any documents containing username or password information to the App User Account and/or Flarie Studio User Account are stored in such a manner that unauthorized persons cannot access them. User shall promptly notify Flarie if it suspects that unauthorized persons have accessed its App User Account and/or Flarie Studio User Account or if such persons know the User’s username(s) and/or password(s). The same applies to cases where the User in some way has made it possible for unauthorized persons to access usernames and/or passwords, e.g. by loss of memory note or similar. The notification is considered submitted to Flarie when the User has received confirmation of receipt of the notification.
2.2.6 Flarie will not be liable for any loss that you may incur as a result of any unauthorized persons using your App User Account or Flarie Studio User Account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password as a result of your negligence or breach of these Terms.
2.3.1 When accepting these Terms, and subject to the User’s compliance with these Terms and any Additional Terms (if applicable), Flarie hereby grants the User a limited, non-exclusive, revocable, non-transferrable license to use the Service as a User in accordance with these Terms and any Additional Terms (if applicable).
2.3.2 When accepting these Terms, and subject to the User’s compliance with these Terms and any Additional Terms (if applicable), you hereby grant other Users of the Service a limited, non-exclusive, non-transferrable license to use your User Content on or through the Platform as well as on another platform or similar that do not belong to Flarie as a User in accordance with these Terms and any Additional Terms (if applicable).
2.3.3 Except as expressly granted in these Terms or any Additional Terms, you shall have no other rights to the Service, the Platform, any Content or User Content including your own. All right, title and interest in and to the Service and the software used for providing the Service, the Platform, Content and User Content (excluding your submitted/uploaded content pursuant to Section 7.2 below, if any), not expressly granted, are reserved and retained by us, another User (where applicable), Flarie Partners or our other licensors and will remain the exclusive property of Flarie, another User (where applicable), Flarie Partners and/or our other licensors.
2.4 User Content and distribution
2.4.1 By using Flarie Studio in accordance with these Terms and any instructions provided by Flarie from time to time, the User may create and distribute User Content in accordance with the options available in Flarie Studio from time to time. User is aware that User may only use Flarie Studio at its own risk and Flarie is not required to provide support to Users in relation to the use of Flarie Studio.
2.4.2 You are solely responsible for User Content submitted by you on the Platform as well as on another platform or similar that do not belong to Flarie and the consequences of posting or publishing such User Content. Users shall have the sole responsibility toward each other and indemnify and hold Flarie, Flarie Partners and our other licensors harmless in the event of any claim between Users or third parties in relation to User Content submitted by Users on the Platform as well as on another platform or similar that do not belong to Flarie. In connection herewith, you hereby undertake to clarify that you are the creator of your User Content.
2.4.3 Should User distribute User Content on any other platform or similar (if applicable), the User undertakes at all times to abide by the rules of the relevant platform.
2.4.4 By creating and distributing User Content pursuant to this Section 2, you hereby grant us and our subcontractors (if applicable) a worldwide, perpetual, non-exclusive, royalty-free license to use, reproduce, modify, transfer, make available, copy, monitor, remove, delete, publish, create derivative works from, publicly display and/or edit the submitted materials, or parts of it, for the purpose of providing our Service. For the avoidance of doubt, Flarie hereby reserves the right to, at our sole discretion, and without having to obtain any form of consent from you, make any reasonable changes or modifications to the User Content that Flarie deems necessary.
2.4.5 Our Service may allow communication features, which will allow you to communicate with other Users. Such features may include a possibility to submit, upload, post, publish display or otherwise handle materials such as, but not limited to, text, message, comments, links and other information. Users use of such features must comply with any guidelines specified in these Terms and/or any Additional Terms (if applicable).
2.5 Specific representations and warranties
2.5.1 By submitting, creating and distributing any User Content using our Service, you hereby warrant that such action will not cause us to infringe the rights of any third party or to be in breach of any applicable laws or regulations. You hereby acknowledge and agree to compensate us and our licensors (if applicable) for any losses we suffer as a direct result of any breach by you of any of the warranties made by you according to this Section 2.
