Helheim Games

Privacy Policy

06/2022

The Helheim Games team creates original and memorable experiences so that players can have fun, interact with others and take pleasure through our games, applications, websites and online services (collectively hereinafter referred to as our “Services”).

We collect your personal data so that you can benefit from our Services and we make it our duty to adhere to the rules of the game!

This privacy policy is designed to help you understand how your data is used, inform you of your rights and how to exercise your rights.

1. What is personal data?

“Personal Data” (or “Data”), is all information that identifies you:

  • either directly, for example, your last name, first name, email address or telephone number;

  • or indirectly, for example your account ID, IP address, cookie identifier or game data.

For more information about the Data that Helheim Games collects, go to Section 3 “When does Helheim Games collect your Data and for what purpose?”.

2. Can minors access our Services?

The age at which minors can create a Helheim Games account or have access to some of our Services depends on the personal data protection laws of each country.

Helheim Games does not knowingly collect or store any personal information from children under 13 in the US or under the relevant age threshold in other jurisdictions where the child is located. However, we may collect technical information required for delivering the service and for the support of our internal operations from all users of our Properties.

For more information, please see the article on the access and terms specific to minors in our Terms of Use of the Helheim Games Services.

3. When does Helheim Games collect your Personal Data and for what purpose?

We may collect your Data when:

a)      You create a Helheim Games account (hereinafter referred to as your “Account”).

We collect your user name, password, email address, date of birth and country. Some items of Data, such as your user name, are made public to allow your community to find you in our Services.

When you create your Account, you can manage your subscription to receive the Helheim Games newsletter by email. You can unsubscribe at any time by clicking on the unsubscribe link at the end of each newsletter,

You can rest assured that, even if you unsubscribe, you will still receive the necessary emails for the management of your Account (for example, if you forget your password).

b)     You sign in to our Services with social login or your credentials from a third party platform (for example, Facebook, Twitch).

We collect the Data that you have agreed to share via the social media site or third party platform in question.

c)      You make a purchase in our games and in our online services.

We collect the Data needed to process your purchase, such as your last name, first name, mailing and email addresses, country, bank details or wallet details and purchase history. This Data is sent to our partner service providers that are in charge of the payment and the delivery of your purchase (to learn more, go to Section 5 “How does Helheim Games share your Personal Data?”).

d)     You use our games, applications, websites and online services on a computer or mobile telephone.

We collect:

  • Your game data, to improve your experience and the security of our Services such as: achieved game levels, rewards, rankings, completed game missions, statistics including the game time or the use of the various features as well as the data associated with any bugs and malfunctions.

 

  • Your login and browsing data, to enable the operation and security of our Services, such as: visited pages, identifier of your device and the connection (IP address, MAC address), login dates and times, information concerning the browser and the operating system you use.

  • We use various types of technologies such as cookies to collect such Data when you use our Services or visit a third party site where we and our partners provide content or carry out content use analysis.

 

  • We allow some of our partners to set and access their Cookies on your device. These partners’ use of Cookies is subject to their own privacy policies and not this Privacy Policy.

 

  • To refuse Cookies or request their deletion as well as obtain the list of partners who are permitted to store and/or access these Cookies, please see the Cookies.

 

  • You can also adjust your browser settings to understand when these Cookies are stored on your device or to disable the Cookies by consulting your browser’s “Help” menu. Please note that these settings may affect your ability to shop online or to access certain features of our Services whenever these Cookies are needed for the operation of our Services.

 

  • Helheim Games, may on iOS games, integrate Apple’s TrueDepth API to provide you with the animoji feature. If you choose to use this feature, the TrueDepth API allows the game to use the camera of the iPhone to change your face for an in-game character face. No face data nor any other biometric data is stored or sent to Helheim Games servers or any third party. If you want to opt-out please consult Cookies

e)      You play a Helheim Games game on your console.

We may collect Data such as your age, country, user name and email address, which have been provided on your consoles in order to simplify the creation of your Account.

We also collect data transmitted by console manufacturers such as your console identifier, your game data as well as the data associated with any bugs and malfunctions.

f)       You interact with other players (forums, chat rooms, Helheim Games social media pages).

We collect Data such as your user name, IP address, the date, time, and we save the content of your messages to allow you to interact with other players in a secure environment.

g)      You are exposed to personalized advertisements or content on our Services or those of our partners.

We collect Data such as your age and gender, the advertisement and the number of times it was watched, its location in the game and the identifier of your device. We also collect information about your actions in relation to the advertisement, such as the sites visited as well as the dates and times of the visits.

We can combine the Data collected with our partners when you use our Services. We also combine this Data with demographic, advertising and market studies or with other analytic surveys.

We may also use all of your Data collected to offer you personalized advertisements, products, services or content (hereinafter referred to as “Personalized Content”) via our Services or those of our partners.

If you wish to withdraw your consent or object to the personalization of advertisements, please go to Section 6 “What are your rights and how do you exercise your rights”, then to the paragraph “Give and withdraw your consent”.

h)     You take part in a contest or survey organized by Helheim Games.

We collect your last name, first name, date of birth, mailing and email addresses.

We use this Data to administer the contest or the survey, to send you promotional offers and/or for internal statistical purposes.

i)      You contact us via the Helheim Games Customer Support portal or social media.

If you contact us via the Customer Support portal, we collect Data such as your last name, first name, user name, email address, date of birth, country, console identifier and games registered on your Account, depending on your questions or requests.

If you contact us via social media, we collect some of the Data included on your profile.

We only use this Data to appropriately respond to your questions and requests.

j)     You do not comply with the rules of the game.

When you use our Services, we ask that you comply with the Terms of Use of the Helheim Games Services and the codes of conduct associated with our Services which are intended to protect our users, employees and more generally Helheim Games’ rights.

If you do not abide by these rules, you may be sanctioned including in the event of inappropriate conduct, cheating or toxic behavior. We will keep your Data for the time needed to apply these sanctions. This Data may include for example your Account identifier, your game data, your IP address, the identifier of your device and your chat history.

 

4. How long does Helheim Games keep your Personal Data?

Unless the law specifies a different retention period, Helheim Games will only keep your Data for the time strictly necessary to carry out the operations for which said Data has been collected by Helheim Games.

For example, we will keep the Data associated with your Account until the closure of the Account. In some cases, the Data may be kept for a longer period such as when it is needed for us to apply a sanction.

5. How does Helheim Games share your Personal Data?

We may share your Data with:

  • Helheim Games subsidiaries involved in the administration of the Services.

  • The technical service providers involved in the supply of the Services (for example, product delivery, promotion of the Services, to act against inappropriate conduct, cheating and toxic behavior). As subcontractors, these service providers are under the same obligations as Helheim Games to comply with applicable personal data protection laws.

 

  • The partners who use your Data to provide you with personalized advertisements or Personalized Content.

    • To consult a list of Helheim Games’ partners, please see the Cookies.

    • To opt out of the sharing of your Data, please go to Section 6 “What are your rights and how do you exercise your rights”, then to the paragraph “Give and withdraw your consent”.

 

  • Other companies, only in the event of transfer of Helheim Games’ activities.

 

  • Administrative or judicial authorities, to verify the proper use of the Data by Helheim Games or for the purposes of an investigation, in compliance with applicable law. Helheim Games always verifies the legitimacy of the request.

 

In such cases, your Data may be transferred to countries located outside of the European Union who provide an equivalent level of protection. In the event of transfer to other countries, the protection of your Data is especially ensured by the signature of standard contractual clauses approved by the European Commission.

6. What are your rights and how do you exercise your rights?

  • Obtain a copy of your Data – “Right of access and data portability”: At any time you can request a copy of the Data associated with your Account. You may also consult the Data, use it yourself or transfer it to another service provider. Helheim Games has established a simple procedure for you to exercise your rights:

 

Please contact our community team here to receive the downloadable data package.

If you have been sanctioned in relation to our Services, we will not be able to give you access to the Data regarding your sanction so as to maintain our ability to detect or take action against such behavior.

 

  • Correct your Data – “Right to rectification”: You have the right to correct your Data when it is inaccurate or incomplete (for example, change your delivery address).

To do so, please simply contact our community team here and provide the correct data and our team will change it immediately.

 

  • Give and withdraw your consent – “Right to object and withdraw your consent”: At any time, you may withdraw your consent or object to the receipt of newsletters or advertising emails, the personalization of advertisements or the sharing of your Data with our partners (except for subsidiaries and technical service providers):

 

  • Delete your Account – “Right to erasure (right to be forgotten)”: You can request the closure of your Account and the deletion of the associated Data. 

To do so, please contact our community team here to continue with your request to  “Close your Helheim Games account”.

If you have been sanctioned in relation to our Services, we cannot delete the Data regarding your sanction as to allow us to maintain your sanction.

  • Limit the use of your Data – “Right to restriction of processing”: You also have the right to request that your Data no longer be used or not be deleted during the time we are processing your request. To do so, please contact the Helheim Games Customer support department here.

To exercise your rights if you do not have an Account or for any questions regarding the exercise of these rights, you can contact the Helheim Games Community Team at any time.

7. When can Helheim Games use your Data?

We can use your Data in one of the following circumstances:

 

  • Helheim Games’ legitimate interest (or reasonable expectations of users), to offer you the best possible user experience, such as to ensure the security of the Services, moderate the community, respond to your requests and questions or send you newsletters.

 

  • Your consent to offer you advertisements, products, services or personalized content depending on your user profile.

Helheim Games is entitled to change this policy at any time. We will inform you of the material updates and recommend that you consult this policy on a regular basis or contact us if you have any questions. Using our Services following such a change means that you accept any changes.

 

8. Contact

If you have any questions about this document, please contact:

  • The Data Protection Officer and his or her team here.

For any other questions, including if your question relates to the hacking of your Account, a problem with online payment or the use of our products and services, please contact Helheim Games Community Team.

Helheim Games has applied to be a licensee of the ESRB's Privacy Certified Program: https://www.esrb.org/EPCConfirm/912/. If you believe that we have not responded to your inquiry or your inquiry has not been satisfactorily addressed, please contact ESRB at: https://www.esrb.org/privacy/contact/ or by email at: privacy@esrb.org

9. Your California privacy rights

This privacy notice for California Residents supplements the information contained in this Privacy Policy and applies to visitors, users, and others who reside in the State of California. Consumers residing in California have certain rights with respect to their personal information under the California Consumer Privacy Act (“CCPA”).

Collection and Use of Personal Data: In the preceding 12 months, we have collected the following categories of Data: identifiers, personal information categories listed in the California Customer Records statute, commercial information, internet or other similar network activity, and geolocation data. For examples of more specific information we collect and the sources of such collection, please see Section 3 ‘When does Helheim Games collect your Personal Data and for what purpose?’ in the Privacy Policy. We collect your Data for the business and commercial purposes described in Section 3.

Disclosure of Personal Data: We may share your Data with third parties as described in the “How does Helheim Games share your Personal Data?” above. In the preceding 12 months, we have disclosed the following categories of your Data for business or commercial purposes: identifiers, personal information categories listed in the California Customer Records statute, commercial information, internet or other similar network activity, and geolocation data.

