YEMLAND - TERMS OF USE AND PRIVACY POLICY

  1. Terms of Use
    Welcome to YemSoft AB's ('YemSoft AB') 'Yemland' browser based videogame. These terms of use and privacy policy ('Terms of Use') apply to your use of the Yemland website ('Website') at www.yemland.com and all subdomains of yemland.com or such other URL as the Website may subsequently be hosted at), the software, documentation and any associated materials comprising or made available to you in relation to Yemland (the 'Materials') as well as any services offered or provided by YemSoft AB or its nominated third parties in relation to Yemland (the 'Services'). By making use of any of the Website, Materials and Services, you are deemed to have read and agree to be bound by these Terms of Use.

  2. Amendments
    YemSoft AB reserves the right to amend these Terms of Use from time to time upon placing any such amendments on the Website or by providing you direct notice of any such changes. Your continued use of any of the Website, Materials and Services thereafter will be deemed to be acceptance by you of any such changes to these Terms of Use.

  3. Rights
    Unless otherwise stated in these Terms of Use, YemSoft AB is the owner or licensee of all rights including all copyright, trade marks and other intellectual property rights relating to or included within the Website, Materials and Services ('Rights'). For the avoidance of doubt, and to the greatest extent permitted at law, the Rights include without limitation all rights in respect of all graphics, logos, text, images and all other elements included in and deriving from the gameplay and virtual world featured in Yemland, including without limitation in-game names, characters, the virtual currency Yems, the adversary's name Malice and his looks, any virtual items and virtual gear ('Virtual Goods') and their associated benefits or properties acquired or provided for use within Yemland.

  4. Amendments to Yemland
    YemSoft AB at all times retains the right to deal with the Rights as Yemsoft AB at its sole discretion deems appropriate, including without limitation the right without notice to alter, modify, redesign, suspend or discontinue any aspect or feature of the Website, Materials (including without limitation the Virtual Goods) and Services.

  5. Licence
    Provided that you are 16 years or older, and also if you are younger than 18 years old you have legal parental or guardian consent to access and use the Website, Materials and Services, YemSoft AB grants you a limited licence ('Licence') for the purpose of accessing, as applicable downloading, and making use of the Website, Materials and Services (or any parts of such as YemSoft AB may make available to you from time to time) and the related Rights for your own personal and non-commercial use in accordance with these Terms of Use. For the further avoidance of doubt, pursuant to clause 3, any rights you may have in respect of any elements or aspects of Yemland (including without limitation in respect of the in-game content and Virtual Goods)) are strictly limited to a personal 'licence to use' such as part of the Licence and at no time do you acquire any ownership rights in respect of such. Any contravention by you of these Terms of Use or any other terms or conditions notified to you by YemSoft AB or any behaviour which YemSoft AB deems in its sole discretion is not in keeping with the intended spirit of participation in Yemland, immediately terminates the Licence, or such aspect of the Licence as YemSoft AB may otherwise provide you notice of. Termination of the Licence, or any aspect of the Licence, by YemSoft AB may without limitation also result in the taking of any of the further actions described in clause 15.

  6. Restrictions
    Under no circumstances, without the prior written approval of YemSoft AB, may you:

    (a) Adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website, Materials or Services other than in accordance with the Licence.

    (b) Modify or adapt (including through third parties and third party tools) the game client i.e. a web browser, or its data, other than in the normal course of Yemland gameplay as permitted in accordance with the Licence.

    (c) Utilise any automated software or 'bots' in relation to your access or use of the Website, Materials or Services.

    (d) Knowingly perform any actions that may cause the computers used to support the Website, Materials and Services (the 'Servers') to become overloaded, compromised or crash.

    (e) Connect to the Servers through any software other than the authorised game client software i.e. a web browser.

    (f) Use any data gathering and extraction tools or software to extract information from the Website or utilize framing techniques to enclose any of the contents of the Website.

    (g) Use any meta tags or other hidden text which incorporate YemSoft AB's name or any of its intellectual property including trade marks.