2.5.2 User is responsible for ensuring and acknowledges that User Content, for example (but not restricted to):
(i) is accurate, valid, complete and do not violate any applicable laws or regulations;
(ii) do not contain confidential or proprietary information, intellectual property, personal data relating to third parties (including an individual’s name or other information which identifies a living individual), unless such third party has given its express consent thereto, or trade secrets;
(iii) do not contain malicious code, such as viruses, time-bombs, cancel-bots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any website or app which promotes or teaches these actions;
(iv) must be ethically correct. It is therefore not permitted to create User Content that may be offensive or defamatory against ethnic groups and/or individuals including, but not limited to, pornographic messages, prostitution, drugs, etc.
2.5.2 Flarie reserves the right to, in its sole discretion, remove all or segments of your submitted User Content and any other related material (if applicable) that Flarie deems violates these Terms, applicable laws or regulations. Flarie shall inform the User in writing in the event Flarie exercises its rights under this Section 2.5.3. Removing of User Content etc. on the Platform does not entail the User of a refund of paid fees, if any.
2.5.4 User is solely responsible for ensuring that the terms in this Section 2.5 are not violated. Flarie has no obligation to take any action against the User in relation to any User Content created in Flarie Studio that violates these Terms.
3. FLARIE COINS
3.1 By playing Games and/or otherwise exploring Content as well as User Content in the App, you have the opportunity to win Flarie Coins which may be exchanged for e.g. products, coupons and services (“Offers”) available in the Flarie Store, provided by Flarie, Flarie Partners or any other third-party. The Flarie Store can be found within the App.
3.2 In addition to Section 3.1 above, you also have the opportunity to earn Flarie Coins when another User plays or consumes your User Content distributed on either the Platform or on another platform or similar that do not belong to Flarie.
3.3 Flarie reserves the right, in its sole discretion, and without prior written notice, to change the selection of Offers available in the Flarie Store as well as how many Flarie Coins that are required for a specific Offer.
3.4 Most Offers have an expiry date and we do not under any circumstances assume any responsibility to you in case you do not exploit a particular Offer by spending your Flarie Coins.
3.5 Flarie Coins is a virtual currency and cannot be exchanged for real money. Selling, redeeming, trading or moving Flarie Coins from one App User Account to another is not allowed. Flarie reserves the right, in its sole discretion, to control, modify or remove any Flarie Coins without prior notice or any liability to you.
3.6 Further, please note that Flarie Coins can only be obtained in the App and we urge you to be aware of any third-party sites that sell or otherwise promise Flarie Coins in exchange for money, signing up on their website, etc.
4.1 Content as well as User Content made available on the Platform and/or on another platform or similar that do not belong to Flarie may from time to time contain various challenges (“Challenges”) for which there may be one or several prizes that Users may compete for. Flarie is solely responsible for providing and delivering prizes for Challenges of which Flarie is the stated sponsor, meaning that Flarie has no obligation or responsibility to ensure that prizes that are sponsored and provided by another User or a Flarie Partner are distributed to a User.
4.2 Further information and conditions regarding prizes are set out in Section 5 below.
5. RULES AND CONCEPT
5.1 Compete against other Users – The User that gets the highest score in one try in the quickest amount of time in a challenge will, if nothing else is stipulated, win. If more than one User ends up with the same score and time, the User that got the score first wins.
5.2 Solo Mode – In Solo Mode the User will face one or more challenges. If completing a challenge, the User will get rewarded according to the Additional Terms that are stipulated for that specific challenge. If the User doesn’t complete any challenge, the User will not receive any reward.
5.3 Users with jailbroken or rooted devices or any other unauthorized applications, software or operating system that for example can manipulate the results in the relevant Content or Challenge etc. will not be able to win any prize or Flarie Coins.
5.4 If Flarie suspects that the User is using a jailbroken or rooted device 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, Flarie reserves the right to issue warnings to the User and to suspend the User from playing or consume Content on the Platform. If the User does not stop manipulating the results, Flarie reserves the right to take further actions against the User.
5.5 It is not allowed to have more than one user account (both with regard to the App and Flarie Studio), or to participate more times than what is stipulated in the applicable Content or Challenge. If Flarie suspects that the User is using several user accounts or is participating more times than what is stipulated, the User may be suspended from playing or consuming the applicable Content or Challenge.
