Dized Terms and Conditions of Use
Effective as of 20th of October 2020
- Terms and introduction
- 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
|Terms||This Terms and Conditions document|
|Playmore Games||Playmore Games Inc., creator of Dized (Opastinsilta 8E, 00520, Helsinki Finland, BusinessID: 26164257)|
|You||The end-user using services provided by Playmore Games, who has approved these Agreements|
|Content||Digital content available in the Dized Platform, including but not limited to Tutorials, Digital Rules, Interactive Mechanics, Digital Add-ons|
|Tools||Dized content creation tools that allow the creation of digital content|
|Portal||A system that hosts the Tools and other functions to manage content, prices, users, rights, privacy, data etc.|
|App / Dized||Dized End-User Application available on iOS, Android and for PC / Web|
|Platform||The umbrella term that consists of Tools, Portal and App and any relevant web services provided by Playmore Games or Dized|
|Parties||You and Playmore Games, that this contract is valid between|
|Backer Credit||Digital currency used in the App, that was available for crowdfunding backers|
By registering, signing up or using the Dized Platform you accept the terms displayed in the Agreements and will enter into a contract with Playmore Games. By entering into the contract you acknowledge that you have read and understood the Agreements, and have accepted them and thus are bound by them. If for any reason you can not comply with the Agreements, then you can not use Dized service or application.
In these Terms we cover both the App and the Portal along with any web pages and other services we provide. Please note that the Dized Distribution Agreement is a separate document.
The most up-to-date version of the Agreements can always be found on the Dized web page.
To use Dized, please make sure that Your device meets the technical requirements. Playmore Games does not hold any responsibilities for any possible damages for devices that aren’t supported officially by Dized or if the user is using Dized in a way not originally intended by Playmore Games.
To use the Platform You need to be 18 or older OR be 13 or older and have Your parents or guardians consent to the Agreements. To use the Portal You need to be at least 18 or older. In addition, the subject must have the power to enter into a binding contract with Playmore Games and not be barred from doing so under any applicable laws, and be a resident in a country where Dized is available.
You will also have to ensure that any information you give us when registering or signing up is accurate and You will do your best to keep them up to date.
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 App, Portal or by email You have provided for us. After we have given You notice about the change in the Agreements, in some cases, 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 the App is free of charge (possible operator fees not taken into account). This does not include the paid Content, which can be accessed through subscriptions, in-app purchases, or other similar methods. 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
Playmore Games might offer paid Content as free from time to time as part of campaigns, promotions or free-trial periods. Playmore Games is free to end and withdraw these promotions at their own discretion. The paid Content that is offered for free and activated on the users account will remain on that account (unless otherwise stated). However any features 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 terms and agreements might apply to these and they are separately announced.
Some trial Content may be subscription based and in this case Playmore Games may require 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 well in time before the trial ends. You can cancel Your trial and thus subscription at any time during the trial period from the App or by terminating Your account. If You do not, then Playmore Games will charge You monthly for the mentioned subscription fee, which You can cancel at any time before your next monthly payment. Playmore Games will not refund any fees that have already been paid for.
4 Rights and restrictions when using Dized
Dized Application, Portal, Tools and service are property of Playmore Games. Content published within the Platform may be property of third-parties and other companies. Such information will be indicated in the Content itself. You are allowed to use the App as you wish for personal and for limited commercial use. Limited commercial use means that 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 App 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, it’s acceptable to show parts of Dized tutorials in (streaming) video services, if they do not harm Playmore Games’ business and if they’re accompanied with 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. You are not allowed to share Your account with others. Violating this by sharing Your account info can lead to a temporary suspension of Your account or in extreme cases, a permanent removal of the account. Any purchases done to such an account will not be reimbursed.
You are not allowed to sell Your personal account nor the Content within unless expressly permitted by this Agreement or by Law.
An Organization Account can be managed by anyone who the account manager or administrator of the organization deems fit and gives access to, Playmore Games does not take any responsibility over abuse or consequences 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, mobile devices or similar. All Dized trademarks, names, logos, domains and such are sole property of Playmore Games. Any aforementioned 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. If these third party softwares do not fall under the Agreements you have to approve a separate third party licence terms agreement to use such Content.
6 User-Generated Content
While most of the Content creation in Dized is done in the Dized Portal and a separate agreement governs it, as a user You might get an approval from an owner of an Organization Account that allows you to create, modify and upload Content to the Portal. Any Content created or uploaded under an Organization Account will fall under the Publishing Agreement approved by the owner of that account.
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. In some cases 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 the Platform. 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 to the current Dized hardware and software specifications.
You are not allowed to use Dized Portal or any Dized services for anything else than what the service is intended to. Such disallowed usage includes, but is not limited to, using Dized Portal or any other Dized services as Your personal or commercial cloud storage.
