Terms and Conditions
You must accept the Terms before you use the Game. By accepting the Terms, you confirm that you have read, understood and agreed to the Terms. If you do not agree with the Terms, please do not use the Game.
By setting up a user account, you confirm that you are at least 13 years of age and, if you are under 18 years of age, that your parent or guardian has read and accepted the Terms and consents to your use of the Game.
The terms used in these Terms shall be defined as follows:
“Device” means the device you are using in order to access and use the Game.
“Game” means the app “Harveston”, accessible on App Store and/or Google Play.
“In-Game Products” means products, features and services available to users, such as, but not limited to buildings, upgrades, ingredients and virtual money within the Game to purchase other In-Game Products. In-Game Products may be free of charge or may require users to make a purchase within the Game.
“User Account” means a user account created or registered for use of the Game.
“User Content” means content and/or information uploaded in or to the Game by you, such as, but not limited to text, images or videos.
As an iOS-user, when you download the Game, We assign you a temporary ID for the set-up of your User Account. When you play the Game, your User Account will be connected to Apple’s Game Center. You can choose to disconnect your Game Center from you User Account. However, if you do that, note that your User Account is only connected to the specific device which the temporary ID was assigned to. Therefore, you will not be able to use the User Account on any other device.
If such possibility is offered by Us, you may create a User Account through your pre-existing Google or Facebook account, or any other pre-existing third-party account as we may choose to support. When you register the User Account, you will be asked to provide certain personal information. You acknowledge that the information you provide is accurate, up to date and complete and that you are responsible for any incorrect information.
If a User Account is created as set forth in the section above, you undertake to ensure that no one else than you can use your credentials. You may not disclose your password to any other person and shall ensure that any document setting out the username and password is stored in such a way that no unauthorized person has access to such information. You will immediately inform Us of any unauthorized access to your password or User Account. You are responsible for all activities and purchases made under your User Account, whether or not authorized by you.
Information on Our processing of personal data is set forth in the privacy notice.
Provision of the Game
We aim to provide the Game continuously and with stability. However, We may need to conduct maintenance affecting the Game and further, the Game may include material belonging to third parties. We are not responsible for any third party websites, services or content which might be included or linked to in the Game. Neither are we responsible for any acts, omissions and conduct of any users or other third parties in or through the Game.
You acknowledge that We, notwithstanding anything to the contrary within these Terms, may suspend or terminate your User Account and/or future access to the Game in whole or in part, temporarily or permanently:
- for maintenance, support, checkup or other operational or technical reasons,
- in order to update or upgrade the Game,
- to avoid infringement on third party intellectual property rights,
- if you or any other user violate the obligations or undertakings under these Terms or interrupt the normal operations of the Game,
- if suppliers or partners that We use for the provision of the Game no longer provide necessary services to Us, and
- for other reasons determined to be substantial by Us in Our sole reasonable discretion.
We also reserve the right to terminate your User Account if it has been inactive for 24 months. In that case, you have the right to register a new User Account.
Since the Game develops over time, We may change or discontinue all or any part of the Game at any time and without notice. In case of changes, suspensions or terminations of the Game, We will use reasonable efforts to notify you about such change, suspension or termination in advance. However, We are under no obligation to issue any such notifications. We shall not be required to provide refunds, benefits or other compensation in connection to such change, suspension or termination of the Game, or parts thereof.
Rights of use and restrictions
The Game is licensed, not sold or transferred, to you for use only in accordance with the Terms. Subject to your compliance with the Terms, RIAB grants to you a limited non-exclusive, non-transferable, non-sublicensable and fully revocable license to download and install a copy of the Game on your Device and to run such copy of the Game solely for your own personal, non-commercial purposes. We reserve all rights not expressly granted to you under these Terms. You may not under any circumstances:
- use or take part in use of the Game in breach of any applicable laws, other legal obligations or these Terms,
- modify, decompile, disassemble, or reverse engineer the Game in part or in whole, create derivative works based on the Game or use the Game for any purpose other than its intended purpose, as determined by Us in Our sole discretion,
- use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operations within the Game whether for you or for a third party,
- disrupt, interfere with or otherwise adversely affect the normal flow of the Game or act in a manner that may negatively affect other users’ experience when using the Game. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Game to gain unfair edge over other players and any other act that intentionally abuses or goes against the design of the Game,
- avoid, circumvent, or disable any security or digital rights management protocols or mechanism in the Game,
- disseminate or transmit viruses, worms, Trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program, or
- make available through the Game any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy or other right of any person or entity,
- attempt to circumvent any restriction in the Game imposed by Us.
