Terms of Use
Last updated 23rd of May 2018


1. Information about the Terms of Use
These “Terms of Use” are the terms on which this Website and Services (as defined below) are made available to you. By accessing the Website or using the Services, you agree to be bound by these Terms of Use, so please read them carefully and if necessary print out and save a copy of them. If you do not accept these Terms of Use, you must immediately cease using the Website and/or Services.

In these Terms of Use “you” means the individual accessing the Website or using the Services and “Abovo Media” or “we” or “us” means Abovo Media Group AB, Alingsåsvägen 6, SE 50435 Borås, Sweden, except where a Service is provided by another Abovo Media Group company in which case such references shall be references to that Abovo Media Group, the company.


2. Changes to these Terms of Use

We are constantly looking for new ways to improve the Website and Services we provide to you. We, therefore, reserve the right to amend these Terms of Use at any time. All such changes will take effect once they have been posted on the Website and you will be deemed to have accepted any such changes by your use of the Website or the Services from such time.


3. Description of Services

Overview

We provide you with a number of on-line resources, including but not limited to database and of software referred as Games as well as extra material directly related to this software. We also provide ability to post articles regarding these software in some manner. We also provide search functionalities using keywords or lists to find these software. We also provide a place where the software and similar interest can be discussed in an social manner.

The Games we provide on our site are either not longer available on retail or Games that are one or more of the categories: abandonware, freeware, free demos and shareware. Should the Games in question be or become available commercially then we will no longer provide the Games directly and instead link to third parties where the Games can be acquired.

If you believe any of the games published on this site is subject to copyright and should be removed, please contact us at our email address: info@abovomedia.com.

The Games and additional data in question is not owned by us and we do not claim any copyright or ownership to any material not directly associated to design and trademark of the site itself. For more information regarding this look under the heading Copyright/Copyright License.

Advertisers

We may also introduce you to certain partners and the services they offer, notably in the form of integrated services (e.g. classified advertisements). We may also display promotional links on the website; these are also known as sponsored links, advertising messages or promotional offers, which you may find yourself prompted to view while using the Website.


4. Abovo Media Privacy Policy

You must read our Privacy Policy which contains important information about the use of your personal data and other information regarding your privacy and our security processes and policies.


5. User Account and Password

If you wish to access certain Services on the Website you must set up an account on the Website. You will be able to set a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account. We do not have the means to check the identities of people using the Website and will not be liable where your password or account is used by someone else.


6. User Conduct

You agree to not access the Website and/or use the Services to:

• harm minors in any way.
• interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services.
• intentionally or unintentionally violate any applicable law or regulation.
• extract, collect, process, combine or store personal data about other users.
• reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.

You agree not to upload, post, email, or otherwise transmit:

• any Content that is false inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability,
• any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose,
• any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.


7. Content Posted by You

You acknowledge that you are responsible for all information, data, text, software, photographs, graphics, video, messages and other materials ( “User Content”), whether publicly posted or privately transmitted, which you upload, post, email or otherwise transmit via the Website and/or Services.

We shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any User Content that is available via the Services that violates the Terms of Use, copyright or is otherwise objectionable.


8. Responsibility for Content

We provide descriptions of games, screenshots, articles, game software and other related material on the site. This material has been provided to us by members, users or third parties, and not directly by us and we will not be responsible for the quality, functionality and accuracy of this Content.

Whilst we use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the Website Content will be free from errors or omissions and we accept no liability for any inaccuracies or mistakes in any Website Content.


9. Content Relating to Financial Services

In regards to the Website Content or Services in respect of financial services, investment or trading, such Website Content or Services are provided for informational purposes only, and no such Website Content or Services are intended for trading or investing purposes. We shall not be responsible or liable for the accuracy, usefulness or availability of any such information transmitted on the Website or via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.


10. Access to Website and Services

Whilst we will try to ensure that the Website will be available uninterrupted and in a fully operating condition, we cannot guarantee this. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

We will make every effort to provide you with the latest and most accurate information and data possible on the Website. However, as this information and data are transmitted to us by the users of the site, either directly or by contacting us via other means, we are unable to guarantee that it is fully accurate and exhaustive.


11. Changes to the website and services

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) or to launch new services, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services.

In the event of any changes to Services requiring the opening of a account on the Website, we will notify users using all appropriate means. You may cancel your account on the Website online by notifying Customer Services at any time.

12. Termination

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof), access to the Website or use of the Services, and remove and discard any Content within the Services, for any reason. We may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.


13. Links

We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and you agree that you will not involve us in any dispute between you and any third party.


14. Copyright/Copyright License

Your use of the Website and its contents grants no rights to you in relation to the intellectual property rights including, without limitation, trademarks, logos, graphics, software, photographs, animations, videos, and text or the intellectual property of third parties in the Website and its contents.

Company logos, screenshots, box covers, etc. published on the Website belong to their respective owners.

All the software and related data available for download on the site is the property of third party copyright owner that may at any time ask the the material to be removed but also has the right to your limit use of said material.

If you believe any of the games published on this site is subject to copyright and should be removed, please contact us at our email address: info@abovomedia.com.

You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use unless you are the legal copyright owner of said content.


15. Compensation

You agree to compensate us and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, from any claim or damages (including any legal fees in relation to such claim or damages), made by any third party in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms or your violation of any law or the rights of any third party.

16. Our legal obligations and limits on liability

Nothing in these Terms of Use shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by us, our employees or agents.

We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

We shall only be liable for losses you suffer as a result of us breaking these Terms of Use if the losses are a foreseeable consequence of us breaking the Terms of Use. Losses are unforeseeable where they could not be contemplated by you and us at the time the Terms of Use were entered into by you. We are not responsible for any indirect losses which are not foreseeable by you and us (such as loss of profit and/or loss of opportunity).


17. Notices

Notices to you may be delivered via either email or regular mail. Notices can both be sent by us directly or from third parties commissioned by us. The Services may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Services.


18. Trademark Information

Any site specific logos or trademarks and other Abovo Media logos and product and service names are trademarks of Abovo Media Group AB (the “Abovo Media Marks”). Without our prior permission, you agree not to display or use in any manner, the Abovo Media Marks.


19. Copyrights and Copyright Agents

If you believe that any of your intellectual property rights have been infringed by any User Content or Website Content, or the Games on our site are available in a exclusive commercial form, please send notice of such alleged infringement to info@abovomedia.com.


20. General Information

These Terms of Use and any additional terms and conditions referred to in them constitute the entire agreement between you and us and govern your use of the Website and the Services, superseding any prior agreements between you and us.

In the event of any dispute between you and us concerning these Terms of Use, Swedish laws will apply. If you wish to take court proceedings against us, you must do so within Sweden. Any failure by us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use continue to apply.

Neither you nor Abovo Media may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies.
 

 
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