Sale of Data: California law requires that we provide transparency about your Data we “sell,” which for the purposes of the CCPA, means scenarios in which personal information is shared with third parties/partners in exchange for valuable consideration. In the preceding 12 months, we have “sold” the following categories of your Data, depending on how the CCPA is interpreted: identifiers, personal information categories listed in the California Customer Records statute, commercial information, internet or other similar network activity, and geolocation data.

Minors: We may share or “sell” your personal information as described in Minors of our Privacy Policy.

Your Rights and Choices: Some US states have enacted laws (including the CCPA) that give you the ability to opt out of the sale of your Data to third parties. In effect, this will disable targeted advertising provided by Helheim Games’ third-party partners, which means that Helheim Games will no longer share your Data with third-party partners to customize your advertising experience.

 Helheim Games enables you to do so by using the following privacy controls. 

  • On Helheim Games websites: please find on our Cookies the list of third parties that may implement and/or access cookies on your computer or mobile device. You can opt-out from third-party cookies at any time by clicking on the link “Set Cookies” at the bottom of each Helheim Games webpage. Switching the checkbox to “Off” for all cookies other than “Essential cookies” will prevent third parties from using cookies to track your activity on Helheim Games websites.
     

  • On mobile games: to opt out of the sale of your personal information on mobile game, please navigate to the “Privacy Settings” section in the game's Settings menu, then un-check the box “I accept that Helheim Games process my data for its own use and/or shares it with trusted partners for marketing purposes.” You may also opt out of the sale of your personal information directly in the settings menu of your telephone or tablet by activating “Limit Ad Tracking” on Apple telephones, or “Opt-out of Ads Personalization” on Android telephones. Helheim Games games also include mechanisms available for players to opt out from the sale of their game data. Please visit the settings menu of each game to learn more.

You can also opt-out of the sale of your Data by contacting our Community Team here

You also have the right to (1) request more information about the categories and specific pieces of Data we have collected, sold and disclosed for a business purpose in the last 12 months, (2) deletion of your Data, and (3) be free from discrimination for exercising your rights under the CCPA. To exercise your rights described above, please submit a verifiable consumer request to us as specified in our Privacy Policy.

If we need additional information to verify your identity, we will contact you to request that information. If we are not able to verify your identity, we will deny your request. If you would like to designate an authorized agent to make a request on your behalf, you must (i) provide the agent signed permission to do so, (ii) provide proof of your identity, and (iii) directly confirm you provided the authorized agent permission to submit the request. If we do not receive the above, we will deny the request.

California Consumers Requests – Metrics Reporting for 2020:
 

  • Right to Access:

    • Requests made in the United States: 0

    • Requests denied: 0

    • Average completion time: within 24hrs.
       

  • Right to Deletion:

    • Requests made in the United States: 0

    • Requests denied: 0

    • Average completion time: within 24hrs.

  • Right to Opt-out from the Sale of Personal Information:

    • Requests made in the United States: 0

    • Requests denied: 0

    • Average completion time: within 24hrs.
       

California Shine the Light Law: California Civil Code Section 1798.83 permits users of services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please submit a verifiable consumer request to us by sending an email to our legal team here.

California Rights for Minor Users: California Business and Professions Code Section 22581 permits you, if you are a California resident under the age of 18, to view, correct, or remove information provided by you or publicly posted by you.  To make such a request, please submit a verifiable consumer request to us by sending an email to our legal team here.

We may still retain your information to resolve disputes, enforce our user agreement, or comply with legal requirements.

California Do Not Track Disclosures: "Do Not Track" is an internet browser setting regarding tracking and your browser may allow you to set a DNT signal indicating that you do not wish your online activity to be tracked. As there are currently no agreed upon standards for the DNT signals or how to respond to them, our system does not support and cannot act on DNT signal headers that we may receive. However, the choices that we provide you concerning collection and use of your personal information will continue to operate as described in this Privacy Policy.

Helheim Games

Terms of Use of Helheim Games Services

06/2022

“WE ALL PLAY BY THE SAME RULES”

 

WELCOME TO THE HELHEIM GAMES WORLDS!

PLEASE READ THESE TERMS OF USE CAREFULLY.

 

Helheim Games teams create authentic and memorable experiences for our players to have fun, share and blossom through games, applications, web sites and online services (what we call our « Services »). To let you enjoy our Services, we crafted rules that apply to everything and everyone in our communities: you, other players and ourselves. You agree to this “Terms of Use” by using the Services and Content defined below.

 

1. What are the Helheim Games Services and Content? 

  1. The Helheim Games Services (“Services”) include the games, downloadable contents, season passes, and other game software (contained on disc or other physical medium or downloaded or streamed), and other software products and online and mobile services, including their online functions and other features, together with any of their update and upgrade, the related websites, the platform and any other Helheim Games platform, the live events hosted, the servers, software and the framework through which they are provided to you, currently or in the future, by HELHEIM GAMES, or any one of its subsidiaries or affiliated companies. (collectively “Helheim Games” or “we”).

  2. These terms of use (the “Terms”) govern your access to and use of such Services ("user" or "you"). By using the Services and Content (defined below), you accept and agree to comply with these Terms and any particular age and territorial criteria. Additional terms may be applicable to a specific Service, including for example the Terms of Sale of the Helheim Games Store, the End User License Agreement and code(s) of conduct (“Code of Conduct”). In addition, our Privacy Policy will give you a clear understanding of our use of the personal data we may collect from you during your use of the Services. Please make sure to read all these documents before accessing a Service. « Content » means any elements which are part of the Services, including but not limited to in-game items, customization elements, maps, avatars, all gameplay, graphics, music and sounds, text, all messages or items of information, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names. This includes elements created by you and other users, called User Generated Content (defined in Article 11); Helheim Games Virtual Currency (defined in Article 3.3) and Test Content (defined in Article 12).

  3. The Services and Content are licensed to you, not sold. This means we grant you a personal, limited, non-transferable and revocable right and license to use the Services and access the Content, for your entertainment, non-commercial use, subject to your compliance with these Terms. 

2. How to create an Account and what do you need to know when creating an Account? 

  1. You may need to create a Helheim Games account (an “Account”) to access and use certain Services, including to play online. You can create one by supplying accurate, complete and up-to-date information, including a valid email address. We may need to check the accuracy of these information, including by checking telephone numbers and e-mail address, notably to protect minors, other users and prevent risks of fraud. You agree to send the necessary documents (which may include a copy of your identity card or passport) by any means upon our request. If You need information or have any question regarding Your Account, please contact our Community Team here.

  2. Account Safety. Any use of your Account with your password, in particular any purchase of Services, will be deemed to be carried out by you. To ensure your Account safety: (i)Choose a strong alphanumeric password. For security reasons, we may refuse any password that isn’t strong enough to protect your Account. (ii)Choose a password that is different from any other password you use; and change it on a regular basis. (iii) Activate the 2-Step Verification and any other safety options we may provide in your Account settings. (iv) Never share your Account details (username, password…) with anyone. We will never ask you to reveal your password.  (v) Never authorize anyone to access and/or use your Account.

  3. You agree to inform us as quickly as possible of any unauthorised use of your username, password or other information of your Account and of any security violation involving the Services which comes to your attention.

  4. Username/Avatar creation. You may need to create a username and/or avatar to access and use certain Services. They will be linked to your Account and publicly displayed. We therefore advise you not to include your real name in your username. You cannot choose a username or an avatar which (i) is already used by another user or associated with another Account or (ii) contains “Hel” or “Helheim” or "Hell" or the Helheim logo. We reserve the right, at our sole discretion, to refuse any username and/or avatar you have chosen.

  5. Multiple Accounts. You must not create multiple accounts, except if we specifically allow it. In such case, you acknowledge that you will close your additional Account upon our request, or that we may terminate your additional Account.

 

3. What conditions apply to your use of our Services? 

  1. Forums. The Services may contain forums, information groups, chats or other types of online discussion areas (collectively known as “Forums”). When you use the Forums, you should be aware that your avatar, username and your messages will be public and viewable by any user who visits the Forums (unless you are in a private Forum). You send your messages at your own risk. You have sole responsibility for their submission, publication and dissemination. Keep these security measures in mind when communicating with other users in the Forums: (i) Never share information that can be used to identify you in real life. (ii) Never accept requests to meet in real life someone you have chatted with, especially if this person asks you to keep your conversations or the meeting a secret, and reject any invitation to join apps or channels outside the Services. (iii) Report any behaviour or content you find suspicious or inappropriate, including chats you had with another user that made you uncomfortable. (iv) Make sure to talk to someone from your close circle and use the blacklist feature, when available in a Service, to make sure you don’t receive unwanted messages.

  2. Helheim Games Store. We enable you to purchase products via our online store accessible at https://helheimgames.com/store or through HEL. We may limit your ability to purchase products based on multiple criteria including, but not limited to, your age, limited quantities of products available, etc. We may offer periodical promotions for which separate terms apply.

  3. Credits, virtual currency. We may license to you access or use of online or off-line elements of Services, including without limitation virtual points, coins or currencies (collectively "Helheim Games Virtual Currency"). When you obtain Helheim Games Virtual Currency from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Helheim Games Virtual Currency that we expressly make available to you. Helheim Games Virtual Currency has no monetary value and has no value outside of our Services. Helheim Games Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Content available on the Services. Helheim Games Virtual Currency is non-refundable, and you are not entitled to a refund for any unused Helheim Games Virtual Currency, except if required by law. Once you redeem Helheim Games Virtual Currency for Content, that Content is not returnable, exchangeable, or refundable.

  4. Wallet. We may make available to you on your Account an electronic wallet (the “Wallet”). Such Wallet is not a bank account nor a payment instrument and funds you may place on it: (i)do not constitute a personal property right, (ii) can only be used to purchase Content and Services from us, (iii) have no value outside of the Services and cannot be exchangeable for cash, and (iv) are, unless required by law, non-refundable and non-transferable. We may limit the maximum amount of funds: (i) you may have on your Wallet; (ii) you may add per day/month on such Wallet; and/or (iii) you may spend using your Wallet. We may update such limits from time to time, at our discretion.

  5. Prepaid Cards. We may enable you to purchase and/or redeem prepaid cards to purchase Content and/or Services and/or fund a Wallet. You may not be able to fund a Wallet by applying the value of a given prepaid card if your Wallet already reached the limits mentioned in Article 3.4.

  6. Technical Protective Measures – Internet connection – Digital Rights Management. We may protect certain Services by using technical protection measures and digital rights management, including for example, physical protection, watermarking, digital keys activation, direct entitlement. You may need a permanent high-speed internet connection to access online functions, play online and access and use some Content, including Content which may be unlocked once only with a unique key and certain Services incorporating Digital Rights Management technology.

  7. Mobile Services. You may access certain Services via certain mobile phones, smartphones, tablets and other compatible mobile terminals. To do so, you must have the permission of the person who pays the bill for the mobile terminal, and be provided with Internet access via such mobile terminal. Use of your mobile terminal may lead to connection costs for which we are not responsible. Certain Mobile Services offer you in-game purchases and micro-transactions. Your comfort may vary depending on the capacities and functions of your mobile terminal and the communications network. We cannot guarantee a comfort equal to that experienced when connecting to the Services via other devices.

