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TERMS OF SERVICE

1. ABOUT THESE TERMS

Welcome to Turborilla! (referred to as "Turborilla", "Turborilla AB", “us”, “our” or "we") We hope you will enjoy playing our games and use the website turborilla.com, the merchandise shop, the forum, user support and all other channels for feedback and news (collectively referred to as "services"). Please read this agreement (referred to as "agreement" or “Terms of Service”) carefully before accepting the terms. Note that if you (referred to as "user(s)" or "you") use our services you agree to this Terms of Service and a legally binding agreement is entered between you and Turborilla whether or not you are a registered user. If you are a user based in the United States certain provisions of this agreement specifically applies to you. For example that you agree to arbitrate certain claims instead of going to court and agree not to bring class action claims.

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IF YOU DO NOT AGREE TO THOSE TERMS PLEASE DO NOT ACCESS AND/OR PLAY OUR GAMES OR USE OUR SERVICES.

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We reserve the right to temporarily or permanently disable access to the game and our services if these terms are not met by you. We may disable access to the game and our services without notice.

2. ACCEPTANCE

This Terms of Service document is a legal agreement between you and Turborilla, a Swedish corporation, with registered and business office at Östra Rådhusgatan 6, 903 26 Umeå, Sweden and regulates your use of our services whether or not you are a registered user. Note that if you use our services you agree to to abide by and be bound by these Terms of Service. Turborilla owns all intellectual property rights in and to our games and permits you to play our games and use our services only in accordance with these terms. If you play our games or use our services, this constitutes your acceptance of the Terms of Service. If you do not agree to the Terms of Service, do not play our games nor use our services.

3. OUR SERVICES

Games: Mad Skills BMX 2, Mad Skills Motocross 2, Mad Skills Motocross 3, Mad Skills Snocross, Rally Clash

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Web services: Main website (turborilla.com), forum, merchandise, support

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Social media: Facebook pages, Twitter pages, Instagram pages, Youtube channels, Twitch channels

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All above listed are collectively referred to as "services".

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We reserve the right to add, modify or delete/cancel our services, including your access at any time. We make no representation or warranty as to the completeness or accuracy of our services, nor do we represent or warrant that our services will be available at all times or at any time. Our services may be incomplete and/or contain errors. We make no commitment, and disclaims any duty to fix any errors or lack of functionality in our services. Our services are provided on an “as is” basis without any express warranties.

4. ACCESS TO OUR SERVICES

To access or use our services you must register an account with a platform/service provider, unless the service is expressly provided in a form and venue where an account is not required. You may not, under any circumstances, whether intentionally, or through negligence or inaction, allow or enable others or to access your account. Turborilla reserves the right to disable or block accounts without notice. You are not permitted to transfer your account, any in game currency, characters etc. to another person or entity, unless specifically permitted in writing by us. Further, you must be 13 years or older to access and use our services. Our services are not intended for children under the age of 13. If you are under the age of 13, do not access and use our services. If you are at least 13 years old but under 18 years of age you need parental consent to access and use our services and must be under the legal responsibility of the parent. Any registration by, use of or access to our services by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of these Terms of Service.

5. ACCOUNTS

THIRD PARTY ACCOUNTS

If enabled, you may create an account with account data provided by a third party such as a gaming platform, social network service etc. in which case you may have a separate, additional account relationship with such third party.

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CREATING AN ACCOUNT

You acknowledge and agree that you will (a) provide true, accurate, current, and complete information as requested when creating an account and (b) maintain and update this information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smartphone, tablet etc. that you use for accessing our services and you hereby accept sole responsibility for all activities that occur under your account or password. We reserve the right to restrict, terminate or refuse access to our services, remove or edit content, or cancel orders in its sole discretion for any reason whatsoever, including, without limitation, if you provide information which is false, inaccurate, not current, or incomplete.

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For information regarding how Turborilla handle the information you transmit through our services please visit the Privacy Policy. Please note that your access to and use of our services constitutes your acceptance of the Privacy Policy.

