Dized Consumer Terms and Conditions of Use
Effective as of 2nd of October 2018
- Changes to the Agreements
- Using Dized
- Rights and restrictions when using Dized
- Third Party Applications
- User-Generated Content
- Rights you grant us
- User guidelines and infringement
- Service limitations and modifications
- Dized support and customer support
- Subscription and paid content
- Term and termination
- Warranty and disclaimer
- Third party rights
- Prior and additional agreements
- Governing Law, Jurisdiction and Arbitration
2 Changes to the Agreements
These Agreements are subject to change at any time, but when they do, we will inform you within an appropriate time frame either via the Dized application, Portal or by email you have provided for us. After we have given you notice about the change in the Agreements, In some cases, if the changes are minor, your continued usage of the application will serve as an acceptance of the changes. So please make sure you read any new version of the Agreements.
3 Using Dized
3.1 Our Services
Downloading and limited use of Dized application is free of charge (possible operator fee’s not taken into account). This does not include subscription and possible in-app purchases for additional Dized content. For the different contents within Dized, it is important to notice, that they might be subject to other Terms and Conditions, in which for example the Age Requirements might be different, and must be separately agreed on.
3.2 Trials, promotions and limited-time free content
Dized and Playmore Games Inc. might offer paid content as free from time to time as part of campaigns and promotions. This content might also appear for a Free-trial-period. Dized and Playmore Games Inc. is free to end and withdraw these promotions at their own discretion. The paid content that is offered for free will remain on the user’s account. However any features, tutorials or content that were downloaded as a Trial can be removed or disabled from the users and can no longer be used until the content is purchased. Such limitations are openly announced when announcing these promotions. (E.g. free weekend for X.) If publishers or partners other than Playmore Games offer any such content within Dized to users – as parts of promotions, competitions, gifts or similar, different Agreements might apply to these and they are separately announced. Some Trial content may be subscription based and in this case we may require for you to provide payment details to access it. If this is the case, then after the mentioned Trial period ends we may automatically charge you a subscription payment for the mentioned content. The subscription payment information will be clearly shown when starting the Trial and reminded about to you well in time before the Trial ends. You can cancel your Trial and thus subscription at any time during the Trial period from the Dized application or by terminating your account. If you do not, then Playmore Games Inc. will bill you monthly for the mentioned subscription fee, which you can cancel at any time before your next monthly payment. Playmore Games Inc. will not refund for any fees that have already been paid for.
4 Rights and restrictions when using Dized
Dized Application, Portal and service are property of Playmore Games Inc. Content published within Dized may be property of third-parties and other companies. Such information will be visible in the content itself. You are allowed to use Dized application and service as you wish for personal and limited commercial use. By limited means you are allowed to use the basic version of the application to demonstrate your products in fairs and in shops without special permission. You are not however allowed to sell the application or the content within, nor distribute any such content outside of the application in a way that it will harm Playmore Games’ business. For example, for us it’s cool to show Dized tutorials in streaming video services, if they’re accompanied with a relevant information where the content is from. But it’s important to note that most of the content in Dized belongs to third parties, so distributing this content (in for example YouTube) may have separate restrictions by the owner of the copyright.
Your personal account is only meant for your personal use. Violating this by sharing your account info can lead to a temporary suspension of your account or in extreme cases, permanent or a complete removal of the account. Any purchases done to such account will not be reimbursed. An Organization Account can be managed by anyone who the Account Manager or Admin of the organization deems fit and gives access to, Playmore Games does not take any responsibility over abuse that might happen due to giving access to a wrong user.
Playmore Games and any companies that have content published in Dized retain their rights for that content even after it’s installed on computers, tablets or mobile devices. All Dized trademarks, names, logos, domains and such are sole property of Playmore Games Inc. Any such copyrighted material within Dized might be property of a third-party. You are not allowed to use any of such copyrighted content for commercial or non-commercial use without an explicit permission.
5 Third Party Applications
Any possible third party applications and software running within Dized, that are not created by Playmore Games, might have their own terms and privacy policies. You agree that Dized is not liable for the behavior, operation, transactions or content of such applications. Any Agreements you enter with these third party operators are not liable by Playmore Games Inc. If these third party softwares do not fall under the Dized Agreement you have to approve a separate third party licence terms agreement to use such content.
6 User-Generated Content
Playmore Games provides a Toolset (Dized Portal) that allows to create, modify, upload and release content in the Dized application or other Dized services, such as web pages.
When you create and release such content, you give the permission to Playmore Games to publicly display, distribute, transmit, advertise and broadcast such content in the Dized app and other Dized services or channels, and in some cases modify (if deemed necessary due to violations stated on this contract or because it’s not compatible with the current Dized hardware requirements). This license is granted to Playmore Games as long as the content is released in Dized and up to fourteen (14) days after it’s no longer publicly available in the app (even if you decide to suspend it yourself as stated below).
