Terms of Use

Version 1.0, October 2021

BY USING OUR SERVICES, YOU AGREE TO THE FOLLOWING TERMS:

1. Introduction

We, Miðeind ehf., Fiskislóð 31, 101 Reykjavík, Iceland, grant you a revocable, non-exclusive, non-transferable, not-sublicensable license under these Terms of Use (these “Terms”) to access and use the Explo app (the “Services”), as further set out in these Terms.

2. Your privacy

We only use any personal data we collect through your use of the Services in the ways described in our privacy policy, as this is set out in an annex to these Terms.

Please be aware that internet transmissions are not completely private or secure and that any message or information emanating from you while using the Services may be read or intercepted by others, even if is indicated that a particular transmission is encrypted.

3. App store’s terms also apply

The ways in which you can use the Services may also be controlled by the relevant app store’s (typically Apple App Store or Google Play Store) rules and policies, which will apply instead of these Terms if there are differences between the two.

4. Support for the Services

Support. If you want to learn more about the Services or have any problems using them, please take a look at our support resources at explowordgame.com/support.

Contacting us (including with complaints). If you think the Services are faulty or misdescribed or wish to contact us for any other reason, please email us at contact@explowordgame.com.

How we will communicate with you. If we need to contact you, we will do so via the Services or our website at explowordgame.com.

5. How you may use the Services

In return for your agreeing to comply with these Terms you may:

  • download a copy of the Services onto your smartphone, tablet or computer and view, use and display the Services on such devices for your personal purposes only.
  • receive and use any free supplementary software code or update of the Services incorporating “patches” and corrections of errors, as we may provide these to you.

6. Minimum age

You must be 18 or over to accept these Terms and use the Services.

7. You may not transfer the Services to someone else

You have a personal right to use the Services, as set out above. You may not otherwise transfer the Services to someone else, whether for money, for other compensation or for free. If you sell any device on which the Services are installed, you must remove the Services from it.

8. Fees

You may be required to pay fees (the “Fees”) in relation to your use of the Services, as a subscription or for certain additional features or functionality. We reserve the right to make changes to the Fees at any time. No Fees, once paid, are reimbursable for any reason whatsoever.

9. Changes to these Terms

We may need to change these terms from time to time.
We will give you a notice of any such change via the Services or at explowordgames.com/terms-and-conditions.

10. Update to the Services

From time to time, we may update the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Services for these reasons.

If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Services.

11. If someone else owns the phone or device you are using

If you download or stream the Services onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

12. We may collect technical data about your device and your usage

By using the Services, you agree to us collecting and using technical information about the devices on which you use the Services, and about your usage of the Services, in order to improve our products and to provide better Services to you.

13. We are not responsible for other websites you navigate to

The Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

14. Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the Services in any form, in whole or in part, to any third party without prior written consent from us;
  • not copy the Services;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Services, nor permit the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services on devices as permitted in these Terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services, nor attempt to do any such things;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Services.

15. Acceptable use restrictions

You must:

  • not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Services or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the Services;
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services;
  • not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.

16. Intellectual property rights

All intellectual property rights in the Services throughout the world belong to us (or our licensors) and the rights in the Services are only licensed and not sold to you. You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with these terms.

17. User-generated content

You may submit and publish within the Services (such as in chats, blogs, and forums) comments, data and other information which you choose to share with other users of the Services (the “User-generated Content”). You are solely responsible for the contents of any User-generated Content. You grant us a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, transferable, sub-licensable and licence to use, copy, modify, adapt, delete, publish, distribute, and otherwise make use of the User-generated Content in our sole discretion, without compensation or obligation to you. You confirm that the User-generated Content (i) is not obscene, (ii) does not defame, invade the privacy of, or infringe any rights of any kind whatsoever of any individual or entity; (iii) does not violate any law; (iv) is not subject to any obligation of confidentiality; and (v) does not contain any fraudulent statements or misrepresentations. We reserve the right (but undertake no obligation) to review, monitor, remove and/or report to the appropriate governmental authorities any User-generated Content at our sole discretion.

18. Our responsibility for loss or damage suffered by you

Limitation of liability. To the extent permissible by Icelandic law (and any other applicable law) we limit our liability in relation to any loss suffered by you in relation to the use of the Services to any payments received by us from you during the last six months from the time you make a claim against us.

Limitations to the Services. The Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Services. Although we make reasonable efforts to update the information provided by the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date.

Check that the Services and the Services are suitable for you. The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services are suitable for you.

We are not responsible for events outside our control. If our provision of the Services or support for the Services is delayed or disrupted by an event outside our control, then we will not be liable for such delays or disruptions.

19. We may end your rights to use the Services if you violate these Terms

We may in our sole discretion end your rights to use the Services at any time if you have violated these Terms.

If we end your rights to use the Services, you must stop all activities authorized by these Terms, including your use of the Services.

20. We may transfer this agreement

We may transfer our rights and obligations under these terms to another legal entity. We will inform you if this happens and we will ensure that the transfer will not affect your rights.

21. You need our consent to transfer your rights

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

22. Even if we delay in enforcing these Terms, we can still enforce them later

Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your violating these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

23. Applicable law and jurisdiction

These Terms are governed by Icelandic law. You can initiate legal proceedings in respect of the Services before the Icelandic courts. We can initiate legal proceedings against you before the Icelandic courts or before the courts of any other competent jurisdiction, as we may elect.

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