TERMS OF SERVICE
Last Updated: 18. May 2021
1 Background
1.1 By downloading and/or installing our mobile application, SpotRacers, you (the user of SpotRacers) hereby accept this license agreement and the terms of use contained in this agreement (hereinafter the “Agreement”).
1.2 SpotRacers is a game, where players collect real cars directly from the streets and use them to race against their friends and other players. SpotRacers is the first collectable car game in the world.
1.3 SpotRacers and all intellectual rights pertaining to it, are owned by the Danish game developers, LEVEL UP GARAGE APS, Pilestræde 43, 1., 1112 Copenhagen K, Denmark, company registration number 40575944 (hereinafter “us”, “our” or “Level Up Garage”).
1.4 This Agreement may from time to time be amended at Level Up Garage’s sole discretion. You are bound by any changes to this Agreement when using SpotRacers after changes have been made available to you.
2 Scope of Agreement
2.1 To gain access to SpotRacers, you have to 1) download the mobile application, 2) install it on your mobile device, 3) sign up and register as a user of SpotRacers.
2.2 During the sign-up process, you can either:
2.2.1 Sign up “manually” by entering a user name.
2.2.2 Sign-up via third party application log-in such as Facebook, in which case you authorize us to access and use certain third-party account information, including but not limited to public profile, your name and surname, your e-mail, your birthday, gender, country of origin and similar.
2.3 You can upload a photographic image to your user profile. The information on your user profile and your presentation will be displayed to other users of SpotRacers.
2.4 You are solely responsible for the content and information you make available on SpotRacers, including photographs, profile text etc. (collectively, “Content”).
2.5 With this Agreement, you are granted access to SpotRacers, on the terms and conditions set out in this Agreement and our Privacy Policy.
3 Grant of License
3.1 This Agreement grants to you, and you accept, a perpetual, non-exclusive and non-transferable license to download, install and use SpotRacers subject to the terms set forth in this Agreement. When you download, install and use SpotRacers, you accept this Agreement, which does not in any way convey to you an interest or ownership in or to SpotRacers as such, but only to the copy downloaded by you, and only with a limited right of use always subject to the terms of this Agreement.
3.2 This Agreement does not allow you to use SpotRacers on any device that you do not own or control, and you may not distribute or make SpotRacers available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense SpotRacers.
4 Restrictions
4.1 You may not copy (except as expressly permitted), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of SpotRacers, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).
4.2 This Agreement will govern any upgrades provided that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4.3 We retain all rights, title, and interest in and to SpotRacers, including services and any updates. You agree to cooperate with us to maintain our ownership of SpotRacers, and, to the extent that you become aware of any claims relating to SpotRacers, you agree to use reasonable efforts to promptly provide notice of any such claims to us.
5 Your obligations
5.1 At all times, you are obliged to:
5.1.1 Provide Level Up Garage with correct account information of name, e-mail address, etc.,
5.1.2 Respect the restrictions and conditions applicable for your use of SpotRacers and follow instructions from Level Up Garage, including but not limited to this Agreement,
5.1.3 Avoid posting or transmitting any material that is offensive, inappropriate or illegal,
5.1.4 Avoid posting or transmitting any Content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity),
5.2 Failure to comply with the above may resolve in non-approval, deactivation of your account and/or banishment from SpotRacers, with any notice or without notice at the sole discretion of Level Up Garage.
5.3 Your use of SpotRacers may be prohibited or restricted in certain countries. If SpotRacers is used or accessed from outside of Denmark, you are responsible for complying with the laws and regulations of the territory from which SpotRacers is accessed or used.
6 Content
6.1 When you post Content, Level Up Garage is automatically granted an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, adapt, modify, make available and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
6.2 You warrant that any posting and use of Content by Level Up Garage will not infringe or violate the rights of any third party.
7 Payment
7.1 You are entitled to register and use the functionalities of SpotRacers free of charge. However, Level Up Garage also offers features to SpotRacers that may require payment by you.
8 No warrenty
8.1 Level Up Garage offers no warranty for SpotRacers, to the extent permitted by applicable law. Except when otherwise stated in writing, Level Up Garage provide SpotRacers "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, or non-infringement, or that SpotRacers or any services will be uninterrupted or error-free. The entire risk as to the quality and performance of SpotRacers is with you.
8.2 In no event unless required by applicable law or agreed to in writing will Level Up Garage be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use SpotRacers.
9 Liability limitation
9.1 In general, no liability incurs with Level Up Garage. If in extraordinary cases Level Up Garage should be liable, such liability is limited, to the extent permitted by applicable law, in the following ways:
9.1.1 No indirect loss is covered, including but not limited to loss of data, revenue loss, edition sales, etc.;
9.1.2 No physical damage on items, property and/or individuals is covered;
9.1.3 Damages are under any circumstances limited to DKK 1.000.00;
9.1.4 Only claims based on gross negligence or intent of Level Up Garage can be filed.
10 Terms and termination
10.1 This Agreement is in force until you either resign from use of SpotRacers or if Level Up Garage terminates this Agreement. You may resign by deleting your account at any time without notice.
10.2 Level Up Garage is entitled to terminate your user account immediately if you violate the regulations of this Agreement.
10.3 Level Up Garage’s rights to Content shall not be affected by the termination of this Agreement or your user account.
11 Law and venue
11.1 This Agreement and any disputes arising hereof, or other disputes or claims arising out of or in connection with the use of this Agreement, shall be settled in accordance with Danish law by the City Court of Copenhagen, Denmark.