6. PAYMENT

Our games may be provided as a “free-to-play games” where you can access and play certain parts of our games without paying any fees. However, some additional contents of our games and features are “premium” where you must pay a fee or purchase in-game material or access to play. Where applicable, you agree to fully pay for our games, features, levels, versions, in-game purchases, products and services that you have ordered in our games. You are responsible for providing valid credit card information to secure payment. We and/or the platform/service providers reserves the right to cancel any order if the credit card information you provide is not valid. Payment may be processed in cooperation with third party payment service providers, like PayPal, Google Pay or Apple Pay etc. We and/or the platform/service providers confirm all subscriptions, purchases and send all initial login or activation information by email once the purchase has been confirmed.

7. PAYMENT TERMS

In order to access and play certain parts of our games, access certain additional content, premium services etc. you are required to pay certain fees (certain game parts, the premium services and access to additional content are provided to paying users only). You can find the current fees and payment terms at the platform/service providers game access pages etc. We may also offer other products in our games and services, either for free, for one-time fees or for recurring fees. We and/or the platform/service provider may amend the fees and payment terms at any time. If any fees are subject to any type of applicable taxes, we and/or the platform/service provider may charge you for any such taxes, in addition to any fees.

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ALL FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

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However, a remaining portion of the payment may be credited if you decide to upgrade your services. When you purchase our games and any product or additional content in our games you authorize us and/or the platform/service provider to automatically charge your credit card the fees in accordance with the payment terms. You are responsible for paying all applicable taxes (including those we and/or the platform/service provider are not required to collect) and for all hardware, software, Internet, and other costs you incur to access and play our games or use our services. We and/or the platform/service provider reserves the right to change the fees and availability of our games at any time without notice; provided, however, such price change will not affect your purchase price for orders that we or the platform/service provider has already received from you and processed, unless expressly stated otherwise in your payment terms. You are responsible for reviewing our games for changes in the fees or payment terms.

8. ACCESS

In consideration of the payment of any fees, you creating an account and compliance with all the terms in this document, we or the platform/service provider will provide you with a limited, non-exclusive, revocable license to access the game/s and enable you to access and play the game/s subject to the other applicable provisions, limitations and restrictions in these Terms of Service. You may not upload or republish the game/s or game content on any Internet, Intranet or Extranet sites or incorporate the information in any other database or compilation, and any other use of the game/s or game content is strictly prohibited. However, you may upload recordings of yourself playing the game/s on channels like Twitch.com and YouTube.com etc, provided that such use is done in good taste and does not infringe on the intellectual property rights of us or reflect negative on Turborilla or the game/s. If we or the platform/service provider is unable to process your payment at any time, your access to certain services, content etc. may be suspended or terminated at our or the platform/service providers discretion.

9. DELIVERY OF PRODUCTS AND SERVICES, UPDATES AND NEW RELEASES

We provide our games on an “as is” basis and always strive to deliver the game you ordered within a reasonable amount of time. However, technical problems may delay or prevent delivery or our services. We renounce liability to you when it comes to delays or delivery problems. If you have purchased a product or service that is not delivered within a reasonable amount of time after ordering, we can offer you a refund of the purchase price paid, a replacement product or service, determined by us or the platform/service provider.

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We may update or modify our services electronically, or require users to install updates, patches or fixes to our services. Updates may change our games terms, conditions, features, items, mechanics or any other element in our games or services. You will sometimes need to install such updates in order to keep your license for the game or service. If you fail to install new updates when required, we will not be responsible in any way for your inability to play our games or use our services, you shall not be entitled to receive any refund of any prepaid fees or any other kind of compensation.

10. LINKS TO OTHER GAMES, WEBSITES OR SERVICES

Our games and other services may contain advertising and links to other games, websites or services. We do not review or evaluate any adverts linked to in our games or other services and are not responsible for its accuracy, copyright compliance, legality, decency, or appropriateness. Nor are we responsible for the advertising, products or other materials that may appear in or are offered by such adverts. You should carefully review the adverts and respective conditions of use for each of these adverts. We shall not be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of these adverts.

