Hunting Game Counter Terms of Service
1.1 Terms of Service
1. Accepting the Terms
These Terms of Service together with the Privacy Policy below ("Terms") are a legal agreement between Mørkenborg APP’s IVS ("Mørkenborg APP" or "we") and you ("you"). By using or accessing the Hunting Game Counter [“the App”] you agree that you have read, understood, and accept to be bound by the Terms. Mørkenborg APP reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately upon posting on the App, and your continued use of the the App after any changes or modifications to these Terms are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the App
2. Rights to Use the Service
Subject to your compliance with these Terms, Mørkenborg APP grants you a limited, revocable, nonexclusive, non-transferable, non-sublicensable license to use and access the App, solely for your personal, non-commercial use. You agree not to (and not to attempt to) (i) use the App for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App or any portion of the App, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mørkenborg APP or its licensors, except for the permissions and rights expressly granted in these Terms.
Morten Moltke Nygaard Advokat (L), Partner E: mmn@rodstenen.dk T: + 45 87 31 42 06 Sekretær Katja M. Poulsen/cho E: kp@rodstenen.dk T: +45 87 31 42 17 J.nr. 12725 23. april 2018 2 If you violate these Terms, Mørkenborg APP reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the App. You agree that Mørkenborg APP need not provide you notice before terminating or suspending your account(s), but it may do so.
Mørkenborg APP reserves the right to refuse any user access to the App without notice for violation of the Terms
3. Intellectual Property/Ownership
All rights, title and interest in and to all materials that are part of the App (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for “User Content” (as defined below), collectively referred to as the “Service Materials”, are, as between Mørkenborg APP and you, owned by Mørkenborg APP and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without Mørkenborg APP's express prior written permission. All other uses of copyrighted material, including any derivative use, require express prior written permission from Mørkenborg APP. Any reproduction or redistribution of Service Materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. You acknowledge that you do not acquire any ownership rights by using the App or by accessing any Service Materials posted on the App by Mørkenborg APP, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by Mørkenborg APP and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
4. User Content
Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the App by you or other users (hereinafter "User Content") are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Mørkenborg APP. All User Content is the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Mørkenborg APP is not responsible for any files users upload, post, or otherwise make available. Mørkenborg APP may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Mørkenborg APP application. By using Mørkenborg APP you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Mørkenborg APP will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content. 3 User Content is not confidential and will not be returned to the user. You represent and warrant that User Content you transmit or submit is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without Mørkenborg APP incurring any third party obligations or liability arising out of its exercise of such rights and licenses. You hereby grant to Mørkenborg APP a worldwide, irrevocable (as long as your account is not terminated), perpetual, non-exclusive, transferable, fully paid-up and royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit User Content you transmit or submit and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in User Content. The foregoing license granted Mørkenborg APP by you, expires in the event that your account is terminated, either by you, or by Mørkenborg APP. Mørkenborg APP reserves the right to remove and permanently delete any User Content from the App with or without notice for any reason or no reason. You may notify Mørkenborg APP of any User Content that you believe violates these Terms, or other inappropriate user behavior, by emailing [e-mailadresse].
5. Rules of Conduct/Usage
As a condition of your use of the App, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the App. As an example and not as a limitation, you agree not to use the App in order to: A. post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable B. defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable C. violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the App in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity) D. attempt to obtain passwords or other private information from other members E. improperly use support channels or complaint buttons to make false reports to Mørkenborg APP 4 F. use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the App G. without Mørkenborg APP’s express written consent, modify or cause to be modified any files that are a part of the App H. disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the App I. institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the App, or other attempts to disrupt the App or any other person’s use or enjoyment of the App J. attempt to gain unauthorized access to the App, Accounts registered to others or to the computers, Servers, or networks connected to the App by any means other than the user interface provided by Mørkenborg APP, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the App K. interfere or attempt to interfere with the proper functioning of the App or connect to or use the App in any way not expressly permitted by these Terms of Service L. use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the App or that is in transit from or to the App, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the App M. intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the App, whether through the use of a network analyzer, packet sniffer or other device N. make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure O. use, facilitate, create, or maintain any unauthorized connection to the App, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the App; or (2) any connection using programs, tools, or software not expressly approved by Mørkenborg APP P. violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the App These rules of use are not meant to be exhaustive, and Mørkenborg APP reserves the right to determine what conduct it considers to be a violation of the Terms or improper use of the App and to take action up to and including termination of your account and exclusion from further participation in the App
6. Termination
You may terminate your account at any time and for any reason by sending an email to hgc@morkenborg.com. Such requests are usually processed by Mørkenborg APP within 48 hour upon receipt. Mørkenborg APP may terminate your account and your access to the App (or, at Mørkenborg APP’s sole option, applicable portions of the App) at any time for violation of the Terms. Mørkenborg APP is not required to provide you with any notice or warning prior to any such termination.
Privacy Policy
Mørkenborg APP respect the privacy rights of our users and are committed to protecting the information collected through the App. Mørkenborg APP has adopted this privacy policy (“Privacy Policy”) to explain how Mørkenborg APP collects, stores, and uses the information collected in connection with Mørkenborg APP's Services. Should you have any questions relating to this Privacy Policy, please contact us at hgc@morkenborg.com. BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE APP, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE APP. Mørkenborg APP reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. Your continued use of the App will signify your acceptance of the changes to this Privacy Policy
Non-personal data:
For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify you. Additionally, non-personal data means “aggregate” and “de-personalized” information, which is data Mørkenborg APP collects about the use of the App, from which any personally identifiable data has been removed. Mørkenborg APP may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Mørkenborg APP to identify you. The types of nonpersonal data Mørkenborg APP may collect and use include, but are not limited to: (i) device software platform and firmware; (ii) mobile phone carrier; (iii) geographical data such as zip code, area code and location; (iv) other non-personal data as reasonably required by Mørkenborg APP to enhance the App. Mørkenborg APP may use and disclose to Mørkenborg APP's partners and contractors the collected nonpersonal data for purposes of analyzing usage of the App, advertisement serving, managing and providing 6 the App and to further develop the App. You recognize and agree that the analytics companies utilized by Mørkenborg APP may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.