© May2021, Level Up Garage ApS
Last Updated: 18. May 2021
1 Background
1.1 By downloading and/or installing our mobile application, SpotRacers, you (the user of SpotRacers) hereby accept this license agreement and the terms of use contained in this agreement (hereinafter the “Agreement”).
1.2 SpotRacers is a game, where players collect real cars directly from the streets and use them to race against their friends and other players. SpotRacers is the first collectable car game in the world.
1.3 SpotRacers and all intellectual rights pertaining to it, are owned by the Danish game developers, LEVEL UP GARAGE APS, Pilestræde 43, 1., 1112 Copenhagen K, Denmark, company registration number 40575944 (hereinafter “us”, “our” or “Level Up Garage”).
1.4 This Agreement may from time to time be amended at Level Up Garage’s sole discretion. You are bound by any changes to this Agreement when using SpotRacers after changes have been made available to you.
2 Scope of Agreement
2.1 To gain access to SpotRacers, you have to 1) download the mobile application, 2) install it on your mobile device, 3) sign up and register as a user of SpotRacers.
2.2 During the sign-up process, you can either:
2.2.1 Sign up “manually” by entering a user name.
2.2.2 Sign-up via third party application log-in such as Facebook, in which case you authorize us to access and use certain third-party account information, including but not limited to public profile, your name and surname, your e-mail, your birthday, gender, country of origin and similar.
2.3 You can upload a photographic image to your user profile. The information on your user profile and your presentation will be displayed to other users of SpotRacers.
2.4 You are solely responsible for the content and information you make available on SpotRacers, including photographs, profile text etc. (collectively, “Content”).
2.5 With this Agreement, you are granted access to SpotRacers, on the terms and conditions set out in this Agreement and our Privacy Policy.
3 Grant of License
3.1 This Agreement grants to you, and you accept, a perpetual, non-exclusive and non-transferable license to download, install and use SpotRacers subject to the terms set forth in this Agreement. When you download, install and use SpotRacers, you accept this Agreement, which does not in any way convey to you an interest or ownership in or to SpotRacers as such, but only to the copy downloaded by you, and only with a limited right of use always subject to the terms of this Agreement.
3.2 This Agreement does not allow you to use SpotRacers on any device that you do not own or control, and you may not distribute or make SpotRacers available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense SpotRacers.
4 Restrictions
4.1 You may not copy (except as expressly permitted), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of SpotRacers, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).
4.2 This Agreement will govern any upgrades provided that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4.3 We retain all rights, title, and interest in and to SpotRacers, including services and any updates. You agree to cooperate with us to maintain our ownership of SpotRacers, and, to the extent that you become aware of any claims relating to SpotRacers, you agree to use reasonable efforts to promptly provide notice of any such claims to us.
5 Your obligations
5.1 At all times, you are obliged to:
5.1.1 Provide Level Up Garage with correct account information of name, e-mail address, etc.,
5.1.2 Respect the restrictions and conditions applicable for your use of SpotRacers and follow instructions from Level Up Garage, including but not limited to this Agreement,
5.1.3 Avoid posting or transmitting any material that is offensive, inappropriate or illegal,
5.1.4 Avoid posting or transmitting any Content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity),
5.2 Failure to comply with the above may resolve in non-approval, deactivation of your account and/or banishment from SpotRacers, with any notice or without notice at the sole discretion of Level Up Garage.
5.3 Your use of SpotRacers may be prohibited or restricted in certain countries. If SpotRacers is used or accessed from outside of Denmark, you are responsible for complying with the laws and regulations of the territory from which SpotRacers is accessed or used.
6 Content
6.1 When you post Content, Level Up Garage is automatically granted an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, adapt, modify, make available and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
6.2 You warrant that any posting and use of Content by Level Up Garage will not infringe or violate the rights of any third party.
7 Payment
7.1 You are entitled to register and use the functionalities of SpotRacers free of charge. However, Level Up Garage also offers features to SpotRacers that may require payment by you.
8 No warrenty
8.1 Level Up Garage offers no warranty for SpotRacers, to the extent permitted by applicable law. Except when otherwise stated in writing, Level Up Garage provide SpotRacers "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, or non-infringement, or that SpotRacers or any services will be uninterrupted or error-free. The entire risk as to the quality and performance of SpotRacers is with you.
8.2 In no event unless required by applicable law or agreed to in writing will Level Up Garage be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use SpotRacers.
9 Liability limitation
9.1 In general, no liability incurs with Level Up Garage. If in extraordinary cases Level Up Garage should be liable, such liability is limited, to the extent permitted by applicable law, in the following ways:
9.1.1 No indirect loss is covered, including but not limited to loss of data, revenue loss, edition sales, etc.;
9.1.2 No physical damage on items, property and/or individuals is covered;
9.1.3 Damages are under any circumstances limited to DKK 1.000.00;
9.1.4 Only claims based on gross negligence or intent of Level Up Garage can be filed.
10 Terms and termination
10.1 This Agreement is in force until you either resign from use of SpotRacers or if Level Up Garage terminates this Agreement. You may resign by deleting your account at any time without notice.
10.2 Level Up Garage is entitled to terminate your user account immediately if you violate the regulations of this Agreement.
10.3 Level Up Garage’s rights to Content shall not be affected by the termination of this Agreement or your user account.
11 Law and venue
11.1 This Agreement and any disputes arising hereof, or other disputes or claims arising out of or in connection with the use of this Agreement, shall be settled in accordance with Danish law by the City Court of Copenhagen, Denmark.
© May2021, Level Up Garage ApS