 

4. How can we modify our Services? 

  1. General. We do not guarantee that the Services will be available at all times, in all locations worldwide, and/or on all devices. We do not guarantee that we will continue to offer any Service for any minimum period of time. We reserve the right to terminate all or part of the Services at any time.

  2. Modification of Services price. We reserve the right to modify the prices of the Services, including from a paid Service to a free-to-play one and vice versa. The new price applies only to orders placed after it has come into effect.

  3. Modification of access to Services and Content. (a) We may modify the Content for any reason, at any time, in particular for technical reasons such as updates, maintenance operations or resets to improve or optimize the Services. (b)We may ask or enable you to download software, updates, patches and/or other utilities and tools supplied by us or our licensors (the "Helheim Games Software").   We grant you a personal, non-transferable and non-exclusive license enabling you to use Helheim Games Software solely for the purposes of use of the Services, throughout the world and for the legal period of protection of the Helheim Games Software under Intellectual Property Rights. We may specify terms of use for this Helheim Games Software at the time at which it is made available to you. The performances of the Helheim Games Software and Services may vary depending on your equipment. We may from time to time supply you with updates or modifications of the Helheim Games Software that may be necessary for you to continue to use the Services. (c) Such modifications may affect the Services and/or your acquired rights or result in setbacks in the game environment. (d) We may also: (i) set a maximum number of days for which a Content will be stored as part of the Services; (ii) set a maximum volume of messages which can be sent or received by an Account; (iii) set a maximum memory capacity which will be allocated by our servers for your Account; (iv) set a maximum number of times you may access the Services, together with a maximum duration for each access during a given period.

 

5. What are our rules to sustain a friendly, safe and fair gaming environment and community? 

  1. We want to offer you and other users a welcoming, safe and respectful gaming environment, both during gameplay and at any time in our Services. This is particularly important for us, as we have users of different ages within our Services, including minors. For you and other users to feel part of such a friendly, safe and fair community, you must follow these rules (the “Rules of Conduct”).

  2. You may only use the Services for lawful purposes and for their anticipated use. You may not use the Services in any way that breaches any applicable law or regulation.

  3. Here is a non-exhaustive list of forbidden behaviours that may lead to investigation by our staff and may result in sanctions (as detailed in Article 6):

    1. Create an Account with false registration information (email address, birth date, etc.).

    2. Create, use inappropriate username or avatar. This includes for example the use of names, images: containing profanity, sexual references or hate speech language, condoning terrorism, fascism, child abuse; or that are in any way religious, political or prone to creating controversy or division.

    3. Impersonate any user or our representatives. This includes for example : create an Account with close similarity to another existing Account or user, with perceived intentions to impersonate such other user without his/her consent; make comments or create an Account causing other users to believe they come from Our representative or from someone having similar authority.

    4. Abuse, harass, bully users and/or our representatives (i.e. our employees, members of our community (moderators, star players, etc.)) via any forms of communications, (including for example, via tools to create Content, via Forums, in-game chat or over  voice chat and communication), on any medium in the Services and/or on any third-party sites. This includes for example: Trolling (posting intentionally controversial or off-topic posts with the intention of provoking others), Flaming (constantly insulting others), Spamming (posting nonsensical or off-topic posts or the same or similar messages over and over again), Using language or content deemed inappropriate, illegal, dangerous, threatening, abusive, offensive, obscene, sexually explicit, vulgar, defamatory, privacy-invasive, hateful, racist, sexist, homophobic, transphobic, ethically offensive or constituting harassment.

    5. Minors endangerment, and all inappropriate actions toward a minor, including : grooming (encouraging users to commit inappropriate or illegal acts in and/or  outside a Service); any comment, private message, UGC relating to inappropriate behavior toward minors, including for example physical or sexual abuse, pornography or any other disrespectful content; any other actions or comments listed in these Rules of Conduct that are directed to, or are about, minors.

    6. Use any means not expressly permitted by us to collect or intercept data of other users within the framework of the Services. This includes for example: (i) phishing (attempting to obtain users’ personal information, information concerning an Account or other information of a private nature from any user); (ii) doxing (revealing or otherwise reproducing or supplying to anyone another user’s personal information); (iii) online sniffing (theft or interception of data by capturing network traffic).

    7. Use any element infringing our or anyone’s Intellectual Property Rights or other rights.

    8. Leak of information, i.e. create, use, share and/or publish by any means, in and/or outside the Services, any content which would breach a duty of confidentiality, infringe an individual’s right to privacy or incite the committing of an unlawful act (e.g. piracy, cracking or circulation of counterfeit software).

    9. Sell, rent, market, arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, disseminate, repost, transfer, index, copy, extract and/or automate any information, software, product or other element of the Content and/or Services by any means without our express prior permission.

    10. Modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other users, or the functioning of the partner networks of the Services, or attempt to do any of the above. This includes for example performing Distributed denial-of-service (DDoS) attacks.

    11. Transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data, and/or organise, participate in or be involved in any way in an attack on our servers and/or Services and/or those of our service providers and/or partners.

    12. Use or circulation of “auto” or “macro” computer programs including, without limitation, any use and/or circulation of any cheat, hack, bot, script, trainers programs or software applications.

    13. Use or circulation of the Services via a mirror site.

    14. Any other kind of tampering that gives a user (and/or teammate(s)) an unfair advantage (e.g. wallhacks, aimhacks) or causes detriment to other users’ experience.

    15. Exploit another broadcaster's live broadcast in order to gain an unfair advantage or harass a broadcaster in-game, such as stream sniping.

    16. Any conduct which interrupts the general flow of gameplay in the game itself, any Forum or any Service, including, but not limited to: (i)spamming, (ii)“away from keyboard” (AFK), (iii) farming, (iv) advertising or soliciting other products, (v) in-game harassment and bad sportsmanship, including but not limited to team killing, rage quitting, blocking players’ interactions and/or any other in-game behaviour meant to disrupt or interrupt the general flow of gameplay.

    17. Exploitation of any glitches or bugs which provide an unfair advantage over other users or which threaten the general balance or the economy of the Service.

    18. Benefit from the help of other users or offer help to other users to obtain an unfair advantage. This includes for example: (i) teaming-up with cheating users; (ii) teaming-up with experienced users to increase your user level/statistics in areas of a game normally reserved to newcomers; (iii) creating an alternative Account in order to team-up with newcomers or less experienced users in order to unfairly help them increase their level/statistics.

    19. Purchase and/or otherwise exploit and/or promote unauthorized third-party benefits, such as “Match Making Ratio boosting services”.

    20. Access or aim to access parts of the Services not authorised by us;

    21. Create, supply, use alternative methods of using Services, e.g. via server emulators;

    22. Repost any previously moderated content on the Forums or other Services.

    23. Voice Communication Blocking, purposely using sound to disrupt voice chat for others.

    24. Bypassing regional restrictions of a Service with the help of proxy, VPN or other tools.

    25. Making inappropriate use of the “help” service or the claim/report buttons or send untruthful reports to members of our personnel, including customer support.

    26. Fraud, reversal of credit card charges or "chargeback" resulting in debt. A chargeback can include credit card theft, identity theft, or non-approved use by family or friends.

    27. Scam, try to fraud or mislead others to gain goods or money.

    28. Buy, sell, rent out, share, lend, trade or in any other way transfer your Account and/or the means of accessing it and/or in any way allow an outside party to benefit from it, either within the Services or on a third party website.

    29. Refuse to obey the instructions of our representative.

 

6. What sanctions can we apply to prevent and fight forbidden behaviors?

We may apply sanctions, in the event of violation of the Terms and/or of a Code of Conduct. The sanctions are decided on a case-by-case basis, based on multiple criteria, including but not limited to, the seriousness of the violation, the number of violations, and the impact of the violations on the Services, on other users and/or on our representatives.

Here is a non-exhaustive list of sanctions we may apply:

  1. Issuance of a warning,

  2. Disability of any username, avatar or password,

  3. Reset of your in-game progress to a previous state,

  4. Decrease of your Account level or of your level/points associated to a given Service,

  5. Remove your Access from particular features (including chats) on one or several Services,

  6. Issuance of a temporary ban of your Account from one or several Services,

  7. Issuance of a long-term ban of your Account from one or several Services,

  8. Prevention from accessing a specific or several Services on a particular device, and/or

  9. Suspension or closing of your Account and/or your ability to use one or more Services, or part of the Services, as further described in Article 8.2.

We may use our own and/or third-party anti-cheat solutions to detect non-authorized behaviours and/or apply corresponding sanctions.

We may restrict your access to all or part of the Services should we suspect that you engage in unlawful behaviors inside or outside the Services, in order to keep a friendly, safe and fair environment for our users.

In addition, we reserve the right to take legal action on grounds of civil or criminal responsibility in order to stop a breach of your legal or contractual obligations and obtain compensation for our losses. In particular, we reserve the right to prosecute any user who has deliberately damaged or attempted to damage the Services or disrupted the legitimate functioning of the Services or provided assistance for so doing.

 

7. How can you report forbidden behaviors and content?

  1. Report Content in violation of these Terms. If you consider that any Content made available on the Services does not comply with these Terms, you may report this to us by using the "Report" option, when available in the Service, or by contacting our legal team here. To assist us in quickly responding to your report, please include as much as possible: (i) The date of your report; (ii) Your surname, first name, address, and email address; (iii) The identification and description of the Content which is, in your opinion, contrary to these Terms, indicating its precise location; (iv) An indication of the reasons why you believe that this Content does not comply with these Terms and should be removed from the Services, citing the Article of these Terms along with proof where possible; (v) A declaration specifying that you believe that all the information in the report is correct.

  2. Report Content in violation of Intellectual Property Rights. We respect the Intellectual Property Rights of others and expect users to do the same. If you consider that any Content made available on the Services is violating your Intellectual Property Rights, you may report this to us by sending an e-mail to copyright-infringement@helheimgames.com, indicating the information listed below: (i) The information requested in Article 7.1; (ii) Evidence that you are authorized to act on behalf of the owner of the right(s) alleged to be infringed or if you are acting on behalf of your company, the type of the company, its name, its registered office and your function within the company; (iii) A clear identification of the work protected by your Intellectual Property Right(s) that you allege is infringed, as well as any element demonstrating the existence of your right(s); (iv) When applicable, information regarding any registrations of these rights or applications to register these rights, including the countries where registered or applied for, validity period and application or registration numbers; (v) Copy of the correspondence sent to the author of the disputed Content requesting its withdrawal or modification, or a justification that the author could not be contacted.

  3. Our response to your report. After receipt of a report, we reserve the right to act as we deem appropriate. We notably reserve the right to delete and/or deactivate the Content reported and to ask you and other users to cease using such Content. If we delete or deactivate any Content that you have published in violation of these Terms and/or of third parties’ Intellectual Property Rights, We reserve the right to apply sanctions as listed in Article 6.

Your acknowledge that knowingly wrongly making a false report of a Content in order to obtain its removal or to stop its dissemination on our Services is punishable by law.

