Tactile – User Terms

1 About these Terms

Tactile Games ApS (in the following referred to as “Tactile”), is a Danish company with business registration number 32319882, having its address on Vestergade 33, baghuset, 1456 Copenhagen K, Denmark. These User Terms (in the following referred to as “Terms”) apply to any download, access or use of Tactile’s games (in the following referred to as “Games” in plural or “Game” in singular).

The Terms apply whether you download, access or use the Games on a computer, on a mobile device (including pads), on a console, on a website, or on any other device or platform. The Terms also apply to any other services (in the following referred to as “Services”) that we may provide in connection with the Games, including customer support, community channels, social media and our website.

The Terms constitute a legal agreement between you and Tactile and by downloading or using a Game or another Service, you agree to be bound by the Terms.

You also agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed the Terms and Privacy Policy and agrees to the Terms and Privacy Policy and gives you permission to access and use our Games and other Services.

The Terms are made available via the platform or app store that you download or use our Games from (such as Google Play Store, the Apple App Store, Amazon App Store, Windows Phone Store), on any platform or website where you play our Games (such as www.facebook.com).

If you do not agree to the Terms (including any future updated version of them) you may not access or use the Games and Services, and you must cease to access and use of any of Tactile’s Games or other Services. Your continued use of our Games or other Services after the Terms have been updated will confirm your acceptance of the updated terms. If in the future we determine that an update to the Terms requires you to accept the updated terms, you may not continue to use the Games or other Services until you have accepted the updated terms. You can always access the updated version of the Terms at www.tactile.dk/legal/tos.html

If you are a resident of the United States of America you are subject to the below binding arbitration and waiver of class action obligations, detailed below in section 19, 20 and 21.

2 Accessing and using our Services

You agree to comply with the specific rules for each Game that you access or play. Those rules concern matters such as how to score points, how to control characters, what to do with resources etc. When made available, you find them, as well as guidelines for each Game, inside the Game itself.

You are responsible for your own internet connection. Please notice that by downloading or playing our Games or using our other Services, mobile charges may incur. We recommend that you use WIFI connection or that you ask your mobile operator or internet service provider what the charges will be.

3 Accounts

When you use our Games or other Services you may choose to create an account with Tactile. In some cases, you may be required to do so in order to download, access or play a Game. You may also use an account or log-in from a social network or other platform that our Games or other Services interact with. If you do create an account with Tactile or you use our Games or other Services from a social network or platform using your account and log-in details from there, you agree that you must take all steps necessary to protect your log-in details and keep them confidential. You agree that you may not give your log-in details to anyone else and that you may not allow anyone else to use your log-in details or your account.

You agree that we are entitled to assume that anyone logging into your account using your log-in details is either you or someone logging in with your explicit permission. If you do not keep your log-in details secret, or if you share your log-in details or account with someone else, you accept full responsibility for the consequences of this (including any unauthorized purchases). In such cases you agree to fully compensate us for any losses or harm that may result.

You agree that Tactile is not responsible to you for any loss that you suffer as a result of an unauthorized person or computer accessing your account or using our Services. Tactile does not accept any responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

Tactile reserves the right to delete an account that you have created with Tactile, if no activity is conducted by you in relation to the account for 120 or more days. In such event, you may no longer be able to access or use any Coins or Boosters (as defined below) associated with that account. Further, you will not be offered a refund.

Any account you have created with Tactile is personal and you are not entitled to transfer it to anyone.

You accept that if you delete an account that you have created with Tactile, or if we delete such account in accordance with these Terms, you will lose access to any data previously associated with your account including your progress through the Games, the level or score you have reached in the Games, any team you have connected with or created, any Coins or Boosters you have acquired and any communications made using our Services.

4 Coins and Boosters

Our Games may include virtual coins (in the following referred to as “Coins") and resources that helps you advance in the Games (in the following referred to as “Boosters”). Coins and Booster can be earned as part of the Game. Coins and Boosters can also be purchased in the Games using either Coins or using real money.

You understand and accept that once you have purchased Coins and Boosters, they have no monetary value and do not represent any stored value and cannot be exchanged for real money. You accept that Coins and Boosters may not be transferred to anyone else and you agree that you will not transfer or attempt to transfer any Coins or Boosters.

You also agree that although we use terms like “purchase”, you do not purchase a good; rather you purchase a license, which is personal, non-exclusive, limited and revocable.