Ad Serving Technology:
Mørkenborg APP reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Mørkenborg APP or Mørkenborg APP’s partners and contractors. Mørkenborg APP may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through the App. Mørkenborg APP or third parties operating the ad serving technology may use demographic and location information as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the App. Mørkenborg APP or third parties may collect and use data for this purpose including, but not limited to IP address (including for purposes of determining your approximate geographic location), UDID, software, applications, hardware, browser information, internet and on-line usage information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology. You recognize and agree that the advertising companies who deliver ads for Mørkenborg APP may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies are integrated into the App; if you do not want to be subject to this technology, do not use or access the App. Although Mørkenborg APP takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, Mørkenborg APP does not have access to or control of third party technologie
Personal Data:
For purposes of this Privacy Policy, “personal data” means personally identifiable information that specifically identifies you as an individual. Likely situations when you make personal data available to Mørkenborg APP include, but are not limited to: (i) registration for the App, contests and special events; (ii) accessing the App using a third party ID, such as social networking sites; (iii) subscribing to newsletters; (iv) purchasing a product or services through Mørkenborg APP’s online stores; (v) using “tell a friend,” "email this page," or other similar features; (vi) requesting technical support; and (vii) otherwise through use of Mørkenborg APP’s App where personal data is required for use and/or participation. The types of personal data may vary depending on the type of activity you are engaged in. Please note, that you are not obligatet to make personal data available or register any personal data then using the App. You may thus use the App only by registering your screen/nick name and password. 7 The personal data Mørkenborg APP may collect and process may include, but are not limited to your name, screen/nick name, Mørkenborg APP’s services’ or third party service ID, e-mail address, phone number, photo or other image, birthdate, sex, address, friend connections, avatar image, credit card information, weapon information, shipping information; device properties, including, but not limited to unique device identifier or other device identifier ("UDID"); Facebook-ID and location (only if directly identifiable to you, otherwise we treat location as non-personal data). Mørkenborg APP may use collected personal data for purposes of analyzing usage of the App, providing customer and technical support, managing and providing ervices (including managing advertisement serving) and to further develop the App. Mørkenborg APP may combine non-personal data with personal data. Please note that certain features of the App may be able to connect to your social networking sites to obtain additional information about you. In such cases, Mørkenborg APP may be able to collect certain information from your social networking profile when your social networking site permits it, and when you consent to allow your social networking site to make that information available to Mørkenborg APP. This information may include, but is not limited to, your name, profile picture, gender, user ID, email address, your country, your language, your time zone, the organizations and links on your profile page, the names and profile pictures of your social networking site “friends” and other information you have included in your social networking site profile. Mørkenborg APP may associate and/or combine as well as use information collected by Mørkenborg APP and/or obtained through such social networking sites in accordance with this Privacy Policy
Disclosure and Transfer of Personal Data:
Mørkenborg APP collects and processes personal data on a voluntary basis. Personal data may occasionally be disclosed in accordance with applicable legislation and this Privacy Policy. Mørkenborg APP may hire agents and contractors to collect and process personal data on Mørkenborg APP’s behalf and in such cases such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by Mørkenborg APP. These agents and contractors may not use your personal data for their own marketing purposes. Mørkenborg APP may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. Mørkenborg APP has the right to share your personal data as necessary for the aforementioned third parties to provide their services for Mørkenborg APP. Mørkenborg APP is not liable for the acts and omissions of these third parties, except as provided by mandatory law. Mørkenborg APP may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Mørkenborg APP to legal liability. Mørkenborg APP may also disclose your personal data to third parties when Mørkenborg APP has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Mørkenborg APP’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Mørkenborg 8 APP believes that such disclosure is necessary to protect Mørkenborg APP’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Mørkenborg APP
Data Retention and Correctness:
Mørkenborg APP retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, Mørkenborg APP deletes all aforementioned data in its possession. Mørkenborg APP does not verify the correctness of personal data.
You are at all times entitled to require the deletion of your personal data by sending an e-mail to hgc@morkenborg.com. If your account is terminated, either by you or by Mørkenborg APP, your personal data will be deleted.
Even if data is changed or deleted, Mørkenborg APP may still retain some of the data to resolve disputes, enforce Mørkenborg APP user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of the App.
If You want information about what Personal Data Mørkenborg APP has registered about You, please send an email to hgc@morkenborg.com.
Complaints procedure:
You may appeal or complaint to The Danish Data Protection Agency (Datatilsynet) about Mørkenborg APPs processing of Personal Data. The complaint must be sent to:
The Danish Data Protection Agency (Datatilsynet)
Borgergade 28,5
1300 Copenhagen K
Denmark E-mail: dt@datatilsynet.dk
Cookies and beacons:
The App may use “cookies” and other technologies such as pixel tags, clear GIFs and web beacons. Mørkenborg APP treats information collected by cookies and similar technologies as non-personal data.