7 Rights you grant us
You will grant Playmore Games the right to allow Dized to use the processor, bandwidth and storage of Your device that You have installed the application on. Other rights will be asked upon installing the application (such as camera access). You will also grant the permission to provide advertising and other messages within the application, be they from Playmore Games or from a business companion of Playmore Games. If You consent to having Push Messages from Dized on Your device, You will also grant Playmore Games the right to send them on messaging relating to Dized or its content.
If You provide Playmore Games 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 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 sees fit and in any chosen medium. Also You will agree that Playmore Games will not need to identify such content as created by You. If by any chance Playmore Games 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 Playmore Games, especially because Dized Platform is filled with third-party art and other assets. While using the service and application Playmore Games expects the same respect towards these issues as well. Please follow these rules – and if You see violations, contact Playmore Games.
The following things are forbidden:
- Copying, redistributing, reproducing, transferring or extracting any Content of Dized without proper authorization.
- Using Dized Content or any related service provided by Playmore Games 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.
- Reverse-engineering, decompiling, disassembling or modifying the Dized Platform, including but not limited to the App, Tools or any Content.
- Circumventing, selling or renting any part of Dized Portal, Content or Application.
- Giving Your personal user account details and password to other people or logging in with someone else’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 permission from Playmore Games.
- Create any scripts, apps, executable programs or other similar articles that might interfere, disturb, make vulnerable, probe, scan, hack or disrupt the Dized Platform or other users’ devices.
If Playmore Games is notified that any action You have taken or Content You have created or shared violates these clauses, Playmore Games can in its own discretion either contact You and ask to remedy the situation or in some cases remove it from the system without notification to You or the provider of such Content. If any dispute should arise, contact Playmore Games. 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.
You will also be responsible for any claims directed to Playmore Games as a result of the infringement.
Playmore Games 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 believe that your credentials have been stolen, please change your password as soon as possible and if need be, contact Playmore Games.
9 Service limitations and modifications
A service like Dized might have some operational interruptions due to regular updates and patches. Playmore Games will try to make all necessary efforts to keep the Dized and the Dized Portal services running. Playmore Games reserves the right to disable functions and services permanently or in short term if deemed necessary. Playmore Games will inform You about these changes appropriately and in time, when possible. If You have a subscription that Playmore Games will have to cancel due to changes in service, Playmore Games will refund You these subscription payments for the time that is left in the subscription.
There might be cases where either Playmore Games or a third-party company will be forced to pull out, heavily modify and/or remove Content without notice.
If You have purchased Content that is removed from the Dized App, it shall remain on Your device and personal account unless otherwise stated.
However, if such Content is breaking any laws, Agreements or the Publishing Agreement, and Playmore Games needs to remove it from the Platform, the removal might extend to users libraries as well. Any reimbursement in such a case will be considered case-by-case.
You agree and accept that Playmore Games doesn’t have the obligation to update, support and maintain all or any specific Content.
10 Dized support and customer support
In case of any problems with the Dized Platform or any relevant service, or for customer support, You have to contact the official support in the Dized web page. Playmore Games will try to reply to queries in a reasonable timeframe. Any comments, feedback, suggestions, tips or instructions given by Playmore Games employees, partners or other 3rd parties in any other forum or site, than the official support page, will be considered unofficial and is given without any warranties.
Any support and issues in Content displayed in the App is handled by the creator of that content.
11 Subscription and paid content
Dized supports both free and paid Content and at any point any Content previously considered free or free-trial behind can move to become a paid Content without a prior notice, or vice versa. 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 does not give any warranty or guarantee that the purchased Content will be exactly the same or even available in a different operating system, language or location. However, if You delete your Dized account or it is deleted by Playmore Games for the violation of the Agreements, any such Content is lost.
If Content is removed from the service in most cases it will remain on Your personal account as specified in 9 Service limitations and modifications.
12 Term and termination
These Agreements will apply until You terminate them or they are terminated from behalf of Playmore Games. As an exception, rights for user submitted content and feedback referred in the Agreements are irrevocable. If You violate these Agreements Playmore Games may terminate Your access to the Platform and suspend or delete Your account altogether. If either party terminates the Agreements, or Your access to the service is suspended, You agree that Playmore Games has no liability to You and Playmore Games will not refund any amounts that You have paid. Terminating Your account can be considered as terminating these Agreements. To terminate Your account please contact Playmore Games.
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 these Agreements.
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 non infringement of third party rights. You use 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 advertised through the service. To the fullest extent permitted by applicable law, Playmore Games 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 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 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 App 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 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’ liability for fraud, misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdiction 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, 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 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 Platform 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 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 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.
Playmore Games Inc. Opastinsilta 8 E 00520 Helsinki / Finland VAT: FI26164257 / support(AT)dized.com