Terms of service
Effective Date: January 25, 2021
The terms of this agreement (“Terms of Service”) govern the relationship between you and Mutate AB, a Swedish company (business ID 556972-2134) having its registered office at Hammarby Kaj 10A, 120 32 Stockholm, Sweden, (hereinafter “Mutate” or “Us” or “We”) regarding your use of Mutate’s platform (the “Platform”). The Platform is part of a service offered by Mutate that allows users to develop games, connect with other users to play games, and use content created by you and other users (the “Service”).
Before accessing or using the Service, including browsing any Mutate website or accessing the Platform, you must agree to these Terms of Service and Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Mutate reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Mutate policies at any time by posting the amended terms on the Mutate Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Mutate Privacy Policy, or any other Mutate policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
Early Access WHERE THE PLATFORM IS MADE AVAILABLE TO YOU AS PART OF AN ALPHA, BETA OR OTHER EARLY ACCESS PROGRAMME YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:THE PLATFORM IS MADE AVAILABLE “AS IS” AS WORK IN PROGRESS AND AS PART OF AN EARLY ACCESS PROGRAMME FOR EVALUATION AND DEMONSTRATION PURPOSES ONLY, IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE INCLUDING THE IDENTIFICATION OF ANY ERRORS OR DEFECTS; THE PLATFORM MAY (AND LIKELY WILL) CONTAIN DEFECTS AND/OR ERRORS; THE PLATFORM MAY AND PROBABLY WILL CRASH AND / OR CAUSE DATA LOSS; YOU USE, DOWNLOAD AND INSTALL THE PLATFORM AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED AS IS AND WITH FAULTS.YOU ARE ADVISED TO BACK-UP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE PLATFORM. YOU MAY HAVE ACCESS TO AND BE ENTRUSTED WITH CONFIDENTIAL INFORMATION AND TRADE SECRETS RELATING TO THE PLATFORM BEFORE IT IS MADE PUBLIC, AND ABOUT OUR BUSINESS AND PLANS. YOU WILL NOT DIVULGE OR COMMUNICATE TO ANY PERSON, CAUSE OR FACILITATE ANY DISCLOSURE OF, OR MAKE ANY USE OF, SUCH CONFIDENTIAL INFORMATION WITHOUT OUR PRIOR WRITTEN PERMISSION. THIS OBLIGATION SHALL SURVIVE TERMINATION OF THE TERMS BUT SHALL NOT APPLY IN RESPECT OF ANY INFORMATION WHICH HAS BECOME AVAILABLE TO THE PUBLIC GENERALLY OTHER THAN THROUGH UNAUTHORISED DISCLOSURE.WHERE THE SERVICE OR PROGRAMME IS MADE AVAILABLE AS PART OF AN EARLY ACCESS PROGRAMME THIS DOES NOT GUARANTEE THAT IT WILL BE MADE AVAILABLE MORE GENERALLY OR RELEASED IN FINAL FORM OR THAT YOU WILL BE ABLE TO CONTINUE OUR PROGRESS IN ANY FULL RELEASE. WE MAY WITHDRAW THE SERVICE OR PROGRAMME AT ANY TIME.
1. Licence
1.1. Grant of a Limited License to Use the Service Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Mutate policies, Mutate grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service:
- You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
- You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Mutate, or previously been banned from the Platform.
- You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Login information and Your Account
You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Mutate and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. Mutate reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Licence Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree that you will not, under any circumstances:
- Engage in any act that Mutate deems to be in conflict with the spirit or intent of the Service or make improper use of Mutate’s support services.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks or any unauthorized third-party software designed to modify or interfere with the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Mutate, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Mutate employees, including Mutate’s customer service representatives.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Mutate employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Mutate.
- Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service.
- Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Mutate reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Mutate reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, MUTATE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR MUTATE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND MUTATE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR PLATFORM AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. MUTATE RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Mutate reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such an event, Mutate shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted. You may terminate your Account at any time and for any reason by informing Mutate that you wish to terminate your Account.
2. Ownership
2.1. Service
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Intellectual Property” or “IP”) are protected by law. All IP contained in the Service is our property or our users’ or third-party licensors’ property. The IP includes User Generated Content (“UGC”) that has been licensed to us by our users under Section 3.2.3 below. Except as expressly authorized by us in these Terms, you may not make use of any IP contained in the Service unless you get separate permission from the owner. We reserve all rights to the IP not granted expressly in these Terms.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MUTATE.
3. User Generated Content (“UGC”)
3.1. Submission of UGC
“UGC” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any UGC while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) adheres to the Terms including, without limitation the License Limitations, (c) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the UGC; (d) free of viruses, adware, spyware, worms or other malicious code; and (e) you acknowledge and agree that any of your personal information within such content will at all times be processed by Mutate in accordance with its Privacy Policy.
3.1.1. Content Screening
Mutate assumes no responsibility for the conduct of any user submitting any UGC, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all UGC. Your use of the Service is at your own risk. By using the Service, you may be exposed to UGC that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any UGC available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. Mutate reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any UGC (including without limitation your UGC) without notice for any reason or for no reason at any time. If at any time Mutate chooses, in its sole discretion, to monitor the Service, Mutate nonetheless assumes no responsibility for UGC and assumes no obligation to modify or remove any inappropriate UGC. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any UGC.
3.2. Information Use By Other Members Of The Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post UGC, including your observations and comments on designated topics. Mutate cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Mutate shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you publish on, through or in connection with the Service and that you provide to others. Mutate may reject, refuse to post or delete any UGC for any or no reason, including, but not limited to, UGC that in the sole judgment of Mutate violates these Terms of Service.
