If you would like to discuss any issue you have in relation to the Games or the Services or make a complaint about anything contained in the Games or Services, please contact us using the following details: firstname.lastname@example.org or write to: Complaints, Another Place Productions, Unit 10A, The Chandlery Business Centre, 50 Westminster Bridge Road, London, SE1 7QY.
1) CHANGES TO THESE TERMS:
We may from time to time vary these Terms. Please check the Terms regularly to ensure you are aware of any variations or amendments made by us. Your use of the Games and the Services is subject to the most recent version of these Terms. We shall notify you of any material changes.
2) AGE RESTRICTIONS
a) Some Games and Services may have age restrictions. By using the Games, you confirm to us that you are the required age. If you do not meet these age restrictions you may not download and/or continue to use the Games and we may terminate this agreement
b) If you are aged under 18 years’ old please review these Terms and our Privacy and Cookies Policy with your parent or legal guardian to ensure that you and your parent or legal guardian understand the terms and conditions contained in these Terms and our Privacy and Cookies Policy (the “PCP”).
3) ACCEPTANCE OF THESE TERMS
a) These Terms together with our PCP set out how you may use the Games (including making in-game purchases) and our Services. They form a legally binding contract between you and us. The PCP is an essential part of these Terms and by accepting these Terms you also accept and consent to our PCP.
b) If you have an Apple Account and download any of our Games you are deemed to accept these Terms.
c) If you use any of our Services, you are deemed to accept these Terms.
d) We both acknowledge that your acceptance of these Terms forms a legally binding contract between you and us.
e) Please note that no contract is formed between you and Apple as a result of your agreement to these Terms. We are solely responsible to you for the Games and their content, maintenance and support and for the provision of our Services; not Apple. Apple’s terms and conditions apply to your use of the Games and your in-game purchases (the “Apple Terms”). The Apple Terms that apply to you can be found here: http://www.apple.com/legal/internet-services/itunes/ww/. If there is any conflict between these Terms and the Apple Terms, the Apple Terms shall prevail.
f) If you use a platform other than Apple (for example Google Play)(each a “Platform Provider”), then your purchase and use of the games may be subject to the terms and conditions of that platform (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail .
g) If you use any of our online forums, the provider of our forum platform vBulletin’s terms and conditions (the “vBulletin Terms”) apply to your use of that forum. The vBulletin Terms that apply to you can be found here: www.vbulletin.com/en/terms. If there is any conflict between these Terms and the vBulletin Terms, these Terms shall prevail.
4) ACCESS TO AND USE OF THE GAMES AND SERVICE
a) To download our Games through the Apple App Store and make in-game purchases you must have an ‘Apple Account’.
b) Download Charges: There is currently no charge to download our Games or use our Services. However we may decide to commence charging at any time.
c) Security of Passwords and User ID: You are responsible for keeping your online account details (including any Apple Account you have) secure and for the security of any device you use to access the Games or Services. If you become aware of any unauthorised access to the Games or Services or any suspected breach of security you should notify us immediately. You also agree that you shall not share or otherwise allow access to the Games or Services by any other person.
d) In-Game Enhancements and Virtual Currency: You can, if you choose, purchase in-game enhancements to add to your game play. These “In-Game Enhancements” may enable you to:
i. up-grade your game character, boost the capabilities and powers of your game character;
ii. continue your current game without having to go back to the start;
iii. take you to new game levels or further into the Games without having to complete elements of the game first;
iv. use new and/or better weapons and new characters; and
v. personally customise game items such as, for example, your character. In addition, you may purchase our “Virtual Currency” which we refer to in the Games as our ‘virtual coins’ or ‘virtual gems’ to use to purchase In-Game Enhancements. Further details of the terms on which we provide you with these Services are set out in paragraph 5 which we recommend you read carefully.
e) Intellectual Property: We own (or have a licence to use) all intellectual property in the Games and the Services (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in Games’ titles and other trade marks, whether registered or unregistered, used elsewhere used in the Games or Services). By using the Games and/or Services under licence you do not acquire any intellectual property in the Games (or any Service). Provided you continue to comply with these Terms, we hereby grant to you a non-exclusive, non-transferable, revocable licence to access and use the Games and Services for your own personal and non-commercial entertainment purposes. If you breach any provision of these Terms then this licence and your authorisation to use the Games (and our Services) will automatically and immediately terminate and you must immediately cease use of the Games and Services.
