1 About these terms
1.1 These terms create a legal agreement between you (“ you” or “ your”) and , (“we”, “us” or “our”) in relation to our games that are made available via the Apple App Store, Google Play Store, on Amazon Kindle, the Windows Store and/or on Facebook (the “Game” or “Games”), our website (the “Website”) and any related services (together with the Games and Website, the “Services”). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy (see paragraph 10 below).1.2 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.1.3 You can access these terms at any time . We can make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our Services shall confirm your acceptance of the updated terms. 2 About accessing and using our Services
2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 We have the right to withdraw or modify one or more of our Games or any other part of our Services (in whole or in part) without liability to you from time to time:
for technical reasons (such as technical difficulties experienced by us or on the internet);
to allow us to improve user experience;
where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Games or Services);
because it no longer makes business sense for us to provide the relevant Game or Service; or
because we have altered the services we provide.
2.4 There may also be times when our Services or any part of our Services is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
2.5 Paying for items on our Website
The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card, debit card, and Paypal only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.
3 Accounts
3.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret.
You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
3.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.4 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.5 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).
4 Virtual Goods and Virtual Money
4.1 Our Games may include virtual currencies such as coins, gems, gold coins and points (“ Virtual Money”) or items or services for use with our Games (“ Virtual Goods”). You can buy Virtual Money from us for real money if you are at least 18 years old. If you are over 18 years old you may also be able to buy Virtual Goods for real money and/or other credits. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
4.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Goods or Virtual Money does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
4.4 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
4.5 Without limiting paragraph 3.5, if we suspend or terminate your account in accordance with paragraph 7 of these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
5 User conduct and content
5.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
5.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
that is or could reasonably be viewed as invasive of another’s privacy;
that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
which infringes any intellectual property right or other proprietary right of others;
which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree that you will not:
use our Services to harm anyone or to cause offence to or harass any person;
create more than one account per platform to access our Services;
use another person or entity’s email address in order to sign up to use our Services;
use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
disguise, anonymise or hide your IP address or the source of any Content that you may upload;
use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
interfere with or disrupt our Services or servers or networks that provide our Services;
attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Money or Virtual Goods;
disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real time exchanges;
disobey any requirements or regulations of any network connected to our Services;
use our Services in violation of any applicable law or regulation;
use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
use our Services in any other way not permitted by these terms.
Users of our Services may be automatically assigned a profile which is visible to other users of our Services, some of whom may be visible to you on the progression map, leaderboards or similar features in our Games. Your profile may include the Social Data described above, game achievements or other game play information and details of which other account holders have viewed your profile.
6 For how long will we retain your information?
6.1 We will retain your Personal Information for as long as is necessary to fulfil the purposes for which it was collected or as needed to provide you with Services. We may retain your Personal Information after you have closed any account you have with us or after we have stopped providing Services to you if retention of your Personal Information is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes between members, prevent fraud, cheating or abuse, or enforce this Privacy Policy or any other agreement we may have with a user.
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