11. INDEMNIFICATION

Your access to and/or playing our games constitutes your agreement to defend, indemnify, and hold harmless Turborilla, its parents and affiliates, licensors and partners, the platform/service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of our games including related services by a third party with the use of your account.

12. TERMINATION

These terms of use are effective until amended by us. We may change, suspend, or discontinue all or any aspect of the game at any time for any reason without prior notice or liability, including, without limitation, the availability of the game or any feature, without prior notice or liability. We may cease to provide the game or any or all of the products and services offered in connection with our games or other services, terminate the Terms of Service, and cancel all of the rights granted to you under the Terms of Service at any time for any reason without prior notice or liability. We may, but are not obligated to, communicate such termination to you in any of the following manners: (i) in a notice in the game; (ii) via electronic mail; (iii) in these terms of use, or (iv) in another manner that we deems suitable to inform you of the termination. If we terminate our game or games, you will not receive a refund of paid fees.

13. DISCLAIMERS AND LIMITATIONS OF LIABILITY

Our games are provided by us on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, we disclaims all warranties, whether express or implied, including but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement.

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Without limiting the foregoing, we make no representation or warranty of any kind, express or implied: (i) as to the game, the information, content, materials etc. included therein; (ii) that the game will be functioning continuously, uninterrupted, securely or error-free; (iii) as to the accuracy, reliability, or currency of any information, content, products and services provided; or (iv) that the game, servers, platforms, or e-mails sent from or on behalf of us, are free of viruses, scripts, trojan horses, worms or other harmful components. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share in the game and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter in the game or the platforms or in connection with any third party applications, software or content. We are not responsible for the conduct, whether online or offline, of any player of the game.

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The operation and functions of our games may be interfered with by numerous factors outside our control and to the maximum extent permitted by applicable law, under no circumstances shall we or our affiliates, licensees, licensors, partners and/or platform/service providers (collectively “Turborilla” for purposes of this section and the following section) be liable for any damages that result from the use of or inability to use or play our games, including but not limited to reliance by you on any information obtained from our games or otherwise from Turborilla or that result from mistakes, omissions, interruptions, deletion of files or email, blogs, chats, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Turborillas records, programs, or games etc. you hereby acknowledge that this paragraph shall apply to all content, products and services available in or in relation to our games. Turborilla takes no responsibility for the accuracy, safe deliveries, and functionality of sms/texting services etc. to the maximum extent permitted by applicable law, under no circumstances shall Turborilla be liable for any indirect, incidental, special or consequential damages arising from the use of the game or the purchase of any product or service therein, even if you have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Turborilla's entire liability under any provision of these terms of use shall be limited to the $ 100 USD.

14. SPECIAL DISCLAIMER AND LIMITATION OF LIABILITY FOR PRODUCTS AND SERVICES

Without limiting the foregoing, to the maximum extent permissible by applicable law, you expressly agree that Turborilla shall have no liability whatsoever for the performance of the game or any products and/ or services you have purchased or use in or in connection with our games.

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To the maximum extent permitted by applicable law, you expressly acknowledge and agree that the use of our games, and products and services you have purchased or use in or in connection with our games, are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, our games, products and services are provided “as is,” with all faults and without warranty of any kind, and Turborilla hereby disclaims all warranties and conditions with respect to our games, products and services you have purchased or use in or in connection with our games, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Turborilla does not warrant against interference with your enjoyment of the game, or products and services you have purchased or use in or in connection with the game, that the functions contained therein will meet your requirements, that the operation of the game, products and services will be continuous, uninterrupted, secure, virus-free, or error-free, or that defects in the game, or products and services you have purchased or use in or in connection with our games will be corrected. To the maximum extent permitted by applicable law no oral or written information or advice given by Turborilla or a Turborilla authorized representative shall create a warranty. Should our games, products and services you have purchased or use in or in connection with our games prove defective, you assume the entire cost of all necessary servicing, repair or correction if needed.

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Turborilla does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party in our games or in relation to our games, through the platforms, or any hyperlinked website or feature in any banner or other advertising, and Turborilla 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.

