Terms and Conditions

GENERAL TERMS AND CONDITIONS
1. Application and interpretation
1.1. These are the terms of service (the "Terms") of Eriksson Bros AB (a company incorporated under the laws of Sweden with company number 559179-3277) with its registered office at Lutzengatan 9 A, 115 20 Stockholm, Sweden, and email address mail@boxbollen.com (hereafter "Boxbollen", "us" or "we").

1.2. These Terms govern the legal relationship between Boxbollen and you ("User" or "you") when you use any Boxbollen game or participate in any Boxbollen competition  such as The Boxball open,  or other future Games (each a "Game" and together the "Games") whether accessed via web browser, social networking sites (for example, Facebook) or as apps via platforms (for example, Apple’s ‘App Store’, Google Play, Windows Phone, Blackberry World, Amazon AppStore for Android) (each a "Platform" and together the "Platforms").

1.3. When you can use our Games or participate in our competitions
a. In order to obtain a right to play our Games and participate in competitions you represent that:
b. you own the device you are using to access and play each Game and, if you participate in Boxbollen competitions, that you are legally entitled to participate in such competitions;
c. you are not located in a country that is:(i) subject to a US Government embargo or has been designated by the US Government as a‘terrorist supporting’ country; and (ii) you are not listed on any US Government list of prohibited or restricted parties;
d. the information you provide to us is true and accurate and you will update such information when necessary;
e. if you download any Game from a Platform you must have a valid account with a Platform (the "Platform Account"); and
f. you will not:
i. copy, sublet, lease license, loan, lend, sell, trade or otherwise deal with or exploit the Games
ii. use the Games or for any illegal activities;
iii. use the Games or to disseminate any information or materials that are obscene, violent, threatening,libelous, discriminatory or otherwise,in Boxbollens’s opinion, offensive;
iv. use the Games to disseminate any information or materials that would infringe, or might infringe, any intellectual property rights, including those of Boxbollen. v. You need to be over a certain age to play our Games join our competitions or use our services. The minimum age varies depending on your country of origin. For information about the minimum age in your country, contact a legal counsel in your country.

1.4. If you have a Platform Account and download a Game from a Platform or if you participate in a Game via browser, site or any other platform you are deemed to accept and agree to these Terms. If you do not agree to these Terms, do not download, play and/or otherwise participate in a Game or competition as it is prohibited without accepting the Terms You acknowledge that these Terms: (a) apply from the date on which you first download one of our Games: (b) apply to your use of any of our Games and competitions: and (c) form a legally binding contract between you and Boxbollen, not with any Platform provider. Boxbollen is solely responsible to you for the Games and their content, not the Platform provider. Boxbollen may change these Terms at any time without notice. If you do not agree to the changes in the Terms, you must stop using the Games or cancel your participation in a competition. Your continued use of the Games is deemed as indication of your acceptance of such changes in the Terms.

2. Identification and personal data
Privacy Policy ("PP")
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2.1. The information, including personal data, that we collect about you and the ways in which we use it are covered in our PP which can be found on our websites e.g. www.Boxbollen.com and where you can download our Games.

2.2. By way of these General Terms and Conditions and through Boxbollen privacy notice as amended from time to time and available at www.boxbollen.com are hereby informed that Boxbollen processes your personal data for the purposes mentioned. Our privacy notice informs you of your rights in relation to  processing of your personal data. If you have any questions, kindly contact the responsible partner for the assignment or our personal data officer at Boxbollen.com.

3. Special terms
The Platform provider’s terms and conditions also apply to your use of the Games and your participation in competitions (the "Platform Terms"). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail to the extent the conflict relates to use of the Platform.  In addition to the Platform Terms, further special terms and conditions also apply to your use of our Games, depending on how you access them. For example, if you access Games through Facebook using its "Facebook Connect" functionality, Facebook’s terms of service may apply. Also, from time to time we, or one of our business partners or another third party, may operate a competition or promotion that is subject to additional further terms. Each of these are "Special Terms". If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.

