DISCLAIMER
Disclaimer for all TUNE PARK GAMES
Introduction
Please read this disclaimer carefully before using the games developed by Tune Park Games. By using the games, you agree to be bound by the terms and conditions set out in this disclaimer.
Intellectual Property
Tune Park Games owns all intellectual property rights in the games, including (but not limited to) copyrights, trademarks, and patents. Any unauthorized copying, reproduction, or distribution of the games or their contents is strictly prohibited and may result in legal action. All rights, title, and interest in and to the App, including its content, trademarks, and proprietary functionalities, are the sole and exclusive property of Tune Park Games AS, our partners, and/or third-party contractors. These are protected by applicable international and national laws and are not, in any context, fully or partially transferred (assigned) to you as part of the licensing agreement.
Copyright and Trademark Infringement
We take intellectual property rights very seriously, and we expect our users to do the same. You acknowledge and agree that all content and materials available in our games, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, are the property of our company, its licensors, or other third-party owners, and are protected by applicable intellectual property laws. You agree not to use, reproduce, modify, distribute, display, publish, sell, or transmit any content or materials on our games without the prior written consent of our company or the respective owners, except as expressly permitted in these Terms of Service. We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
You also acknowledge and agree that our games may contain trademarks, service marks, logos, trade dress, or other branding elements that are owned by our company, its licensors, or other third-party owners. You agree not to use any of these trademarks, service marks, logos, trade dress, or other branding elements without the prior written consent of our company or the respective owners.
We reserve the right to remove any content or materials that infringe the intellectual property rights of others and to terminate the accounts of repeat infringers. If you believe that your intellectual property rights have been violated on our games, please contact us immediately.
Please note that we are not responsible for any infringement of intellectual property rights that may result from your use of our games. You agree to indemnify, defend, and hold harmless our company, its affiliates, licensors, and service providers from any claims, liabilities, damages, and expenses (including attorneys’ fees) arising from any infringement of intellectual property rights that may result from your use of our games.
Updates and Changes
Please note that the games may be subject to updates and changes, and Tune Park Games reserves the right to modify, update, or discontinue the games or any of their features at any time without notice. The company also reserves the right to terminate or restrict access to the games or any of their features for any reason, without prior notice or liability. Tune Park Games shall not be held responsible for any loss, damage or inconvenience caused by any modification, suspension, or discontinuation of the games or any of their features.
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised
Agreement by your continued use of the App after the date such revised Agreement is posted.
Use of Games
By using the games, users agree to indemnify and hold harmless Tune Park Games and its affiliates, officers, employees, and agents from any claims, damages, or expenses arising from the user’s use of the games, violation of the disclaimer, or infringement of any intellectual property or other rights of any person or entity.
Tune Park Games company and all its representatives including (but not limited to) other companies or personnel connected to the company or the games, make no warranties or representations about the completeness, reliability, stability, bugs or accuracy of the games. Any installing, use or playing is strictly at your own risk and TUNE PARK GAMES will not be liable for any losses and/or damages and/or security breaches in connection with the use or installing of the games.
In no event shall Tune Park Games be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this app, with the delay or inability to use the app or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the app, or otherwise arising out of the use of the app, whether based on contract, tort, negligence, strict liability or otherwise.
All information/data/content in our games, including (but not limited) to game mechanics, characters, graphics, sound effects, and music are created in good faith and for entertainment purposes only.
The user of our games cannot hold Tune Park Games responsible for anything regarding (and not limited to) payment, bugs, damage, copyrights, reliability, stability, accuracy, completeness, image content, audio content, sound content, music content, language content, humor etc.
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT
INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES.
User Conduct
As a user of our games, you agree to abide by the following rules of conduct:
You agree not to use our games for any illegal purpose, or in violation of any local, state, national, or international law.
You agree not to use our games in a manner that violates the rights of any third party, including intellectual property rights or privacy rights.
You agree not to harass, intimidate, or threaten any other user of our games.
You agree not to engage in any activity that interferes with or disrupts our games, including hacking, cracking, or otherwise exploiting any security or technical vulnerabilities.
You agree not to transmit any viruses, worms, or other malicious software through our games.
You agree not to use any automated means to access our games, or to collect any information from our games without our express written consent.
You agree not to impersonate any other user of our games, or to misrepresent yourself in any way.
You agree not to use our games for any commercial purpose, or to solicit other users for any commercial purpose.
We reserve the right to terminate your access to our games if you violate any of these rules of conduct, or engage in any other conduct that we deem to be inappropriate. We also reserve the right to take any legal action necessary to protect our rights or to prevent the unauthorized use of our games.
Please note that this list is not exhaustive, and we reserve the right to amend these rules of conduct at any time. By continuing to use our games, you agree to be bound by the most current version of these rules of conduct.
