Terms and conditions of business
1. THESE TERMS
Why you should read them. Please read these Terms carefully before you access or install any of the Services. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. By accessing or installing any of the Services You accept and agree to be bound by these licence Terms. If you do not agree to these Terms then do not access or use the Services.
You must be 18 to accept these terms. These Terms for a legally binding contract between You and us. You must be over 18 years of age (or have reached the age of majority if that is not 18 years of age where you reside) to accept these terms or that you have reviewed these Terms with your parent or guardian and he or she accepts these Terms on your behalf and takes full responsibility for your compliance with them.
Please keep a copy of these Terms for further reference. These Terms may change for legal, regulatory or security reasons or any other reason by giving You notice by email or via updates or posting on our website or by asking You to re-confirm Your acceptance of the Terms. Your continued use of our app (s), website or any other aspect of the Services will be deemed Your acceptance of the amended Terms.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Viewpoint Games Limited a limited company registered in England and Wales. Our company registration number is 09141996 and our registered office is at Althorpe Enterprise Hub, Althorpe Street, Leamington Spa, Warwickshire, CV31 2GB. Our registered VAT number is GB225875779.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01926 350147 or by writing to us at Althorpe Enterprise Hub, Althorpe Street, Leamington Spa, Warwickshire, CV31 2GB.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3. YOUR LEGAL OBLIGATIONS AND TERM
3.1 Term Period. These Terms apply to Your use of the Services at all times, and shall also govern Your use of the Services from the date that you first download or purchase the Services and shall continue until You delete the Services or either You cancel Your account or we terminate this licence.
3.2 You confirm that:
all information and details provided by You are true, accurate and up to date. The rights granted under these Terms are personal to You and You must not make the Services available to anyone else;
You will comply with the Code of Conduct relating to Your use of the Services and/or Gaming Items as set out in Section 5 and 6 below, and You will comply with any other restrictions set out elsewhere in these Terms;
You agree to compensate us where we pay damages or incur any other loss or expenses (including any legal fees in relation to such claim or damages) following any claim made by a third party in respect of any matter in relation to or arising from Your use of the Services and/or our services including any breach of these Terms or Your violation of any law or the rights of a third party.
If we take legal action against You for non-payment or any other breach of these Terms and a court makes an award in our favour, You will be responsible for all costs allowable by the courts.
4. YOUR ACCOUNT/USE OF THE SERVICES
4.1 Untrue information. If any information You provide in connection with the account (“Your Account”) created to use certain Services is untrue, inaccurate, out-of-date or incomplete then we reserve the right to refuse Your current and future use of the app and/or Gaming Items and in such event the licence granted to You under these Terms will be suspended and/or terminated.
4.2 Identity of Your Account. We do not have the means to check the identities of people using the Services, including our apps and we will not be liable where Your Account is used by someone else. You agree to notify the platform operator (e.g. Apple/Amazon/Google) immediately ifa you become aware of any unauthorised use of Your Account.
4.3 Removal of Content. We reserve the right to remove any content or Gaming Items from any of the Services at our sole discretion.
5. CODE OF CONDUCT AND YOUR USE OF THE APP
5.1 You agree that in using the Services or any part thereof You will not:
(a) use the Services for any purpose other than for Your personal use;
(b) reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services or any portion thereof;
(c) access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Services security measures;
(d) partake in any behaviour that We deem inappropriate and disruptive, or against the tone and nature of the Services (where user-generated content or an online community exists);
(e) harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation or religion (where user-generated content or an online community exists); organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be objectionable and/or inappropriate (where user-generated content or an online community exists);
(f) use abusive, offensive, or defamatory screen names and/or personas, whether created through Services or through Third Party Services connected to Services such as but not limited to ‘Game Center’, ‘Google’, ‘Facebook’ or ‘Twitter’;
(g) impersonate any other person, or indicate falsely that You are an employee or a representative of our or any of our partners or affiliates;
(h) promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit or legitimate Gaming Items;
(i) upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt the Services or any Gaming Items;
(j) improperly use any support or complaint buttons or make false or bogus reports to us; and
5.2 Chat rooms and/or forums. Where the Services functionality permits it, post or communicate any person’s ‘real world’ personal information using the Services or any chat rooms or forums. You will obey all local laws, regulations and rules that apply to Your activities when You use the Services.
5.3 Right to access online activity. We reserve the right to access, monitor and/or record any online activity within the Services and You give us Your express consent to access and record Your activities.
5.4 Breach of rules of conduct. Any breach or potential breach of any of the above rules of conduct shall be determined by us at our sole discretion.
5.5 No Liability. Subject to section 3 We have no liability for any loss or damage caused by Your or any third party’s violation of the rules of conduct set out in this section 5.
6. USER GENERATED CONTENT (“UGC”)
6.1 Information Communicated. All remarks, suggestions, ideas, graphics, or other information communicated, posted or uploaded by You to the Services shall forever be our property. We shall have exclusive ownership of all present and future existing rights to the UGC of every kind and nature, everywhere.
6.2 Use of UGC. We shall be entitled to use Your UGC for any purpose whatsoever, without compensation to You or any other person submitting the UGC.
6.3 Your responsibility of UGC. You acknowledge that You are responsible for whatever material You submit, and You have full responsibility for the UGC, including its legality, reliability, appropriateness, originality, and copyright. You agree that we shall not under any circumstances be liable for any UGC.
6.4 Third Party Risks We, or third parties engaged by Us, may monitor and/or moderate UGC but we do not guarantee the accuracy, quality, or integrity of any UGC posted via the app, website or any part of the Services. By using the app and/or our website and/or any other part of the Services, You acknowledge and accept that You may be exposed to material You find offensive or objectionable.