    (h) Perform in-game services during your use of the Website, Materials or Services for any form of compensation outside of Yemland.

  7. Recording and Streaming Gameplay
    Subject at all times to the remaining provisions of these Terms of Use, the Licence provided for in clause 5 will also be deemed to provide you a limited licence to stream your Yemland gameplay on live streaming sites (such as Twitch) and to record videos of your Yemland gameplay and post such videos on video sharing sites (including for example and without limitation YouTube). Subject at all times to any further restrictions or conditions specified by YemSoft AB from time to time, such licence from YemSoft AB will also be deemed to allow you to include advertisements in such live streaming or recorded video content (together the 'Gameplay Content') and otherwise monetise such Gameplay Content as may be allowed by such live streaming or video sharing sites (together the 'Gameplay Content Sites'). The terms of this clause 7 are at all times subject to your compliance with any further obligations imposed by the applicable Gameplay Content Sites you wish to make the Gameplay Content available through. Notwithstanding the foregoing, you agree that on request from YemSoft AB you will immediately arrange for the removal from or alteration of any Gameplay Content included on any Gameplay Content Sites and further agree that you will not pursue YemSoft AB for any actual or potential loss you may suffer in such regard.

  8. Indemnity
    You agree to fully indemnify YemSoft AB for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the Licence and your use or any third party use of any Gameplay Content created by you including, in respect of any third party claims against YemSoft AB, its related parties, employees, contractors or agents.

  9. Posting Policy
    The following provisions ('Posting Policy') apply to any comments and messages you post or any statements you make in any manner on the Website (which includes for the avoidance of doubt any associated forums, the in-game messages function, the in-game chat function and the forums at the third-party support system supplier Zendesk.com) or any messages you send to other users of the Materials and Services (including as part of the Yemland gameplay) by any manner whether facilitated or otherwise allowable by the Materials and Services ('Posts'):

    (a) The only supported and allowed language is english. English shall be used in all communication, including the in-game chat, the in-game messages, support cases, forums and all other such situations where the end-user is able to input text.

    (b) Personal abuse, racist, foul language, inappropriate subject matter, obscene, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature, as may be determined by YemSoft AB in its sole discretion, or Posts otherwise in contravention of any law or court order, are not permitted;

    (c) Posts advertising or promoting any person or entity or their goods or services without the prior written approval of YemSoft AB are not permitted;

    (d) You grant YemSoft AB a perpetual, non-revocable royalty-free licence to:

    (i) make use of any Posts as YemSoft AB deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same; and

    (ii) sub-licence third parties, on such terms as YemSoft AB deems appropriate, to make use of any Posts as YemSoft AB deems appropriate in relation to any of the Website, Materials and Services or the promotion of the same;

    (e) YemSoft AB reserves the right without notice, explanation or liability to:

    (i) restrict or remove your ability to make Posts;

    (ii) disallow the posting of any specific Posts;

    (iii) edit any specific Posts; and

    (iv) completely remove any Posts from the Website or anywhere else related to the Materials and Services (including as part of the Yemland gameplay) where they appear or are stored; and

    (v) block or terminate the game play account

    (f) You agree to indemnify YemSoft AB on demand for any loss or costs of whatever nature suffered by YemSoft AB whether direct or consequential as a result of any breach by you of clauses 9(a)-9(c).

  10. Content
    While YemSoft AB has endeavoured to take all reasonable and appropriate care in the preparation of the content of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate or that any Posts are in contravention of the Posting Policy, YemSoft AB does not warrant the accuracy, adequacy, security, or completeness of any information contained in any of the Website, Materials or Services and that such information is error free or that any Posts are not in contravention of the Posting Policy. YemSoft AB does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law YemSoft AB does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of YemSoft AB.

