The below terms and conditions (the "Terms") apply to your use of software applications and other related products or services (collectively the "Services") offered by One Color Games ApS, or its affiliates (collectively "One Color Games", "we" or "us").
By accessing and/or using the Services, you acknowledge that you have read and understood the Terms and agree to be legally bound by them.
1. Processing of data
In connection with your use of the Services, we may process certain data which may include personally identifiable information. Our processing of data is described in more detail in our privacy and security policy which shall be considered an integral part of these Terms. The privacy and security policy is available at www.onecolorgames.com/privacypolicy
By accessing and using the Services, you consent to the processing of data as described in the privacy and security policy. If you do not agree with the contents of the policy, you should not access or use the Services.
2. Rights relating to the Services
You are granted a limited, nonexclusive, non-transferable, fully revocable right to access and use the Services only for the purpose for which they are intended and in accordance with these Terms. Except as specifically set forth in these Terms, all rights in, relating to, or arising out of the Services and all of its contents, including copyrights and other intellectual property rights, shall at all times remain the sole property of One Color Games. The foregoing shall apply with respect to any subsequent updates or modifications of the Services, regardless of whether such update or modification may be based on information provided by you, and you specifically acknowledge that we may use any such information as we see fit without payment of any compensation to, or accreditation of, you.
Except to the extent specifically permitted by mandatory law, you are not allowed to sell, rent out, lease out, assign, sublicense, redistribute, reproduce, republish, frame, copy, reverse engineer, decompile, modify or creative derivate works of The Services, its contents or any related software.
3. Your Use of the services
You are allowed to use the Services for private purposes only and may accordingly not use the Services for commercial or other non-private purposes, except as specifically authorized under a separate written agreement with us. We may discretionarily determine whether a certain use is to be deemed non-private.
The Services may not be used in manners or for purposes that are unlawful, infringe the rights of third parties, negatively affect the operation of the Services or any third party's use thereof, or compromise the security of the Services. You are solely responsible for ensuring that you do not infringe any third parties' rights in using the Services.
You agree to indemnify and hold us harmless from any losses, liabilities and expenses (including attorneys' fees) incurred as a consequence of your infringement of any third parties' rights or your unlawful or unauthorized use of the Services.
4. Warranty disclaimer
THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING AS TO QUALITY, PERFORMANCE, CORRECTNESS, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTIBILITY OR NON-INFRINGEMENT.
ALTHOUGH WE STRIVE TOWARDS LIMITING TECHNICAL PROBLEMS AS FAR AS POSSIBLE, WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE ERROR-FREE, COMPLETELY SECURE OR OPERATE IN AN UNINTERRUPTED MANNER.
5. Limitation of liability
You assume full responsibility for your own use of the Services and your only remedy in case the Services do not meet your expectations shall be to discontinue your use thereof. One Color Games specifically disclaims any and all liability for messages, photos or other contents provided by our business partners, e.g. in advertisements.
Without limitation to the foregoing, One Color Games disclaims any liability for indirect, incidental, consequential, special, punitive or exemplary losses or damages, including without limitation loss of use, data, profits, business, goodwill or privacy, regardless of whether One Color Games has been advised of the possibility of such losses, and in no event shall our liability towards you in relation to your access to or use of the Services exceed DKK 1,000 in aggregate. The foregoing limitations shall apply to the widest extent permitted by applicable law.
6. Modifications of the services
We may without prior notice update or modify the Services in any way we deem appropriate, temporarily or permanently discontinue the Services, or transfer the Services to a third party.
7. Termination of your access to the services
We reserve the right at any time and without prior notice to terminate your access to the Services, if we in our discretion determine that you have not used the Services in accordance with these Terms, or for any other reason find that your access to the Services should be terminated.
8. General provisions
(a) Changes to these Terms. We reserve the right at any time and without notice to change these Terms.
(b) Severability. If any provision of these Terms is declared unenforceable for any reason, the remainder of these Terms shall continue in full force and effect, and the unenforceable provision shall be deemed replaced by such valid and enforceable provision as to the widest possible extent achieves the intended effect of the unenforceable provision.
(c) Assignment. One Color Games shall be entitled to freely assign its rights and obligations under these Terms to any third party.
(d) Governing law and venue. These Terms and your access to and use of the Services shall be subject to the laws of Denmark without regard to its choice of law principles. Any dispute arising out or of relating to these Terms or your use of the Services shall be settled exclusively by the City Court of Copenhagen as the court of first instance. Notwithstanding the foregoing, preliminary injunctions may be sought at any competent court.