You may in your sole discretion choose to suspend the content you have created and released in Dized, but any purchases that has been done to such content will not affect any rights of a user who has obtained access to the content. Such users can re-download the content at any time, unless there is a heavy reason (such as the content is harmful, illegal or deemed unfit to distribute by other reason) to recall that content.
You are solely responsible for any content you create and/or upload to Dized or Dized Portal and Playmore Games will hold no responsibility over this. You might also be held responsible for any content that is created/uploaded to your Organization Account in Dized Portal by an user authorized by you.
You warrant Playmore Games that you have sufficient rights to all the assets you upload to Dized. This includes without limitation any kind of intellectual property or proprietary rights. You are also responsible that your submission does not violate any applicable contract, law or regulation and that your content adheres the current Dized hard- and software specifications.
If there is a breach that is violating any of the terms in this contract, you have fourteen (14) days to rectify the situation after giving notice by Playmore Games before the content is suspended. In some cases, such as breaking intellectual rights, the content might be suspended immediately. You understand and agree that Playmore Games is not obligated to use, distribute or continue displaying any content you have created if there’s a violation of these terms.
You are not allowed to use Dized Portal or any Dized services as your personal cloud storage. (And why would you? There’s other services for that…)
7 Rights you grant us
You will grant us the right to allow Dized to use your device’s processor, bandwidth and storage on your device that you have installed the application on. You will also grant us the permission to provide advertising and other messages within the application to you as well as from any business companion of Playmore Games Inc. If you consent to having Push Messages from Dized on your device, you will also grant us the right to send them on messaging relating to Dized or its content.
If you provide Playmore Games Inc. any ideas, feedback, suggestions, concepts, or content (excluding the Dized Portal) you accept that the input you provided is not confidential and you will authorize Playmore Games Inc. to use such data without restriction and without any payment unless otherwise agreed on by a verifiable method. This authorization grants a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable and worldwide license to use content as referred above in any way Playmore Games Inc. sees fit and in any medium we choose. Also you will agree that we will not need to identify such content as created by you. If by any chance Playmore Games Inc. deems your username or other credentials unfit or necessary to reclaim, you will grant us the right to do so.
8 User guidelines and infringement
Respecting intellectual property rights is important for us, especially because Dized and Dized Portal is filled with third-party art and other assets, and while using the service and application we expect the same respect towards these issues as well. Please follow these rules – and if you see violations, contact us. The following things are forbidden:
– Copying, redistributing, reproducing, transferring or extracting any content of Dized without proper authorization.
– Using Dized service or content in a way that is not expressly allowed under the Agreements or by Law.
– Transferring cached, downloaded or purchased content from one device to another to under different account.
– Reverse-engineering, decompiling, disassembling or modifying the Dized application and service or any of its content.
– Circumventing, selling or renting any part of Dized service, content or application.
– Giving your personal user account details and password to other people and logging in with someone other’s account.
– Creating, sharing, or registering content and/or user names that are offensive, abusive, defamatory, pornographic, illegal, promoting other services or illegal acts or threatening. As well as sharing or creating any content that has malicious content such as malware, viruses or similar.
– Creating accounts that impersonate other users or persons.
– Creating a business account that impersonates other companies or businesses
– Creating any competitions or promotions relating to Dized or its content without a permission from Playmore Games Inc.
– Create any scripts, apps, executable programs or other similar articles that might interfere, disturb, make vulnerable, probe, scan, hack or disrupt the Dized service or other users’ devices.
If we are notified that any content you have created or shared violates these clauses, we can in our own discretion remove it from our system without notification to you or the provider of such content. If any dispute should arise, contact us. By agreeing to these guidelines you acknowledge that violating these rules might result in suspension, termination or banning of your user account, unless otherwise agreed on.
We also reserve the right to suspend your Business Account in Dized portal, until any possible complaints are remedied. In some extreme cases, accounts might be terminated.
Keep your user credentials, account details and password secure at all times. If you have believe that your credentials are stolen, please change your password as soon as possible and if need be, contact us.
9 Service limitations and modifications
A service like Dized might have some operational interruptions due to regular updates and patches, but Playmore Games Inc. will try to make all necessary efforts to keep the Dized and the Dized Portal services running. We reserve the right to disable functions and services in permanently or in short term if we deem it necessary. We will inform of these changes you the best we can. If you have a subscription that we will have to cancel due to changes in service, we will refund you these subscription payments for the time that is left in the subscription. If you have purchased content that is heavily modified or removed from Dized service, it shall remain on your device unless otherwise stated (but might be disabled in the content library). However you agree and accept that Playmore Games doesn’t have the obligation to update, support and maintain all or any specific content. There might be cases where either Playmore Games Inc. or a third-party company will be enforced to pull out and/or remove content without notice.