  11. Linked Websites
    The Website, Materials or Services may contain links to other websites not controlled by YemSoft AB ('Linked Websites'). Those links are provided for convenience only and may not remain current or be maintained. YemSoft AB is not responsible for the content or privacy practices associated with Linked Websites. YemSoft AB's links with Linked Websites should not be regarded as approval or as an endorsement, of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary in these Terms of Use.

  12. Account Registration
    To acquire or make full use of any of the Website, Materials and Services you will need to register for a Yemland game account ('Game Account'). If you do choose to register for a Game Account you warrant that all information and personal details you provide to YemSoft AB are correct. In addition, you acknowledge that you are aware that Yemland has an age requirement of 16 years old. You may not transfer your registration or any rights you may have in your Game Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your Game Account, including without limitation any Virtual Goods connected with such Game Account.
    You can not register more than one game account in each game world. You can, however, register game accounts on multiple game worlds. But multi-accounts in one and the same game world is not permitted and can when noticed lead to account termination of multiple or all game accounts.

  13. Usernames
    Any username you choose in relation to your Game Account or as applicable any other identifier you choose for use in relation to your access or use of the Website, Materials and Services, may be viewable by other users of any of the Website, Materials and Services as applicable and you warrant that any such username or other identifier will not:

    (a) infringe the rights of whatever nature of any third party including without limitation copyright, registered and unregistered trade mark rights, rights of personality, privacy, confidentiality and any other intellectual property rights; and

    (b) contain foul language, inappropriate subject matter, obscene, racist, harassing, threatening, hateful, or discriminatory or defamatory remarks of any nature as may be determined by YemSoft AB in its sole discretion or otherwise be in contravention of any law or court order.

  14. Confidentiality of Passwords
    You must keep all password and login information associated with your Game Account confidential and not disclose such information to any third party or allow a third party access to your Game Account without first obtaining YemSoft AB's written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify YemSoft AB immediately if you know or suspect that your Game Account has been accessed by a third party or your login or password details have been, or may have been, obtained by a third party.

  15. Cancellation of Membership
    YemSoft AB reserves the right, acting at its sole discretion, to refuse to accept your registration request for a Game Account. To the greatest extent permitted by law, YemSoft AB also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your Game Account or to restrict, limit or otherwise change your existing rights of access to your Game Account, or any specific feature or benefit afforded to you in relation to your Game Account, including without limitation in respect of any Virtual Goods, if it believes you have breached these Terms of Use or any other agreements you may have with YemSoft AB or for any other reason whatsoever. In such event you agree that YemSoft AB will not be required to provide you with prior notice or explanation in respect of such action. Notwithstanding the cancellation of access to your Game Account in any case, you agree you will remain fully liable for any outstanding liability owed to YemSoft AB. YemSoft AB may also, where it believes such action is necessary, without notice block IP addresses of any users who have breached the Terms of Use.

  16. Yems
    YemSoft AB may offer 'Yems' for sale ('Yems') which can, in accordance with the procedures and further terms specified by YemSoft AB from time to time, be used to pay for certain goods and services, including without limitation Virtual Goods, as may be offered from time to time by YemSoft AB in relation to the Website, Materials and Services. You must have an active Game Account in order to purchase Yems. Yems are always connected to one specific Game Account and can not be transfered to another Game Account.
    YemSoft AB reserves the right to offer or cease to offer Yems for purchase or to restrict the purchase of Yems by you at its sole discretion. To the greatest extent permitted by law YemSoft AB reserves the right to alter the terms and conditions relating to any Yems which you have previously purchased. YemSoft AB reserves the right to provide Yems at no charge to any users of any of the Website, Materials and Services on such terms and conditions as YemSoft AB at its sole discretion deems appropriate.

  17. Cost and Payment
    The cost of any Yems or any specific quantity of Yems will be as specified by YemSoft AB at its sole discretion from time to time. Any Yems available for purchase may only be purchased by such means and in accordance with any further conditions as YemSoft AB at its sole discretion may specify.

