BEFORE ENTERING AND USING THE WEBSITE, PLEASE READ THIS AGREEMENT CAREFULLY. PLEASE NOTE THAT BY ENTERING THE AVALANCHE WEBSITE YOU AGREE TO ABIDE BY THESE TERMS OF USE AND A LEGALLY BINDING AGREEMENT IS CREATED BETWEEN AVALANCHE AND YOU. IF YOU ARE A USER BASED IN THE UNITED STATES CERTAIN PROVISIONS OF THE AGREEMENT SPECIFICALLY APPLIES TO YOU, FOR EXAMPLE SECTIONS 21 AND 22, UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING CLASS ACTIONS CLAIMS. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE. AVALANCHE RESERVES THE RIGHT TO TEMPORARILY OR PERMANENTLY DISABLE ACCESS TO THE WEBSITE FOR ANYONE WHO VIOLATES THESE TERMS OF USE. AVALANCHE MAY DISABLE ACCESS TO THE WEBSITE AT ITS DISCRETION AND MAY DO SO WITHOUT NOTICE.
1. Acceptance
This document (“Terms of Use”) is a legal agreement between you (“you” or “the user”) and Fatalist Development AB trading as Avalanche Studios, a Swedish corporation, with registered and business offices at Västgötagan 5, 118 27 Stockholm, Sweden (“Avalanche”) and governs your use of the “Website” (defined below).
PLEASE NOTE THAT BY ENTERING THE WEBSITE YOU AGREE TO ABIDE THE TERMS AND BE BOUND BY THE TERMS OF THESE TERMS OF USE. AVALANCHE OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE WEBSITE AND PERMITS YOU TO USE THE WEBSITE ONLY IN ACCORDANCE WITH THESE TERMS. YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.
2. The Website and Purpose
The Website contains certain information about Avalanche Studios, its games etc. and the purpose of the website is to provide you with corporate information, information and news regarding our games and productions access to web shops, job opening etc. The Website may provide you with information about Avalanche’s or a third party’s products or services, including promotions, advertisements, product placements or marketing materials within the Website. You acknowledge that Avalanche does not endorse any of the products or services advertised, promoted or marketed by third parties.
3. Access to the Website
To access and use the Website you must be 13 years or older. This Website and services herein are not intended for children under the age of 13. Children under the age of 13 may not access and use the website. If you are at last 13 years old but under 18 years of age you need parental consent to enter into the website.
4. Privacy Policy
For information regarding how we handle the information you transmit to us through the Website please visit our Privacy Policy. Please note that your use of the Website constitutes your acceptance of the Privacy Policy.
5. Changes
Avalanche reserves the right to add, modify, or delete Websites, products and services offered and any information on the Websites at any time. Avalanche makes no representation or warranty as to the completeness or accuracy of the information on the Website nor does it represent or warrant that the Website and its services will be available at all times or at any time. The information contained in the Website may be incomplete, may contain errors, or become out of date at any time. Avalanche makes no commitment and expressly disclaims any duty to update any of the content in the Website. The Website is provided on an “as is” basis without any express warranties.
6. Payment
You agree to fully pay for all products and services ordered on the Website. You are responsible for providing Avalanche with valid credit card information to secure payment. Avalanche reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment Website providers.
7. Payment terms
When you purchase any product or service on the Website you authorize Avalanche to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those Avalanche is not required to collect) and for all hardware, software, Internet Website and other costs you incur to access the Website. Avalanche reserves the right to change the fees and availability of any products and services at any time without notice; provided, however, such price change will not affect your purchase price for orders that Avalanche has already actually received from you and processed. You are responsible for reviewing the Website for changes in the fees or payment terms.
