TERMS OF SERVICE
(End-User License Agreement)
BY DOWNLOADING, INSTALLING, USING OR OTHERWISE ACCESSING THE GAME OR SERVICES PROVIDED BY GRAND CRU YOU AGREE TO THESE TERMS OF SERVICE. THE GAME AND SERVICES ARE PROVIDED TO YOU UNDER THE TERMS OF SERVICE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, DO NOT INSTALL THE GAME OR USE OR ACCESS ANY GRAND CRU SERVICES.
BY DOWNLOADING, INSTALLING, USING OR OTHERWISE ACCESSING THE GAME OR SERVICES PROVIDED BY GRAND CRU YOU ARE ASSURING THAT YOU ARE AT LEAST 13 YEARS OLD. If You have not reached the age of majority (usually 18 or older, as applicable in Your jurisdiction), You represent that Your legal guardian has reviewed and agreed to these Terms of Service. You can create a Grand Cru Game account ("Account") and become a registered User of the Game by using either the available single sign-on via the social networking service or by signing up to the Game. You shall not create an Account if You are under the age of 13. Your use of the Game or other Grand Cru services might be governed also by separate policies, as provided in connection with specific services. If You access the Game or service from a social networking website, such as Facebook, You are solely responsible for complying also with its terms of service/use as in addition to these Terms of Service.
Grand Cru grants You, subject to your acceptance and compliance with these Terms of Service, a non-exclusive, non-sublicensable, non-transferable, revocable limited right to use the Game and other Grand Cru services for Your private and non-commercial purposes. All other rights shall be reserved.
You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your login information or Account, or let anyone access your Account. You agree that You are personally responsible for the login information and Account and for all of the communication and activity in connection with the Game or any other services that results from use of your Account. You may not sell or charge others for the right to use your Account, or otherwise transfer Your Account. You may also be required to have a valid account on the third-party service through which You access the Game. However, the Game is not affiliated with, endorsed, or sponsored by such service, and Grand Cru assumes no liability pertaining to such third-party services. You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself.
You hereby acknowledge and agree that Grand Cru shall have no liability whatsoever in connection with or arising from Your use of the Game or other Grand Cru services, as set forth herein.
You may not use any application, game client or software provided by Grand Cru for any purpose other than the permitted access to the Game or related services, nor reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game or any Grand Cru services, or to obtain any information from the games and services by any method not expressly permitted by Grand Cru.
You understand that the Game is an evolving one and that for reasons that include, without limitation, system security and stability, Grand Cru may need to automatically update, pre-load, create new versions or otherwise enhance the application and accordingly, the system requirements to use the application may change over time. You understand that You are not automatically entitled to future updates, new versions or other enhancements of the application although Grand Cru may choose to provide such changes in its sole discretion. All upgrades and updates are provided to You on a license exchange basis. You agree that by using an upgrade or update You voluntarily terminate Your right to use any previous version. Upgrades and updates may be licensed to You by Grand Cru with additional or different terms. You may need to update third-party software from time to time in order to play Grand Cru’s games.
2. Ownership and Indemnification
The Game (including the related software and media) and all other Grand Cru services are protected by copyright and other intellectual property laws. Grand Cru retains ownership of the Game and the copies of the Game (if applicable) and all other Grand Cru services (including Accounts) and all rights, title and interest in and to the content related to the Game and other Grand Cru services (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, game clients and server software) are owned by Grand Cru.
You acknowledge that You have no right or title in or to any content that appears in the Game, including without limitation the virtual goods or currency appearing or originating, whether earned by playing the Game or purchased, or any other attributes associated with an Account or stored in the Game.
You acknowledge that all materials and information, including but not limited to new objects, images, sounds, structures, information, data or user-generated games, submitted or transmitted by You (“User Content”), whether publicly posted or privately transmitted or submitted, is the sole responsibility of the User from whom such User Content originated, and that the You are solely responsible for any User Content uploaded, posted, transmitted, store or otherwise made available by You. By transmitting or submitting any User Content, You represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third-party rights limiting the use thereof, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content made available by You; (c) free of viruses, adware, spyware, worms or other malicious code.
