Terms of Service
1. Scope and Subject of the Terms of Service
1.1 These Terms of Service establish the terms and conditions of the online game Super Spatial and other services such as the related website located at www.dazzle.rocks and other online services (together the "Dazzle Rocks Services") that are provided by Dazzle Rocks Oy, Erottajankatu 1-3 A 8, 00130 Helsinki, Finland email@example.com and +358 40 1973185 ("Dazzle Rocks", "We", "Us" or "Our") between Dazzle Rocks and a user of the Dazzle Rocks Services.
1.2 Some of our services are free of charge while some virtual items or additional services can be purchased only against payment. These Terms of Service, unless stated otherwise, apply to free and paid services alike.
1.3 Contrary terms, rules or conditions by the user shall not apply, unless we have explicitly agreed to them in writing.
1.4 We provide the Dazzle Rocks Services to consumers for entertainment purposes only. The use of the Dazzle Rocks Services for commercial and profit making purposes is prohibited unless We have explicitly consented thereto in writing and in advance.
1.5 Minors are prohibited from using the Dazzle Rocks Services unless a legal guardian has consented and the user has reached the minimum age of 16.
2. Conclusion of contract, registration, player name, license
2.1 In order to play our game, the user has to download it from available app stores such as the Apple Appstore or the Google Play Store. After installation the user will be asked to accept these Terms of Service. If the user accepts these Terms of Service, this contract has been concluded between Us and the user. The contract is concluded in English language. You should store these Terms of Service concluded with us for future reference. Third-party services/platforms such as app stores may be subject to the respective third-party provider’s terms and conditions.
2.2 There is no requirement to register to use the Dazzle Rocks Services. When a user enters the Dazzle Rocks Services they will be assigned with a Game ID and a user name. The user can change the user name by their own preference. The user has no right to claim a particular player name. Player names may not violate any third party rights such as trademarks or other IP rights. The player name chosen by the user may also not offend public decency. The information entered by the user has to be correct and complete.
2.3 By means of these Terms of Service, Dazzle Rocks grants the user a personal, limited, non-transferable, revocable and non-exclusive license to (i) use the Dazzle Rocks Services for non-commercial use, subject to the user's compliance with these Terms of Service and (ii) make and publicly display audiovisual footage of the user using the Dazzle Rocks Services on online video streaming and social networking services ("Your Streaming Footage").
3. Terms for paid services and digital goods
3.1 Dazzle Rocks Services might allow for the purchase of digital goods such as virtual fantasy currency, virtual items, digital premium services or additional game content ("Digital Goods").
3.2 The user makes an offer to purchase Digital Goods by selecting the Digital Goods they wish to purchase within the Dazzle Rocks Services and by then clicking on the appropriate purchase button. The contract is concluded once Dazzle Rocks added the Digital Goods to the user's account. In general, all purchased Digital Goods will be added immediately to the service used by the user. The user may aboard their order of Digital Goods before their final confirmation.
3.3 The purchase of the respective Digital Goods might require using payment service providers which offer the user different forms of payment and are integrated either by Dazzle Rocks or third party platforms such as the Apple App Store or the Google Play Store. The contract for the execution of the transaction made with a preferred payment service provider is based on the terms and conditions of the relevant payment service provider.
3.4 By adding Digital Goods to the user account, Dazzle Rocks grants the user a non-transferable and non-exclusive right limited to the contractual period to use the Digital Goods within the Dazzle Rocks Services.
3.5 In cases where the user is excluded in accordance with Section 7.2.3, Dazzle Rocks is entitled to refuse performance for the duration of the block.
3.6 The user's right to the Digital Goods ends upon termination of the contract set out under Section 11. In case Dazzle Rocks decides to terminate all or one of the Dazzle Rocks Services, Dazzle Rocks will inform the user at least 90 days in advance to allow the user the use of all purchased Digital Goods. Afterwards, the right to use the Digital Goods ends.
3.7 Except where Digital Goods can be exchanged within the game as part of the game world, the use of any Digital Goods is limited to the respective account from which the payment process was completed.
3.8 All Digital Goods have no monetary value and have no value outside of the Dazzle Rocks Services. Digital Goods may not be sold, traded, transferred, or exchanged for cash or other real means of payment. With the exception of refunds due to applicable statutory consumer rights (e.g. because of defects or errors), all Digital Goods are not refundable.