- Intellectual Property Rights and User Content
Any and all content and/or parts of the Game including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content and intellectual property rights related thereto shall belong to and remain vested in Us. These Terms do not transfer any ownership in the Game or copyright or intellectual property rights therein to you. For the avoidance of doubt, this means that you have no rights to any content of the Game. This includes, but is not limited to, any content of any kind that you may have created or developed in the Game.
You undertake to respect the above stated and to not change or remove any copyright and/or other proprietary notices from the Game or content related to the Game or use the Game in any manner that infringes Our intellectual property rights.
By transmitting or submitting User Content, you warrant that the User Content does not infringe the intellectual property rights or privacy rights of any third party or defame any person. You are solely responsible for all your User Content. You confirm that any User Content is your own original work or that you own or have the necessary licenses, rights, consents, and permissions to use, upload and sub-license User Content in accordance with these Terms in or to the Game.
You hereby grant Us a royalty free, irrevocable, perpetual, worldwide, sublicenseable, and transferable right to copy, adapt, modify, use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Content in connection with the Game including, for the avoidance of doubt, making User Content available to other users of the Game or to promote or market the Game.
You acknowledge that We are not obliged to monitor the use of the Game or the User Content published by users. However, we may do so for the purposes of operating the Game and/or ensuring compliance with the Terms and applicable law. We reserve the rights to edit, refuse to post or remove any User Content from the Game if We, at Our sole discretion, consider it to be in violation of the Terms or may reflect badly on Us or the Game.
Public disclosure of User Content and user interactions
The Game, or other channels provided by Us, may include forums, blogs and chat features where you can post User Content (such as observations and comments on designated topics). We do not in any way guarantee that other members will not use the User Content that you share in the Game. Information that you want to keep confidential and/or do not want others to use, should therefore not be posted in the Game. RIAB shall have no responsibility to assess, use or compensate you for any ideas or information you may choose to submit.
You are solely responsible for your interactions with other users of the Game. If you have a dispute with one or more users of the Game, you release Us 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.
Your behavior and conduct
As the Game is a location-based multiplayer game, your use of the Game may affect other people, whether they are using the Game or not. You undertake to be aware of the environment in which you are, and to not (or encourage or enable others to):
- put your and/or other people’s safety at risk,
- treat other people, whether they are using the Game or not, disrespectfully,
- act inappropriately, threaten, make obscene statements or attack other people in any way,
- trespass, or by other means try to gain or gain access to any property or location where you do not have the right to be,
- cheat, in any form, in the Game, inter alia by using multiple Devices,
- take advantage of any glitch or bug in the Game, or
- breach the law when using the Game.
For the well-being of other users of the Game, you may not post or transmit any User Content which could (i) be considered abusive, illegal, indecent, obscene, offensive, or threatening in any way; (ii) encourage anyone to break the law; (iii) violate anyone’s copyright or other property right; (iv) interfere with the privacy of any other user; (v) contain a virus or any other harmful component; or (vi) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
We take no responsibility for your or any other user’s actions, inside or outside the Game, by reason of the Game.
We cannot guarantee the accuracy, integrity or quality of content published in the Game by users or other third parties. When using the Game, you acknowledge that you may be exposed to content that you may find offensive, indecent or otherwise objectionable. Under no circumstances will We be liable for any content, including, but not limited to errors or omissions, or due to loss or damage arising from the use of any content posted, emailed, transmitted or otherwise made available through the Game.
In-Game Products are provided to you under the same rights of use as the Game. In-Game Products may therefore only be used for your personal, non-commercial use within the Game. Furthermore, the acquisition of an In-Game Product, whether through a purchase or without payment, does not grant you the ownership of the In-Game Product as it is a license identical as the license of the Game.
You acknowledge and agree that In-Game Products, including virtual money, lack monetary value and never can be exchanged for real money, real goods or real services with Us or anyone else.
The features, capabilities, and/or specifications of In-Game Products may change at any time without notice. We furthermore reserve the right to temporarily or permanently increase or decrease the prices and/or availability of In-Game Products in any manner such as, but not limited to, having sales, having offers for a limited amount of time or only during certain hours or on certain geographical locations, bundling In-Game Products with each other, awarding users with In-Game Products as bonuses or limiting the amount of In-Game Products you may purchase.
