TERMS OF SERVICE
These terms of service (“Terms of Service”) apply to and govern the relationship between you and Skunkworks Oy, a Finnish limited liability company (Business ID: 3103787-7) having its registered office at Mikonkatu 13 A, 00100 Helsinki, Finland (hereinafter “Skunkworks” or “we” or “us”) regarding your use of Skunkworks’ games, websites and related services (each individually and all collectively “Service”).
By installing, using or otherwise accessing the Service, you agree to these Terms of Service. The Service is licensed, not sold. If you do not agree to these Terms of Service, please do not install, use or otherwise access the Service. Any Use of the service contrary to these terms and conditions is strictly prohibited.
1.1 Grant of a Limited License to Use the Service.
Subject to your acceptance to be bound these Terms of Service and continuous compliance with these Terms of Service, and any amendments thereto, Skunkworks grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited right and license, subject to the limitations below, to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The Service is licensed to you and you hereby acknowledge that no title or ownership in the Service is transferred or assigned to you.
The following restrictions apply to the use of the Service:
1.2 License Term.
These Terms of Service become binding on you on the date when you accept these Terms of Service, install, access or use the Service, whichever occurs earliest. These Terms of Service shall terminate on the date when you discontinue the use of the Service and delete your Account or when these Terms of Service are terminated by Skunkworks, whichever occurs earliest.
1.3 Your Username and Password.
During the Account creation process, you may be required to select a password and a username (“Login Information”). You shall not share the Account or the Login Information with a third party, nor let anyone else access or use your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized use or disclosure of the Login Information, you must immediately notify Skunkworks and change your password. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases under your Account as well as any activity that occurs under your Account.
Skunkworks reserves the right to remove or reclaim any username(s) at any time and for any reason, including but not limited to claims by a third party that a username violates a third party’s rights.
1.4 Limitations on License.
Any use of the Service in violation of this section 1.4 is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability for violations.
You agree to comply with the following requirements when you use the Service:
Skunkworks reserves the right to determine which conduct it considers to be in violation of these Terms of Service or otherwise outside the intent or spirit of these Terms of Service or the Service. Skunkworks reserves the right to take action as a result, which may include terminating your Account and the provision of the Service to you.
1.5 Suspension and termination of Account and Service.
Without limiting any other remedies, skunkworks may, at any time and without any liability, limit, suspend, terminate, modify, or delete Accounts or access to skunkworks’ Service or part thereof if you are, or skunkworks suspects that you are, failing to comply with any of these Terms of Service or for any actual or alleged illegal or improper use of the Service, with or without notice to you.
You can lose your username and persona in the Service as a result of Account termination or limitation or suspension of it, as well as any benefits, privileges, earned items and purchased items associated with your use of the Service, and Skunkworks is under no obligation to compensate you for any such losses.
Without limiting our other remedies, Skunkworks may, at any time and without any liability, limit, suspend or terminate the Service and user Accounts or part thereof, prohibit access to the Service, games and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal action to prevent users from accessing the Service if we believe that they are creating risk of or actual legal liabilities, infringing the intellectual property rights of third parties, or violating provisions of or otherwise acting inconsistently with the letter or spirit of these Terms of Service. Additionally, we may, at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third party intellectual property rights.
Skunkworks reserves the right to terminate any Account that has been inactive for 180 days.
Skunkworks reserves the right, at any time and without any liability, to stop offering and/or supporting the Service or part thereof or a particular game at any time, at which point your license to use the Service or a part thereof or a particular game will be automatically terminated. In such event, Skunkworks shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your account can include disabling your access to the Service or any part thereof including any content you submitted, or others submitted.
You may terminate your Account at any time and for any reason by contacting our support at email@example.com informing that you wish to terminate your account.
Upon termination of these Terms and Conditions: you shall immediately cease using the Service; we may destroy or otherwise dispose of any of your User Content in our possession; the accrued rights of you and us as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced; no paid fees will be returned by us to you; and you are obliged to pay the fees past due at the effective date of the termination.
2.1. Ownership in Games and Service.
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Skunkworks’ game client, and the Skunkworks’ game clients and server software), and intellectual property rights therein, are owned by Skunkworks and/or its licensors. Skunkworks reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
Notwithstanding any provision to the contrary herein, you acknowledge and agree that you shall have no ownership or other rights in the Account, and you further acknowledge and agree that all rights in and to the Account are owned by Skunkworks.
2.3. Virtual Items.
Skunkworks owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. You agree that you have no right, license or title in or to any content that appears in the Service, including without limitation the virtual items or gems (excluding the license set out in section 4.1) appearing or originating in any Skunkworks’ game, whether earned in a game or purchased from Skunkworks, or any other attributes associated with an Account or stored to the Service.
2.4 User Content.
3.1 Content Screening
Skunkworks assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk and liability. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service.
If Skunkworks chooses to screen the User Content submitted into the Service for material that does not comply with these Terms, Skunkworks nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2 Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Skunkworks does not guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, you should not post it on the Service. Skunkworks shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.3 Content responsibilities.
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Skunkworks may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole discretion of Skunkworks violates these Terms of Service.
3.4 Your Rights and Warranty
You retain all right, title and interest to your User Content, except that you grant Skunkworks an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.