3.9 Some of the Dazzle Rocks Services are live services that constantly evolve and are therefore subject to ongoing changes in order to provide the user with new features, functions and content, to remove programming and other errors or malfunctions and to keep the environment of the Dazzle Rocks Services safe and challenging. During the lifetime of the Dazzle Rocks Services, features, functions and other content might therefore be added, changed or removed again. This might also involve Digital Content that has been purchased by the user.
3.10 Consumers who purchase Digital Goods on one Device will not be able to use the Digital Goods on another device. If you upgrade the Device you are currently using for the Dazzle Rocks Services, the Digital Goods will continue to be available within the Dazzle Rocks Services installed on your new device upon user request. Users may use the contact details and instructions set out in Section 11.3 below in case of such requests.
4. Right of withdrawal, consumer rights
4.1 For digital purchases such as for Digital Goods per Section 3 of these Terms of Services the following statutory right of withdrawal applies:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Dazzle Rocks Oy, Erottajankatu 1-3 A 8, 00130 Helsinki, Finland, email: firstname.lastname@example.org, tel. +358 40 1973185) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To Dazzle Rocks Oy, Erottajankatu 1-3 A 8, 00130 Helsinki, Finland email: email@example.com:
— I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods /for the provision of the following service,
— Ordered on /received on ,
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
4.2 For digital content that is not supplied on a tangible medium (such as Digital Goods as described under Section 3.1) the user loses their statutory right of withdrawal if We have begun the performance of the contract and you have provided prior express consent to begin the performance during the right of withdrawal period and acknowledgement that you thereby lose your right of withdrawal, and We also provided you with a confirmation of the contract concluded on a durable medium within a reasonable time..
4.3 In any case, further mandatory statutory warranty rights for your purchases, including those for Digital Goods, apply which are by no means restricted or limited by these Terms of Service and therefore remain untouched.
5. Customer Service, complaints, dispute resolution
5.1 Users may send email to firstname.lastname@example.org in case of questions, complaints, feedback or bug reports.
5.2 Beyond that, Dazzle Rocks does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.
5.3 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you can submit the dispute for online resolution to the European Commission Online Dispute Resolution platform. However, we are not willing or obliged to take part in dispute resolution procedures before a consumer conciliation body.
6. Operation and use of the Dazzle Rocks Services
6.1 For urgent technical reasons or required maintenance, We are entitled to interrupt the operation of the Dazzle Rocks Services without notifying the user in advance.
6.2 For using the Dazzle Rocks Services, using the currently valid version of the Dazzle Rocks Services is required.
6.3 In order to use in particular new and/or updated Dazzle Rocks Services, the user is responsible for using suitable and up-to-date hardware and software on which Dazzle Rocks has no influence. The user is responsible for keeping the Dazzle Rocks Services updated by using and enabling reasonable means such as automatic updates.
6.4 The app should only be downloaded to and installed on a compatible device. Please read the relevant app store listing for the app before downloading to ensure that your device is compatible.
7. User obligations
7.1 User obligations when using the Dazzle Rocks Services
7.1.1 The Dazzle Rocks Services include content of all kinds, which are protected under trademark law, copyright or otherwise protected in favour of Dazzle Rocks or in favour of third parties. Unless explicitly permitted by Dazzle Rocks, the user is not entitled to modify, reproduce or publicly disseminate the Dazzle Rocks Services or the content made available therein, nor may they use these for advertising or any other purpose other than the contractually agreed one. Unless otherwise explicitly agreed, reproduction is only permitted where this is technically necessary for the purpose of using the Dazzle Rocks Services as contractually agreed. It is not permissible to modify, conceal or remove copyright notices and trademark names.
7.1.2 "Content" refers to all data, images, texts, graphics, musical pieces, sounds, sound sequences, videos, programs or software code and any other information provided by Dazzle Rocks, including those services made available per download.
7.1.3 Where the user has reason to believe that their use of the Dazzle Rocks Services has been compromised by, for instance, a third party having gained access to it, the user has to inform Dazzle Rocks. Dazzle Rocks reserves the right to temporarily block the user's account in this case. The same applies in case Dazzle Rocks otherwise receives information that indicates that the user's use of the Dazzle Rocks Services has been compromised or misused. Once the suspicion of misuse has been investigated and proven to be incorrect, the user will be granted access to the Dazzle Rocks Services again.