f) Commercial Use Forbidden: For the avoidance of doubt, any commercial use of the intellectual property in our Games and Services by you is strictly forbidden without our prior express written permission.
g) Information sent to us: Any non-confidential information which you send to us, or which you upload using our Games or Services, shall be owned by us. We may, for example, use content which you upload to promote the Games or the Services.
h) Game Restrictions: Certain restrictions apply in relation to your right to access and use the Games. These are as follows:
i. You must not be located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
ii. You must not be listed on any U.S. Government list of prohibited or restricted parties;
iii. You may not use the Games in any improper or unlawful manner or in breach of any legislation or licence that applies to you;
iv. You agree to comply with all reasonable instructions that we may give you regarding your use of the Games.
v. You are responsible for all costs associated with any device required to access and play the Games or using the Services including the cost of any Internet access and any software required to access the Games or the Services. It is your responsibility to ensure that you comply with all third party applicable terms. You are also responsible for ensuring that no person uses your device to access the Games without your permission. We will be entitled to assume that anyone who accesses the Games using your device has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
5) IN-GAME PURCHASES
a) In-Game Enhancements: We may make In-Game Enhancements available to you. You can access and use In-Game Enhancements by:
i. purchasing such services for ‘real’ money, this is what we refer to as an ‘in-game purchase’;
ii. as part of a promotional offer, competition or action by us or a third party; or
iii. accruing such items within the Games itself through game play.
b) Virtual Currency: In addition, we may also make virtual coins and gems (“Virtual Currency”) available to you to use within the Games to purchase In-Game Enhancements. You can obtain Virtual Currency by:
i. purchasing them for ‘real’ money, this is what we refer to as an ‘in-game purchase’;
ii. as part of a promotional offer, competition or action by us or a third party; or
iii. accruing Virtual Currency within the Games through game play.
c) In relation to both in-game services, we refer to In-Game Enhancements and to Virtual Currency collectively as “Virtual Items”. Certain terms apply to your access to and use of Virtual Items. Further terms apply to your use of Virtual Currency. These terms are set out in paragraph 5(d) below.
d) Virtual Items’ Terms: Our in-game service enabling you to acquire and use Virtual Items is subject to the following terms:
i. subject to paragraph 5(d)(iv), Virtual Items are not redeemable and not refundable (i.e. ‘use them or lose them)’ (for example, if you purchase Virtual items you will not get the ‘real’ money you paid for them back as Virtual Items have no real monetary value);
ii. any Virtual Currency balance shown in your use of our Games, or within your Apple Account or through another Platform Provider or online wallet relating to our Games, does not constitute a real-world balance or reflect any stored value that you can cash-out of the Games for ‘real’ money – it simply measures the extent of your limited licence to use that Virtual Currency to acquire In-Game Enhancements for use within the Games;
iii. Virtual Items are personal to you and non-transferable i.e. only you can use them and you cannot gift, sell, license, redeem, assign, transfer or otherwise dispose of them to any other person;
iv. your right to use Virtual Items ends if Apple or any other Platform Provider suspends or closes your Apple Account or your account on other platforms pursuant to these Terms, the Platform Terms and/or the Apple Terms (as applicable) or if we close or suspend your account with us; and
v. your right to use Virtual Currency expires 2 years after the date on which you purchased or earned the Virtual Items unless we decide, in our sole discretion, to provide you with a refund or applicable law entitles you to a refund for any unused Virtual Currency.
e) Price: The price payable by you for Virtual Items (the “Price”) is the price indicated within the Games at the time you make your purchase. If you are resident in the European Union, the Price includes any applicable value added or similar sales tax. We reserve the right to change the Price and specifications for any Virtual Item at any time for any reason. For information purposes a list of in-game purchases of Virtual Items you can make and their prices can be found on the Games’ home page on the Apple App Store and other platforms (such as Google Play).
f) Errors and Mistakes: You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software and the operation of the Games. If you become aware that the operation of the Games and any Virtual Item contains any error, or is incomplete, you shall promptly notify us by e-mail to email@example.com. You undertake to refrain from taking any advantage whatsoever, either knowingly or otherwise, of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery.
g) Cooling-Off Period: If you live in the European Union and you purchase a Virtual Item, you may be entitled to a refund for your purchase during a 14 day cooling-off period if you decide you do not want the Virtual Item and provided you have not downloaded or used the Virtual Item – you will be given the option to waive this right if you wish to download or use the Virtual Item immediately. If you would like to exercise your rights under the cooling off period please send an email to firstname.lastname@example.org.