You represent and warrant that you own or have the necessary rights, licenses and permissions to use and authorize us to use all intellectual property rights in and to your User Content, and to enable inclusion and use thereof as contemplated by these Terms of Service. You agree that any information and ideas in your User Content will be fully assigned to us and we own all rights to use and incorporate them into the Service.
3.5 Our Rights in User Content.
You grant us the right to access, read, preserve and disclose any User Content or any other information that we obtain in connection with the Service necessary to: (i) satisfy requirements of any applicable laws, regulations or request by public authorities; (ii) enforce these Terms of Service, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; or (iv) respond to your user support requests. We may collect, analyse, and use aggregated, de-identified technical data, data collected by the Service and related information for development of the Service as long as the information is in a form that does not identify or is not attributable to any individual or company.
4.1 Your Purchases.
In the Service, you may use fiat money to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual items and/or gems in the Service. You acknowledge and agree that by making a purchase of virtual items and/or gems in the Service, you provide your consent to Skunkworks that Skunkworks may initiate delivery of the purchased virtual items and/or gems to you immediately. You agree that after Skunkworks has initiated delivery of virtual items and/or gems to you, you are not entitled to cancel the purchase, and Skunkworks or the relevant mobile platform (Apple iOS or Google Android OS) through which you made your purchase, is not obligated to provide you a refund for the purchased virtual items and/or gems. However, in case you do not receive the virtual items and/or gems that you have successfully purchased, you may request: (i) us to provide such virtual items and/or gems to you, which we shall do without undue delay, or (ii) a refund from us.
You agree that payment transaction for virtual items and/or gems are subject to the payment terms and conditions of the relevant mobile platform (Apple iOS or Google Android OS) through which you make your purchase. Skunkworks does not control the payment transactions and does not have any liability for the payment transactions.
Skunkworks may manage, control, modify or delete virtual items and/or gems in the Service. Other than as expressly authorized in the Service, you shall not transfer, sell, redeem or otherwise transfer virtual items or gems to any person or entity, including but not limited to Skunkworks, another user or any third party. You will not receive money or other compensations for unused virtual items and/or gems when your Account is closed.
4.2 Payment of Fees.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Interest on delayed payments accrues in accordance with the Finnish Interest Act (633/1982).
You understand that the Service is continuously developed by us. Skunkworks may require that you accept updates to the Service and to Skunkworks’ games you have installed on your device or computer. You acknowledge and agree that Skunkworks may update the Service and Skunkworks’ games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Skunkworks’ games. The Service does not include, and Skunkworks does not offer, any telecommunication or networking services or thereto related equipment, security services or systems. You may need to obtain such systems, services and equipment at your own expense from third party vendors to use the Service.
Without limiting Skunkworks’ liability under section 7 below, the Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing or usage of trade. Skunkworks does not warrant that you will be able to access or use the Service at the times or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the game or the Service are free of viruses or other harmful components. Some jurisdiction does not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers in this section 6 may not apply to you.
To the maximum extent permitted by law, Skunkworks shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service, whether based on contract, tort or any other legal theory, and whether or not Skunkworks has been advised of the possibility of such damages. To the extent allowed under applicable law, Skunkworks shall not be liable to you for more than in the amount you have paid to Skunkworks in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim to Skunkworks.
Nothing in these terms of Service shall affect, exclude or restrict the statutory rights of any consumer, including without limitation under the Consumer Protection Act (38/1978), or exclude or restrict any damages resulting from gross negligence or willful misconduct of Skunkworks.
You agree to indemnify, defend and hold Skunkworks (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
These Terms of Service shall be governed by and construed and interpreted in accordance with the laws of Finland without reference to its choice of law rules
Any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach, termination or validity thereof, shall be finally settled by the District Court of Helsinki in Finland.
Notwithstanding the aforementioned, you agree that Skunkworks shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
9.2 Supplemental Policies
Skunkworks may publish additional policies related to specific services such as forums, contests or loyalty programs related to the Service. Your right to use such specific services shall be subject to those additional policies referred to in such forums, contests or loyalty programs and these Terms of Service.
9.3 Entire Agreement
9.4 No Waiver
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Skunkworks shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Skunkworks.
9.5 Equitable Remedies
You acknowledge that the rights granted to Skunkworks and obligations undertaken by you under these Terms of Service are of a unique and irreplaceable nature, the violation of which shall irreparably harm Skunkworks and which cannot be replaced by monetary damages alone, and Skunkworks shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Skunkworks’ game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to damages, subject to limitations of section 7 (if any).
9.6 Force Majeure
Skunkworks shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Skunkworks, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Skunkworks’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
9.7 Translated Versions
If we provide a translated version of these Terms of Service or any other terms or policy incorporated or referenced in these Terms of Service, the translated version(s) is/are provided for informational purposes only. If there is a discrepancy between the translated version(s) and the version in English, the version in English shall have precedence.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions will continue to be valid, binding and enforceable.
Skunkworks may provide you with notices, including those regarding amendments to these Terms of Service, using any reasonable means, which may include push notifications, email, SMS, MMS, text message or in-Service messages.
Should you have any questions related to your rights and obligations under these Terms of Service, you can contact us via our customer support: firstname.lastname@example.org