Användningsvillkor
1. Your acceptance
By using/visiting the multigames.com website you manifest your approval to both the terms and conditions (the "Terms of Use" at http://www.multigames.com/terms) found below and Multigames.com's privacy policy (the "Privacy Policy" at http://www.multigames.com/privacy). If you are not accepting these terms please do not use multigames.com website.
2. The website
These Terms of Use apply to all users of the Multigames.com website, including users who contribute with flash games, music, pictures, information, video content and other materials or services. The Multigames.com website may contain links to third party websites that are not owned or controlled by Multigames.com. By using the Multigames.com website, you expressly relieve Multigames.com of any and all liability arising from your use of such third-party website. Multigames.com takes no responsibility for the content of such third party websites. When leaving the Multigames.com website we therefore encourage you to read the terms and conditions and privacy policy of the other website(s) that you may visit.
3. Access to the website
I. Multigames.com hereby grants you permission to use the Multigames.com website as set forth in this Terms of Use, provided:
(a) that your use of the Multigames.com website as permitted is solely for your personal, non-commercial use,
(b) that you will not distribute or copy any part of the Multigames.com website in any medium without Multigames.com's prior written authorization,
(c) that you will not alter or modify any part of the Multigames.com website other than as may be reasonably necessary to use the Multigames.com website for its intended purpose,
and
(d) that you will comply with the terms and conditions of these Terms of Use as well as the Privacy Policy.
II. In order to access some features of the Multigames.com website, you will have to create a user account. You may never ever use another's user account without permission. When creating your user account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your user account, and you must keep your user password secure. You should also change your password on a regular basis. You must notify the staff at Multigames.com immediately of any breach of security or unauthorized use of your user account. Although the Multigames.com staff will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Multigames.com or others due to such unauthorized user account use.
III. You agree not to use or launch any automated system - including without limitation - "robots," "spiders," "offline readers," etc., that accesses the Multigames.com site in a manner that sends more request messages to the Multigames.com servers in a given period of time than a human can reasonably produce in the same period by using a convention web browser. Notwithstanding the foregoing, Multigames.com grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Multigames.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including user account names, from the Multigames.com website, nor to use the communication systems provided by the Multigames.com website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Multigames.com website with respect to their Contributions (defined below).
4. Contributions
I. The Multigames.com website permits the submission of flash games, music, pictures, ringtones, video content and other materials submitted by you and other users ("User Submissions") and the hosting, sharing, and publishing of such User Submissions. By using the website you understand that whether or not such User Submissions are published, Multigames.com does not guarantee any confidentiality with respect to any submissions.
II. You are solely responsible for your own User Submissions and all the consequences of posting/publishing them. In connection with User Submissions, you confirm, signify, and warrant:
(a) that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Multigames.com to use every and all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Multigames.com website and these Terms of Use.
(b) that you have the written consent, release, and permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such person to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Use.
By submitting the User Submissions to Multigames.com, you grant:
(i) Multigames.com a worldwide, non-exclusive, royalty-free, perpetual, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Multigames.com website and Multigames.com's (and its successor's) business, and any other technology or media available today as well as in the future, including without limitation for promoting and redistributing part or all of the Multigames.com website (and derivative works thereof) in any media formats and through any media channels.
(ii) each user of the Multigames.com website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Multigames.com website, except for such license a user may have bought to download (Section 4, IV) the User Submission.
III. In connection with User Submissions, you further agree that you will not:
(a) Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Multigames.com all of the license rights granted herein.
(b) Publish falsehoods or misrepresentations that could damage Multigames.com or any third party.
(c) Submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
(d) Post advertisements or solicitations of business.
(e) Impersonate another person. Multigames.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Multigames.com expressly disclaims any and all liability in connection with User Submissions. Multigames.com does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Multigames.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Multigames.com reserves the right to remove Content and User Submissions without prior notice. Multigames.com will also terminate a user's access to the Multigames.com website, if they are determined to be a repeat infringer. Multigames.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Multigames.com may remove such User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
IV. Multigames.com shall have the right, but not the obligation, to license all User Submissions to its users for download and use in accordance with the Multigames.com's Licensing Terms (in italics below).