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To the maximum extent permitted by applicable law, in no event shall Turborilla be liable for any special, incidental, indirect, or consequential damages whatsoever including, without limitation, damages for loss of profits, interruption, loss of information, or any other pecuniary loss (however arising, including, without limitation, negligence) arising out of the possession of, use of or inability to use our games, products and services you have purchased or use in or in connection with our games, or defect in or caused by our games, or products and services you have purchased or use in or in connection with our games, including but not limited to compromising the security of your computer (including any handheld device), operating system or files, or the provision of or failure to provide support, even if you have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Turborilla’s entire liability under any provision of these terms of use shall be limited to $ 100 USD.

15. SEIZURE WARNING, MOTION SICKNESS ETC.

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights in our games and/or advertising related to our games. Exposure to certain light patterns or backgrounds on a device, screen or virtual reality headset etc. may induce an epileptic seizure, motion sickness even in persons who have no history of prior seizures or epilepsy. Turborilla takes no responsibility for such effects in our games and advertising related to our games and end results thereof and you are accessing and playing our games and seeing the advertising on your own risk. Nor does Turborilla take any responsibility for motion sickness, any balance problem etc. that may occur from playing our games or seeing the advertising etc.

16. TRADEMARKS AND GAME MARKS

The names, logos, characters, brands and product and service names appearing in our games and related services are trademarks/service marks or registered trademarks/service marks of Turborilla or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.

17. INTELLECTUAL PROPERTY RIGHTS

Turborilla intellectual property rights

You acknowledge and agree that all content, design elements, and materials available in our games, for example graphics, logos, designs, characters, objects, environments, worlds, icons, scripts and service names (“Turborilla Content”) are owned by Turborilla and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of Turborilla and/or its partners and licensors. Turborilla and its partners and licensors retain all right, title and interest in and to the Turborilla Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any Turborilla Content in any form or for any means, unless expressly permitted in this agreement. Turborilla's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Turborilla. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit Turborilla Content in any way unless expressly permitted in this agreement. You agree not to disassemble, decompile or reverse engineer any software or other component of our games or Turborilla Content. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against Turborilla any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.

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Except for any user content, you hereby irrevocably, and without additional consideration beyond the rights granted to you herein, assigns to Turborilla any and all right, title and interest that you may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while playing our games, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, you hereby grants Turborilla an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.

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User intellectual property rights

In our games you may create certain content such as avatars, in-game assets etc. Any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Turborilla game client or other service, or that other users upload or transmit, including without limitation any chat text is user content (“user content”). Except for any Turborilla content contained therein, any intellectual property right and title to such user content shall remain and where applicable shall become your intellectual property created and submitted by you in our games and/or for use in our games. By publishing any user content in our games you represent and warrant that you have all rights necessary to grant the licenses contained herein. Furthermore, you represent and warrant that i) you are not in violation of any laws or contractual restrictions, ii) that you have permission from any third party whose personal information or intellectual property is comprised in the user content, iii) the user content is free of viruses, adware, spyware, worms or other malicious code, iv) you acknowledge and agree that any of your personal information within such content will at all times be processed by Turborilla in accordance with its Privacy Policy, and v) there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your user content, or any part thereof, or which might in any way impair the rights granted by you hereunder. Turborilla reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any user content (including without limitation your user content) without notice for any reason or for no reason at any time. User content may only be used in our games by you and not exported to any other platform, system, product or service without the prior written consent of Turborilla.

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No content screening

Turborilla assumes no responsibility for the conduct of any user submitting any user content, and assumes no responsibility for monitoring our games for inappropriate content or conduct. We do not, and cannot, prescreen or monitor all user content. If at any time Turborilla chooses, in its sole discretion, to screen content Turborilla nonetheless assumes no responsibility for user content and assumes no obligation to modify or remove any inappropriate user content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any user content.

 

Turborilla license to user intellectual property

You agree that Turborilla shall be given the irrevocable, sub-licensable, perpetual, worldwide, royalty free right to utilize, perform, reproduce, incorporate in to our games and related services modify, edit, publicly perform, publicly display, distribute and make derivative works from your user content and in any and all media now known or hereafter devised for marketing and promotional purposes and to feature your user content and any derivative works created therefrom, in its or third parties services, for example in merchandise, spin-off products etc. Where applicable you shall be provided certain compensation therefore as stipulated by Turborilla in its sole discretions.

