Avatarsunited.com is owned and operated by Enemy Unknown AB. Enemy Unknown AB is a Swedish company regulated by Swedish authorities. Enemy Unknown AB is limited by shares(aktiebolag) and must file annual reports to Bolagsverket. Enemy Unknown AB was registered in November 2007 and has since then developed the Avatarsunited.com community website. Avatarsunited.com launched the spring of 2008 as the first dedicated community for MMOG avatars focusing on avatar personas and not gamer personas, on avatar experiences and not performance.
By using and/or visiting this website (collectively, including all content and functionality available through the Avatarsunited.com domain name, the "AvatarsUnited Website", or "Website"), you signify your agreement to these terms and conditions (the "Terms of Service"). If you agree to these Terms of Service, please click on the appropriate “acceptance” link. If you do not agree to these terms, please do not use the AvatarsUnited Website.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.avatarsunited.com/en/info/terms_of_use). AvatarsUnited may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the AvatarsUnited Website, including users who are also contributors of video content, information, and other materials or services on the Website. The AvatarsUnited Website may contain links to third party websites that are not owned or controlled by AvatarsUnited. AvatarsUnited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AvatarsUnited will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve AvatarsUnited from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the AvatarsUnited Website and to read the terms and conditions and privacy policy of each other website that you visit.
In order to access [some/the] features of the Website, you will have to create an AvatarsUnited account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AvatarsUnited immediately of any breach of security or unauthorized use of your account. Although AvatarsUnited will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AvatarsUnited or others due to such unauthorized use.
AvatarsUnited hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without AvatarsUnited's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the AvatarsUnited servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, AvatarsUnited grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. AvatarsUnited reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
The content on the AvatarsUnited Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to AvatarsUnited, subject to copyright and other intellectual property rights under Swedish and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. AvatarsUnited reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. We grant you a limited, revocable, and nonexclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the AvatarsUnited Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the AvatarsUnited Website or the Content therein.
The AvatarsUnited Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, AvatarsUnited does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize AvatarsUnited to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any User Submission submitted by you. You agree to indemnify AvatarsUnited for all claims arising from your claims to any rights in any User Submission. User Submissions will be treated as nonproprietary. Subject to the terms of our Privacy Policy, by transmitting or posting any User Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, worldwide and fully sub-licensable and transferable license to use, reproduce, modify, adapt, publish, sell, assign, translate, distribute, prepare derivative works of, display in any form, media, or technology, whether known or hereafter developed, alone or as part of other works, perform the User Submissions in connection with the AvatarsUnited Website and AvatarsUnited's (and its successor's) business, including without limitation for promoting and redistributing part or all of the AvatarsUnited Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the AvatarsUnited Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the AvatarsUnited Website. You also acknowledge that AvatarsUnited may use your User Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AvatarsUnited all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage AvatarsUnited or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
AvatarsUnited does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and AvatarsUnited expressly disclaims any and all liability in connection with User Submissions. AvatarsUnited does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AvatarsUnited will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. AvatarsUnited reserves the right to remove Content and User Submissions without prior notice. AvatarsUnited will also terminate a User's access to the Website, if the user is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. AvatarsUnited also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. AvatarsUnited may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the AvatarsUnited Website, you will be exposed to User Submissions from a variety of sources, and that AvatarsUnited is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AvatarsUnited with respect thereto, and agree to indemnify and hold AvatarsUnited, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. AvatarsUnited permits you to link to materials on the Website for personal, non-commercial purposes only. AvatarsUnited reserves the right to discontinue any aspect of the AvatarsUnited Website at any time.
We collect your personal information when you register a AvatarsUnited account. The information you provide to us via online registration is used to provide you with access via your user name and password to the Website, to enable you to post messages on the message board, to sign up to receive newsletters and to set up a personal profile on the Website.
In addition and with your consent we (and if applicable, our partners or other trusted third parties) use your information for certain marketing, market research, analysis and related purposes. It is up to you how much or how little information you allow us to use for these purposes. Our on screen notices will ask for your explicit permission for such additional purposes. These purposes include: (i) to communicate with you from time to time by email and (where you provide us with those details either via the Website or elsewhere) by mobile (using SMS or, if your mobile device permits, MMS messages or similar technologies) and occasionally by post, with information, offers and other material which may interest you; (ii) to make your information available from time to time to trusted partners and third parties, for the same purposes as above; (iii) to conduct market research, for example by asking you to participate in a survey about topical issues conducted by us or trusted partners or third parties. We will always try to tell you before you participate in the survey how any information you provide in the survey will be used; or (iv) to enable us and third parties acting on our behalf to analyse your information, in a non-identifying form, (generally in the form of statistics), so that we can identify trends about usage of the Website and improve it. Additionally we reserve the right to access and disclose your personal information in order to comply with applicable laws, to comply with lawful requests from governments, law enforcement agencies or parties whose request we reasonably consider to be justified in connection with any allegations by any party about your abuse of our services, to operate our systems properly or to protect ourselves or our users.