4. Intellectual property rights
The Grant of a License
In consideration of your agreement to be bound by these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license permitting you to play our Games for your personal, non-commercial, entertainment purposes. You must not try to hack or otherwise try to gain unauthorized access to any Game or software. Boxbollen owns (or has a license to use) all rights, title and interest, including without limitation any intellectual property rights) in and to the Games (including all copyrights in the underlying software code and in the visual artwork and graphics as well as musical composition and audio-visual effects and all trade mark rights in the Games’ titles. By using our Games under license you do not acquire any intellectual property rights in our Games.

5. User content
Any data, text, graphics, photographs and other materials uploaded to or otherwise made available in the Games or competitions by you or other users (the "User Content") is the sole responsibility of the person from whom such User Content originated.
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Boxbollen does not guarantee the accuracy, quality or integrity of any User Content posted via the Games or competitions. You agree that Boxbollen will not be liable for any User Content, including but not limited to errors in any User Content or any loss or damage incurred by use of the User Content.
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You represent and warrant that the User Content you transmit or submit is original to you and that you exclusively own all rights, title and interest, including without limitation intellectual property rights, to such content, including the right to grant all rights and licenses in these Terms without Boxbollen incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
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You hereby grant to Boxbollen a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up and royalty-free license (with the right to sublicense) to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit the User Content you transmit or submit and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content. The User Content is not confidential and will not be returned to the user.
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Notwithstanding the license above, and only in relation to profile pictures, you instead grant Boxbollen Interactive a non-exclusive, transferable, royalty free, global license to use your profile picture in accordance with applicable data protection legislation and as further set out in the Privacy Policy, if the profile picture is of a person. The license will cease if you remove your profile picture. Boxbollen will not use your profile picture in marketing if the picture is of a person, unless prior approval from the person in the picture has been obtained.
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Boxbollen reserves the right to, in its sole discretion, remove and/or permanently delete any User Content from the Games    


6. What is not Excluded or Limited
None of the exclusions or limitations in these Terms shall exclude or restrict Boxbollens’s liability for death or personal injury caused by its negligence or for any fraudulent misrepresentation or for any other liability that cannot be excluded or limited under applicable mandatory law.

7. Disclaimer of Warranties
Boxbollen provides the Games and all competitions to you on an ‘as is’ basis. Boxbollen does not warrant that access to any Game or competition will be uninterrupted, reliable or fault free. Boxbollen does not warrant to you that any Game or competition will be accurate, complete or reliable. While Boxbollen uses reasonable efforts to ensure the Games are available to you 24 hours a day, Boxbollen will not be liable to you if for any reason the Games are unavailable at any time or for any period. Access to the Games may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Boxbollens’s control. Boxbollen may also need to modify or maintain any of the Games at any time. If this need arises, Boxbollen may suspend access to the Games or any part of them or close them indefinitely. If the Game has been downloaded from a Platform, you and Boxbollen acknowledge that the Platform provider has no obligation whatsoever to provide you with any support or maintenance services in relation to the any of our Games. You acknowledge that Boxbollen and not the Platform provider is responsible for addressing any product liability claims, any failure to comply with regulatory or legal requirements, or claims relating to consumer protection or similar legislation.

8. Exclusion of Liability
Subject to paragraph 6 and the limitation of liability in paragraph 9, Boxbollen will be liable to you for any direct loss you suffer as a result of Boxbollen breaching its obligations under these Terms if such losses were reasonably foreseeable to both parties when you commenced playing any Game. Otherwise, to the extent permitted by law, Boxbollen excludes:

a. Liability (whether arising in contract, tort or otherwise and whether or not due to its negligence) which Boxbollen may otherwise have to you as a result of: (i) any technical, factual, textual or typographical inaccuracies, errors or omissions (human or computer-generated) on or relating to the Games or any information provided in relation to the Games; (ii) the unavailability of any Games (or any part of them); or (iii) any misrepresentation on or relating to the Games;.