– the Virtual Item will be removed from your account and any monies paid shall be refunded. Please refer to Apple’s terms and conditions for details of their refund policy generally and make any refund request directly to Apple via your Apple account.
h) Promotions: Virtual Items may be made available to you as a result of a promotion that we offer. Any such promotion may have additional terms and conditions. Before participating in any promotional offer you should read any additional terms and conditions as by participating in a promotion you accept and agree to be legally bound by such terms.
6) IN-GAME ADVERTS AND THIRD PARTY WEBSITES
a) We may generate revenue by advertising goods and/or services of third parties within the Games and Services including:
i. by serving ads that you might see and respond to when using the Games or Services. For example, a suggestion of another game you might want to play;
ii. by allowing Virtual Items to be endorsed by third parties; and
iii. by offering you the chance to ‘earn’ Virtual Items for use within the Games or Services if you respond to third party advertising in a pre-defined manner.
b) Certain links, including hypertext links, from the Games or Services may take you outside the Games or Services and even the platform it is played on. This includes when you respond to an ad suggesting another game to play as outlined in paragraph 6a)(i) above. This does not imply endorsement by us of the linked site, its operator or its content. You acknowledge that we do not control the content on such websites and we do not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies which we recommend you read these carefully. You access such sites at your own risk.
7) COMPETITION AND PRIZE DRAWS: We may offer entry into competitions and prize draws through the Games or Services, and these may be subject to additional terms and conditions. Where such additional terms and conditions apply, these will be clearly notified to you and a link will be provided in order for you to read and accept the relevant terms and conditions before you enter into the competition or prize draw.
8) REPRESENTATIONS AND WARRANTIES IN RELATION TO THE GAMES AND SERVICES
A) WE WILL EXERCISE ALL REASONABLE SKILL AND CARE IN PROVIDING THE GAMES AND SERVICES. HOWEVER, WE ARE NOT ABLE TO GUARANTEE THE AVAILABILITY OF THE GAMES OR SERVICES OR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT, MATERIALS OR INFORMATION IN THE GAMES (OR PROVIDED AS PART OF THE SERVICES) THAT DERIVE FROM THIRD PARTIES (INCLUDING ANY OF OUR LICENSORS OR THIRD PARTY PARTNERS).
B) EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE GAMES AND SERVICES AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH THE GAMES AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY GUARANTEE OF ANY KIND AND ANY CONDITIONS, STATEMENTS AND WARRANTIES (INCLUDING ANY WARRANTY OF RELIABILITY, COMPLETENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST AMOUNT PERMISSIBLE BY LAW.
C) WITHOUT LIMITING THE FOREGOING, WE CANNOT GUARANTEE AND DO NOT PROMISE THAT THE GAMES AND SERVICES AND ALL GAME MATERIALS AND INFORMATION PROVIDED THROUGH IT WILL MEET YOUR REQUIREMENTS. THEREFORE WE ADVISE YOU TO CHECK ANY MATERIALS OR INFORMATION PROVIDED TO YOU THROUGH THE GAMES AND SERVICES AS ANY RELIANCE THAT YOU PLACE ON THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THAT INFORMATION IS AT YOUR OWN RISK.
9) LIMITATIONS OF LIABILITY
b) The express terms of these Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which, but for these Terms, would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
C) SUBJECT TO CLAUSE 9(A), WE SHALL NOT BE LIABLE TO YOU FOR WHETHER IN TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE FOR:
I. ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, IN CONNECTION WITH THE GAMES OR THE SERVICES OR IN CONNECTION WITH THE USE OR INABILITY TO USE OR RESULTS OF THE USE OF THE GAMES OF THE SERVICES, ANY WEBSITES LINKED TO IT AND ANY USE OF THE GAMES OR SERVICES OR CONTENT ON THEM ARISING AS A RESULT OF:
1. ANY TECHNICAL, FACTUAL, TEXTUAL OR TYPOGRAPHICAL INACCURACIES, ERRORS OR OMISSIONS (HUMAN OR COMPUTER-GENERATED) ON OR RELATING TO THE GAMES OR SERVICES OR ANY INFORMATION PROVIDED IN RELATION TO THE GAMES OR SERVICES;
2. THE UNAVAILABILITY OF THE GAMES OR SERVICES (OR ANY PART OF THEM);
3. LOSS OF CONTENT OR DATA (INCLUDING, FOR EXAMPLE, LOSS OF VIRTUAL ITEMS);
4. ANY LOSS OR DAMAGE THAT MAY ARISE FROM THE CLIENT’S (OR USERS’) USE OF LINKS TO WEBSITES AND RESOURCES PROVIDED BY THIRD PARTIES, THESE LINKS ARE PROVIDED FOR THE CLIENT’S INFORMATION ONLY AND USED AT THE CLIENT’S OWN RISK.