We will, independently or through the payment processor acting on Our behalf, bill your credit card or use other payment method if you purchase an In-Game Product. You undertake to pay all fees and applicable taxes incurred by you or anyone using your User Account. Should your payment in any way be insufficient, We may delete the In-Game Product insufficiently purchased by you.
You acknowledge that all purchases of In-Game Products are final, and We do not refund a completed transaction. Therefore, you will not be compensated for lost In-Game Products if your User Account is terminated, whether by Us or by you for whatever reason. If you live in the European Union, you have certain rights to withdraw from online purchases. Note that when you purchase a license from us to use In-Game Products, you authorize us to start providing such In-Game Product to you immediately when the purchase is completed, and therefore, you lose your right to withdraw at this time. For these purposes, a “purchase” is completed when Our servers validate the purchase and the In-Game Product is credited to your User Account.
Disclaimer of warranty
The Game and all content therein are provided on an “as is” and “as available” basis without express or implied warranties of any kind. This includes, but is not limited to, warranties of title, freedom from malicious code, security or implied warranties of fitness for a particular purpose. You acknowledge that you use the Game at your sole risk and assume full responsibility for your actions and any costs associated with the Game. We do not guarantee that the Game will be (i) free of errors, viruses or bugs or other defects, (ii) that the Game or any information displayed or distributed through the Game will be accurate or complete, or (iii) that any defects in the Game will be corrected.
You assume all risk relating to your activities, communications and interactions in the Game, with other users of the Game and any other persons you communicate or interact with as a result of your use of the Game. You agree to agree to take appropriate safeguards in all interactions with other users of the Game, especially if you choose to meet offline or in person.
Limitation of liability And indemnity
The limitations included below are made to the maximum extent permitted by law. Nothing in this section, or otherwise in the Terms, shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of RIAB or for death or personal injury arising from any negligence or fraud of RIAB.
In no event shall RIAB, Our officers, directors, employees, agents, affiliates, and third party licensors or suppliers be liable for any incidental, special, exemplary, indirect or consequential damages whatsoever, including, without limitation, damages for unauthorized access to your property, loss of use, loss of data, loss of In-Game Products, loss of opportunity, or any other damages or losses arising out of or related to your use or inability to use the Game, however caused, regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if We have been advised of the possibility of such damages.
RIAB, Our officers, directors, employees, agents, affiliates, and third party licensors or suppliers shall in no event be liable for damages, losses, liabilities or claims (i) not caused by Our breach of the Terms, (ii) arising out of false or inaccurate information from You, (iii) resulting from a third party’s illegal or unauthorized access to or use of the Device or the Game, (iv) caused by Your breach of the Terms, (v) relating to technical failure or non-availability of the Game.
In no event shall Our total liability to you for all damages exceed the amount corresponding to the amount you have paid to Us in the 12 months immediately preceding the date on which you asserted the claim.
You agree to defend, indemnify and hold RIAB (and Our affiliates and their respective agents, directors, employees, information providers, licensors, licensees, officers and/or affiliates) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs), incurred by Us due to any claim arising out of your breach of these Terms. You may not in any event settle any matter without Our prior written consent and you acknowledge that We, at any time, may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you will cooperate as fully as reasonably required in the defense.
The Terms are effective until terminated by you or Us. You may terminate the Terms at any time by deleting the Game from your Device. We may terminate the Terms at any time if you breach the Terms, if your User Account has been inactive for 24 months or for any other reason explicitly set out in these Terms.
Upon termination of the Terms you shall immediately cease all use of the Game.
Changes to the Terms
We may modify the Terms at any time. If We do so, We will inform you of such modifications. It is important that you review the Terms whenever We modify them, because if you continue to use the Game after We have notified you of the modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not continue to use the Game. If We require some action from you (such as active acceptance) of modifications to the Terms, you may be unable to continue the use of the Game until you have taken such action.
These Terms, and any additional rules We may issue regarding the Game, constitute the entire agreement between Us and you regarding your use of the Game. These Terms may be updated or modified by Us from time to time. In such case, We will notify you about the change. By continuing to use the Game, you accept the amended Terms. If you do not agree with the modified Terms, you may not use the Game.
Any failure by Us to enforce these Terms or any part hereof shall not be considered a waiver of Our right to do so.
These Terms are governed by the laws of Sweden, without regard to choice or conflict of law principles. You agree that any claim or dispute you may have against Us must be settled exclusively by a court located in Stockholm, Sweden.
If you have questions regarding the Game or these Terms, or wish to report an error in the Game, please send an email to firstname.lastname@example.org.
Last updated: 26 October 2020