You shall defend, indemnify and hold harmless Grand Cru, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys' fees, arising from or related to Your breach of these Terms and Conditions or portion hereof, or any act or omission by the User relating to the Game (including your above warranties relating to User Content). Grand Cru reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by You hereunder.
3. User Content and Information
Grand Cru assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring inappropriate content or conduct. Grand Cru does not pre-screen or monitor any User Content that You submit or transmit but Grand Cru shall have the right (but not the obligation) to remove any User Content that fails to comply with these Terms and Conditions.
The User acknowledges that use of the Game and Grand Cru services (including submitting User Content) may be subject to certain laws, regulations, conditions and restrictions. You must comply with such laws, regulations, conditions or restrictions and reasonably ascertain that the User Content submitted or transmitted does not contain material that is illegal, obscene, indecent, defamatory, or which incites religious, racial or ethnic hatred.
You are solely responsible for your interactions with other users and any other parties with whom you interact through the Game and/or Grand Cru services. Grand Cru reserves the right, but has no obligation, to become involved in any way with these disputes.
You hereby grant to Grand Cru 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, adapt, modify, create derivative works from, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, communicate to the public by any means, display, perform, and use, in any way, your User Content as well as all modified and derivative works thereof in connection with provisioning, including marketing and promotions, any Grand Cru games and services.
You further hereby grant to Grand Cru an unconditional, irrevocable right to use and exploit your nickname/name, likeness and any other information or material included in any User Content without any further obligation or compensation to You. Except as prohibited by law, You waive any rights of attribution and/or any moral rights you may have in your User Content. If moral rights cannot be waived in Your jurisdiction, You agree not to enforce Your moral rights. This shall not restrict any rights that You may have to use and exploit your User Content.
The User shall give to Grand Cru correct personal and other information necessary for the use the Game and services. The User shall inform Grand Cru of any changes to such information. You also agree that in the event that You access the Game through Your social networking site account, the information on Your social networking site account is accurate, current and complete.
If You have a dispute with one or more users, You release Grand Cru (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, You waive Your rights under California Civil Code §1542 (which provides that “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”).
4. Fees and Purchases
You may purchase, with ”real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) ”virtual currency”, including but not limited to virtual cash or diamonds, all for use in Grand Cru games; (b) ”virtual in-game items” and other virtual goods and services (together with ”virtual currency”, ”Virtual Items”); and (c) other goods or services (”Merchandise”). Grand Cru may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Grand Cru shall have no liability to You or any third party in the event that Grand Cru exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized. All purchases and redemptions of third party virtual currency made through the Game are final and non-refundable. The provision of Virtual Items for use in Grand Cru games is a service provided by Grand Cru that commences immediately upon acceptance by Grand Cru of Your purchase. By purchasing Virtual Items, you give your consent to the immediate digital delivery of such Virtual Items. Upon being granted access to the Virtual Items, you lose your right as a consumer to withdraw from or cancel the purchase. NO REFUND OF ANY FEES SHALL BE AVAILABLE. The sale and purchase of Merchandise may be subject to additional return policies and terms of sale as communicated to you from time to time by Grand Cru and its partners in connection with the purchase of such Merchandise.
YOU AGREE AND ACKNOWLEDGE THAT GRAND CRU IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. No Warranties and Limitation of liability
To the maximum extent permitted by applicable law, except as provided above, GRAND CRU MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE GAME OR SERVICES, QUALITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE GAME IS LICENSED “AS IS” AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.
THIS SECTION DOES NOT LIMIT OUR STATUTORY LIABILITY FOR DEFECTS IN THE PRODUCTS YOU HAVE PURCHASED OR ANY LIABILTY THAT, BY LAW, CANNOT BE LIMITED OR RESTRICTED, OR YOUR STATUTORY REMEDIES FOR DEFECTS OR DELAYS UNDER ANY APPLICABLE MANDATORY CONSUMER PROTECTION LAWS.