Like many websites, we use "cookies." Cookies are small text files that websites automatically save to the cookie file of the browser on your computer when you enter the website. We do not use cookies that access any information stored on your hard drive or damage or otherwise endanger your computer. We use cookies to identify your computer when you visit the Website and to track and assist your navigation around the Website. Examples of the information that may be collected and analysed using cookies are user-name, email address and password, the internet protocol (IP) address used to connect your computer to the internet, browser type and version, operating system and platform you use to connect, areas of the Website you viewed or searched for, the Uniform Resource Locators (URLs) from or through which you entered and exited the Website and the date and time of such activity. You can use the "Help" section of the tool bar on most browsers to change the settings on your computer, for example to notify you when you receive a cookie, or to refuse all cookies. However, some of the features of the Website may not work or may be more difficult to access if you refuse all cookies. We use a third party advertising company to serve advertisements on the Website. This company may use information (not including your name, address, email address or telephone number) about your visit to the Website in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements on the Website, our third party advertiser may place or recognise a unique "cookie" on your browser.
You can amend or remove information you give us via the Website at any time. If you want to amend your profile on the Website or remove your information from an SMS/MMS, newsletter or other distribution list which you subscribed to on the Website, you can click on the "Update Profile" link when logged in on the website(s) and amend your profile accordingly. Alternatively, you may unsubscribe from a newsletter or other email distribution list by clicking on the relevant link on the newsletter/other email (which can normally be found at the bottom of the communication). You may withdraw from an SMS/MMS service you requested via SMS/MMS (as opposed to online) by following the instructions you receive in the message confirming your request. Any message requesting withdrawal from a service will be charged at standard rates. If you want to remove all of your information from our database, you may do so by sending an email to info@avatarsunited.com specifying your name, user-name, email address and telephone number. In order to subsequently re-subscribe with the same user name, you will also need to email info@avatarsunited.com.
You can amend, remove or update your personal information or receive information about the handling of you personal information at AvatarsUnited by sending an email to info@avatarsunited.com. You may also send any questions you may have about privacy issues via email to info@avatarsunited.com.
We have taken steps to ensure that your information is secure, including limiting the number of people who have physical access to our database servers, as well as electronic security systems and password protections that guard against unauthorised access.
In the unlikely event that we sell or otherwise dispose of some or all of our business to another party, we reserve the right to transfer your information as part of any assets sold or disposed of.
We will try to email you if there are any changes to this policy that materially affect how we use your information. However, we encourage users to be responsible about their privacy and to check this policy from time to time and to update their preferences.
You agree that your use of the AvatarsUnited website shall be at your sole risk. To the fullest extent permitted by law, AvatarsUnited, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. AvatarsUnited makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information therein, (iii) any interuption or cessation of transmission to or from our Website, (iv) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through our Website by any third party, and/or (v) any errors or omssion in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the AvatarsUnited Website. AvatarsUnited does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the AvatarsUnited Website or any hyperlinked Website or featured in any banner or other advertising, and AvatarsUnited will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products or services.
In no event shall AvatarsUnited its officers, directors, employees, and agents be liable to you for any damages whatsoever (including lost profits) resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therin, (iii) any interuption or cessation of transmission to or from our Website, (iv) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through our Website by any third party, and/or (v) any errors or omssion in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the AvatarsUnited Website and whether or not the company is advised of the possibility of such damages; and/or (vi) events beyond AvatarsUnited’s reasonable control. You specifically acknowledge that AvatarsUnited’s shall not be liable for user submissions or the defamtory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Further, in no event shall AvatarsUnited’s maximum aggregate liability exceed SEK 1000.
You agree to defend, indemnify and hold harmless AvatarsUnited, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the AvatarsUnited Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the AvatarsUnited Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AvatarsUnited without restriction.
You agree that the AvatarsUnited Website shall be deemed solely based in Sweden. These Terms of Service shall be governed by the internal substantive laws of Sweden, without respect to its conflict of laws principles. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of 3 arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.