 

8. Can your Account be terminated?

YES. Both at your initiative and ours.

  1. Termination of your Account at your initiative. You may terminate your Account at any time by contacting our community team here.

  2. Termination of the Account or access to Service(s) at our initiative. We may suspend or close your Account and your ability to use one or more Services or part of the Services, at any time, automatically and at our sole discretion where: (i) we have formally requested that you provide us with proof of your identity or to cease an action, behavior, or breach of these Terms; (i)we have reasonable grounds to believe that you have violated these Terms (including the Rules of Conduct) or any specific terms and conditions relating to any Service; (ii) for any other reason in relation to your actions in or outside of the Services; (iii) upon notification, where your Account has been inactive for more than six months. Should you have more than one Account, we reserve the right to suspend or close all of your Accounts once one has been suspended or closed by us under this process.

  3. Consequences of the Termination/Suspension of an Account. (i) You cannot use the Services and Content anymore. (ii) You will lose, and we may delete, your profile and the related information you have passed on to us, together with any Content you may have published, uploaded, made available on the Services, notably your username, avatar(s), and UGC.  (iii) We reserve the right to store personal data relating to your profile for a reasonable period of time, as detailed in our Privacy Policy. (iv) We may not allow you to create an Account again without our express permission, at our discretion, through asking community team. (v) In the event of termination of your Account, you will no longer have access to your Account and you will lose all your save files and in-game progression related to the Services. (vi) In the event of termination of your Account or of Service(s) associated with your Account, no credit (such as for unused Services, unused subscription period, unused points or Helheim Games Virtual Currency) will be credited to you or converted into cash or any other form of reimbursement.

 

9. What about access to our Services by minors?

  1. If you are a minor in your country of residence, you should read these Terms with the help of your parent or guardian.

  2. If you are a parent or guardian, we recommend that you monitor your children’s gaming activities, in particular online and that you familiarize yourself with the parental controls that may be made available by us and/or our partners. We encourage you to visit our “parents corner”, a page we have developed in collaboration with experts, players and parents, available at https://helheimgames.com/parents, to answer some of the frequently asked questions we receive and provide tips and guidance.

  3. We may restrict access to certain Services on age grounds, and for minors under a certain age, we may allow you to register for certain Services only with consent from your parent or guardian.

  4. As far as is permitted by law, we accept no responsibility regarding any activities which may be conducted by minors without the permission of their parents or legal guardians. In all cases, all use of the Services by minors is the responsibility of their parents or legal guardians. If you are a parent or legal guardian and you give your permission for your child to register for the Services, you thereby agree to the Terms relating to use of the Services by your child.

10. What Intellectual Property Rights are attached to our Services & Content?

  1. The Services and Content are protected by national and international laws and treaties. Except as expressly set out in these Terms, we, and our licensees and licensors, reserve our respective Intellectual Property Rights (defined below) in the Services and the Content. Any reproduction or representation of these elements in any way and for any reason is prohibited without our prior permission. "Intellectual Property Rights" are patents, rights to inventions, copyright and related rights, trademarks, trade names, neighboring rights, right of publicity, commercial secrets, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.

  2. You may submit reviews, comments, suggestions, proposals, materials or other feedback (“Submissions”) on or outside the Services. We appreciate your enthusiasm but you acknowledge that we have no obligation concerning unsolicited Submissions, including but not limited to, no obligation to accept, consider, review or return any materials or acknowledge receipt of any Submissions. You agree that products, services or features developed or published by us might appear to be similar or identical to such unsolicited Submissions. 

 

11. What are the conditions applicable to the Content you may create / upload on our Services? 

In certain Services, you may create, upload, edit, modify, adapt, publish and/or submit names, images, designs, skins, photos, videos, maps, music compositions/sheets, streams, activities and other materials ("User Generated Content” or “UGC”). You warrant that your UGC will comply with these Terms at all times, during and after its creation, and with any additional terms that may be applicable. This section will continue to apply after any termination of your Account and/or termination or suspension of a Service.

  1. UGC that you produce from pre-existing Helheim Games Content (“Derived UGC”). (a) We are the sole owner of all Intellectual Property Rights relating to Derived UGC. (b) You hereby irrevocably assign to us, with full title guarantee, free of charge, all Intellectual Property Rights and rights of use you may have over Derived UGC, on a worldwide basis and for the period of protection of each right. (c) We may file or register any application for Intellectual Property Rights relating to Derived UGC in our name, in all countries in the world. in this respect, you must: (i) sign and supply any document in particular, deed of transfer, requested by us for all registration purposes ; and (ii)provide all necessary assistance to us, at our expense, in any related action or procedure. (d) In the event that a competent court rules that some or all of your rights in Derived UGC cannot be validly transferred to us, you hereby grant us a perpetual, royalty-free, exclusive, irrevocable, transferable, sublicensable to other users, worldwide license to use, copy, host, reproduce, represent, modify, display, distribute, publicly perform, publicly display and, in general, otherwise exploit, online and offline, Derived UGC for any purpose, without you necessarily being mentioned as the source of such Derived UGC. (e) You cannot use the Derived UGC other than under the Terms. We hereby grant you a non-exclusive and non-transferable personal license, revocable at all times, to use Derived UGC you have produced throughout the world and for the duration of your use of the Services, solely in order to: (i) record it on your console, computer, mobile terminal or any medium you use to access the Services, (ii) load it on the Services, and, (iii) share it with other users on the Services.

  2. UGC featuring your image. If your UGC reproduces your image, you acknowledge that we have a right to use your image as part of the Services throughout the world and for the whole duration of the Services. If your UGC features the image of any person other than yourself, you warrant that you have received the permission of such person for the use of his/her image by us, and you indemnify us for any losses which we may incur in the event of a complaint, action or claim by such other person concerning the use by us of his/her image, derived from your UGC.

  3. UGC you create independently from pre-existing Helheim Games Content (“Independent UGC”). You hereby grant us, and our licensees, distributors, partners, agents, representatives a perpetual, royalty-free, non-exclusive, irrevocable, transferable (in whole or part) worldwide license to use, copy, host, reproduce, represent, modify, display, distribute, publicly perform, publicly display and, in general, otherwise exploit, online and offline, Independent UGC (including all Intellectual Property Rights therein) in whole or in part, for any purpose.

  4. In all cases for both Derived UGC and Independent UGC. (a) Unless otherwise specifically authorized by us, the ability to create UGC is part of the Service we offer and does not entitle you to any payment or any other kind of monetization/benefits (e.g. Helheim Games Virtual Currency, in-game items, etc.), including when the UGC is made available to other users; (b) You warrant to us that your UGC: (i) does not infringe the Intellectual Property Rights or other rights of any third party, (ii) does not constitute an act of unfair competition; and (iii) does not require that we obtain further licenses from or pay royalties or compensation to or provide any attribution to any third parties; (iv) You warrant that you are personally responsible for the UGC you create, use and/or publish while using the Services and that the indemnification provisions of Article 15.2 will apply to your UGC; (v) Unless and until we remove your UGC, it may be associated with your username and will be made available to users; and (vi) To the extent permissible under applicable law, you waive your moral rights in all your UGC and any broadly equivalent rights you may have in any territory of the world, and you vouch for the obtaining of the same agreement from any other person who might invoke moral rights over your UGC.

12. Can you take part in our tests?

YES. We may propose that you test the Services or Contents not yet commercially released (for example during alpha and beta phases, playtests, etc.), in order to identify bugs and errors and/or help improve their functioning (“Beta Tests”). If you are eligible and agree to take part in a Beta Test:

  1. You will first sign and return to us a confidentiality agreement and any other document that we deem appropriate.

  2. You recognize that the beta version of the Contents and Services (“Test Contents”) belong to us and are highly confidential.

  3. We may ask you for your reactions and suggestions. All such reactions and suggestions communicated to us in the course of the Beta Tests will be our exclusive property.

  4. Test Contents are supplied to you “as is” and “according to availability” without any explicit or implicit guarantee of any kind. You understand that you use the Test Contents at your own risk, that they may include bugs and that your progression and data associated to the Beta Test may be erased at any time.

  5. You agree that any violation of your obligations for Beta Tests would cause us irreparable damage and that we would be entitled to take any action to prevent any breach or risk of a breach of your obligations or to obtain compensation for the damage incurred, without prejudice to the right to terminate your Account.

 

13. Do we monitor our Services?

We are not responsible for and do not endorse the opinions, advice and/or recommendations displayed or sent by users on the Services, including in any public Forum. Such communications are the sole responsibility of the concerned users.

Subject to the applicable legal requirements, we do not undertake to monitor the Content, UGC, messages and other information made available on the Services by users. We may, though are not required to, oversee, monitor or moderate our Services, particularly on website home pages and Forums. In any event, we do not warrant the validity, originality, accuracy or usefulness of any Content, message and/or UGC.

 

14. Can you access our Services via third parties and third party content via our Services?

YES. You may access certain Services via the services/platforms offered by third parties (i.e. console manufacturers, streaming services, etc.). The terms of these third parties will govern your behavior when you access the Services through their services/platforms and, in the event of a conflict with these Terms, the terms applicable to the services/platforms offered by these third parties take precedence.

We may also display certain third party products, services and/or content by inserting, in our Services, promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of our choice.

In both cases, we may not be held responsible for such third party services, products and/or content.

 

15. In case of dispute, what conditions apply to liability, indemnity and compensation?

  1. Limitation & Exclusion of Liability.

  • You expressly acknowledge that your use of the Services and Content is at your own risk.

  • The Services are supplied “as is”, without any guarantees, conditions, warranties or other terms as to:

    • their suitability for a particular use;

    • their market value;

    • the absence of interruptions or errors, bugs, viruses or harmful elements, or that errors, bugs, viruses or harmful elements will be corrected; and/or

    • your satisfaction.

  • We hereby expressly exclude:

    • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

    • any liability for loss or damage suffered in connection with your use of the Services or any related third party service. This includes all losses of any kind (direct, accidental, incidental, consequential and/or indirect), whether in tort (including for negligence or breach of statutory duty), contract and/or misrepresentation (whether innocent or negligent).

    • Nothing above prevents claims for damage to your tangible property.

  • Your sole remedy in the event of a dispute with us is to: if applicable, seek damages for your losses; and cease to use the Services and terminate your Account.

  • When we acknowledge that a Content you purchased is unusable due to our fault, our liability will be limited to providing you with a Content of an equivalent value, chosen by us.

  • Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

IF YOU ARE AN AUSTRALIAN CONSUMER:

1. Limitation & Exclusion of Liability.

  • You expressly acknowledge that use of the Services and games is at your own risk.

  • Nothing in these Terms restricts, excludes or modifies, or purports to restrict, exclude or modify and statutory consumer rights under any applicable law including the Australian Competition and Consumer Act 2010 (Cth). To the extent permitted by law, the Services are supplied "as is", without any conditions, warranties or other terms as to:

    • their market value;

    • the absence of interruptions or errors, bugs, viruses or harmful elements, or that errors, bugs, viruses or harmful elements will be corrected; and/or

    • your satisfaction.