You accept that all sales by us to you of Coins or Boosters are final and that we will not grant you refunds on any transaction once it has been completed. If you reside in the European Union you are in certain cases entitled to withdraw from distance purchases pursuant to European Union law or national law; However, when you purchase a license to use Coins or Boosters from us, you acknowledge that they are a digital service which is to be considered consumed immediately and that therefore – to the furthest degree permitted by law - your right of withdrawal has ceased at this point. A purchase of Coins or Boosters is considered completed at the time the Coins or Boosters have successfully been credited to your account.

If you chose not to connect your game play to Facebook, we may not be able to restore any Coins or other data associated with your Game to a different device if you lose your first device or if it is damaged. Because of this, any risk of loss of Coins or Boosters, which you have purchased, is transferred to you upon completion of the purchase. Any risk of loss of Coins or Boosters that you receive from us without making a purchase is transferred to you at the time the Coin or Booster is credited to your account. Other data related to your Games including your progress through Games, or the level or score you have reached in Games is transferred to you immediately at the time such data is generated.

Unless you have connected your Game to an account on Facebook it is not synced between different devices and we may not have a backup of your Game. This means that any risk of loss of this data relating to Coins or Boosters is transferred to you upon completion of the purchase and - in cases where the Coin or Booster is not purchased - at the time the Coin or Booster is credited or awarded to you.

The app store or social network you use when purchasing Games or making in-app purchases will provide you with an invoice. These invoices will be in electronic format only.

Tactile reserves the right to change or remove any Coins or Boosters without any liability to you.

At any time, Tactile may change the pricing for Coins and Boosters, both before and after you have downloaded a Game. We may also expand or limit the total amount of Boosters or Coins that can be purchased at once or held in your account. You are obliged not to purchase Coins or Boosters from any source which is not Tactile or authorized by Tactile.

Please notice that different platforms and social networks have different terms and conditions that apply to app purchases and in-app purchases on those networks and platforms. Consequently, they treat the purchase of Coins and Boosters differently. You should check with your platform or social network before making a purchase.

Unless it says otherwise, content available for purchase in any in-game store has the same age rating as the Game.

If we suspend or terminate your account, you may lose any Coins and Boosters that you have and Tactile will not make any refunds or otherwise compensate you for this loss.

The charge for Coins, Boosters or other virtual goods, Games or other items you can purchase will be as stated in the Game, app store or social network where you make the purchase, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which app store, social network, bank, credit card or payment provider you use, additional charges may be issued; Tactile has no control over this and accept no liability in relation to it. If you are unsure whether you will be subject to such additional charges then you should check with the app store, social network, bank, credit card or payment provider before making a purchase. The app store, social network, bank, credit card or payment provider may have their own terms and conditions and you should make sure that you are in agreement with these before making any payments.

5 User conduct and content

When playing our Games, you must comply with all applicable laws in the location that you access our Games or other Services from. Should there be any laws that restrict or prohibit you from using our Games or other Services, you must comply with those legal restrictions or, if applicable, stop accessing or using our Games and Services.

You promise that all the information you provide to us on accessing or using our Services is and will remain correct and complete.

You are responsible for all information, whether as data, software, sound, photographs, drawings, illustrations, graphics, video or in other form, which you send, upload, communicate, transmit or otherwise make available via our Games or other Services. Similarly, all information, whether as data, software, sound, photographs, drawings, illustrations, graphics, video or in other form, which is sent to you, uploaded to you, communicated to you, transmitted to you or otherwise made available to you via our Games or other Services, is the sole responsibility of the person that sent it to you. Tactile has no responsibility for such content whatsoever.

You promise not to upload, communicate, transmit or otherwise make available any content:

which is or could reasonably be considered unlawful, harassing, defamatory, libelous, bullying, obscene or otherwise harmful or objectionable;
which is likely to, or could reasonably be considered as inciting violence, or racial or ethnic hatred;
which is or could reasonably be considered invasive of another person's privacy;
which contain pictures, illustrations, videos or other material of sexual or pornographic nature;
which you do not have the right to make available (including inside information, trade secrets, or confidential information);
which infringes intellectual property rights or other proprietary right of others;
which consists of any unsolicited advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of solicitation; or
which contains software viruses or any other computer code, files or programs designed to destroy or limit the functionality of any software or hardware.