8. Delivery of products and services
Avalanche provides the Website on an “as is” basis. Avalanche shall endeavor to deliver products and services that you have ordered to you within a reasonable amount of time. However, technical problems may delay or prevent delivery and except as set forth in the next sentence, Avalanche shall have no liability to you with respect to delays or delivery problems. Your sole remedy with respect to a purchased product or service that is not delivered within a reasonable amount of time after ordering is to either receive a replacement of such product or service, or a refund of the purchase price paid for such product or service, as determined by Avalanche in its sole discretion.
9. Restrictions of use
You agree to abide by all applicable laws and regulations in using the Website. You expressly agree that you shall not: (a) use the Website for any illegal purpose; (b) use the Website in any manner which violates the rights of a third party, including, without limitation, intellectual property rights; or (c) use the Website in any manner that breaches the terms and conditions of the Terms of Use.
10. Prohibited use
Your continued access to the Website and right to use the Website is subject to proper conduct. Without limiting Avalanche’s rights to control the Website’s environment, and the conduct of the users within that environment, Avalanche prohibits the following practices that Avalanche has determined detract from the overall user experience: any action that imposes an unreasonable or disproportionately large load on the System; use of your own or third-party software to modify any content appearing within the Website, its environment or change how the Websites are used; use of the Website or any information accessible through the System, to bypass any System login architecture or create or provide any other means through which any System may be accessed and/or the Websites may be used by others.
11. Links to other websites
The Website may contain links to other websites. Avalanche does not review or evaluate all of the websites linked to in the Website and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these websites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective conditions of use for each of these websites. Under no circumstances shall Avalanche be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or Websites available on such websites.
12. Indemnification
Your use of the Website constitutes your agreement to defend, indemnify, and hold harmless Avalanche, its parents and affiliates, licensors and partners, and its and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Websites by a third party with the use of your account.
13. Termination
These Terms of Use are effective until amended by Avalanche in its sole discretion. Avalanche may change, suspend, or discontinue all or any aspect of the Website at any time for any reason without prior notice or liability, including, without limitation, the availability of any feature, without prior notice or liability. Avalanche may cease to provide any or all of the products and services offered in connection with the Websites, terminate the Terms of Use, and cancel all of the rights granted to you under the Terms of Use at any time for any reason without prior notice or liability. Avalanche may, but not obligated to, communicate such termination to you in any of the following manners: (i) in a notice on Avalanche’s Website; (ii) via electronic mail; or (iii) in another manner that Avalanche deems suitable to inform you of the termination. If Avalanche terminates the Websites, you will not receive a refund of paid fees. In the event of any termination hereunder Sections 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 of these Terms of Use will survive termination.
14. Disclaimers and limitations on liability
THE WEBSITE IS PROVIDED BY AVALANCHE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AVALANCHE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, AVALANCHE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS AND SERVICES INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE FUNCTION CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED; OR (IV) THAT THE WEBSITE, SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF AVALANCHE, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF AVALANCHE, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL AVALANCHE, ITS PARENTS AND/OR AFFILIATES (COLLECTIVELY “AVALANCHE” FOR PURPOSES OF THE REMAINDER OF THIS SECTION 14 AND THE FOLLOWING SECTION 15) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR OTHERWISE FROM AVALANCHE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, BLOGS, CHATS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO AVALANCHE’S RECORDS, PROGRAMS, OR WEBSITES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE IN THE WEBSITE. AVALANCHE TAKES NO RESPONSIBILITY FOR THE ACCURACY, SAFE DELIVERIES, AND FUNCTIONALITY OF SMS/TEXTING SERVICES ETC.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL AVALANCHE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE PURCHASE OF ANY PRODUCT OR SERVICE THEREFROM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVALANCHE’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF $ 50 U.S. DOLLARS.
15. Special disclaimer and limitation of liability for products and services
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT AVALANCHE SHALL HAVE NO LIABILITY WHATSOEVER FOR THE PERFORMANCE OF THE WEBSITE OR ANY PRODUCTS AND/ OR SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USES OF THE WEBSITE, AND PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AVALANCHE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AVALANCHE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE, THAT THE FUNCTIONS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AVALANCHE OR AN AVALANCHE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IF NEEDED.