You understand and acknowledge that Grand Cru will not be liable for any network-related problems attributable to the operation of the Game and that network configuration changes may affect the system's performance.
GRAND CRU SHALL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, BUT NOT LIMITED TO THESE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAME, EVEN IF GRAND CRU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF GRAND CRU IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO CASE SHALL GRAND CRU’S LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO GRAND CRU IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOUR ONLY RIGHT OR REMEDY REGARDING ANY PROBLEMS OR DISSATISFACTION WITH THE GAME MAY BE TO UNINSTALL IT AND/OR DISCONTINUE YOUR USE OF IT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
THIS SECTION DOES NOT LIMIT YOUR STATUTORY RIGHTS AS A CONSUMER TO CLAIM REMEDIES OR DAMAGES FOR DEFECTS IN PRODUCTS YOU HAVE PURCHASED FROM US UNDER ANY APPLICABLE MANDATORY CONSUMER PROTECTION LAWS OR ANY LIABILTY THAT, BY LAW, CANNOT BE LIMITED OR RESTRICTED.
6. Suspending Accounts and Termination
WITHOUT LIMITING ANY OTHER REMEDIES, GRAND CRU MAY, AT ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE GAME OR OTHER SERVICES OR PORTIONS THEREOF IF YOU FAIL, OR IF GRAND CRU SUSPECTS SUCH FAILURE, TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE GAME OR SERVICES, WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION, LIMITATION OR CLAIM BY A THIRD PARTY, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS, AND GRAND CRU IS UNDER NO OBLIGATION WHATSOEVER TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. YOU SHALL NOT USE THE GAME OR GRAND CRU SERVICES IF YOU HAVE PREVIOUSLY BEEN SUSPENDED OR BANNED FROM PLAYING ANY GRAND CRU GAME. GRAND CRU EXPLICITLY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 90 DAYS.
GRAND CRU RESERVES THE RIGHT TO STOP OFFERING AND/OR SUPPORTING THE GAME OR A PARTICULAR SERVICE OR PART OF THE SERVICE AT ANY TIME, AT WHICH POINT YOUR LICENSE WILL BE AUTOMATICALLY TERMINATED. IN SUCH EVENT, GRAND CRU SHALL NOT BE REQUIRED TO PROVIDE REFUNDS, BENEFITS OR OTHER COMPENSATION TO USERS IN CONNECTION WITH SUCH DISCONTINUED SERVICES. 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 informing Grand Cru of such by contacting us by email at firstname.lastname@example.org or by deleting your Account through the Game or through our other services.
7. Disputes and Applicable Law
If a dispute arises between you and Grand Cru, You should always to firstly contact Grand Cru directly to seek a resolution. This should be done by contacting us by email email@example.com and following the procedure therein.
All claims and disputes between You and Grand Cru shall be governed by and shall be construed in accordance with the laws of Finland, excluding its choice of law provisions, unless otherwise stipulated by mandatory consumer protection laws. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. You agree that any claim or dispute you may have against Grand Cru shall be resolved or settled exclusively by a court located in Helsinki, Finland, unless otherwise stipulated by mandatory consumer protection laws. As a Finnish consumer, you may always refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi for instructions). Consumers located in the EU, please see https://webgate.ec.europa.eu/odr for information on online dispute resolution provided by the European Commission.
Grand Cru may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such service is subject to those specific policies and these Terms of Service.
Grand Cru may notify Users via postings on Grand Cru websites, and via e-mail or any other communications means to contact information provided to us. All notices given to Grand Cru shall be in writing and addressed to the address here below. Any notices that provided without compliance with this section to Grand Cru shall not valid.
9. No waiver
The Company’s failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Grand Cru Oy (company ID 2398418-8), Helsinki, Finland, firstname.lastname@example.org