You promise that you will not:

use our Games or other Services to harm anyone in any way;
use our Games or other Services to harass or bully anyone;
create more than one account per platform to access our Services;
use another person’s or entity’s email address to sign up to use our Games or other Services;
disguise, anonymize or hide your IP address or the source of any content that you upload, send or otherwise communicate or transmit;
use another person’s or entity’s device or computer to sign up for our Games or other Services without their consent;
use our Games or other Services for fraudulent or abusive purposes (including, without limitation, by using our Games or other Services to impersonate anyone); or
interfere with or disrupt our Games or other Services or our servers or the networks that provide our Games or other Services.

Tactile does not monitor or check content posted on our Services by users or other people and therefore we do not guarantee the accuracy or quality of such content. Consequently, when you use our Services, you may be exposed to content that you consider offensive, indecent or objectionable. In no circumstances will Tactile be liable in any way for any content, including for errors or omissions in any content, or any losses or harm of any kind resulting from the use of any content uploaded, posted, emailed, communicated, transmitted or otherwise made available via our Services.

Tactile has the right to remove uploaded content from our Games or other Services for whatever reason we see fit, including if we believe it results in or from a breach of any part of these Terms or our Privacy Policy, or that it may bring Tactile into disrepute.

6 Links

Tactile may provide links to websites or services of third parties from Tactile’s Games and other Services. Tactile does not take any responsibility for any such third parties’ content, services or goods and does not endorse the same. Tactile does not take any responsibility for losses or harm that may result from using such third parties’ content, services or goods. You alone are responsible for fees that such third parties may require you to pay, if any.

By accepting these Terms, you agree that you have been informed that our Privacy Policy does not apply to the data that you provide to such third parties for using their content, services and goods.

7 Commercial use, reverse engineering, cheating, fair play etc.

Our Games are made for consumers to play in a fair manner. You promise that you will refrain from:

using our Games or other Services for any commercial or business purpose;
removing or amending any notices or other ownership information from our Games or other Services;
decompiling, reverse engineering, or hacking any of our Games or other Services, or to defeat or overcome any of our encryption technologies or other security measures;
scraping or otherwise systematically collecting any information about or regarding other people that use our Games or other Services, including, but not limited to any personal data or information;
uploading anything that collects information including cookies, pixel tags, graphics interchange formats or other kinds of spyware or passive collection mechanisms;
selling, transferring, or licensing Coins or Boosters or an account with Tactile;
change the normal flow of a Game;
act in a manner that is likely to negatively affect other users' ability to compete fairly when playing our Games;
breach any requirements or regulations of any network connected to our Services;
use our Services to cheat or design or assist in cheating, including by using automated means or third party software to play;
otherwise circumvent technological measures designed to control access to our Games or other Services; or
do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms.

If you are concerned that someone else is not complying with any part of these Terms, please contact us at [email protected]

7 Playing with or against other users

Many of our Games allow you to play with or against other users.

Some of our Games may also allow you to search for your friends (for example, by email address, phone number or name) in order to find them to play with or against them. We may also display the user names of users you have played with or against before so that you can easily find them again.

Tactile may select other users for you based on different criteria such as your and their past scores, your and their country, or the level you or they have reached in the Game or other gameplay activity. We may also select them randomly.

By accessing or playing our Games, you agree that your user name, scores, avatar, country location, online/offline status and other related details may be displayed to other users. You also accept that other users may find you by searching for you with your email address, user name or phone number. Please note that we will only show your user name publicly, and not your email address or phone number; other users must already know your email address or phone number themselves in order to search for you.

8 Your breach of these Terms

If Tactile reasonably believes that you are in material breach of these Terms (including by repeated minor breaches), Tactile is entitled to take any of the following actions, whether individually or in combination, and either with or without notice to you (and without limiting any other remedies or any other section of these Terms):

delete, suspend or modify your account or parts of your account;
otherwise suspend or terminate your access to our Games and other Services;
modify or remove any Coins or Boosters that may be associated with your account;
reset or modify any game progression, achievements etc. associated with your account, such as any level or score you have reached.

You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from your breach of these Terms.

9 Disclaimer

Tactile does not promise that its Games or other Services will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Games or other Services will provide specific results. The Games and other Services are delivered on an "as-is" and "as-available" basis. Everything in the Games and in the other Services is subject to change without notice. We cannot ensure that any files or other data you download from app stores, social media sites or our website will be free of viruses or contamination or destructive features.

Tactile disclaims all warranties, express or implied, including any warranties of non-infringement, merchantability accuracy, or fitness for a particular purpose. Tactile disclaims any liability for the acts, omissions and conduct of any third parties in connection with or related to your use of our Games or other Services. You assume total responsibility for your use of the Games and other Services. Your only remedy against Tactile for dissatisfaction with the Games or other Services is to stop using the Games or Services. For clarity, this also applies to Coins and Boosters you receive or purchase in the Games.