5. ANY LOSS INCURRED AS A RESULT OF ANY LEGAL CLAIM OR REGULATORY ACTION ARISING FROM THE ACTIVITIES OF ANY PLAYER USING ANY OF THE GAMES OR SERVICES INFRINGING THIRD PARTY INTELLECTUAL PROPERTY OR BREACHING APPLICABLE LAW;
6. ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR IDENTITY, LOG-IN DETAILS, PASSWORD OR ACCOUNT, WITH OR WITHOUT YOUR KNOWLEDGE, INCLUDING IF A DEVICE USED TO ACTIVATE YOUR ACCOUNT IS STOLEN
II. LOSS OR DAMAGE CAUSED BY VIRUSES, BUGS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOU USE OF THE GAMES OR SERVICES OR THE DOWNLOADING OR UPLOADING OF ANY CONTENT VIA THE GAMES OR SERVICES;
III. ANY LOSS OF GOODWILL, BUSINESS OPPORTUNITIES, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, WASTED MANAGEMENT TIME OR OFFICE TIME, EVEN IF FORESEEABLE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE GAMES OR SERVICES; OR
iv. ANY STATEMENTS OR CONDUCT OF ANY PLAYER OF THE GAMES OR SERVICES;
v. ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHETHER FORESEEABLE, KNOWN, FORESEEN OR OTHERWISE AND HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
D) IN THE EVENT OF ANY LOSS OR DAMAGE TO CONTENT (INCLUDING DATA), YOUR SOLE REMEDY SHALL BE FOR US TO USE OUR REASONABLE ENDEAVOURS TO RESTORE THE LOST OR DAMAGED DATA OR CONTENT FROM THE LATEST BACK-UP MAINTAINED BY US.
E) NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RESPECT OF YOUR USE OF EACH GAMES OR THE SERVICES SHALL BE THE AMOUNT OF ANY FEES PAID BY YOU TO US DURING THE 3 MONTH PERIOD PRECEDING THE DATE ON WHICH THE ACT OR OMISSION CAUSING THE LIABILITY AROSE IN RESPECT OF THAT GAME OR THE GAME TO WHICH THE SERVICE CAUSING THE LIABILITY RELATED.
a) We may remove the Games from the Apple App Store or any other platform on which we make the Games or Services available or cease providing or change any of the Games’ or Services’ features, Virtual Items or services provided within the Games or Services at any time in our absolute discretion for any reason whatsoever. If we do so, the Apple App Store and any other platform on which we make the Games available should enable you to continue to play the version of the Games you downloaded and to use, subject to these Terms, any Virtual Items you have acquired but have yet to use; and
b) You may uninstall the Games from your device at any time.
a) Waiver: Any failure or delay by us to enforce any of our rights under these Terms will not be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such waiver in writing.
b) Third Parties: These Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise except for Apple and its subsidiaries who shall have the right to take action against you for any breach of these Terms.
c) Severability: if any paragraph of these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule or law then that paragraph or part thereof shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected.
d) Rights and obligations: We may assign our rights and/or transfer our obligations under this contract with you to any third party including the ability to sub-license and/or sub-contract our rights and obligations under these Terms to any third party.
e) Entire agreement: These Terms and Privacy and Cookies Policy set the full extent of our obligations and liabilities concerning the Games and the Services and replace any previous agreements and understandings between us.
f) Notices: All notices which are required to be given under these Terms shall be in writing and shall be sent to the postal address or email address of the party as follows: (a) to us, as set out in paragraph 1 above, and (b) to you, as provided in your Apple Account; or, with respect to either of us, such other address as the recipient may designate by notice given in writing. Any such notice may be delivered personally or by first class pre-paid letter (or by air-mail if overseas) or email, and shall be deemed to have been served, if by hand, when delivered; if by first class post, 48 hours after posting; (if by air-mail, 5 days from the date of posting), if by email, when successfully transmitted in full.
g) Governing law and jurisdiction: These Terms shall be governed by and construed in accordance with English law. Any disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.