WORDS OF OZ TERMS OF USE

About these terms

  1. These terms create a legal agreement between you (“you” or “your”) and Ozma Speldesign AB, Rådmansgatan 15 B, 211 46 Malmö Sweden with VAT-number SE556711845901 (“we”, “us” or “our”) in relation to our website wordsofoz.com (“Words of Oz”, “Game”, “Website”). You agree that by accessing and/or using Words of Oz, you are agreeing to these terms and our Privacy Policy (see paragraph 10 below).
  2. You 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 and agreed to these terms and is happy for you to access and use our Game.
  3. We can make changes to these terms at any time in accordance with paragraph 15 below and your continued use of our Game shall confirm your acceptance of the updated terms.

About using and accessing Words of Oz

  1. The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. We accept payment via Paypal only. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible.
  2. You are responsible for the internet connection and/or mobile charges that you may get for using our Game.
  3. We have the right to withdraw or modify our Game without liability to you from time to time:
    • to allow us to improve the player experience
    • for technical reasons (such as technical difficulties experienced by us or on the internet);
    • where we have legal reasons for it;
  4. There may also be times when our Game available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

Accounts

  1. You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Game to interact with.
  2. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
  3. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using our Game and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
  4. We reserve the right to delete your account if no activity is conducted by you in relation to the account for a period of 200 or more days. In such event, you will no longer be able to access and/or use any Virtual Currency (as defined below) associated with that account and no refund will be offered to you in relation to the same.
  5. You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Game and any Virtual Currency associated with your account).

Virtual Currency

  1. Our Game include a virtual currency called Besoz (“Virtual Currency”). You can buy Virtual Currency from us for real money if you are 18 years old or more. Virtual Currency can never be exchanged for real money, real goods or real services from us or anyone else. You agree that you will only obtain Virtual Currency from us, and not from any third party.
  2. You do not own Virtual Currency but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Currency does not reflect any stored value.
  3. You agree that all sales by us to you of Virtual Currency are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases. Note that when you purchase a licence to use Virtual Currency from us, the performance of our Game begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
  4. We reserve the right to control, regulate, change or remove any Virtual Currency without any liability to you.
  5. Without limiting paragraph 3.4, if we terminate or suspend your account in accordance with paragraph 7 of these terms you will lose any Virtual Currency that you may have and we will not compensate you for this loss or make any refund to you.

User conduct and content

  1. You must comply with the laws that apply to you in the location that you access our Game from. If any laws applicable to you restrict or prohibit you from using our Game, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Game.
  2. You promise that all the information you provide to us on accessing our Game is and shall remain true, accurate and complete at all times.
  3. Information, data, software, graphics, photographs, video, sound, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Game by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Game, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Game.
  4. You agree not to upload, communicate, transmit or otherwise make available any Content:
    • that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
    • that is or could reasonably be viewed as invasive of another's privacy;
    • which infringes any intellectual property right or other proprietary right of others;
    • that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
    • which contains software viruses or any other computer code, files or programs designed to destroy or limit the functionality of any hardware or computer software or telecommunications equipment.
  5. You agree that you will not:
    • use our Game to harm anyone or to cause offence to or harass any person;
    • sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency;
    • disrupt the normal flow of our Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Game or engaging in real time exchanges;
    • disobey any requirements or regulations of any network connected to our Game;
    • use our Game in violation of any applicable law or regulation;
    • use our Game to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to our Game;
    • create more than one account per platform to access our Game;
    • use another person or entity’s email address in order to sign up to use our Game;
    • use our Game for fraudulent or abusive purposes;
    • anonymize or hide your IP address or the source of any Content that you may upload;
    • use our Game for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
    • remove or amend any proprietary notices or other ownership information from our Game;
    • interfere with or disrupt our Game or networks that provide our Game;
    • attempt to decompile, disassemble or hack any of our Game, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
    • use our Game in any other way not permitted by these terms.
  6. We do not control Content posted in our Game by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Game, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Game.
  7. We have the right to remove uploaded Content from our Game if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Game into disrepute. We do not actively monitor Content that is contributed by people that use our Game and we make no undertaking to do so.
  8. You are solely responsible for your interactions with other users of our Game.