Viruses, bugs and Harmful Code
Please note that the games may contain bugs, errors or other issues that may affect their performance, functionality or usability. While Tune Park Games makes reasonable efforts to identify and fix any such bugs or errors, we do not guarantee that all bugs or errors will be fixed or corrected. Therefore, the games are provided “as is” and “as available” without any warranties or guarantees of any kind, whether express or implied.
Additionally, Tune Park Games shall not be held responsible for any losses or damages that may arise from security breaches or unauthorized access to the games or their contents, including but not limited to personal information, login credentials, or payment information.
Tune Park Games is not responsible for any losses or damages that may arise from the use or inability to use the games, including but not limited to losses or damages arising from lost data or lost profits.
Tune Park Games is not responsible for any losses or damages that may arise from any viruses, malware, or other harmful code that may be transmitted through the games or their contents when (not limited to) creating it or uploading it to distribution store.
Offensive Content
Any written text, graphical images or voice /audio (but not limited to) in our games are not to be taken seriously and may be offensive and Tune Park Games is not responsible for any harm or offense that may be caused by such content. Users are advised. Please note that the games may contain content that is not suitable for children. It is the responsibility of parents or guardians to supervise their children’s use of the games and ensure that they only access appropriate content.
If you do not like our games or find them in any way disturbing, boring, wrong, bad or any other way not suitable for you or your phone/computer/console, then please uninstall the game. Users acknowledge and agree that they are solely responsible for their use of the games and any consequences that may result from it.
External Websites and third-party software
Tune Park Games may include third-party software, materials, or content in the games, and we do not guarantee the accuracy, completeness, reliability, or safety of such third-party.
The use of third-party items is at the user’s own risk. Tune Park Games disclaims any liability for any damages or losses that may arise from the use of such third-party items and Tune Park Games is not responsible for any content provided by third-party companies.
From our games, you can visit other websites from following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.
Please be also aware that when you leave our games, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
You acknowledge and agree that Apple, and Apple’s subsidiaries are the third-party beneficiaries of the present Agreement, and that upon your acceptance of the terms and
conditions of the present Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary thereof.
Privacy Policy
We take your privacy seriously and are committed to protecting your personal information. If you use our games, we may collect certain personal information from you, such as your name, email address, and device information. This information will be used to provide you with a better gaming experience and to improve our products and services.
We may also use cookies and other tracking technologies to collect information about your use of our games, including your IP address, browsing history, and user preferences. This information will be used to personalize your experience and to provide you with more relevant advertising.
We will not sell or rent your personal information to third parties. However, we may share your information with trusted third-party service providers who assist us in operating our games and providing our services. We will only share your information to the extent necessary to provide the services you have requested.
By using our games, you consent to the collection and use of your personal information as outlined in this disclaimer.
By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in
particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to
time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services
Dangerous Activities
You may not play any of our games whilst driving a vehicle or performing any instrument (not limited to) that may be in danger to others and/or yourself. Playing the games while driving or engaging in other dangerous activities is strictly prohibited. Tune Park Games is not responsible for any losses or damages that may arise from such behavior.
Health risks
Please note that playing the games may have certain health or safety risks, such as (but not limited to) eyestrain, tiredness, muscle pain, anxiety, or addiction. Tune Park Games is not responsible for any such issues that may arise from playing the games, and we strongly recommend taking breaks and practicing moderation. It is also advised to consult a doctor if you experience any physical or mental discomfort while playing the games. Tune Park Games are not responsible for any (and not limited to) personal actions (emotional or practical), anger, pain, illness or addiction from playing our games and users are 100 percent responsible for any behavior or action whilst playing our games.
A very small percentage of individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a computer screen, or while playing video games, may induce an epileptic seizure in these individuals. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience any of the following symptoms while playing a video or computer game — dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions – IMMEDIATELY discontinue use and consult your doctor/physician before resuming play.
Tips for use of video games to reduce epileptic seizures and other health concerns:
Consult your doctor before playing if you have serious medical conditions, if you are pregnant or elderly, or if you have an implanted medical device.
Avoid playing when you are sick, tired, and/or under the influence of medicine or drugs
Keep your eyes as far away as possible from the screen.
Do not use earphones at a high volume as hearing loss may occur.
Play in a comfortable posture to avoid numbness, stiffness or other discomfort.
Take regular breaks during play sessions. The length and frequency of necessary breaks may vary from one person to another.
Stop playing if you are experiencing any discomfort.
Users who have any serious medical conditions, are pregnant or elderly, or have an implanted medical device should consult with their doctor before playing the games. Tune Park Games is not responsible for any health issues or complications that may arise from playing the games, and users play at their own risk.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Norway. Any dispute arising under or in connection with this Agreement shall be resolved in accordance with the procedures set forth in the dispute resolution clause. Any dispute arising out of or in connection with this Agreement shall be finally settled by the courts of Norway, and each party hereby submits to the jurisdiction of such courts.
Consent
By using our games, you hereby consent to our disclaimer and agree to its terms.
Version
1.0