  • In particular, We do not exhaustively check Content, in particular UGC, or the words that you or other users publish via the Services, including without limitation on the Forums, or your actions within the framework of the Services.

  • To the extent permitted by law, and subject to the terms of this Article, we hereby expressly exclude:

    • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

    • any liability for loss or damage suffered in connection with the use of the Services or any related third party service. This includes:

      • all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise;

      • direct loss;

      • accidental loss,

      • incidental loss;

      • consequential loss; and

      • indirect loss.

    • Nothing above prevents claims for damage to your tangible property.

  • Our goods come with guarantees that cannot be excluded under the Australian consumer law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

  • Subject to applicable laws and the terms of this Article, your sole remedy in the event of a dispute with Us or our licensors is to:

    • cease to use the Services and terminate your Account; and

    • if applicable, seek damages for your losses.

  • When we acknowledge that a Content you purchased is unusable due to our fault, our liability will be limited to providing you with a Content of an equivalent value, chosen by us.

  • Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law

 

2. Indemnity & Compensation.

  • You agree to defend, indemnify and keep us and our licensors, licensees, assignees and successors in title and their respective employees, officers or directors, our respective subcontractors and Content suppliers (collectively the “Affiliates”) indemnified from and against any claim or alleged claim, all liabilities and damages and all costs, including lawyers’ fees, following and/or resulting from a violation of these Terms for which you are responsible, or related to your behavior on the Services, including relating to your UGC.

  • Without limiting the generality of the foregoing, you agree to defend, indemnify and keep indemnified us and our Affiliates in the event of inappropriate or illegal use of your Account, including by someone you have authorized to use your Account. You agree to be held personally responsible for your use of the Services and for all your communications and activities on the Services, including the Forums.

  • We reserve the right to take sole conduct, at our own expense, of any claim which you have indemnified us of or which may give rise to compensation by you. You agree in such case to fully collaborate with us upon request in defense of our interests. 

 

3. The provisions of this Article 15 remain valid and in force after termination of these Terms or of Your Account.

 

16. Is there other information you need to know? 

YES. See below the other general information governing these Terms. If you do not find the information you are looking for in these Terms, you may find it at https:.//helheimgames.com/legal

  1. Modification of the Terms. We may revise these Terms at any time for security, legal, best practice and/or regulatory reasons. We will not use this right to make substantial changes to the Terms, affecting your rights, without giving you a chance to agree. If you do not agree to the changes made to these Terms, you shall terminate your Account as set out in Article 8.1. You should check for revisions to the Terms regularly as they are binding on you. Any use of the Services subsequent to revised Terms coming into force implies acceptance of the revised Terms.

  2. Severance. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it was deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect our initial intentions.

  3. No Waiver. Waiver of a right or remedy may be considered to have taken place only after the signing by us and you of a written statement to this effect. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

  4. Entire Agreement. (a) In entering into these Terms, neither party has relied upon and does not rely on any statement, representation, assurance or warranty (“Representation”) of any person other than as expressly set out in these Terms. (b) Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract. (c) These Terms and all rules or instructions published online concerning a Service contain the entire agreement between us and you with respect to the subject matter hereof and supersede and cancel any and all prior or contemporaneous oral or written understandings, negotiations and agreements. (d) Nothing in this Article shall limit or exclude any liability for fraud or fraudulent misrepresentation.

  5. Dispute Resolution. Alternative Dispute Resolution. In the event of disputes or claims in connection with these Terms, the European Commission provides a platform, facilitating the independent and out-of-court settlement of online disputes between European Union consumers and professionals, accessible at the following address: https://ec.europa.eu/consumers/odr/. Law and Jurisdiction. These Terms, your Account and any disputes or claims arising in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim.

  6. Force majeure. We shall have no liability under these Terms if we are prevented from, or delayed in, performing our obligations or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, failure of a telecommunications network, act of God, war, riot, pandemic, malicious damage, compliance with any law or governmental order, accident, fire, flood or default of sub-contractors.

  7. Contact. You can access these Terms at https://helheimgames.com/legal. For any question concerning these Terms, any Service or Content, you may contact us at: legal@helheimgames.com.

 

THESE TERMS ARE APPLICABLE ONLY TO THE EXTENT AUTHORED BY LAW.

Helheim Games

Terms of Sale of Helheim Games Stores

06/2022

Please read these Terms of Sale carefully before purchasing from a Helheim Games Store (as defined below). If you do not agree to these Terms of Sale, you must not order through the Helheim Games Stores.

 

  1. Scope. These Terms of Sale (the "Terms of Sale") shall govern all purchases of software products and digital content, including without limitation, video games (whether supplied in a tangible medium, through a digital key or through download), subscriptions services, in game currency, additional or downloadable content such as season pass, year pass, add-ons, customization elements, Helheim Games collectibles such as figurines, toys, books, t-shirts and other accessories (altogether the "Helheim Games Products"), any of which is available on our different stores, whether (i) on our online store and within the Helheim PC application or (ii) on any other Helheim Games affiliated website, app or game where the Helheim Games Products are available for purchase (a "Helheim Games Store" and altogether the "Helheim Games Stores"). These Terms of Sale are between you ("you") and Helheim Games, and any one of its parent, subsidiary or affiliated companies. ("Helheim Games" or "we", "us", "our" used herein all relate to Helheim Games). Our customer support can be reached at here. This Helheim Games Stores are owned and operated by Helheim Games, as defined above. These Terms of Sale are incorporated by reference to the Terms of Use of Helheim Games available at "Terms of Use". All capitalized terms used but not defined herein shall have the meaning given to them in the Terms of Use. Certain Helheim Games Products are subject to the acceptance of an End User License Agreement ("EULA") and any other additional terms, which will be available to you before you can access, download, install or use such Helheim Games Product. Helheim Games’ Privacy Policy is an integral part of these Terms of Sale and can be found here ("Privacy Policy"). Please read it carefully to understand our views and practices regarding your personal data and how we will treat it. When you purchase on the Helheim Games Stores, we grant you a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to use the Helheim Games Products. Helheim Games Products may also be purchased from third parties authorized by us to sell such Helheim Games Products. When you purchase Helheim Games Products from a third party, your purchase is with that third party and not Helheim Games.  Terms and conditions of sale of such third party will bind you for your purchase. Please make sure to read them carefully before placing an order on such third party site. Please note that these Terms of Sale do not apply when you purchase additional content on our Services by using your in-game currency.

  2. Order and Terms of payment Steps to Order. Only individuals acting outside of their trade, business, craft or profession are allowed to order Helheim Games Products on a Helheim Games Store. To make a purchase on a Helheim Games Store, simply browse through the Helheim Games Products available on the Helheim Games Store and click on the Helheim Games Products that you wish to buy to add them to your shopping basket. After you have finished shopping, click on "Checkout" and you will be asked to log in or create a personal Helheim Games Account ("Account") before providing additional information needed to complete your order. For more details on how to open an Account, please refer to our Terms of Use, accessible here. Your Representations. By clicking the "Buy" button on the applicable Helheim Games Store, you (a) acknowledge that (i) your order will be bound by these Terms of Sale, (ii) you  authorize us to charge you for your order and (b) represent that (i) you have legal capacity to enter into a contract with us or have obtained the consent from your legal guardian to enter into such contract, (ii) you provided true and accurate information during the ordering process, (especially, you will not use VPNs or other methods to manipulate your true location). As applicable, we reserve the right to ask you for more information to confirm that your order has been authorized by your legal guardian.

  3. Acceptance of your order. Once you have clicked the "Buy" button, your order will be transmitted to us. Your order is an offer to us to buy the Helheim Games Product(s) in your order. Once your payment has been processed, you will receive a purchase confirmation email and the corresponding Helheim Games Product will be delivered or made available to you (as further detailed in Section 3), in accordance with your order. On dispatch of Games Products supplied on a tangible medium, you will also receive a dispatch confirmation email. Your order is only deemed accepted by us when we send you our dispatch confirmation email (for Helheim Games Products supplied on a tangible medium) or our purchase confirmation email (for Helheim Games Products not supplied on a tangible medium) (in each case, "Acceptance") and our Acceptance will only concern the Helheim Games Product(s) identified in such email and not any other Helheim Games Product(s) included in your order.

  4. Pricing. All prices, discounts and descriptions made available on the Helheim Games Stores are subject to availability, and may be withdrawn or revised at any time. While we try to be as accurate as possible in the descriptions regarding the Helheim Games Products, there may be errors in the information displayed to you. For that reason, we reserve the right to notify you of any errors in Helheim Games Product descriptions or in Helheim Games Products price prior to the Helheim Games Product delivery. In the event the price or description of the Helheim Games Product is incorrect, we will contact you before delivery to request whether you want to buy the Helheim Games Product (at the correct price or specification) or cancel your order. We shall have no further obligation or liability to you in respect of such incorrect product descriptions or prices.

  5. Taxes. Price of the Helheim Games Product is inclusive of any and all applicable sales and use taxes. Unless otherwise specified on the Helheim Games Product page, price of the Helheim Games Product is exclusive of the costs of shipping or carriage to the place of delivery (as accepted by us) which (where applicable) will be added to the price payable by you.

  6. Payment methods. We offer various payment methods on our Helheim Games Stores, some of which are managed by third-party payment and billing providers for which additional terms and costs may apply. Please review such additional terms and costs carefully. You may also be required to create an account with such third-party provider. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you. For the purpose of preventing fraud and/or payment means abuses, we may share with our technical partners certain of your personal and purchase information, in accordance with the Privacy Policy. We reserve the right to suspend and/or revoke your Account and/or to restrict you from placing orders in the Helheim Games Stores and/or to restrict you from using certain payment methods, if we reasonably suspect that you have undertaken (or are attempting/have attempted to undertake) a fraudulent transaction. Some payment methods available on the Helheim Games Stores are non-refundable payment methods.

  7. Delivery of Helheim Games Products. We will only deliver the Helheim Games Products to you once we have received payment in full for the relevant Helheim Games Products.

  8. Custom duties. Where Helheim Games Products over a certain value are shipped from outside the European Economic Area (EEA) (for example where their value is deemed to be in excess of your personal import allowance), you may be subject to customs charges, import duties and taxes, levied when the Helheim Games Product reaches your specified destination. You shall bear any such additional charges for customs clearance or import duties or taxes. You should contact your local customs office for further information on customs policies or duties.

  9. Withdrawal right. Only If you are located in the European Union, in the United Kingdom or where a legal withdrawal right is offered, and except where one of the exceptions listed at Article 2.8.4 applies, you may cancel your order for any reason within 14 calendar days: (i) in the case of a Helheim Games Product supplied on a tangible medium: from the day after the day on which you received such Helheim Games Product; or (ii) in the case of a Helheim Games Product not supplied on a tangible medium: (e.g. digital content or digital service), from the day of the conclusion of the contract of sale (or from the day the Product is available in the event of pre-purchases, see Section 2.9). Please note that if you add funds to your Helheim Games Wallet, your right of withdrawal expires after 14 days from the date of purchase or as soon as you start using the funds in whole or in part, whichever the earlier (more information available at Wallet Terms.)