10 Dized support and customer support
In case of any problems with the service or application, or for customer support, you have to contact the official support in the Dized website. We will try to reply to queries in a reasonable timeframe. Any comments, feedback, suggestions, tips or instructions given by Playmore Games Inc. employees in any other forum or site, than the official support page, will be considered unofficial and is given without any warranties.
And you’re being a real champ reading this far, not much more to go!
11 Subscription and paid content
Dized supports both free and paid content and can at any point move any content previously considered free or free-trial behind a subscription service with a prior notice. Any content that you purchase through the Dized application will be tied to your account. This will allow you to re-download the purchased content. However Playmore Games Inc. does not give any warranty or guarantee that the purchased content will be exactly the same or even available in a different operating system. However, if you delete your Dized account or it is deleted by Playmore Games Inc. for the violation of the Agreements, any such content is lost. Playmore Games Inc. reserves the right to change the price of any content in Dized without prior notice, to any value the company sees fit, and will not offer refunds or reimbursements. If we need to remove content from the service, is majority of the cases it will stay in your account. However if get a notification of that content breaking any laws, and we need to remove it, the removal might extend to users libraries as well. Any reimbursement in such a case will be considered case-by-case.
If the content is distributed for a fee, specific terms between the Publisher and Playmore Games will state how the revenue is shared.
12 Term and termination
These Agreements will apply until you terminate them or they are terminated from behalf of Playmore Games Inc. As an exception rights for user submitted content and feedback referred in the Agreements are irrevocable. If you violate these Agreements we may terminate your access to the Dized service and ban, suspense or delete your account altogether. If either party terminates the Agreements, or your access to the service is suspended, you agree that Playmore Games Inc. has no liability to you and Playmore Games Inc. will not refund any amounts that you have paid. To terminate your account please contact us.
Terminating the Business Account in Dized Portal does not automatically erase the content created under it and even in a case where it would, any users that have purchased such content will still have the access to it, unless violations such as stated in the paragraph USER GENERATED CONTENT.
13 Warranty and disclaimer
DIZED IS PROVIDED AS IS WITHOUT ANY GUARANTEES OR WARRANTY, HOWEVER PLAYMORE GAMES STRIVES TO PROVIDE YOU WITH THE BEST SERVICE IT CAN. IN ASSOCIATION WITH THE PRODUCT. PLAYMORE GAMES MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF TITLE, AVAILABILITY OR OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOU USE OF THE PRODUCT AT YOUR OWN RISK. PLAYMORE GAMES NOR THIRD-PARTIES CAN NOT WARRANT THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION DIZED MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS OR USER CONTENT OR ANY SERVICES OR MATERIAL ADVERTIZED THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PLAYMORE GAMES INC AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT PLAYMORE GAMES INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE DIZED SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM PLAYMORE GAMES SHALL CREATE ANY WARRANTY ON BEHALF OF PLAYMORE GAMES INC IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
IF YOU DO NOT WISH TO KEEP USING THE APPLICATION OR ARE UNHAPPY WITH IT, PLEASE, STOP USING IT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLAYMORE GAMES, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE DIZED SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PLAYMORE GAMES INC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE DIZED SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
The Agreements do not remove Playmore Games Inc’s liability for fraud, misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
15 Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Playmore Games Inc., and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Playmore Games Inc. only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
16 Prior and additional agreements
These Agreements supersede any prior Agreements, whether written or oral. Note, there might be additional Agreements you need to abide by when using certain content in Dized, to the extent that there is no irreconcilable conflict between the terms, the additional terms shall prevail.
You agree to indemnify to the fullest extent Playmore Games Inc. harmless from and against all damages, losses or expenses including attorney fees and costs that originate from your breach of this agreement, user content or your violation of rights or laws or third party Agreements.
18 Governing Law, Jurisdiction and Arbitration
The Finnish law is the governing law that covers this Agreement, Dized service and any possible arbitration. Any dispute arising out of or in connection with this Agreement shall be first negotiated for a solution and finally settled in arbitration by one (1) arbitrator to be held in Helsinki, Finland, in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The Finland Chamber of Commerce shall nominate the sole arbitrator. The arbitration proceeding shall be in the English language unless all parties of the dispute agree to use Finnish language. In any case evidence may be submitted also in Finnish and witnesses heard in Finnish. The Client may appear by phone or similar method of communication, if permitted by the arbitration society/arbitrators, at any proceedings.
18.1 Class action waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND PLAYMORE GAMES INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Unless both you and Playmore Games Inc. agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Really, I mean it, thanks for reading through this! Now go have fun with Dized.
Playmore Games Inc. Kaivokatu 8 B 00100 Helsinki / Finland VAT: FI26164257