7.2 Online games and user online behaviour, code of conduct
7.2.1 The user shall not, and shall not attempt to, do any of the following:
Use or allow the use of the Dazzle Rocks Services for any purpose or activity that is illegal, unlawful or not expressly authorized under these Terms of Service.
- Sell, rent, lease, share or provide access to the user's account to anyone else, or use another user's account.
- Use multiple accounts for playing the game online; Dazzle Rocks reserves the right to block or remove any unauthorized account at any time.
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Dazzle Rocks Services.
- Reverse engineer or attempt to extract or otherwise use source code or other data from the Dazzle Rocks Services.
- Use the Dazzle Rocks Services to build a service or game that would compete with the Dazzle Rocks Services or assist another person in building a service or game that would compete with the Dazzle Rocks Services.
- Remove any proprietary, copyright, trade secret or warning legend from the Dazzle Rocks Services.
- Make or publicly display streaming footage where such footage: (a) misrepresents Our identity, the names, features or functionality of the Dazzle Rocks Services, or the legal rights or obligations that anyone has in regards to the Dazzle Rocks Services; or (b) adversely affects Our rights in an unfair or illegal manner.
- Damage, disrupt, impair, or interfere with the Dazzle Rocks Services, any server, network or system used to support or provide the Dazzle Rocks Services, any person's property, or another user's use or enjoyment of the Dazzle Rocks Services, such as by engaging in denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files or time bombs.
- Probe, scan or test the vulnerability of the Dazzle Rocks Services, or circumvent or breach the security or authentication measures of the Dazzle Rocks Services.
- Harass, threaten, bully, embarrass, spam or do anything else to another user of the Dazzle Rocks Services that is unwanted, such as repeatedly sending unwanted messages or making insults, personal attacks or statements about people based on their race, sexual orientation, religion, nationality, or any other aspect.
- Publish, post, upload or distribute user generated content or communication that is illegal or that the user does not have permission to freely distribute (e.g. because it infringes trademarks, patents, copyright, other industrial property rights, business secrets or other third-party rights), or which is abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent, unlawful or otherwise inappropriate.
- Post or transmit a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
- Impersonate another person or falsely imply that the user is one of Our employees or representatives.
- Improperly use in-game support or complaint buttons or make false reports to Us.
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the Content, navigational structure or presentation of the Dazzle Rocks Services.
- Harvest, phish for, or collect any kind of private information of other users of the Dazzle Rocks Services, such as passwords.
- Use or distribute unauthorized software programs or tools when using the Dazzle Rocks Services, such as "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- Modify any file or any other part of the Dazzle Rocks Services that We do not specifically authorize the user to modify.
- Use or distribute counterfeit software or content associated with the Dazzle Rocks Services, including virtual features.
- Attempt to use the Dazzle Rocks Services on or through any service that We do not control or authorize.
- Sell, buy, trade or otherwise transfer or offer to transfer the user's account, any personal access to Our services, or any content associated with the user's account, including virtual features, either within the Dazzle Rocks Services or on a third-party website, or in connection with any out-of-game transaction.
- Use the Dazzle Rocks Services in a jurisdiction in which We are prohibited from offering such services under applicable export control laws.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of the Dazzle Rocks Services.
- Use information about users publicly available in any of the Dazzle Rocks Services (e.g., on a leaderboard) for any purpose unrelated to the Dazzle Rocks Services, including to attempt to identify such users in the real world.
- Transfer any of Our Services to a foreign national, or national destination, that is prohibited by export control laws.
- Use private servers, i.e. servers held by users or third parties that enable, establish or maintain unauthorised connections to the Dazzle Rocks Services, particularly by means of programs the use of which has not been explicitly approved by Dazzle Rocks, or which emulate or attempt to emulate the Dazzle Rocks Services.
- Promote, encourage or take part in any prohibited activity described above.
7.2.2 Dazzle Rocks notes that the content entered is at best subject to active sampling checks, but is not permanently monitored. Users have the possibility of reporting to Dazzle Rocks content that is possibly illegal by contacting Us under email@example.com. Dazzle Rocks will thereupon respond without undue delay and, insofar as required, will edit or delete the reported content and take further action as set out in the following paragraph.