AVALANCHE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE AVALANCHE OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND AVALANCHE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVALANCHE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS (HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) ARISING OUT OF THE POSSESSION OF, USE OF OR INABILITY TO USE THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE, OR DEFECT IN OR CAUSED BY THE WEBSITE, OR PRODUCTS AND SERVICES YOU HAVE PURCHASED OR USE IN OR IN CONNECTION WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO COMPROMISING THE SECURITY OF YOUR COMPUTER, OPERATING SYSTEM OR FILES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT WEBSITES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVALANCHE’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF $ 50 U.S. DOLLARS.
16. Seizure warning
In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a video monitor may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. Avalanche takes no responsibility for such effects and end results and the user is using the Website on his/her own risk.
17. Trademarks and website marks
The names, logos, characters, brands and product and service names appearing in the Website are trademarks/service marks or registered trademarks/service marks of Avalanche or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.
18. Intellectual Property Rights
You acknowledge and agree that all content, design elements, and materials available on the Website, (“Avalanche Content”) are owned by Avalanche and/or its partners and licensors and protected by copyrights, trademarks, Website marks, patents, trade secrets, and/or other proprietary rights of Avalanche and/or its partners and licensors. Avalanche and its partners and licensors retain all right, title and interest in and to the Avalanche Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Avalanche Content 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 Avalanche Content in any way unless expressly permitted in this Agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of the Website or Avalanche Content. You agree not to assert against Avalanche any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights. You are not required to provide any ideas, feedback or suggestions regarding the website or any of Avalanche’s products or services (collectively, “Feedback”) to Avalanche. To the extent you do provide any Feedback to Avalanche, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Avalanche and acknowledge that Avalanche may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you.
19. User guidelines
The Website may have forums, bulletin boards, user comments etc. where you may post opinions, comments etc. In order for you to post messages etc. on such forums, bulletin boards etc. you must comply with all guidelines and requirements as may be notified to you by Avalanche from time to time and must not contain material, opinions etc. that: i) includes graphic depictions of gratuitous or excessive violence; ii) is sexually explicit; iii) includes profane or obscene language or gestures; iv) advocates intoxication or substance abuse; v) promotes negative racial, ethnic, gender, political or religious stereotypes; vi) makes negative or disrespectful comments etc. about religions; vii infringes third party rights or viii) reflects adversely on the name, reputation or goodwill of Avalanche.
Avalanche can delete or remove any information or material you post on the Website or on other permitted websites if we believe that it violates this Terms of Use, the Privacy Policy, our policies or for any other reason.
20. Electronic communications
When you use the Website or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices in the Website or by any other means Avalanche finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice on the Website or otherwise) satisfy any legal requirement that such communications be in writing.
21. Arbitration
If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
22. Class action waiver.
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 21 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
23. Claims.
YOU AND AVALANCHE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
24. Governing law.
(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Stockholm (Stockholms Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this Agreement.
(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Use that is not subject to mandatory arbitration as set forth above in 21 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
(c) Notwithstanding anything to the contrary, Avalanche may apply to any court of competent jurisdiction for injunctive or other equitable relief.
25. Severability
If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
26. Modification
Avalanche reserves the right, at its discretion, to update or revise the Terms of Use at any time. Avalanche will post such changes on the Website and these additional or revised terms will become part of the Terms of Use. Please check this Terms of Use document periodically for changes. Your continued use of the Website constitutes your binding acceptance of the Terms of Use, including any changes or modifications made by Avalanche as permitted above.
27. Entire agreement
This Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Avalanche may assign its rights under the Terms of Use without notice to you.
28. Disclosures
The Website and related products and services hereunder are offered by Fatalist Development AB trading as Avalanche Studios, a Swedish corporation, with registered and business offices at Västgötagan 5, 118 27 Stockholm, Sweden, email: [email protected]
Last Updated: January 26th, 2018