Playing our Games with other users

  1. Our Game allow you to play against an opponent. You may be able to (i) choose to play against another user, or (ii) play against one of your contacts on a platform or social network which you have allowed our games to interact with. Our Game may also allow you to search for your friends (for example, by email address) in order to find them to play against.
  2. Where we select another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your location or level you have reached in the Game).
  3. By accessing and/or playing our Game, you agree to your user name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your user name publically, and not your email address; another user must already know your email address in order to search for you.

Your breach of these terms

  1. We reserve the right to suspend or terminate your access to our Game (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 5.4 or 5.5 are likely to be considered material breaches.
  2. You agree to compensate us, according to law, for all harm, losses, claims and expenses that may arise from any breach of these terms by you.

Disclaimer and release

  1. We will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 90 day period ending on the date of your claim. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
  2. We are not responsible for:
    • losses or harm not caused by our breach of these terms or negligence; or
    • losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
    • any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
    • technical failures or the lack of availability of our Website, Game, and/or social media channels where these are not within our reasonable control.
  3. You acknowledge that your only right with respect to any problems or dissatisfaction with any of our Game is to discontinue your use of our Game and we are not responsible or liable for any interruptions or errors that you may experience while accessing our Game.
  4. Any additional legal rights which you may have as a consumer remain unaffected by these terms.

Privacy

  1. We are registered with the data protection authority in Sweden.
  2. We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. By using our Game, you give your consent to us collecting, using, sharing and processing your personal data in this way.
  3. Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Game to. If you play our Game and you agree to allow them to interact with a social network you are giving us permission to use any information that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Game better for you and others that play our Game on that social network. If you do not agree to these practices you should not allow our Game to interact with your social network.
  4. We may use cookies, or similar technologies (such as HTML5 Local Storage) to store certain types of information each time you use our Services. They may for example be used to help us recognize your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account. You can find out more about how we use cookies and other similar technologies by reading our Privacy Policy.

Intellectual property

  1. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Game (other than Content which is contributed and owned by players) is owned by or licensed to us.
  2. Whilst you are in compliance with these terms, we grant you a personal, non-exclusive, non-transferable, revocable limited license to access and use our Game (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Game for anything else.
  3. You must not distribute, copy, make available to the public or create any derivative work from our Game or any part of our Game unless we have first agreed to this in writing.
  4. In particular, and without limiting the application of paragraph 9.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our Game, including providing access to any Virtual Currency, whether on a free of charge basis or otherwise.
  5. By submitting Content (as defined in paragraph 5.3) via our Game you:
    • are representing that you are fully entitled to do so;
    • grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
    • acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content;
    • agree that we have no obligation to 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 want to, including but not limited to taking legal action (at our cost) on your behalf.
    • You must not distribute, copy, make available to the public or create any derivative work from any Content belonging to any other user of our Game.

Transferring these terms

  1. We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

Entire agreement

  1. These terms set out the entire agreement between you and us concerning our Game (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access or play our Game via other platforms (for example, by downloading our Game to play via the App Store, Google Play or by accessing our Game via any other third party website or service, including, without limitation, Facebook) then different terms and conditions may apply in respect of those Games.

Severability

  1. If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.

Changes to these terms

  1. We reserve the right to update these terms from time to time by posting the updated version on our Website. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Game.

Waivers of our rights

  1. Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

Complaints and dispute resolution

  1. Most concerns can be solved quickly by contacting us at support@ozmagames.com. In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Sweden.

Questions about these terms

  1. If you have any questions about these terms or our Game you may contact us by email at support@ozmagames.com.
  2. These terms were last updated on 1 August 2014.