The disclaimer in this section applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Tactile reserves the right at any time and without notice a) to modify, suspend or terminate operation of or access to the Games or other Services, or any part of the Games, for any reason; 2) to modify or change the Games and other Services, or any part of the Games or other Services such as Coins or Boosters, and any applicable policies or terms; and 3) to interrupt or delay the operation of the Games and other Services, or any part of those, in order to perform routine or non-routine maintenance, error correction etc.

10 Limitation of liability

Except if prohibited by applicable law, in no event will Tactile be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Tactile has been advised of the possibility of such damages.

If, in spite of the above, Tactile is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Games or other Services, Tactile’s liability will in no event exceed the total fees you have paid to Tactile with respect to any Games and other Services, including in-app purchases, in the six months prior to the date of the initial claim made against Tactile. If your jurisdiction does not allow limitations of liability, the foregoing limitation may not apply to you.

Any additional mandatory legal rights which you may have as a consumer remain unaffected by these Terms.

11 Intellectual Property

All copyright, trademarks, design rights and other intellectual property rights in and relating to our Games and other Services is owned by Tactile or licensed to Tactile. This does not include content which users have contributed, which is owned by the users.

As long as you comply with these Terms, we grant you a personal, non-transferable, non-exclusive, revocable limited license to access and use our games and other Services for your own private and personal use. You agree not to use our Games and other Services for anything else. For the sake of clarity; these Terms also apply to any patch or other update which we may release or make available for our Games or other Services.

You acknowledge that except from the license granted to you by these Terms, you will have no ownership or property interest in any of our Games or other Services, including no ownership interests to your accounts, to your Coins or to your Boosters. You are obliged not to copy or distribute our Games or other Services. You are not entitled to make any derivate work from our Games and other Services, including any part of the Games, such as characters.

You are obliged not to use or make available any cheats or technological measures, which are designed to control access to, or elements of, our Services, including providing access to Coins or Boosters. This applies whether it’s on a free of charge basis.

If you submit any content via our Games or other Services, you grant us and the right to edit, publish and use your entry and any derivative works we may create from it, in any media, for any purpose, always and without any payment to you. You waive your “moral rights" in the content to the furthest degree permitted by law, including the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You also accept that we will not monitor or protect your rights in any content that you may submit to us but you do give us the right to enforce your rights in that content if we may want to, including by taking legal action (at our cost) on your behalf.

12 Privacy

You accept our Privacy Policy, which you find here: www.tactile.dk/legal/privacy.html

13 Assignment

By accepting these Terms, you agree that Tactile has the right to transfer all or some of its rights and obligations under these Terms to a third party without your consent if this transfer does not do you any significant harm. Also, by accepting these Terms, you agree that you don’t have the right to transfer any rights you have been given under these Terms without Tactile’s written consent.

14 Entire agreement

The entire agreement between you and Tactile concerning our Games and other Services consists of these Terms and the Privacy Terms. All earlier agreements between you and Tactile concerning our Games and other Services are replaced by these Terms.

15 Changes to these Terms

You can access these Terms at any time on our website, www.tactile.dk/legal/tos.html.

Without affecting the provisions of sections 19, 20 and 21, Tactile has the right to change these Terms. The amended version of the Terms will be posted on our www.tactile.dk/legal/tos.html. Tactile may change the Terms for any reason, including if we change of our Games and other Services, or for business, legal or technical reasons. If you don’t accept the amendments to the Terms, you are obliged to stop using our Games and other Services immediately.

16 Severability

If any provision of these Terms is considered invalid or cannot be enforced under any local law that is applicable or by any applicable court, it must be interpreted according to the applicable law in such way that it reflects the original intentions of the parties as nearly as possible. The other provisions of these Terms remain valid and enforceable. If a provision of these Terms cannot be interpreted as valid and enforceable under any applicable law, then it will be considered non-existing, but the rest of the Terms will be valid and enforceable.

17 Waivers of our rights

If Tactile is not exercising or enforcing its rights under these Terms, Tactile does not lose its right to exercise or enforce such rights. Any renouncing of our rights will be considered valid only if it is done in written form and is signed by Tactile.

18 Complaints and dispute resolution

If you have any problems or concerns regarding our Games and other Services you may contact the Tactile team at [email protected].

