PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) OR GAMEXN WEBSITES
KEY POINTS: It is important that you read the entirety of and understand this document. There is, however, a key point that we need to emphasize:
CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.
Top 1. YOUR AGREEMENT WITH EASYBITS
1.1. GameXN applications ("Applications"), other GameXN branded software applications (together the "GameXN Software"), including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto ("Updates") and whether made available for free or for a fee, (collectively the "Software") is licensed (not sold) to you by EasyBits AS ("EasyBits").
1.2. The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) ("Free Products") are provided to you by EasyBits.
1.3. GameXN Websites gamexn.net (as applicable) ("GameXN Website(s)") are operated by EasyBits.
1.4. "EasyBits Address" means EasyBits, Sagtomtveien 13, 1359 Eiksmarka, Norway; "Products" means collectively the Free Products and Paid For Products; "you" or "your" means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.
1.5. Your agreement with EasyBits is made up of the terms and conditions set out in this document, together with any Additional Terms referred to in paragraph 14 (collectively the "Terms"). To the extent of any inconsistency between the Additional Terms and this document, this document shall take precedence.
Top 2. ACCEPTANCE OF THE TERMS
2.1. In order to download and/or use the Software, Products and/or GameXN Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download and/or use the Software, Products and/or GameXN Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or EasyBits in accordance with paragraph 11.
2.2. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or GameXN Websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with EasyBits.
2.3. In some countries the Products may be provided to you by EasyBits local partner. If so, that local partner may ask you to accept its own terms of service ("local terms"). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.
Top 3. CHANGES TO THE TERMS
EasyBits may make changes to these Terms from time to time. EasyBits will publish the changes here at gamexn.net/en-us/termsofservice. Changes to the Additional Terms will be posted on the applicable GameXN Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or GameXN Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with EasyBits in accordance with paragraph 11 below.
Top 4. LICENSE
4.1. License. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual GameXN account (as applicable) ("User Account"). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the GameXN Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. EasyBits reserves all rights not expressly granted to you under these Terms.
4.2. Restrictions. You may not and you agree not to.
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
(b) undertake, cause, permit or authorize the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to Section 4.1 above;
(e) other than for the purposes of download and installation, use the Software except through your User Account.
4.3. Third Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices ("Third Party Technology"), you agree and acknowledge that: (a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (b) some Products and/or functionality may not be accessible through the Third Party Technology and (c) EasyBits cannot guarantee that the Software shall always be available on or in connection with such Third Party Technology.
Top 5. USE OF THE SOFTWARE AND PRODUCTS AND GAMEXN WEBSITES
5.1. Equipment. In order to use the Software and the Products you may need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.
5.2. Use of Your Equipment. The Applications may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Applications users. If your use of the Applications is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Applications is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
5.3. Updates to the Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. EasyBits has no obligation to make available any Updates. However, EasyBits may in its sole discretion require you to automatically download and install Updates from time to time in order to allow you to use the Software and you agree to accept such Updates subject to these Terms.
5.4. Suspension, technical improvement and maintenance. From time to time, EasyBits may need to perform maintenance on or upgrade the Software, Products or GameXN Websites or the underlying infrastructure that enables you to use the Software, Products or GameXN Websites. This may require EasyBits to temporarily suspend or limit your use of some or all of the Software, Products or GameXN Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, EasyBits will publish the time and date of such suspension or limitation on the GameXN Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or GameXN Website.
5.5. Content of Communications. EasyBits is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. EasyBits reserves the right (but shall have no obligation) to decide whether any content that you use complies with these Terms. EasyBits may in its sole discretion remove such content and/or terminate these Terms and your User Account if you use any content that is in breach of these Terms.
5.6. Notice and Take-Down. If EasyBits receives any notification that any material that you post, upload, edit, host, share and/or publish on the GameXN Website or through the Software (excluding your private communications) ("User Submission") is inappropriate, infringes any rights of any third party, or if EasyBits wishes to remove your User Submission for any reason whatsoever, EasyBits reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by EasyBits in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that EasyBits is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure here at gamexn.net. EasyBits reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
5.7. Quality. EasyBits cannot guarantee that the Software, Products or GameXN Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or GameXN Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. EasyBits takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
5.8. Changes to Products. EasyBits is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the GameXN Website. If you do not agree with any changes to Software and Products you may terminate your relationship with EasyBits in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time.