5.6 Unless otherwise stated, winners will be contacted directly within the App. Winners may be asked to provide their address in order to receive the prize by either mail or e-mail. Flarie or Flarie Partners (where applicable) are not responsible if the winner does not provide such address, does not use the prize within any validity periods, or for any complications that arise around the prize that is caused by third parties (e.g. the delivery service).
5.7 When a User or a Flarie Partner is sponsoring a Challenge or certain Content or User Content, the User or the Flarie Partner is fully responsible for all text, images and prizes linked to such Challenge, Content or User Content.
5.8 Flarie will not be responsible for any additional costs that may be associated with prizes or incurred as a result of the prize.
5.9 Any taxes associated with winning a prize shall be borne by the winner.
5.10 Apple is not in any way a sponsor or responsible for any Content or User Content or any prizes offered through the Content or User Content.
6. RESTRICTIONS ON YOUR USE OF THE SERVICE
6.1 User hereby agrees not to, for example, but not limited to:
(i) copy the Service (or any part of them);
(ii) do anything which may disrupt, damage, or impair the Service (or any part thereof), or prevent others from using any part of the Service;
(iii) remove any copyright, trademark or other proprietary notices from any portion of the Service;
(iv) decompile, reverse engineer or disassemble the Service;
(v) link to, mirror or frame any portion of the Service;
(vi) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;
(vii) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks; or
(viii) use the Service in conflict with these Terms, any applicable law and/or legislation.
6.2 The User’s right to use the Service only permits the User to use it in a way that do not conflict with these Terms. If Flarie suspects that the User is using the Service or Content as well as User Content in a way that conflicts with these Terms, or in a way that Flarie considers as a non-normal use, Flarie may limit or terminate the User’s access to the Service with immediate effect in accordance with Section 12 below.
6.3 In case of breach of this Section 6, the User shall be obliged to pay to Flarie a compensation for all direct and indirect losses caused by the User.
7. INTELLECTUAL PROPERTY
7.1 Flarie owns any and all rights, including intellectual property rights whether registered or not, to the Service and the software used for providing the Service, the Platform, any Content (where applicable) and User Content (where applicable), and nothing in these Terms shall be interpreted as a transfer of such rights (or part of such rights) to any User. The User shall not during or any time after the expiry of these Terms (whether in whole or in respect to support only) in any way question or dispute such ownership by Flarie.
7.2 For the avoidance of doubt, Flarie claims no ownership or control over such content submitted and uploaded by a User through the upload features available in Flarie Studio, which can be used to incorporate such uploaded content into your User Content, regardless of whether such content has been changed or modified by Flarie in accordance with these Terms.
8. DATA PROTECTION
8.3 We are not responsible for the privacy practices of any Flarie Partner or any other third-party services, applications, websites or services that we link to or that are distributed via our Service. You should ensure that you read their privacy policies carefully before using or consuming any Content, User Content, applications, websites or services.
9. THIRD-PARTY LINKS
9.1 You acknowledge that we are not responsible for the accuracy of the information shown, displayed or otherwise made available by a third party, a Flarie Partner, another User or otherwise and that reliance on such material is expressly at your own risk. We accept no liability for direct or consequential loss arising as a result of the accuracy, timeliness, completeness or usefulness of information available on or through the Platform (including information available through Content).
9.2 The Service may contain links to third party websites which are not operated or controlled by us. You acknowledge and agree that we are not responsible for and do not endorse their content or its accuracy and such services may be subject to their own terms and conditions.
9.3 You acknowledge that any arrangement made between you and a Flarie Partner, other User or any third party named in the Service is at your sole risk and responsibility.
10. Indemnity; disclaimer
10.1 As a User of the Service, you are solely responsible to ensure that your use of the Service is in accordance with (i) its intended use, (ii) these Terms as well as any Additional Terms stipulated by either Flarie, another User or a Flarie Partner and (iii) our and/or any of Flarie Partners’ (if relating to such Flarie Partner’s own created Content) instructions and guidelines, as provided to you from time to time. You may only use the Service at your own risk. Flarie reserves the right to suspend a User’s access to the Platform in the event Flarie, acting reasonably, deems such User to be in breach of these Terms.