3.2.3. Your License To Mutate
You hereby grant to Mutate an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your UGC as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Mutate the right to authorize others to exercise any of the rights granted to Mutate under these Terms of Service. You further hereby grant to Mutate the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any UGC and in connection with any UGC, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your UGC, regardless of whether your UGC is altered or changed in any manner. Mutate does not claim any ownership rights in your UGC and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your UGC. Mutate has no obligation to monitor or enforce your intellectual property rights in or to your UGC. Kindly note that if you provide UGC (such as a catalog item or other items to or for the Service), you do not have the right to remove or modify that UGC (unless Mutate provides tools for you to remove or modify that specific type of UGC, or unless otherwise required by law). When using the Service, you may be prompted to grant other Mutate users the right to use your UGC. If you agree to grant this right, other users may use your UGC to create their own games and other UGC on the Service, and you will not be entitled to any revenue that those other users earn, even if they use your UGC.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Mutate reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Mutate to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Mutate access to any password-protected portions of your Account. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
3.4. Trademark Infringement
Our policies prohibit you from providing UGC that infringes trademarks. If you Provide UGC that infringes trademarks, your UGC can be blocked or removed. If you are a trademark owner that believes your trademark is being infringed, please note that we are not in a position to mediate disputes between users and the holders of trademark rights. That being said, we take your rights seriously. So, we will look into and try to resolve any allegations of trademark infringement. Therefore, if you feel that your trademark rights are being infringed, contact our Trademark Agent at Infringement@mutate.se or Legal, Hammarby Kaj 10A, 120 32 Stockholm, Sweden. When you contact us, please provide the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark;
- A description of the trademark right that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of those materials is not authorized by the trademark owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the copyright or intellectual property owner’s behalf.
4. Updates To The Service
You understand that the Service is an evolving one. Mutate may require that you accept updates to the Service that you have installed on your device or computer. You acknowledge and agree that Mutate may update the Service, with or without notifying you. You may need to update third party software from time to time in order to receive the Service.
5. Disclaimer Of Warranties
THE SERVICE ALSO INCLUDES CODE, MATERIALS, AND INFORMATION FROM OTHER SUPPLIERS. WITHOUT LIMITING MUTATE’S LIABILITY UNDER SECTION 6 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND. MUTATE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL, AND WRITTEN) WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS OF ANY KIND, SUCH AS TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, AUTHORITY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT MUTATE KNOWS OR HAS REASON TO KNOW OF ANY SUCH PURPOSE), SYSTEM INTEGRATION, ACCURACY OR COMPLETENESS, RESULTS, REASONABLE CARE, WORKMANLIKE EFFORT, LACK OF NEGLIGENCE, AND LACK OF VIRUSES, WHETHER ALLEGED TO ARISE UNDER LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MUTATE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS MAKE NO WARRANTY THAT (1) ANY OF THE SERVICE WILL OPERATE PROPERLY ON YOUR HARDWARE OR OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE, (2) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, (3) THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, BUG FREE, OR ERROR FREE IN ANY OR ALL CIRCUMSTANCES, (4) THAT ANY DEFECTS IN THE SERVICE CAN OR WILL BE CORRECTED, (5) THAT THE SERVICE ARE OR WILL BE IN COMPLIANCE WITH A PLATFORM MANUFACTURER’S RULES OR REQUIREMENTS, OR (6) THAT A PLATFORM MANUFACTURER HAS APPROVED OR WILL APPROVE THE SERVICE, OR WILL NOT REVOKE APPROVAL OF THE SERVICE FOR ANY OR NO REASON. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER COMPARABLE STATUTE IS EXPRESSLY DISCLAIMED BY MUTATE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS. MUTATE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DO NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE, OR SECURE OPERATION OF OR ACCESS TO THE SERVICE. THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6. Limitation Of Liability; Sole And Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MUTATE NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR MUTATE’S OR OTHER ENTITIES’ DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, SHALL BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IN THE EVENT OF MUTATE’S, OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE AND WHETHER OR NOT MUTATE (OR SUCH OTHER ENTITIES OR PERSONS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION. TO THE EXTENT NOT PROHIBITED BY LAW, MUTATE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO MUTATE IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO MUTATE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND MUTATE’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH MUTATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MUTATE OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF MUTATE.
You agree to indemnify, defend and hold Mutate, our parents, subsidiaries, affiliates, independent contractors, licensors, suppliers, advertisers, partners, sublicensees and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.
7. Disbute Resolution And Law
If a dispute arises between you and Mutate, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at https://www.mutate.se/. You agree that any claim or dispute you may have against Mutate must be resolved exclusively by a court located in Stockholm, Sweden.
8. Severabilty
You and Mutate agree that if any portion of these Terms of Service or of the Mutate Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
9. General Provisions
9.1. Assignment
Mutate may assign or delegate these Terms of Service and/or the Mutate Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Mutate’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
9.2. Supplemental Policies
Mutate may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Mutate Privacy Policy), contain the entire understanding of you and Mutate, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
9.4. No Waiver
The failure of Mutate to require or enforce strict performance by you of any provision of these Terms of Service or the Mutate Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Mutate’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Mutate of any provision, condition, or requirement of these Terms of Service or the Mutate Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Mutate shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Mutate.
9.5. Notices
We may notify you via postings on www.mutate.se, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Mutate Privacy Policy shall be in writing and addressed to: Mutate AB, Hammarby Kaj 10A, 120 32 Stockholm, Sweden. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
9.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Mutate are of a unique and irreplaceable nature, the loss of which shall irreparably harm Mutate and which cannot be replaced by monetary damages alone so that Mutate shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Mutate game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
9.7. Force Majeure
Mutate shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Mutate, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Mutate’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.