5.9. Unsolicited Ideas. EasyBits does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to EasyBits through the GameXN Website or otherwise, you acknowledge and agree that EasyBits shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
5.10. Reports. Certain parts of the GameXN Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report process ("Reports"). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of EasyBits. EasyBits shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to EasyBits will not be treated as confidential and EasyBits shall not be liable for any disclosure of the Reports.
5.11. Linking. You may link to the GameXN Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by EasyBits where none exists. You may not frame the Site on any other site. EasyBits may revoke the permission to link to the GameXN Websites at any time at its sole discretion and will notify you in this respect.
Top 6. YOUR OBLIGATIONS
6.1. User Account. Prior to your first use of the GameXN Software, you have the option to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. EasyBits takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.
6.2. Lawful Use. You must use the Software, Products and GameXN Websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or GameXN Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or GameXN Websites where you are located.
6.3. Prohibited Use. You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, communication or protocols;
(c) send unsolicited communications (also referred to as 'SPAM' or 'SPIT') or any communication not permitted by applicable law or use the Software for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software or GameXN Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the GameXN Website;
(h) impact or attempt to impact the availability of the Software for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the GameXN Website. Notwithstanding the foregoing, you agree that EasyBits grants to the operators of public search engines permission to use spiders to copy materials from the GameXN Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. EasyBits reserves the right to revoke these exceptions at any time.
6.4. User Submissions. Please exercise respect when participating in any features of the GameXN Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the GameXN Websites or of the GameXN Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the GameXN Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and EasyBits has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the GameXN Websites or through the Software; (iii) EasyBits does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) EasyBits is not responsible for any User Submissions that you may have access to through your use of the GameXN Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. EasyBits does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. In connection with your User Submissions, you represent and warrant that you
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorize EasyBits to use all copyrights, trademarks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source ("Third Party Content") without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you choose to upload or post User Submissions to the GameXN Websites or through the Software (excluding Reports and excluding the content of your communications) you automatically grant EasyBits a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trademarks associated therewith, in connection with the GameXN Websites and GameXN Software and Products including for the purpose of promoting or redistributing part or all of the GameXN Websites and/or the Software or Products, in any and all media now known or hereafter devised. You also hereby grant each user of the GameXN Website and/or GameXN Software or Products a non-exclusive license to access your User Submission through the GameXN Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the GameXN Websites and/or Software or Products and pursuant to these Terms of Use. In addition, you waive any so-called "moral rights" in and to the User Submissions, to the extent permitted by applicable law.
You may not submit or publish through the GameXN Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or mispresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the GameXN Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the GameXN Website or Software or features that prevent or restrict the use of any content thereof.
6.5. Your Information. From time to time, EasyBits may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.
6.6. No Reselling. The Software and Products are for your individual use. You shall not resell or commercialize the Software and/or Products to any third party.
Top 7. PROPRIETARY RIGHTS
7.1. The Software, Products and GameXN Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.2. The content and compilation of content included on the GameXN Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of EasyBits AS, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without EasyBits express permission. EasyBits reserves all rights not expressly granted in the GameXN Websites.
7.3. EasyBits and/or its licensors retain exclusive ownership of the Software, Products and GameXN Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit or interfere with EasyBits intellectual property rights in the Software, Products and/or GameXN Websites.
7.4. EasyBits, GameXN, associated trademarks and logos are trademarks of EasyBits AS. EasyBits AS has registered and filed applications to register its trademarks in many countries worldwide. EasyBits trademarks and trade dress may not be used in connection with any product or service that is not EasyBits', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EasyBits. All other trademarks not owned by EasyBits or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register any trade name, trademark, logo, domain name or any other name or sign that incorporates any of EasyBits' intellectual property (in whole or part) or that is confusingly similar thereto.
Top 8. ENDING YOUR RELATIONSHIP WITH EASYBITS
8.1. You may terminate your relationship with EasyBits at any time and without recourse to the courts by requesting closure of your User Account and ceasing to use the Software, Products and/or GameXN Websites.
8.2. EasyBits may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or GameXN Websites at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if EasyBits reasonably suspects that you are using the Software, the Products and/or GameXN Websites to break the law or infringe third party rights;
(c) if EasyBits reasonably suspects that you are using our Products, Software and/or GameXN Websites fraudulently or that your User Account is being used by a third party fraudulently;
(d) in respect of a particular Product, if EasyBits decides to cease offering that Product;
(e) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of EasyBits partners;
(f) if EasyBits decides to cease offering the Software to users in your jurisdiction generally.