Multigames.com's Licensing Terms
All Multigames.com's users are, against payment according to the pricelist and payment instructions at http://www.multigames.com/payment, obligated to grant the other users a personal, non-exclusive, non-transferable, right to use the User Submission in the following way,
a) On your personal, non-commercial, web site;
b) For your personal, non-commercial, use;
c) As skins, mobile signals, mobile/computer games and "wallpapers" for your own personal use;
d) In the event that you create a derivative work based on or incorporating one a User Submission, all rights in and to such User Submission shall continue to be owned by the Submitting User.
All other rights to the User Submissions are expressly reserved by Multigames.com and the Submitting User.
V. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit an infringement notification to Multigames.com with the information below in writing to info@multigames.com:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VI. You understand that when using the Multigames.com website, you will be exposed to User Submissions from a variety of sources, and that Multigames.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Multigames.com with respect thereto, and agree to indemnify and hold Multigames.com, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
VII. Multigames.com permits you to link to materials on the website for personal, non-commercial, purposes only, provided that you include a prominent link back to the Multigames.com website on the page. Multigames.com reserves the right to discontinue any aspect of the Multigames.com website at any time.
5. Intellectual property rights
The content on the Multigames.com website, except all Contributions, including without limitation, the text, software, scripts, flash programs, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Multigames.com, subject to copyright and other intellectual property rights under Swedish material law and international conventions. Content on the Multigames.com website is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Multigames.com reserves all rights not expressly granted in and to the website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Contributions of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Multigames.com website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Multigames.com website or the Content therein.
6. Warranty disclaimer
You agree that your use of the Multigames.com website shall be at your own risk. To the fullest extent permitted by law, Multigames.com, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Multigames.com makes no warranties or representations about the accuracy or completeness of this website's content or the content of any websites linked to this site and assumes no liability or responsibility for any
(a) errors, mistakes, or inaccuracies of content,
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
(c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(d) any interruption or cessation of transmission to or from our website,
(e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
(f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Multigames.com website. Multigames.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Multigames.com website or any hyperlinked website or featured in any banner or other advertising, and Multigames.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
7. Limitation of Liability
In no event shall Multigames.com, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
(a) errors, mistakes, or inaccuracies of content,
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website,
(c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(d) any interruption or cessation of transmission to or from our website,
(e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or
(f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Multigames.com website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Multigames.com shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The website is controlled and offered by Multigames.com from its facilities in Sweden. Multigames.com makes no representations that the Multigames.com website is appropriate or available for use in other locations. Those who access or use the Multigames.com website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Multigames.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) your use of and access to the Multigames.com website,
(b) your violation of any term of these Terms of Use,
(c) your violation of any third party right, including without limitation any copyright, property, or privacy right, or
(d) any claim that one of your User Submissions caused damage to a third party.
This defence and indemnification obligation will survive these Terms of Use and your use of the Multigames.com website.
9. Ability to accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
10. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Multigames.com without restriction.
11. Changes of the Terms of Use
Multigames.com may at any time and without notice change these Terms of Use, e.g. to keep it compliant with applicable law. Such changes of the Terms of Use shall be deemed binding as soon as they are published on the website (http://www.multigames.com/terms). You should therefore read the Terms of Use each time you intend to use or visit the website.
12. General
You agree that:
(a) the Multigames.com website shall be deemed solely based in Sweden.
(b) the Multigames.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Multigames.com, either specific or general, in jurisdictions other than Swedish. These Terms of Use shall be governed by the laws of Sweden, without respect to its conflict of laws principles. Any claim or dispute between you and Multigames.com that arises in whole or in part from the Multigames.com website shall be decided exclusively by a court of competent jurisdiction located in Stockholm, Sweden. These Terms of Use, together with the Privacy Notice at http://www.multigames.com/privacy and any other legal notices published by Multigames.com on the website, shall constitute the entire agreement between you and Multigames.com concerning the Multigames.com website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Multigames.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Multigames.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Multigames.com website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
YOU AND MULTIGAMES.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MULTIGAMES.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.



