Ver. 1.0, 2013-01-22
504 38 Borås
These terms and conditions (”Agreement”) contains the terms by which you may use Nowigames’ music quiz application Mr. Quizter on Spotify (the ”Application”). By accessing and/or using the Application you signify that you have read, understood and agreed to these terms.
Nowigames reserves the right to amend this Agreement at any time without any prior notice. The latest version of the Agreement can be accessed at Nowigames’ webpage, www.mrquizter.com/terms.aspx. You are responsible for keeping yourself updated with the latest version at all times. By using the Application after such amendment you agree to be bound by the new terms and conditions. If you do not agree to the new terms and conditions you should not continue to use the Application.
Please contact us at email@example.com should you have any questions regarding this Agreement.
1. Facebook access
If you choose to connect the Application to your Facebook account by providing your Facebook username and password on the Application you agree that Nowigames may access your Facebook account information (such as for example your name, user name, profile picture, list of friends, gender, e-mail, and birthday) and use it for any functionality as provided from time to time on the Application. Nowigames may for example use your Facebook profile picture in high score lists, your e-mail for any correspondence regarding your use of the Application, to allow you to share quizzes etc. with your friends and make updates to your timeline.
You shall at all times keep your password secret and secure and promptly report to Nowigames any unauthorized access or other misuse of your account.
2. User content
You are solely responsible for all content, including but not limited to quizzes, questions, comments, images, pictures and other information, that you upload, provide to, publish, display, link to or create on or otherwise make available on the Application (“User Content”). Nowigames takes no responsibility and assumes no liability whatsoever for any such content. Nowigames is not responsible for any public display or misuse of your User Content.
You agree that you have all necessary rights (legal or contractual) for your use of your User Content on the Application, such as for example intellectual property rights (including but not limited to copyrights, trademarks and design rights) or trade secret rights and that you have all necessary rights to grant the license in clause 3.
You are not allowed to make available any User Content on the Application that is, or can be understood or perceived as being, offensive, defamatory, unlawful, sexist or racist.
Nowigames reserves the right to immediately and without prior notice remove and/or delete any User Content that in Nowigames’ sole discretion violates any term of this Agreement.
3. Private and public quizzes
When using the Application you may have the possibility to make public (“visible by friends/visible by all”) any of your quizzes that includes your User Content, which means that other users may access, use, share, link to and further distribute such public quizzes and User Content.
Please note that any quizzes you choose to indicate as “private” will not automatically be visible to other users in the Application, but can be accessed by third parties through its URL link and shared by you or anyone else by using its URL link. Nowigames do not restrict any access by any third party to such private quizzes.
4. Grant of license
You hereby grant, and you represent and warrant that you have the right to grant, to Nowigames a royalty free, worldwide, unlimited, perpetual, sub-licensable, transferable, non-exclusive and irrevocable license to use all your User Content (including public and private quizzes), in whole or in part, including the right to make changes to and derivative works of such User Content. You represent and warrant that any such use by Nowigames will not infringe any rights of any third party, including but not limited to intellectual property rights, trade secret rights and privacy rights.
5. Use of Nowigames’ material/content
When using the Application, e.g. when creating quizzes, you will be provided with certain content such as for example images and pictures. All such content, and all intellectual property rights thereto, are the exclusive property of Nowigames and/or its licensors. You agree not to distribute, copy, publish or in any other way use such content except as within the Application and allowed by the intended functionality of the Application.
You may not copy or otherwise imitate any featured quizzes or Nowigames’ official quizzes.
Nowigames reserves the right to immediately and without prior notice permanently or temporarily terminate, suspend, or otherwise refuse your access to the Application and/or delete your account without any liability if you breach any of the terms of this Agreement or in Nowigames’ opinion misuse the Application or for any other reason.
7. Deletion of quizzes and take down policy
Nowigames reserves the right to manage and delete any data, quizzes or User Content that you add to or create on the Application at its sole discretion without prior notice and without any liability.
If any third party reports any of your quizzes or other User Content, it is our policy to delete such quizzes or other User Content within 24 hours from our receipt of such a report, if in our opinion such quizzes or User Content is in contravention with any term of this Agreement or otherwise inappropriate.
You agree to indemnify and hold harmless Nowigames from any and all claims, damages, losses and liabilities caused by (i) your breach of any term of this Agreement, (ii) your violation of any third party rights, including but not limited to intellectual property rights, right of privacy and trade secret rights, and (iii) any claims or damages arising from your User Content.
9. Spotify’s Terms and Conditions
When using the Application you must at all times follow and abide Spotify’s terms and conditions as updated from time to time.
11. No warranty
The Application is provided “as is” and “as available” and Nowigames gives no warranties of any kind, e.g. no warranties of availability, merchantability, fitness for a particular purpose or non-infringement.
Nowigames may at its sole discretion modify, discontinue or terminate the Application and its functionality without liability and without any prior notice.
12. Limitation of liability
To the maximum extent permitted by law Nowigames shall not in any event be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from the use of the Application, including any damages arising from bugs on the Application or any viruses, trojan horses or similar that may be transmitted via the Application by any third party. Nowigames is not liable for any loss of any User Content.
Nowigames may freely assign this Agreement, and all rights and obligations herein, to any third party.
14. Governing law
This Agreement shall be governed by the substantive laws of Sweden, without reference to its conflict of laws principles. Any dispute, controversy or claim arising out of or in connection with this Agreement or the breach, termination or validity thereof shall be finally settled by a competent court in Sweden.