18. PROHIBITED USE

You agree to abide by all applicable laws and regulations when playing our games. Your continued access to our games and right to play our games is subject to proper conduct. Without limiting Turborilla’s rights to control our games environments, and the conduct of the users within that environment, Turborilla prohibits the following practices that Turborilla has determined detract from the overall user experience and you are strictly prohibited from:

  • Taking any action that imposes an unreasonable or disproportionately large load on the System of our games;

  • Use of your own or third-party software to modify any content appearing within our games, its environment or change how our games is played or services used;

  • Use of your own or third-party software, our games or any information accessible through the System, to bypass or modify any System login architecture or create or provide any other means through which any System may be accessed and/or our games may be used by others in ways other than those intended by Turborilla;

  • Disrespecting the rights of others and their rights to play and enjoy our games. You may not defraud, harass, threaten, or cause distress and/or unwanted attention to other players;

  • When naming any character, team, guild or clan you may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;

  • You may not post or communicate any player's real world information (name, address, account name, etc.) in our games, on our websites or in any other forum or media, or make public anyone’s identification documents or sensitive financial information or posting such information in our games or other permitted websites;

  • You may not harvest or collect email addresses or other contact information of other users from our games by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;

  • You may not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

  • You may not use sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language or images;

  • You may not post material that includes graphic depictions of gratuitous or excessive violence, includes profane or obscene language or gestures, advocates intoxication or substance abuse, promotes gender, political or religious stereotypes, makes negative or disrespectful comments etc. about religions or reflects adversely on the name, reputation or goodwill of Turborilla;

  • You may not post, upload or link to any sexually explicit, harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive imagery or content;

  • You may not impersonate any Turborilla, its’ employees, consultants, partners etc;

  • You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;

  • You may not violate or encourage others to violate any local, state, national, or international laws or regulations;

  • You may not market, promote, advertise, or solicit products or services in our games;

  • You may not modify any part of our games, or clients, servers etc;

  • You may not advertise the intent to or commit the act of buying, selling, trading, sharing, or transferring access to our games;

  • You may not advertise the intent to or commit the act of buying or selling items for cash or trading items in our games;

  • You may not use our games for any illegal purpose, arrange for the exchange or transfer of any pirated or illegal software in our games;

  • You will follow the instructions of authorized personnel in or related to our games;

  • You may not organize nor be a member of any pledges or groups within our games that are based on or espouse any racist, sexist, anti-religious, anti-ethnic, anti-gay, or other hate mongering philosophies;

  • You may not provide false information or intentionally hide any information when registering for your account in our games;

  • You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running our games;

  • You will not exploit any bug in our games and you will not communicate the existence of any such exploitable bug (bugs that grant the user unnatural or unintended benefits) either directly or through public posting, to any other user of our games. Bugs should be promptly reported to support@turborilla.com;

  • You will not attempt to play our games on any server or platform that is not controlled or authorized by Turborilla, its designees or platform/service providers;

  • You will not create, use, or provide any server emulator or other site where our games may be played, and you will not post or distribute any utilities, emulators or other software tools related to our games without the express written permission of Turborilla;

  • You will not register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;

  • You will not use Turborilla’s copyrights or trademarks or any confusingly similar marks;

  • Uploading invalid data, viruses, worms, or other software agents to our games;

  • Collecting information from other users without obtaining their consent; or

  • You may not use any own or any third-party software, macros or other stored rapid keystrokes or other patterns of play that facilitate gameplay, including progress and/or acquisition of items, rank or status when compared with ordinary gameplay. You may not rewrite or modify the user interface or otherwise manipulate data in any way to acquire items, character attributes or beneficial actions not actually acquired or achieved in our games.

  • Otherwise use our games in any manner that breaches the terms and conditions of the Terms of Service or the Privacy Policy.