8.3. EasyBits shall effect such termination by preventing your access to your User Account, the Software, Products and/or GameXN Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
8.4. Consequences of Termination. Upon termination of your relationship with EasyBits: (a) all licenses and rights to use the Software, Products and/or GameXN Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or GameXN Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
Top 9. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
9.1. For the purposes of this paragraph 12, "EasyBits" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
9.2. No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND GAMEXN WEBSITES ARE PROVIDED "AS IS" AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; GAMEXN DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR GAMEXN WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. GAMEXN FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR GAMEXN WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES GAMEXN WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
9.3. Nothing in this these Terms shall exclude or restrict EasyBits' liability for (a) death or personal injury, (b) loss resulting from EasyBits' willful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.
9.4. No Liability. YOU ACKNOWLEDGE AND AGREE THAT GAMEXN WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO GAMEXN, IN CONNECTION WITH OR ARISING FROM YOUR USE OF GAMEXN WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR GAMEXN WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR GAMEXN WEBSITES.
9.5. Limitation of Liability. Subject to paragraphs 12.3 and 12.4 above, EasyBits shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to EasyBits, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) any damage to or corruption of data (whether direct or indirect);
(d) any claim, damage or loss (whether direct or indirect) arising from or relating to:
i. any product or service provided by a third party under their own terms of service, including without limitation, EasyBits Access;
ii. any third party technology;
iii. any third party website.
9.6. Subject to paragraphs 9.3 - 9.5 above, EasyBits total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL BE ZERO IN ALL CASES.
9.7. If any third party brings a claim against EasyBits in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold EasyBits harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
Top 10. THIRD PARTY WEBSITES PRODUCTS AND SERVICES
10.1. Third parties may offer products or services via the Software and/or GameXN Websites. Whilst EasyBits takes no responsibility for such products or services, if you encounter any problems with download, use of installation of such products or services, EasyBits will use commercially reasonable endeavors to assist or resolve the problems. The third party products or services may be subject to the third party provider's own terms and privacy policy that you may have to accept upon download or installation. You should review such terms before using any third party product or service and EasyBits shall not be responsible for your failure to do so.
10.2. You acknowledge and agree that any third party product information that is shown on the GameXN Websites regarding third party products and services is given to EasyBits by the applicable third party merchant ("Merchant"). The Merchant has the ability to terminate their product availability at anytime. EasyBits is not involved in any transactions between you and any Merchant whose products and/or services are listed on the GameXN Websites. EasyBits does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants' websites; (iii) the availability of the Merchant's websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants' websites, nor any listing or other content about such products and services displayed on the GameXN Websites; (v) links to the Merchants' websites that are featured on the GameXN Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
10.3. The Software and GameXN Websites may include hyperlinks to other third party websites. EasyBits is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.
Top 11. ADDITIONAL TERMS
The GameXN Behavior Guidelines at gamexn.net provides guidelines on how to use GameXN and how to treat the other members of GameXN community properly and respectfully. Please read these guidelines carefully which form part of the Terms.
Top 12. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY
EasyBits is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy Policy.
Top 13. HOW TO CONTACT EASYBITS
13.1. To contact EasyBits in relation to the GameXN Software or "GameXN" branded Products; please submit a support request to gamexn.net the website of GameXN.
13.2. If you contact EasyBits by any means other than as set out in paragraph 13.1, your request may not be acknowledged.
Top 14. MISCELLANEOUS
14.1. You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with EasyBits.
14.2. For your convenience, EasyBits may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with EasyBits.
14.3. These Terms constitute the entire agreement between you and EasyBits with respect to your use of the Software, Products and/or GameXN Websites and replace any prior agreements between you and EasyBits with respect to the Software, Products and/or GameXN Websites.
14.4. If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
14.5. The failure by EasyBits to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of EasyBits' right or remedy. If EasyBits waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
14.6. You may not assign these Terms or any rights or obligations contained in them. EasyBits may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
14.7. This section 14, along with any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
14.8. You acknowledge and agree that if EasyBits is unable to provide the Software, Products and/or GameXN Websites as a result of a force majeure event, EasyBits will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of EasyBits.
14.9. These Terms shall be governed by and interpreted in accordance with the laws of Norway and shall be subject to the jurisdiction of the courts of Norway.
© EasyBits AS – Last updated: June 26, 2014