  18. Non-transferable
    You are not entitled to transfer any Yems you purchase (or any rights in respect of any Virtual Goods including without limitation those you may purchase using Yems) to any other person or entity, use such Yems for the benefit of any other person or entity or deal with the Yems or any rights or interest in the Yems in any way, except as explicitly provided for in these Terms of Use.

  19. Yems Cancellation
    YemSoft AB reserves the right at any time without notice to cancel any Yems previously acquired by you, as YemSoft AB at its sole discretion deems appropriate. In addition, in the event of the cancellation of your Game Account any unused Yems you currently hold will automatically be deemed to also be cancelled. To the greatest extent permitted by law YemSoft AB will have no further liability to you with regard to any cancelled Yems including with respect to any obligation to refund to you the purchase price paid for such Yems.

  20. Paymentwall
    At the point when an end-user wishes to make a payment, his registration details may be passed to Paymentwall that provides payment processing services, in order for Paymentwall to better protect service and end-users from unauthorized payments.

  21. Links
    If you provide a link to the Website you agree that you will not use any Yemland logo, trade mark or other proprietary graphic as part of such link without the express prior approval of YemSoft AB.

  22. Collecting Information
    Whenever you access or make use of any of the Website, Materials or Services, YemSoft AB may as applicable collect the following types of information from you:

    (a) the IP address of your machine when connected to the internet and the domain name from which you are accessing the internet;

    (b) the operating system and the browser your computer uses and any search engine you are using;

    (c) the date and time you are visiting;

    (d) the URLs of the Website pages you visit;

    (e) information relating to the actions you undertake within Yemland;

    (f) any Posts; and

    (g) any telemetry details (such as speed of your connection and how well Yemland gameplay is running) associated with your access and use of Yemland,

    as well as any other information you may explicitly provide YemSoft AB in the course of accessing or making use of any of the Website, Materials or Services.

  23. Use of Information
    YemSoft AB uses the information provided by you or generated by your accessing or making use of any of the Website, Materials or Services to provide the services YemSoft AB provides to you in relation to any of the Website, Materials or Services. YemSoft AB also uses information collected from you to assess the performance of the Website, Materials and Services and to ensure that the Website, Materials and Services serve your needs in the most efficient manner possible.

  24. Cookies and Local Storage
    YemSoft AB may also place cookies on your computer. Cookies are alphanumeric identifiers which are transferred to your computer's hard drive through your web browser to enable YemSoft AB to recognise you whenever you access the Website and therefore better personalise your access of and use of the Website, Materials and Services. A cookie does not identify you personally but it does identify your computer. The help portion of your browser's toolbar should tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You should note however that if you do not allow the use of cookies or do not wish to provide certain information to YemSoft AB, you may not be able to take full advantage of the Website, Materials and Services.
    YemSoft AB may also use your browser's Local Storage. Local storage is used to store the last game server you visited and also the username that you used there, if you selected to save it.

  25. Statistics
    Although YemSoft AB may use and publish non-personal aggregate statistics and group data about those people who access or make use of any of the Website, Materials or Services and their usage of any of the Website, Materials or Services, subject to the further terms of these Terms of Use, YemSoft AB will not share or make public personally identifiable information about you without your prior permission.

  26. Data Transmission
    All communication with the game servers is encrypted by SSL and runs over HTTPS.

  27. Accessing Information
    If you are an 'Individual' then you are entitled to access any information which YemSoft AB may hold about you and YemSoft AB is obliged to provide this information to you as long as it has such information and such information can be readily retrieved. You are also entitled to request YemSoft AB correct any inaccuracies in any information which YemSoft AB holds about you. YemSoft AB is entitled to charge you for the reasonable costs of retrieving, providing this information and as applicable correcting this information.

  28. Providing Information
    Notwithstanding any other provisions of these Terms of Use you agree that YemSoft AB may provide any personal information it collects about you to its related companies, debt collection and credit reference agencies and any other parties it deems necessary in relation to providing you the Website, Materials and Services and exercising any lawful right YemSoft AB, its related companies or debt collection and credit reference agencies may have.