6.5 Rights Reserved. We reserve the right to remove and permanently delete any UGC from the app and/or our website and/or any other part of the Services with or without notice.
7. GAMING ITEMS
7.1 Payments. All payments made through the Services are made in advance and are non-refundable, to the extent permitted by law.
7.3 Refunds or Compensation. You acknowledge that we are not required to provide a refund for any reason, and that you will not receive money or tother compensation for unused Gaming Items if we stop the use and access to the Services or app and if your account is closed (whether closure was voluntary or involuntary).
7.2 Purchases. When purchasing Gaming Items, Your order will represent an offer to purchase the relevant product(s) which shall be accepted by Us (or our third party operators) when the Gaming Items are made available in Your Account for You to use in the App or any other Services or take payment for the Gaming Item, whichever comes first.
7.3 Licence. By purchasing or otherwise acquiring Gaming Items You obtain a non-exclusive, non-transferable limited licence to access such Gaming Items that We expressly make available as part of the Services, and you agree that You have no rights of ownership over such Gaming Items.
7.4 Use of Service. The provision of Gaming Items for use in the app or any other Services is a service provided by Us or authorised third parties, that commences immediately upon acceptance of Your purchase. By ordering Gaming Items You agree to and accept the applicable payment terms of the platform operator.
7.5 No monetary Value for Gaming Items. The Gaming Items have no monetary value and do not constitute currency or property of any type. “Coins” and “Gold” may only be redeemed for other Gaming Items within the app or other Services as applicable. Gaming Items cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services, except for other Gaming Items provided for within the appropriate app or other Services. You are not entitled to a refund for any unused Gaming Items.
8 OUR RESPONSIBILITY AND LIMITS ON LIABILITY
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
8.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
8.4 We are not liable for business losses. The app and Services are for domestic and private use. If you use the app and Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.5 Limitations to the App and the Services. The app and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the app or the Service. Although we make reasonable efforts to update the information provided by the app and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
8.6 Please back-up content and data used with the app. We recommend that you back up any content and data used in connection with the app, to protect yourself in case of problems with the app or the Service.
8.7 Check that the app and the Services are suitable for you. The app and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the app and the Services (as described on the appstore site and in the documentation) meet your requirements.
8.8 We are not responsible for events outside our control. If our provision of the Services or support for the app or the Services is delayed by an event outside our reasonable control including but not limited to fire, flood, storm, riot, civil disturbance, strikes or other industrial action, war, nuclear accident, terrorist activity and acts of God then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received. You acknowledge that there is no right to cancel once you have installed the app or other Services as appropriate.
8.9 We do not make any representation or give any guarantee (whether express or implied) in respect of the Services. This includes, without limitation, any advice given to You (on a personal or general basis). Nothing in this Section 4 shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).
8.10 Our liability. Our liability in tort, contract, negligence, non-fraudulent pre-contractual or other representations, or otherwise arising out of or in connection with these Terms and/ or in connection with the Services shall be limited in aggregate to the sum paid by You to us in the one year period prior to any claim issued by You.
9. OUR RIGHTS TO MAKE CHANGES
9.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
9.2 Updates to digital content. From time to time we may automatically update or require you to update digital content and change the Services to improve performance, enhance functionality, or address security issues. . You agree that we may automatically download and install updates, upgrades and additional features that we deem beneficial to You and/or reasonably necessary. If You choose not to install such updates You may not be able to continue using the Services. These Terms shall apply to any updates and/or additional features that are not distributed with a separate licence or other agreement.
10. DATA PROTECTION AND YOUR PRIVACY
10.2 Data Protection. We are registered as a data controller for the purposes of the Data Protection Act 1998. If You have any concerns about how we use Your personal data please contact email@example.com
11. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Services, all content appearing within the Services throughout the world belong to us or our affiliates, subsidiaries, licensors or suppliers and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to app, the documentation or the Services other than the right to use them in accordance with these Terms. By content, we mean the software, video, audio, music, text, characters, communications, images, sounds and all material and information included within the App and any related services.
Any use by You of any of Our intellectual property other than as permitted under these Terms may only be undertaken with our prior express written authorisation.
12. OUR RIGHTS TO END THE CONTRACT
12.1 We may end the contract if you break it. We may suspend, restrict or terminate your access to the app, website and/or any other part of the Services at any time by contacting you and consequently suspend or terminate the licence granted to Your under these Terms if:
You breach or have broken any of the restrictions or provisions in these Terms;
For reasons of a system failure, maintenance or repair or due to events beyond our reasonable control in accordance with section 4.8; and or
We decide to withdraw the app, website or any other part of the Services from the market for any reason in our sole discretion.
12.2 Ending your rights. We may end your rights to use the app and services at any time by contacting you in writing by email or within the app, website or other part of the Services as appropriate. If you do not consent to receiving notices electronically You must stop using the app, website and the Services.
If we end your rights to use the app and Services:
You must stop all activities authorised by these Terms, including your use of the app and any Services.
You must delete or remove the app from all devices in your possession and immediately destroy all copies of the app which you have and confirm to us that you have done this.
We may remotely access your devices and remove the app from them and cease providing you with access to the Services.
12.3 Termination. Upon termination the rights and the licence granted herein will terminate and you must cease all use of the website, app and/or Services.
13. IF THERE IS A PROBLEM WITH THE PRODUCT
13.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team or write to us at the postal address as set out on our website .
14 OTHER IMPORTANT TERMS
14.1 Which laws apply to this contract and where you may bring legal proceedings. In the event of any dispute between You and us concerning these Terms, are governed by laws of England and Wales and if You wish to bring legal proceedings You must do so within the England and Wales.
14.2 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.