  10. Exercise of your withdrawal right. To exercise your withdrawal right, you must notify Helheim Games of your decision to withdraw from your order: by contacting our Sales team here. You must exercise your withdrawal right before the expiration of the 14-day period.

  11. Order return. (i) You must send off the Helheim Games Product supplied on a tangible medium, in its original condition, without undue delay and in any event no later than fourteen (14) days after the day on which you informed us of your decision to exercise your withdrawal right. Return costs are covered by us, we will send you a pre-paid shipping label. (ii) Helheim Games Products not supplied on a tangible medium will be automatically removed from your library of Helheim Games Products.

  12. Refund. (i) Refund of a Helheim Games Product supplied on a tangible medium. If you have complied with the requirements of this Section, we will refund you no later than 14 days from the day after we receive the Helheim Games Products back from you (or you provide us satisfactory evidence of having done so, whichever is the earliest). We will also refund the standard costs of delivery of the Helheim Games Product to you, but not any additional delivery costs you paid above our standard delivery charges. We will carry out such refund using the same payment method as you used for your purchase unless you have agreed otherwise. Please note that we may deduct from any reimbursement an amount equal to any diminishment in value of the items as a result of you handling them beyond what is necessary to establish the nature, characteristics or functioning of the items. (ii) Refund of a Helheim Games Product supplied as a digital content. If you have complied with the requirements of this Section, we will refund you of all sums spent for your order upon removal from your library of such Helheim Games Product. (iii) Refund of a Helheim Games Product supplied as a digital service. If you have complied with the requirements of this Section, we will refund you prorata temporis no later than 14 days after you withdraw from you subscription. It means that you will receive a partial refund based on how many days you kept your subscription before requesting a refund. We will deduct a corresponding amount for the period of time you had access to your subscription before exercising your withdrawal right. 2.8.4 Exceptions. You will not be able to exercise your withdrawal right in the following cases: (a) for Helheim Games Products supplied on a tangible medium, once the seal has been removed from the packaging of the product; or (b) for Helheim Games Products not supplied on a tangible medium, when you have expressly (i) accepted the immediate performance of the contract and (ii) acknowledged that you would lose your right of withdrawal from this contract; or (c) if a Helheim Games Product has been customized specifically for you.

  13. Pre-purchases. For certain Helheim Games Products which are in development and not yet released, we may make such Helheim Games Product available to you for pre-purchase. We may charge you the full price of the Helheim Games Products at the moment of the pre-purchase. In the event you pre-purchased a Helheim Games Product supplied on tangible medium, you will be entitled to cancel your pre-purchase until thirty (30) days before the official release date of such Helheim Games Product, as cancellation is not possible once we start preparing your order. This applies without prejudice to your right of withdrawal, as further detailed in Article 2.8 and to any other right to ask for a refund for purchased products granted to you by the applicable law, if any. In the event you pre-purchased a Helheim Games Product not supplied on a tangible medium, you will be entitled to cancel your pre-purchase and request for a refund at any time before the release of such Helheim Games Product.

  14. Delivery and Returns. Time frame. We will use reasonable endeavors to deliver your Helheim Games Product within the time frame indicated on your purchase confirmation, but you acknowledge that this delivery time frame is an estimate. Unless stated otherwise in your order, you acknowledge the on-time delivery is not an essential condition of your order. 'Reasonable endeavors' means that we will seek to deliver the Helheim Games Products within a reasonable time, which shall not exceed 30 days from the moment you place your order (namely, when you clicked on the "Buy" button). If we are unable to deliver the Helheim Games Products within such time frame, we will notify you and you may specify a further delivery period which is appropriate taking into account the circumstances. If we do not deliver the Helheim Games Products within any such further delivery period, you may cancel your order and receive a refund.

  15. Right to reject and lost-in transit packages. We recommend that you carefully check the Helheim Games Products upon delivery to ensure that they are in satisfactory condition, in accordance with their description and corresponding to your order. Generally, according to your statutory rights, you may return purchased Helheim Games Products if: (i) the Helheim Games Product or any part thereof is faulty, has been damaged or lost in transit; (ii) there are defects in the Helheim Games Product, as long as such defects are not being caused by your use of the Helheim Games Product outside its intended or recommended use or contrary to its manual; or (iii) the Helheim Games Product does not match the description of the product page available on the Helheim Games Store. (iv) the Helheim Games Product supplied as a digital content or as a digital service does not meet the subjective and objective requirements of conformity Helheim Games shall not be responsible for any damage or losses arising from (i) use of the Helheim Games Products in connection with other defective, unsuitable or defectively installed equipment, (ii) your negligence, (iii) improper use of the Helheim Games Products and/or (iv) use in any manner inconsistent with the specifications, manual or instructions. In such cases, you shall not be entitled to return the Helheim Games Products nor to get a refund, replacement or repair (as applicable). When you are entitled to return the Helheim Games Product, depending on whether such Helheim Games Product consists of digital content or a physical product, we will offer either, a refund, repair or replacement of the concerned Helheim Games Product in accordance with your statutory rights.

  16. Limitation of liability. If we fail to comply with these Terms of Sale, we shall only be liable to you for the purchase price of the Helheim Games Product(s) and any proven losses you suffer (such losses to equal no more than £20) as a result of Helheim Games' failure to comply with these Terms of Sale. We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: (a) loss of income or revenue; (b) loss of business; (c) loss of profits; (d) loss of anticipated savings; (e) loss of data; or (f) any indirect or consequential loss. Nothing above prevents claims for damage to your tangible property. Nothing in this Section affects our liability for death or personal injury arising from our negligence, or our liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

  17. Customer Support. If you have any question concerning your order or with regards to these Terms of Sale you can contact our Customer Support at here. We do not currently participate in the alternative dispute resolution procedure (ADR). You may obtain more information on this procedure here.

  18. Miscellaneous. Force majeure. We  shall have no liability under these Terms of Sale if it is prevented from, or delayed in, performing our  obligations or from carrying on our  business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our own workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors. Law and Jurisdiction. To the extent permitted by applicable law, these Terms of Sale and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England. You irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims).

  19. Revision of the Terms of Sale. We reserve the right to modify these Terms of Sale and other notices contained on the Helheim Games Stores, at any time, temporarily or permanently and entirely at our own discretion. The Terms of Sale that apply to your purchase are the ones in force at the time of your purchase. Any change of these Terms of Sale will not apply retroactively to purchases that you made before the Terms of Sale were modified.

  20. No Waiver. No failure or delay by us to exercise any right or remedy provided under these Terms of Sales or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by us or by you.

  21. Severance. If any court or competent authority finds that any provision of these Terms of Sale (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of Sale shall not be affected. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect our initial intentions.

  22. No assignment. You may not transfer your rights under these Terms of Sale to anyone else without our prior written consent.

 

Thank you for shopping on the Helheim Games Store.

If you have any questions, feel free to contact us here.

Helheim Games

END USER LICENSE AGREEMENT (EULA)

06/2022

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. This End User License Agreement (“EULA”) governs your use of the video game, application, software, their associated upgrades, patches, and updates and related services (the “Product”) currently provided or which will be provided by HELHEIM GAMES, or any one of its subsidiaries or affiliated companies. (collectively referred to as “HELHEIM GAMES").

This EULA sets out the basis on which HELHEIM GAMES makes the Products available to you (“User” or ”You”) and on which You may use them. HELHEIM GAMES’ Privacy Policy (« Privacy Policy ») which can be found here, forms an integral part of this EULA. By installing or using the Product, You agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all time. If You do not agree with one of these, please do not install or use the Product.

If You have a HELHEIM GAMES Account (“Account”), this EULA shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern.

HELHEIM GAMES reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.

Capitalized terms used in this EULA without definition shall have the meanings specified in the Terms of Use.

1. GRANT OF LICENSE.

  1. HELHEIM GAMES (or its licensors) grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the Product (in whole or in part) and any Product (the “License”), for such time until either You or HELHEIM GAMES terminates this EULA. You must in no event use, nor allow others to use,the Product or this License for commercial purposes without obtaining a licence to do so from HELHEIM GAMES. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD. As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms: for instance, if the Product is featuring a VoIP application, then You must comply with the associated wireless data service agreement when using the Product). Please review such additional terms and costs carefully.

  2. You shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product (except if the Product enable You through a specific feature to create, generate or submit User Generated Content and for which You will need to create an Account and comply Terms of Use), in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.

  3. While using the Product, You agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by HELHEIM GAMES. In all cases, You may only use the Product according to anticipated use of the Product. For example purposes, and without limiting HELHEIM GAMES’ rights to take action against You, You may not:

  • create, use, share and/or publish by any means in relation to the Product any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);

  • modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;

  • transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in or be involved in any way in an attack on HELHEIM GAMES’ servers and/or the Product and/or those of its service providers and partners;

  • create, supply or use alternative methods of using the Products, for example server emulators;

  • spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature;

  • transmitting or communicating any material or content which, in the sole and exclusive discretion of HELHEIM GAMES, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;

  • harassing or threatening any other users in the Product;

  • make inappropriate use of the help service or the claim buttons or send untruthful reports to members of HELHEIM GAMES’ personnel;

  • falsely claim to be an employee or representative of HELHEIM GAMES or its partners and/or agents;

  • falsely claim an endorsement in connection with the Product or with HELHEIM GAMES.

2. OWNERSHIP.

All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by HELHEIM GAMES or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, HELHEIM GAMES’ licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without HELHEIM GAMES’ prior permission and, if applicable, HELHEIM GAMES’ licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by HELHEIM GAMES.

This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.

3. ACCESS TO THE PRODUCT

  1. THE PRODUCT MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE PRODUCT WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR COMPUTER; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE PRODUCT; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR COMPUTER ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE PRODUCT, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE PRODUCT THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL HELHEIM GAMES BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR COMPUTER BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE PRODUCT. AN INTERNET CONNECTION, A HELHEIM GAMES ACCOUNT AND INSTALLATION OF THE HELHEIM GAMES CONNECT CLIENT SOFTWARE AND REGISTRATION WITH ENCLOSED SINGLE-USE SERIAL CODE MAY BE REQUIRED TO PLAY AND ACCESS ONLINE SERVICES AND FEATURES OF THIS PRODUCT. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.