 

If you post recordings of your playing of our games on sites lite Twitch.com, YouTube.com etc. you shall refer to the name of our games and give Turborilla credit as the developer of our games. Such recordings and postings shall be done in good taste.

 

Turborilla and the platform/service providers can close down your account and stop your access to our games for any reason, at any time, without notice, including, but not limited to if we believe that You violate these Terms of Service, the Privacy Policy, our policies.

19. COMMUNICATION AND FEEDBACK

Turborilla may from time to time contact you by any appropriate information channel to keep you up to date with news about our games, new products and services, updates, campaigns, promotions, faults, issues relating to technical aspects and/or the usability of our games, payment methods etc. Turborilla may occasionally ask you to provide information on your experiences of playing our games etc. which will be used to improve the quality and provision of our games etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Feedback”) to Turborilla. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any feedback to Turborilla, you agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Feedback to Turborilla and acknowledge that Turborilla may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from Turborilla by following the specific instructions in promotional messages or by our customer support at support@turborilla.com. These communication choices do not apply to mandatory service communications that are considered part of our games. which you may receive periodically.

20. ELECTRONIC COMMUNICATIONS

When you play our games or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by email or by posting notices in our games or by any other means Turborilla finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in our games or otherwise) satisfy any legal requirement that such communications be in writing.

21. DISPUTES

DISPUTES BETWEEN YOU AND TURBORILLA

Our goal is to resolve disputes fairly and quickly. For all disputes against Turborilla, you agree to first contact us and try to resolve the dispute informally by sending a written notice of the claim (“notice”) to us. The notice must be sent via registered letter to the address listed below or by email to legal@turborilla.com with confirmation of receipt. The notice must (a) include your name, your residential address and email address and/or mobile phone number associated with your account registered with us and/or the platform/service provider; (b) describe the type and reason for the claim; and (c) specify specific compensation sought, if any. If we cannot agree on a solution to the dispute within 60 days of receiving such a notice, either party may initiate legal proceedings.

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USER DISPUTES

You are solely responsible for your interactions with other users of our services. We reserve the right, but have no obligation, to monitor disputes between you and other users.

22. ARBITRATION

If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

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The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor Turborilla can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Turborilla in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the email address associated with your account associated with the service (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: Turborilla AB, Östra Rådhusgatan 6, 903 26 Umeå, Sweden and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.

23. CLASS ACTION WAIVER

You agree that any and all claims must be made in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

24. CLAIMS

You and Turborilla agree that any case of action arising out of or related to the Terms of Service or this Privacy Policy must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

25. GOVERNING LAW

(a) If you are located outside of the United States of America this agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of Sweden, with the district court of Umeå (Umeå Tingsrätt) as first venue, to resolve any disputes arising out of or relating to this agreement.

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(b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Service that is not subject to mandatory arbitration as set forth above shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

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(c) Notwithstanding anything to the contrary, Turborilla may apply to any court of competent jurisdiction for injunctive or other equitable relief.

26. SEVERABILITY

If for any reason any provision of the Terms of Service shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

27. CHANGES TO OUR TERMS OF SERVICE

Turborilla reserves the right, at its discretion, to update or revise the Terms of Service at any time. Turborilla will notify you of material changes by posting them in our games, or on the websites etc related to our games or other services. These additional or revised terms will become part of the Terms of Service. You are encouraged to check back and review this Terms of Service from time to time for changes. Your continued playing of our games, or using our other services, constitutes your binding acceptance of the Terms of Service, including any changes or modifications made by Turborilla as permitted above.

28. ENTIRE AGREEMENT, ASSIGNMENT

These Terms of Service constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Turborilla may assign its rights under the Terms of Service without notice to you. You may not assign your rights under the Terms of Service.

29. CONTACT

Our games and related products and services hereunder are offered by Turborilla AB, a Swedish corporation, with registered and business office at Östra Rådhusgatan 6, 903 26 Umeå, Sweden. If you have questions or concerns about these Terms or Service, contact us by email:

About these terms: support@turborilla.com

About legal claims: legal@turborilla.com

 

Last Updated: October 4, 2023

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