  29. Disclosing Information
    You also agree that YemSoft AB is entitled to disclose information it holds about you without your prior permission if YemSoft AB reasonably believes that such disclosure is necessary to:

    (a) meet legal requirements;

    (b) comply with legal process or help to maintain the law;

    (c) protect YemSoft AB's rights or property or that of YemSoft AB's related companies; or

    (d) enforce these Terms of Service or any other agreement that YemSoft AB may have with you.

  30. Combining Information
    YemSoft AB may combine any information which it collects from you or otherwise obtains, with information collected or otherwise obtained by its related companies.

  31. Lost Data
    In the event that any information or data (including without limitation in respect of game accounts, in-game characters, achievements, Virtual Goods, Yems or general Yemland gameplay) relating to you or your use of any of the Website, Materials and Services held by YemSoft AB or any third party on behalf of YemSoft AB is lost, corrupted or otherwise no longer reasonably available or accessible as judged by YemSoft AB in its sole discretion, you agree that to the greatest extent permissible at law YemSoft AB will have no liability to you of any nature relating to any such information or data.

  32. Accessing
    You must take your own precautions to ensure that the process which you employ for accessing or making use of any of the Website, Materials and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or any data contained therein. To the greatest extent permitted by law YemSoft AB does not accept responsibility for any interference or damage to your computer system or any data contained therein which may arise in connection with your accessing or making use of any of the Website, Materials and Services.

  33. Support
    YemSoft AB reserves the right to make support services available in relation to any of the Website, Materials and Services on such terms and conditions as YemSoft AB at its sole discretion deems appropriate and further reserves the right to alter, suspend or withdraw such support services as YemSoft AB at its sole discretion deems appropriate.

  34. Exclusion of Warranty
    To the greatest extent permitted by law, in relation to your access and use of the Website, Materials and Services, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use is hereby excluded.

  35. Exclusion of Liability
    To the greatest extent permitted by law, under no circumstances will YemSoft AB, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to your access and use of any of the Website, Materials and Services, including without limitation in relation to any Posts or any breach by you of the Posting Policy, or in respect of any failure or omission on the part of YemSoft AB to comply with its obligations as set out in these Terms of Use.

  36. Limitation of Liability
    To the greatest extent permitted by law, in the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and YemSoft AB becomes liable for any loss or damage that would otherwise have been excluded, YemSoft AB's maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damages or injury directly or indirectly arising in respect of your access and use of any of the Website, Materials and Services is to be limited to 100 SEK (Swedish kronor).

  37. Jurisdiction
    The provision and use of the Website, Materials and Services is governed by and is to be interpreted in accordance with the laws of Sweden, in all matters relating to or arising from your access and use of any of the Website, Materials and Services, you agree to submit to the exclusive jurisdiction of the Courts of Sweden. If you are accessing or making use of any of the Website, Materials and Services from outside of Sweden then you agree that you are entirely responsible for ensuring that your access and use of any of the Website, Materials and Services will not contravene any laws in your country.

  38. Disputes
    In the event that you have a dispute in respect of, interpreting or relating to or arising from any of the Website, Materials and Services you must immediately notify YemSoft AB in writing giving details of the dispute.
    These Terms of Use shall be governed by and construed in accordance with the laws of Sweden, without reference to its conflicts or choice of laws provision. You consent to the non-exclusive jurisdiction of the Swedish courts.

  39. Failure to Comply
    YemSoft AB accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control.

  40. Waiver
    If YemSoft AB waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

  41. Severability
    If any provision of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use, but only to the minimum extent necessary to avoid such issue and the remainder of any such provision as well as all other provisions of these Terms of Use shall continue in full force.

  42. Entire Agreement
    These Terms of Use constitute the entire agreement between you and YemSoft AB in respect of their subject matter and supersede any previous understandings, representations or agreements on that subject matter.

  43. Queries
    If you have any queries in regard to these Terms of Use and Privacy policy please don't hesitate to contact us via email at [email protected].