  2. If You are using the Product on a Compatible Mobile Terminal, this Section 3.2 is applicable to You and to Your use of the Product: For this EULA, “Compatible Mobile Terminal” designates any portable device capable of connecting to Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones , tablet computers, and personal digital assistants (PDAs). (a) Product Access. To use the Product on a Compatible Mobile Terminal, You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the Products, the response time or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. HELHEIM GAMES may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or through all carriers or network service providers. (b) Collection of personal data: In order to provide You with a better game experience, adapted services and Product support, HELHEIM GAMES may collect and store data about You in relation to Your use of the Product, Your connection information and/or Your Compatible Mobile Terminal. Certain data is recorded, archived, analysed and used to create user statistics. Your privacy is very important to HELHEIM GAMES and HELHEIM GAMES will not reveal Your personal data to third parties except when expressly authorised by You to do so or in special circumstances. HELHEIM GAMES may be under a duty to disclose or share Your personal data in order to comply with a legal obligation, or in order to protect HELHEIM GAMES’s rights and those of other users and third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction. In addition, HELHEIM GAMES reserves the right to collect, store and use anonymous data about You. For further information concerning HELHEIM GAMES’ use of Your personal data, please refer to the Privacy Policy. (c) Analytics Tools and Ad Serving Technology. HELHEIM GAMES uses third party analytics tools to collect information concerning Your and other users’ gaming habits and use of the Product. The information collected may contain the following, without limitation: mobile device unique indentity or other device identifiers and settings, carrier, operating system, localization information, date and time spent on the Product, game scores, game metrics and statistics, feature usage, advertising conversion rates, monetization rate, purchase history and other similar information. HELHEIM GAMES uses third party ad serving technologies that may collect information as a result of ad serving in the Product and that may temporarily display advertisements in the Product. The information collected and used for the targeted advertising may contain the following, without limitation: age and gender, number views of an advertisement, mobile device unique identity or other device identifiers and settings, information about Your use of the Product, Compatible Mobile Terminal, and other Internet sites (including third party web pages and mobile Internet sites) viewed by You (as well as date and time viewed), advertisement(s) served, the advertisement(s)’ in game location and length, and Your response to the advertisement(s) (if any). The analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect said information and may combine the information collected on other HELHEIM GAMES Products and services with information collected from other third party websites and mobile products and services and with demographic, advertisement, market and other analytics surveys. Standing alone, this information is not personal data; however, if HELHEIM GAMES combines any of this information with personal data, HELHEIM GAMES will treat this information as personal data pursuant to our Privacy Policy. You will find a non-exhaustive list of our partners whose analytic tools and ad serving technologies are used in our Product(s) here. HELHEIM GAMES makes its best efforts to provide You with the links to our partners’ own privacy policies according to which their tools and technologies are used and when available the link to allow You to opt-out from their services.

4. CONSENT TO MONITOR.

When You are using the Product, the Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by Section 1 that interact with the Product. In the event that the Product detects such an unauthorized third party program, information may be communicated back to HELHEIM GAMES, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and Your access to the Product may be terminated with or without additional notice to You.

However, please note that HELHEIM GAMES is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Product, including in game chats. Such communications are the sole responsibility of the user in question.

5. LIMITED WARRANTY FOR PRODUCT PURCHASED AS A PHYSICAL MEDIUM.

If You purchased Product as a physical medium (CD, cartridge or DVD-ROM), this Section 6 is applicable to You:

HELHEIM GAMES warrants that the physical medium containing the Product shall be free from defects in material and workmanship for a period of ninety (90) days from the date of Your purchase of such medium. In the event that the medium containing the Product proves to be defective during that time period, HELHEIM GAMES will, at HELHEIM GAMES’ option, free of charge, (a) correct any defect, (b) replace the Product, (c) substitute a similar Product of equal or greater value (in the event the Product is not longer being manufactured by HELHEIM GAMES or available in HELHEIM GAMES’ inventory), or (d) refund Your money when You present HELHEIM GAMES with written proof of purchase of the defective medium. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. When returning the Product for warranty replacement please send the original Product disc, cartridge or DVD, as applicable, only in protective packaging and include: (1) a photocopy of Your dated sales receipt; (2) Your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) You are encountering and the hardware and system on which You are running the Program.

6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE“ BASIS. HELHEIM GAMES, HELHEIM GAMES’ LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDIND AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. HELHEIM GAMES DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL HELHEIM GAMES, HELHEIM GAMES’ LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.

NOT WITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH HELHEIM GAMES OR ITS LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, HELHEIM GAMES’ LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT HELHEIM GAMES, ITS AFFILIATES, LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO HELHEIM GAMES FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

NOTHING IN THIS SECTION 6 SHALL AFFECT HELHEIM GAMES’ LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM HELHEIM GAMES’ NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

FOR PURPOSES OF THIS SECTION 6, HELHEIM GAMES’ LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

7. INDEMNITY.

You are solely responsible for any damage caused to HELHEIM GAMES, its licensors, channel partners and associated service providers and subcontractors, other users of the product or any other individual or legal entity as a result of Your violation of this EULA.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED HELHEIM GAMES AND ITS AFFILIATES, THEIR LICENSORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT. HELHEIM GAMES reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify HELHEIM GAMES. The provisions of this Section 7 shall remain in force after termination of this EULA.

8. TERMINATION.

The EULA is effective from the earlier of the date You purchase, download or use the Product, until terminated according to its terms. You and HELHEIM GAMES(or its licensors) may terminate this EULA, at any time, for any reason. Termination by HELHEIM GAMES will be effective upon (a) notice to You or (b) termination of Your HELHEIM GAMES Account (if any) or (c) at the time of HELHEIM GAMES’ decision to discontinue offering and/or supporting the Product. This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and destroy all copies of the Product in Your possession.

9. CHANGES TO THIS EULA OR TO THE PRODUCT.

HELHEIM GAMES reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product or on helheimgames.com. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 8 and must immediately uninstall the Product and destroy all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.

HELHEIM GAMES may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that HELHEIM GAMES may stop to support previous versions of the Product upon availability of an updated version. HELHEIL GAMES’ channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. HELHEIM GAME also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.

10. MISCELLANEOUS.

  1. Export Controls. The Product is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the Product and Your use of the Product. The Product may not be re-exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

  2. Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect HELHEIM GAMES’ initial intentions.

  3. No Waiver. No failure or delay by HELHEIM GAMES (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by HELHEIM GAMES or by the User.

  4. Law and Jurisdiction To the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).

 

For any question concerning this EULA, you may contact HELHEIM GAMES at the following address:

Customer Support Team: community@helheimgames.com

Legal Team: legal@helheimgames.com

THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.

THIRD PARTY TEXT - MICROSOFT DIRECT X 9 - MICROSOFT LICENSE TERMS

THIRD PARTY TEXT - MICROSOFT DOT NET - MICROSOFT SUPPLEMENTAL LICENSE TERMS

Helheim Games

DO NOT SELL MY PERSONAL INFORMATION

06/2022

Some US states have enacted laws (including the California Consumer Privacy Act) that give you the ability to opt out of the sale of your personal information to third parties. In effect, this will disable targeted advertising provided by HELHEIM GAMES’ third-party partners, which means that HELHEIM GAMES will no longer share your personal information with third-party partners to customize your advertising experience.

HELHEIM GAMES enables you to do so by using the following privacy controls:

On HELHEIM GAMES websites: please find on our Cookies the list of third parties that may implement and/or access cookies on your computer or mobile device. You can opt-out from third-party cookies at any time by clicking on the link “Set Cookies” at the bottom of each Helheim Games webpage. Switching the checkbox to “Off” for all cookies other than “Essential cookies” will prevent third parties from using cookies to track your activity on Helheim Games websites.

On mobile games: to opt out of the sale of your personal information on mobile game, please navigate to the “Privacy Settings” section in the game's Settings menu, then un-check the box “I accept that Helheim Games process my data for its own use and/or shares it with trusted partners for marketing purposes.” You may also opt out of the sale of your personal information directly in the settings menu of your telephone or tablet by activating “Limit Ad Tracking” on Apple telephones, or “Opt-out of Ads Personalization” on Android telephones.

Helheim Games games also include mechanism available for players to opt out from the sale of their game data. Please visit the settings menu of each game to learn more.

You can also submit an opt-out request by contacting our customer support team here. For more information about our privacy practices and the privacy rights that may be available to you, please consult our Privacy Policy.

Helheim Games

Interest Based Advertising and Custom Content

06/2022

Helheim Games displays interest-based advertising content on our owned or operated sites and on unaffiliated sites. Interest based ads (also sometimes referred to as customized, tailored or targeted ads) are displayed to you on based on information collected from your activities, including but not limited to, browsing or purchasing products on or through our websites, mobile sites and applications or on third party websites, mobile sites and applications, or based on your responses to our marketing emails (collectively, the "Services"). For instance, you may see an advertisement on a Helheim Games or third party site for a new game we think you might enjoy, based on information indicating your interest in similar products.

Information Collected: Pursuant to the terms of our Privacy Policy, the information collected and used for interest based advertising may contain the following, without limitation: age, gender, device unique identity or other device identifiers and settings, information about your use of the Services or other Internet sites, information about advertisements or our marketing emails viewed by you (including as date and time viewed, number of views, the location and duration, and your response, if any).

Third Party Technologies: Analytics tools and ad serving technologies may use server log files, web beacons, cookies, tracking pixels and other technologies to collect the information listed above. They may combine the information collected through Helheim Games products and Services with (a) information collected from third party sites, products and services and/or (b) with demographic, advertisement, market and other analytics data. In addition, some of these technologies can sync or connect your behavior across different websites, mobile apps and devices.

We make our best efforts to provide you with (a) the list of third parties whose ad serving technologies are used in our Services, (b) links to these partners’ own privacy policies according to which their tools and technologies are used, and (c) when available, a link to allow you to opt-out from these partners’ services. To that end, you will find such non-exhaustive list here: Cookies.  Alternatively, you can opt out of some third-party technology’s use of cookies for interest-based advertising by visiting aboutads.info. Of course, please note that opting out does not mean you won't see ads; it just means that the advertising you see may be less relevant to your interests.

Standing alone, this information may not be personal information. However, if we combine any of this information with personal information to serve you interest based advertising, then we will provide you an opportunity to choose whether or not to allow such merger, as further described in the Custom Content Section below.

Custom Content: We may, depending on your preferences, also combine your Personal Information (as defined in our Privacy Policy) with the information you have independently provided third parties, in order to tailor advertisements for you on our Services and/or on third party sites. If you do not wish Helheim Games to combine your Personal Information with that of our third party partners, please ensure the box next to "Share my information with select third parties" in settings is unchecked. If this box is unchecked, Helheim Games will not share your Personal Information with partners to tailor ads for you. Please note that deciding not to participate in Custom Content will not change the behavior of third parties collecting information on the Services; for more information as to how to opt-out of third party collection please do go to: Cookies

Do Not Track: Do Not Track (DNT) is a web browser setting that is currently under development. While we may adopt a DNT standard if a universal standard is established, in the meantime we adhere to the standards set out in this policy and our Privacy Policy. For more information about DNT, please see: Learn about Do Not Track.

Helheim Games

THIRD PARTY TEXT - MICROSOFT DOT NET

MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
MICROSOFT .NET FRAMEWORK 3.5 SP1 FOR MICROSOFT WINDOWS OPERATING SYSTEM

Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows operating system software (for which this supplement is applicable) (the “software”), you may use this supplement. You may not use it if you do not have a license for the software. You may use a copy of this supplement with each validly licensed copy of the software.

 

The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of the supplement. If there is a conflict, these supplemental license terms apply.

 

By using this supplement, you accept these terms. If you do not accept them, do not use this supplement.

 

If you comply with these license terms, you have the rights below.

1. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this software as described at http://www.support.microsoft.com/common/international.aspx

 

2. MICROSOFT .NET BENCHMARK TESTING. The software includes the .NET Framework, Windows Communication Foundation, Windows Presentation Foundation, and Windows Workflow Foundation components of the Windows operating systems (.NET Components). You may conduct internal benchmark testing of the .NET Components. You may disclose the results of any benchmark test of the .NET Components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.

 

Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.

Helheim Games

THIRD PARTY TEXT - MICROSOFT DIRECT X 9

MICROSOFT DIRECTX END USER RUNTIME

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft

* updates,

* supplements,

* Internet-based services, and

* support services

for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.

If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.

 

2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

* work around any technical limitations in the software;

* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

* publish the software for others to copy;

* rent, lease or lend the software;

* transfer the software or this agreement to any third party; or

* use the software for commercial software hosting services.

3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.

4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

 

5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

 

6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

 

7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

 

8. APPLICABLE LAW.

a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

 

9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

 

10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

 

It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

Helheim Games

HELHEIM GAMES WALLET TERMS

06/2022

1. What do these terms apply to?

These Helheim Games Wallet Terms (the “Helheim Games Wallet Terms”) govern your use of the electronic wallet service (the “Helheim Games Wallet”) we make available to you. They are between you and Helheim Games, . We grant you a limited license to acquire, use and redeem the Helheim Games Wallet pursuant to these Helheim Games Wallet Terms. Please read them carefully. If you do not agree to these Helheim Games Wallet Terms, you must not credit funds to your Helheim Games Wallet. These Helheim Games Wallet Terms are incorporated by reference to the Helheim Games Terms of Use ("Terms of Use"), the Terms of Sale and the Helheim Games Privacy Policy. All capitalized terms used but not defined herein shall have the meaning given to them in the Terms of Use.

 

2. What is the Helheim Games Wallet?

The Helheim Games Wallet enables you to purchase certain products available on our stores in accordance with the restrictions and conditions detailed below, using funds credited on it (the “Helheim Games Wallet Balance”).

Please note that the Helheim Games Wallet is not a bank account nor a payment instrument and that your Helheim Games Wallet Balance:

  • does not constitute a personal property right or a deposit;

  • can only be used to purchase products from Helheim Games;

  • does not accrue interest, dividends or other earnings, and cannot be withdrawn;

  • has no value outside of the Services and cannot be exchangeable for cash; and

  • is non-refundable and non-transferable to another person or another person’s Helheim Games Wallet, unless required by law, as further detailed in Article 7.

 

3. How can you activate your Helheim Games Wallet?

To add the Helheim Games Wallet to your Account, please visit your Helheim Games Wallet management page and follow the instructions to confirm its creation. You will first be asked to log in to or create an Account. Please refer to our Terms of Use to know more about Account creation. You can only associate one Helheim Games Wallet with your Account.

 

4. What should you know regarding crediting funds to your Helheim Games Wallet?

You may credit funds to your Helheim Games Wallet in a various set of ways detailed in our dedicated FAQs and by following the instructions provided to you. You will need to provide a credit card or other payment methods approved by us, which may differ depending on your country of residence and change, from time to time, at our sole discretion. You are responsible for verifying that the proper amount of funds has been added to your Helheim Games Wallet Balance.

You may also choose to credit funds to your Helheim Games Wallet directly when purchasing a product on our stores, by selecting your Helheim Games Wallet as the payment method during the checkout process. If your Helheim Games Wallet Balance is insufficient, you will be asked to credit funds to your Helheim Games Wallet or to select an additional method of payment to complete your order. There may be a delay between the time you credit funds to your Helheim Games Wallet and your ability to use them to purchase products. Please let us know here if you think your Helheim Games Wallet Balance is incorrect or if you face any other issue.

Funds you choose to add to your Helheim Games Wallet will not expire.

Certain restrictions may apply when crediting funds to your Helheim Games Wallet. For instance, we may limit the maximum amount of funds:

  • you may have on your Helheim Games Wallet;

  • you may add per day/month on such Helheim Games Wallet; and/or

  • you may spend using your Helheim Games Wallet over certain periods of time.

 

5. What is the currency associated with your Helheim Games Wallet and can you change it?

Upon creation of your Helheim Games Wallet, the currency associated with it (the “Wallet Currency”) will be based on your current location. If you wish to change your Wallet Currency, you may request a change by contacting us here and following the instructions provided to you. Please note that such a change is not automatic, may take time to process, and that we reserve the right to deny it, at our sole discretion. We will verify the request (which may take several days) and may ask you for additional information. If your request is granted, your Helheim Games Wallet will be terminated, and you will need to create a new Helheim Games Wallet after such change is effective. Please always ensure that your Helheim Games Wallet Balance is cleared (e.g., the balance is zero) prior to requesting a change of Wallet Currency, as any remaining Helheim Games Wallet Balance will be automatically lost when your Helheim Games Wallet is terminated, and is non-refundable, unless required by law.

 

6. What should you know regarding spending your Helheim Games Wallet Balance?

You may only spend your Helheim Games Wallet Balance to purchase on our stores products that are available in the currency associated with your Helheim Games Wallet.

Your Helheim Games Wallet Balance cannot be used to purchase physical products on our stores.

Additionally, please note that the Helheim Games Wallet may not be available as a payment method on all our stores and that some products or services may not be purchased using the Helheim Games Wallet, at Helheim Games’ sole discretion. You are responsible for verifying that the products you wish to purchase are purchasable using your Helheim Games Wallet Balance, before crediting funds to your Helheim Games Wallet.

If your Helheim Games Wallet Balance is insufficient to complete a transaction, you will be asked to either credit funds to your Helheim Games Wallet or choose an alternative payment method to finalize your order.

 

7. What about refunds?

7.1 Refund of your Helheim Games Wallet Balance. When you credit funds on your Helheim Games Wallet, you have a right to change your mind within 14 days following your order. Please note that you will lose such right once you start using your added funds (in whole or in part) to purchase products. Apart from this right to change your mind and unless otherwise required by applicable law, your Helheim Games Wallet Balance is non-refundable.

7.2 Refund of products purchased. You may be entitled to a refund for purchases made on our stores with your Helheim Games Wallet, based on our Terms of Use and/or Terms of Sale:

  • If such purchases have been made using your Helheim Games Wallet Balance: we will refund you on your Helheim Games Wallet, unless otherwise required by applicable law.

  • If such purchases have been made using an alternative payment method: we will, by default, refund you on such payment method but may give you the ability to choose to be refunded to your Helheim Games Wallet instead.

 

8. Can your Helheim Games Wallet be terminated?

8.1 Termination at your initiative. Once activated, you will be able to terminate your Helheim Games Wallet by asking for its closure here. As further detailed in these Terms, please note that, upon termination of your Helheim Games Wallet, you will no longer be able to use any remaining funds on your Helheim Games Wallet Balance, if any, and that, except where required by law, such remaining funds will not be credited nor refunded to you, and will not be converted into cash nor any other form of reimbursement.

8.2 Termination at our initiative. We reserve the right to reduce your Helheim Games Wallet Balance, suspend, deactivate and/or terminate your Helheim Games Wallet and/or the associated Helheim Games Account if, after investigation, we determine that you have violated these Helheim Games Wallet Terms, the Terms of Use and/or the Terms of Sale. In such event, you will no longer be able to use any remaining funds on your Helheim Games Wallet Balance, if any, and, except where required by law, such remaining funds will not be credited nor refunded to you, and will not be converted into cash nor any other form of reimbursement.

We may also decide, in accordance with the Terms of Use, and at our sole discretion, to stop offering the Helheim Games Wallet service. In such event, we:

  • will provide you with sufficient prior notice to enable you to spend your remaining Helheim Games Wallet Balance,

  • may prevent you from adding funds to your Helheim Games Wallet, and

  • will provide a refund of your remaining Helheim Games Wallet Balance, if any, once the termination is effective, solely where required by applicable law.

 

9. What about security and fraud?

Please note that you are responsible for all transactions done using your Account and/or your Helheim Games Wallet. This includes any transaction to credit funds to your Helheim Games Wallet and any transaction purchasing products on our stores using your helheim Games Wallet Balance. We strongly advise you not to give personal or Account information, including your password, to anyone. If you suspect that your Account has been compromised or suspect a potential transaction error on your Helheim Games Wallet, please contact us as quickly as possible here. If there is evidence that an Account has been stolen or used by an unauthorized third party, further investigation will be made by our staff, during which time the Account and/or your Helheim Games Wallet may be suspended and you may be unable to access or use your Helheim Games Wallet Balance.

 

10. What else should you know?

10.1 Maintenance. Please note that the Helheim Games Wallet may, from time to time, not be accessible or under maintenance. As a consequence, you may not be able to credit funds to your Helheim Games Wallet and/or purchase products on our stores using your Helheim Games Wallet Balance during that period.

10.2 Titles and Headings. Titles and headings are for convenience only and do not control the meaning or interpretation of any provision of these Helheim Games Wallet Terms.

10.3 Severability. If any term of these Helheim Games Wallet Terms is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.

10.4 No Waiver. The failure or neglect by you or us to enforce any of rights under these Helheim Games Wallet Terms will not be deemed to be a waiver of your or our rights. 

10.5 Force Majeure.  Subject to applicable law, we will not be held liable for circumstances beyond our reasonable control.

10.6 Personal Data. Helheim Games processes your personal data in compliance with all applicable regulations regarding personal data and in particular the General Data Protection Regulation (EU) 2016/679 (GDPR), the California Consumer Privacy Act (CCPA) to allow you to use the Helheim Games Wallet. To learn more about the processing of your personal data and to exercise your rights, please refer to the Helheim Games Privacy Policy.

10.7 Revision of these Helheim Games Wallet Terms. We reserve the right to modify all or any portion of these Helheim Games Wallet Terms, at any time, temporarily or permanently and entirely at our discretion. The Helheim Games Wallet Terms that apply to your purchase are the ones in force at the time of your purchase. Any change of these Helheim Games Wallet Terms will not apply retroactively to purchases that you made before they were modified. By adding funds to your Helheim Games Wallet and/or purchasing a product on one of our stores using your Helheim Games Wallet Balance after our modification of these Helheim Games Wallet Terms, you signify your acceptance of the Helheim Games Wallet Terms as modified.

10.8 Applicable Law & Jurisdiction. These Helheim Games Wallet Terms are governed by the laws of England and Wales, and you expressly acknowledge the exclusive jurisdiction of the courts of England and Wales for any complaint or any dispute with us, resulting from or related in any way to your relationship with us, your Account(s) or your use of the Services. In addition, as indicated above, your conduct may be subject to other regional, federal, national or international laws.

10.9 Contacts. For questions related to the Helheim Games Wallet Service, please visit the FAQs. They contain further details, including ones regarding activation of your Helheim Games Wallet, how to credit funds to your Helheim Games Wallet, current applicable limits, how to access your order history and see your last Helheim Games Wallet funds added and your Helheim Games Wallet Balance.

If these FAQs do not answer your questions, please contact us here.

Helheim Games

COOKIES

06/2022

Below the list of companies globally that may implement and/or access cookies on your computer or mobile device, and how to opt-out to such cookies.

Find more about how Helheim Games uses cookies within the Privacy Policy accessible here.

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