If the issue or concern cannot be solved even after you have contacted the Tactile team, and you wish to bring legal actions against Tactile, these Terms will be interpreted and governed by the laws of the State of Delaware if you are resident in the United States of America or by the laws of Denmark if you are resident somewhere else in the world.

19 Binding arbitration for residents in the United States of America

These provision regarding binding arbitration and class action apply to you if you are a resident in the United States of America or access, download and use our Games and other Services in the United States of America.

If you have any concerns or queries regarding our Games or other Services, our support team can be reached on [email protected]. Most concerns by far are quickly and amicably resolved this way. We promise to use our best efforts to settle any dispute or disagreement amicably and in good faith through negotiations and you accept to do the same. Such negotiations are a precondition to either party initiating arbitration or a lawsuit.

If we and you do not reach an amicable solution within a period of 40 business days from the time informal dispute resolution has been pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the provisions below.

Specifically, all claims arising out of or relating to these Terms and the Privacy Policy (including its interpretation, formation, performance and breach), the parties' relationship with each other or your use of any of the Games or our other Services shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, however excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") will apply to the interpretation, applicability, enforceability and formation of these Terms irrespective of any other choice of law provision contained in these Terms. The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Terms, including any claim that all or any part of the Terms or the Privacy Policy is void or voidable, or whether a claim is subject to arbitration. The arbitrator is empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation will be governed by the JAMS Comprehensive Arbitration Rules and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. You understand that without this mandatory provision, you would have had the right to sue in court and have a jury trial. You also understand that in some instances the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States of America, arbitration will take place at any reasonable location within the United States of America convenient for you.

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, or trade secret misappropriation. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. For the avoidance of doubt, claims related to the license granted to you for Games and other Services, are not exempt from the arbitration clause.

20 Binding class action waiver for residents in the United States of America

If you are a resident of the United States of America, you agree that any arbitration must be conducted in your individual capacities only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.

Thus, we agree that each of us may only bring claims against the other party arising out of or in connection with these Terms or the Privacy Policy only in your individual capacity or in our individual capacity, and not as a plaintiff or class action member in any purported class or representative proceeding.

If any court or arbitrator should determine that the class action waiver in this section is void or unenforceable for any reason, or if it should determine that an arbitration can proceed on a class basis, then the arbitration provision above will be deemed null and void in its entirety and the parties will be deemed to have not agreed to arbitrate disputes.

21 Opt-out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in sections 19 and 20. above by sending written notice of your decision to opt-out to the following address: Tactile Games ApS, Vestergade 33, baghuset, 1456 Copenhagen K, Denmark. The notice must be sent within 45 business days of the earlier of 1) your first download of the applicable Game or 2) commencing use of our Services; otherwise you will be bound to arbitrate disputes in accordance with the terms of sections 19 and 20. Please note, that if you opt-out of these arbitration provisions, we also will not be bound by them.

We will provide 60 business days’ notice of any changes to sections 19 or 20 or this section 21. Changes will become effective on the 60th business day and will apply only to claims arising after the 60th business day.

22. JURISDICTION AND APPLICABLE LAW

If you are resident in the United States of America, any claims arising out of these Terms or related to these Terms, including their interpretation, claims for breach, claims for consumer protection, claims for unfair competition, tort claims and all other claims and parties’ relationship with each other as well as your use of our Games and other Services, will be subject to the laws of the State of Delaware, without reference to conflict of laws principles.

If the class action waiver in section 20 above is considered invalid or unenforceable by any court or arbitrator for any reason or if any court or arbitrator determines that an arbitration can proceed on a class basis, all claims that may arise out of these Terms including the above mentioned claims (claims for interpretation, claims for breach, claims for consumer protection, claims for unfair competition, tort claims and all other claims) will be decided according to the laws of the state you were citizen of at the time you started using our Games and other Services that were subject to these Terms. By accepting these Terms you agree that federal courts in Los Angeles will have exclusive jurisdiction and venue over all claims which are subject to exceptions to the arbitration agreement described in the sections regarding binding arbitration and class action waiver above, or which are otherwise determined not to be arbitrable.

For residents outside the United States of America, the laws of Denmark will be applicable to interpretation of these Terms and to all claims for breach of the Terms, without reference to conflict of laws principles. To all other claims such as claims for consumer protection, claims for unfair competition, claims in negligence and tort claims, the laws of the country you are resident in will be applicable. The courts of Denmark will have jurisdiction over any dispute that arises between parties regarding these Terms unless the law in the country you are resident in allows you to choose the courts of that country for the said dispute.