7.2.3 Furthermore, in case of a breach of these Terms of Service, and in particular Section 7.2.1, Dazzle Rocks may - by taking into account user rights such as freedom of speech and freedom of expression - undertake one or more of the following actions, unless the user is not responsible for the violation:
a) amend or delete content,
b) send a warning to the relevant user,
c) temporarily block the user, and/or
d) exclude the relevant user from the Dazzle Rocks Services, including for future cases.
8. User Generated Content
8.1 User generated content within the meaning of these Terms of Service is any form of content and contribution which is created by users of the Dazzle Rock Services, including texts, images, videos, reviews, textures, music, sounds, two and three dimensional in-game creations made for the world of the Dazzle Rock Services and images thereof, etc.
8.2 You grant Us a free, permanent, irrevocable and non-exclusive right to reproduce, communicate to the public, transmit or make otherwise publicly available, including over the internet, the user generated content created by you or create derivative works thereof to operate the Dazzle Rocks Services. Furthermore, you grant Us the right to sub-license the aforementioned right to third parties, to the extent this is required to operate the Dazzle Rock Services.
8.3 You also grant Us a free, permanent, irrevocable and non-exclusive right to reproduce, communicate to the public, transmit or make otherwise publicly available, including over the internet, the user generated content created by you to advertise the Dazzle Rock Services by using all known and unknown means of advertising such as online advertising (including on social media services or via online sweepstakes), physical advertising, advertising via television, newspapers, magazines and other forms. Furthermore, you grant Us the right to sub-license the aforementioned right to third parties (e.g. advertisement companies, social media companies, etc.), to the extent this is required for advertisement purposes.
We Abide by our Privacy Notice available here www.dazzle.rocks/privacy-policy.html.
10.1 Except for Germany, our liability is limited as follows:
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
a) Unexpected: It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
b) Caused by a delaying event outside our control: As long as we have contacted you as soon as possible to let you know and done what we can to reduce the delay.
c) Avoidable: Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
d) A business loss: It relates to your use of a product for the purposes of your trade, business, craft or profession.
10.2 Dazzle Rocks's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
a) Dazzle Rocks shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
b) Dazzle Rocks shall not be liable due to a breach of any non-material contractual obligations nor for the slightly negligent breach of any other applicable duty of care.
The aforesaid limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Dazzle Rocks has assumed a specific guarantee.
10.3 The aforementioned disclaimers likewise apply in favour of Dazzle Rocks' vicarious agents.
11.1 The contract for the use of the Dazzle Rocks Services is concluded for an indefinite period. The user is entitled to terminate the contract for convenience at any time with a notice period of two weeks. Dazzle Rocks is entitled to terminate the contract at any time for convenience with a notice period of 30 days.
11.2 In case of a material reason, both parties may terminate the contract for cause without notice. Material reasons are, for instance:
a) there are actual circumstances that indicate that the user's conduct is significantly and negatively impacting on the gaming experience of other users,
b) the user materially breaches laws or the provisions contained in Section 7 of these Terms of Service, unless the user is not responsible for the violation.
11.3 Any termination must be communicated in writing. Termination notices send by email satisfy the written form requirement. If the user wants to terminate this contract, please send an email to firstname.lastname@example.org and add the following information: email address used to register on Project X / Super Spatial email list, and/or the unique User ID found in game settings window. Dazzle Rocks may or may not also integrate cancellation functions within the game at later stage. In this case, this contract can also be terminated by using such cancellation functions. If the user terminates this contract, We will block the user from using the Dazzle Rocks Services.
12. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of Finland to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the referral regulations of international private law, unless mandatory laws such as consumer laws of another jurisdiction apply, for instance based on the habitual residence of the consumer because Dazzle Rocks is considered
a) to pursue its commercial or professional activities in the country where the consumer has his/her habitual residence or
b) to direct its activities to that country or to several countries including that country.
13. Amendments to these Terms of Service
We reserve the right to amend these Terms of Service. In case we amend these Terms of Service we will bring the updated version to your attention when you start the game the next time and ask you to accept it.
If any individual provisions of these Terms of Service should prove to be unenforceable, the remaining provisions shall remain enforceable.