The below terms and conditions (the "Terms") apply to your use of the PUZZIBLE software application and other related products or services (collectively the "Services") offered by Puzzible ApS or its affiliates (collectively "Puzzible", "we" or "us"). By downloading, accessing and/or using the Services, you acknowledge that you have read and understood the Terms and agree to be legally bound by them.
1. ACCESS TO THE SERVICES
In order to use the Services, you are required to create a user account to which a user name and password is associated. Alternatively, you may login using your Facebook or Twitter account. Your login information should be kept confidential and should not be provided to others. You are responsible for any use of the Services taking place using your user account.
If you suspect that others may have obtained knowledge of your user name and password, or that your user account is being misused, you should immediately contact us.
2. USER INFORMATION AND PERSONAL DATA
In connection with your creation of a user account and your subsequent use of the Services, we will collect, use, disclose and store certain information, data, photos, messages or other contents you provide, or which may otherwise be derived from your use of the Services and which may include personally identifiable information. Our collection, use, disclosure and storage of information is described in more detail in our privacy and security policy which shall be considered an integral part of these Terms. The privacy and security policy is available at www.puzzible.com
By accessing and using the Services, you consent to the collection, use, disclosure and storage of information, data, photos, messages and other contents as described in our privacy and security policy. If you do not agree with the contents of the privacy and security policy, you should not access or use the Services.
You agree to verify on a regular basis that your user account information is correct and to keep it up to date.
You are solely responsible for ensuring that you do not disclose personally identifiable information about other persons in violation of applicable laws. To the extent required, you are responsible for by obtaining such persons' prior consent to your disclosure and our subsequent use of the information as set forth in the privacy and security policy.
3. RIGHTS RELATING TO THE SERVICES
You are granted a limited, nonexclusive, non-transferable, fully revocable right to access and use the Services only for the purpose for which they are intended and in accordance with these Terms. Except as specifically set forth in these Terms, all rights in, relating to, or arising out of the Services and all of its contents, including copyrights and other intellectual property rights, shall at all times remain the sole property of Puzzible or our licensors. The foregoing shall apply with respect to any subsequent updates or modifications of the Services, regardless of whether such update or modification may be based on information provided by you, and you specifically acknowledge that we may use any such information as we see fit without payment of any compensation to, or accreditation of, you.
Except to the extent specifically permitted by mandatory law, you are not allowed to sell, rent out, lease out, assign, sublicense, redistribute, reproduce, republish, frame, copy, reverse engineer, decompile, modify or creative derivate works of The Services, its contents or any related software.
4. YOUR USE OF THE SERVICES
You are allowed to use the Services for private purposes only and may accordingly not use the Services for commercial or other non-private purposes, except as specifically authorized by a separate written agreement with us. We may discretionarily determine whether a certain use is to be deemed non-private. Without limitation to the generality of the foregoing, using the Services for distributing advertisements or marketing materials shall always be considered commercial use.
The Services may not be used in a manner or for purposes that are unlawful, may offend others or violate their privacy rights, negatively affect the operation of the Services or any third party's use thereof, or compromise the security of the Services. You are solely responsible for ensuring that you do not infringe any third parties' rights by disclosing copyright protected contents or otherwise.
You agree to indemnify and hold us harmless from any losses, liabilities and expenses (including attorneys' fees) incurred as a consequence of your infringement of any third parties' rights or your unlawful or unauthorized use of the Services.
5. WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING AS TO QUALITY, PERFORMANCE, CORRECTNESS, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTIBILITY OR NON-INFRINGEMENT. ALTHOUGH WE STRIVE TOWARDS LIMITING TECHNICAL PROBLEMS AS FAR AS POSSIBLE, WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE ERROR-FREE, COMPLETELY SECURE OR OPERATE IN AN UNINTERRUPTED MANNER.
6. LIMITATION OF LIABILITY
You assume full responsibility for your own use of the Services and your only remedy in case the Services do not meet your expectations shall be to discontinue your use thereof. Puzzible specifically disclaims any and all liability for messages, photos or other contents provided by other users and/or our business partners.
Without limitation to the foregoing, Puzzible disclaims any liability for indirect, incidental, consequential, special, punitive or exemplary losses or damages, including without limitation loss of use, data, profits, business, goodwill or privacy, regardless of whether Puzzible has been advised of the possibility of such losses, and in no event shall our liability towards you in relation to your access to or use of the Services exceed DKK 1,000 in aggregate. The foregoing limitations shall apply to the widest extent permitted by applicable law.
7. MODIFICATIONS OF THE SERVICES
We may without prior notice update or modify the Services in any way we deem appropriate, temporarily or permanently discontinue the Services, or transfer the Services to a third party.
8. TERMINATION OF YOUR ACCESS TO THE SERVICES
We reserve the right at any time and without prior notice to terminate your access to the Services, if we in our discretion determine that you have not used the Services in accordance with these Terms, or for any other reason find that your access to the Services should be terminated.
9. GENERAL PROVISIONS
(a) Changes to these Terms. We reserve the right at any time and without notice to change these Terms.
(b) Severability. If any provision of these Terms is declared unenforceable for any reason, the remainder of these Terms shall continue in full force and effect, and the unenforceable provision shall be deemed replaced by such valid and enforceable provision as to the widest possible extent achieves the intended effect of the unenforceable provision.
(c) Assignment. Puzzible shall be entitled to freely assign its rights and obligations under these Terms to any third party.
(d) Governing law and venue. These Terms and your access to and use of the Services shall be subject to the laws of Denmark without regard to its choice of law principles. Any dispute arising out or of relating to these Terms or your use of the Services shall be settled exclusively by the City Court of Copenhagen as the court of first instance. Notwithstanding the foregoing, preliminary injunctions may be sought at any competent court.