10.2 You agree to indemnify, defend, hold us, our directors, officers, employees, affiliates, agents, contractors, Flarie Partners and our other licensors (if applicable), harmless from and against all claims, losses, or demands of liability, including but not limited to reasonable attorney’s fees and costs in connection with any claim arising out of your use of the Service and/or your violation of these Terms.
10.3 Our intention is that the Service shall be available at all times and we strive to correct any errors and deficiencies without undue delay. By accepting these Terms, you confirm that Flarie does not guarantee that the Service (or parts of the Service) or access to the Platform will be provided without interruptions, disturbances, delays or other errors.
11. LIMITATION OF LIABILITY
11.1 The Service is provided “as is” without any warranties of any kind from Flarie, whether expressed or implied, as to the accessibility, quality, suitability, accuracy, etc. of the Service.
11.2 Flarie hereby disclaims, to the extent permitted by law, from liability for any direct and indirect damages suffered by the User or any third-party in connection with the use of or obstruction in the use of the Service, regardless of how the damage occurs and whether the damage is caused by negligence or breach of contract on our part.
11.3 Under no circumstances shall Flarie be held responsible for or be obligated to take any action in the event a User use cheats, mods and/or hacks, or any other third-party software products that may change the result of a Game or any Content as well as any User Content containing any type of Challenge or similar through which Users can win a prize. Notwithstanding the aforesaid, Flarie will use best efforts to prevent any of the above from happening.
11.4 Flarie does not monitor or review any form of communication exchanged between Users through applicable communication features available on the Platform from time to time. Hence, under no circumstances shall Flarie be held responsible for or be obligated to take any action in the event a User is exposed to, for example, but not limited to, racism, sexism, bullying or any other form of communication or action that may be considered as criminal, offensive or inappropriate.
11.5 We will not accept any liability for any loss or damage suffered as a result of events beyond our control, which events we reasonably could not have anticipated at the time this agreement was entered and whose consequences we could not reasonably have avoided or overcome.
12. TERM AND TERMINATION
12.1 Flarie reserves the right, in its sole discretion and without prior warning, to terminate your user account (both with regard to the App and Flarie Studio), terminate and/or limit your right to access and use the Service without liability for any damages in relation to you.
12.2 You can simply choose to stop using the Service at any time. You can also choose to cancel your user account (both with regard to the App and Flarie Studio) by following the instructions in the account settings in the App and Flarie Studio respectively. These Terms will apply until you cease to use the Service as a registered User via a user account to either the App or Flarie Studio.
12.3 In the event of termination of the Agreement, Sections 7 (Intellectual Property Rights) 8 (Data Protection), 11 (Limitation of Liability) and 16 (Governing Law and Dispute Resolution) shall continue to be valid in accordance with what is stated therein after termination of these Terms.
Flarie may use subcontractors for the performance of the Service and its obligations under these Terms and the User hereby accepts such use of subcontractors. Flarie shall however remain responsible for the performance of such subcontractors as for its own. The User may not assign or transfer the obligations under these Terms to a third party.
14. AMENDMENTS; CHANGES TO THE SERVICE
14.1 These Terms may be amended by us from time to time in our sole discretion. The latest version will always be available on the Platform and we therefore advise you to review the Platform periodically for any changes. A copy of the latest version of these Terms will be sent to you upon your request.
14.2 The amended Terms will be effective immediately upon posting on the Platform. However, we will notify you by message in the App User Account or by e-mail to the address provided upon registration to either your App User Account or Flarie Studio User Account thirty (30) days in advance of any material changes taking effect. Your continued use of the Service after amendment(s) of these Terms shall constitute an agreement by you to be bound by such amendment(s).
14.3 We may, at our sole discretion and at any time, alter, modify, correct, amend, and make all other changes to the Service, as well as to remove access to or terminate the Service, without prior notice or any liability to you.
If any part, term or provision of these Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission by us to enforce our rights under the Terms shall not be regarded as a waiver of such rights.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1 These Terms and all issues in connection with them or the use of our Service shall be governed by and construed in accordance with the substantive laws of Sweden, without respect to conflict of law principles.
16.2 Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or regarding our Service, shall be finally settled by the Swedish courts, with the Stockholm district court (Sw. Stockholms tingsrätt) as the court of first instance.