b. consequential loss or damage incurred by you or anyone else in connection with the Games or in connection with the use, inability to use, or results of the use of the Games, any websites linked to it and any use of the Games or content on them, including any liability for: (i) loss of content or data; (ii) loss or damage caused by viruses, bugs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Games or the downloading or uploading of any content via the games; (iii) loss of goodwill; (iv) any loss incurred as a result of any legal claim or regulatory action arising from the activities of any player using the Games infringing third party intellectual property or breaching applicable law; (v) any statements or conduct of any player of the Games; or (vi) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;

c. Liability for any loss that you may incur as a result of someone else using your identity, log-in details, password or account, with or without your knowledge, including if a device used to activate your account is stolen; and

d. In the event of any loss or damage to content (including data), your sole remedy shall be for Boxbollen to use its reasonable efforts to restore the lost or damaged data or content from the latest back-up maintained by Boxbollen.

9. Limitation of Liability
Notwithstanding any of the foregoing provisions, Boxbollen’s maximum liability to you in respect of your use of the Games shall be the amount of any fees paid by you to Boxbollen during the 2 month period preceding the date on which the act or omission causing the liability arose.

10. Reasonableness
You agree that each of these exclusions, disclaimers and limitations is reasonable having regard to the nature of the Games. Each of the above exclusions, disclaimers or limitations shall be construed as a separate, and severable, provision of our contract with you

11. Third parties and advertising
Boxbollen may generate revenue from your playing of the Games by advertising goods and/or services of third parties including: (i) by serving ads that you might see and respond to when using the Games or during competition.

12. Third Party Links
Certain links including hypertext links, from the Games and from any social networking platform you are using, may take you outside the Games and any social networking platform from which the Games are accessed. This does not imply endorsement by Boxbollen of the linked site, its operator or its content.  You acknowledge that Boxbollen does not control the content on such websites and does not guarantee the accuracy, integrity or quality of such content.  Such sites may be governed by their own terms and privacy and cookies policies which it is your responsibility to review.

13. GENERAL
Termination or Suspension of your Account
Boxbollen may in its absolute discretion at any time with immediate effect and for any reason:
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a. terminate or suspend your use of the Games/competitions (in which case we may share your name and email address and notify third parties, including Platform providers); or
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b. verify your information by requesting certain documents and refuse your requests to play the Games and participate in competitions if we believe there is a reason to do so.

Dealings in Rights and Obligations
13.1. Boxbollen may assign its rights and/or transfer its obligations under these Terms to any third party including being able to sub-license and/or sub-contract its rights and obligations under these Terms to any third party

Severability
13.2. If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.

13.3. Entire Agreement
These Terms shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply) other than Special Terms described in paragraph 3. You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms

14. Governing law and dispute
14.1 These Terms shall be governed by and construed in accordance with substantive Swedish law, unless another country's law applies due to applicable mandatory consumer legislation. Any disputes arising out of or in connection with these Terms shall be settled by the Swedish courts, with the Stockholm District Court as the court of first instance. A consumer, however, may also have the right to file a claim in the court where he or she lives. Notwithstanding the foregoing, in case of a dispute, you also have the option to contact the National Board for Consumer Complaints.

14.2 Complaint and Disputes
Please contact us immediately using our contact details at paragraph 15 below if you: (a) have any questions, complaints, claims or concerns about content which appears in our Games, in relation to our competitions or in relation to boxbollen generally; or (b) believe that any act or omission by Boxbollen or one of our players is in breach of applicable law. Boxbollen will then consider your concerns and decide whether to take action and whether or not any other player has in Boxbollen’s opinion, breached any of these Terms. Boxbollen will endeavor to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that Platform providers have no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property of the Games our outcomes of competitions. The right to complain of a defect in the Games or outcome in a competition ends after three years.

15. Our contact details
If at any time you would like to contact Boxbollen about your views on these Terms please send an email to us at mail@boxbollen.com or write to us at Eriksson Bros AB, Lutzengatan 9 A, 115 20, Stockholm, Sweden.‍
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