ISSUED BY MOBILE GAMING STUDIOS LTD (Trading As “EIGHT PIXELS SQUARE”)
Last updated: 10/01/2020
- These are the terms and conditions (the “T&Cs”) Eight Pixels Square (“we”, “us”, “our”, “Eight Pixels Square”) use to govern the websites, games (“Games”), software, and applications we make available to you (together, the “Services”). We’ve tried to keep them as short as possible, to help you understand how you can use the Services.
- If you are under the age of 18 (or, if higher, the age of legal capacity in the territory in which you are resident), you must have your parent or legal guardian's consent to use the Services, and your parent or legal guardian must agree to these T&Cs on your behalf.
- If you don‘t want to or cannot agree to these T&Cs, then you must not use the Services or buy (where applicable), subscribe to, download, use or play the Games or any part of them. By using the Services or buying (where applicable), downloading, installing, updating, subscribing to or playing the Games, or by clicking ‘accept’, ‘start’ or similar (where applicable on the login, registration or start screen as we may make available to you), you are agreeing to these T&Cs.
- Where applicable, the Stores may allow you to get a refund in respect of or in connection with a Service, in some cases. You should contact the Store through which you made a purchase, where applicable, in the event that you desire a refund.
- Please be aware that these T&Cs do not govern your use of other third party content such as third party websites, games, software and applications that we do not control.
- These T&Cs are a legal agreement between us and you, so please read them carefully.
- These T&Cs describe how you are permitted to use the Services.
- If you breach or do not follow these T&Cs, we may stop you from using the Services, contact you regarding your use of the Services or exercise other remedies that we have available to us at law or in equity.
- To the extent permitted by applicable law, each Service is provided on an ‘as is’ basis and we make no (and hereby disclaim any and all) representations and warranties with respect to it (but subject to Clause 10 below).
- These T&Cs may change from time to time. Please check back with us periodically to make sure that you're aware of the latest version.
- WHAT YOU CAN DO
As long as you follow the rest of the terms and conditions in these T&Cs, you can use the Service and use Service-related upgrades, updates (and additional Game-related content) which we may make available from time to time (although we are not obliged to provide upgrades, updates and additional Game-related content). We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use the relevant Service for your personal, non-commercial use in accordance with these T&Cs (the “Service License”). We do not grant you ownership of any part of the Services themselves and we do not grant you a right to use the Services for commercial purposes or to sub-license, assign or otherwise transfer the Service License to any other party.
- WHAT YOU CANNOT DO
- We use commercially reasonable endeavours to protect our Services and our users, and it is important that the Services are not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all actions available to us with respect to any conduct that violates the terms or spirit of these T&Cs.
- The following sets out some of the things that you cannot do with the Services:
- do not share, rent, resell, or make available copies of any part of the Services (or any ‘hacked’ versions) or otherwise use the Services commercially in any way (except as expressly permitted by law which cannot be excluded by these T&Cs);
- do not cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, use ‘bots’ or auto-clickers or other cheating third party software, or otherwise use our Service in a way which is not within the spirit intended by our T&Cs or in a way which may harm the experience of other users of the Services;
- do not engage in deceptive, fraudulent or misleading practices, including phishing for other users’ account details or unauthorised use of another user’s account or another person’s credit card or billing information;
- do not modify or adapt the Services or hack, attempt to hack, modify, adapt, merge, translate, creative derivative works from the Services, mimic, disable the Services or tamper with them;
- do not remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Services;
- do not create software which mimics any data or functionality in the Services;
- do not make public or commercial use, by any means, of the Services, products or services without our prior written consent;
- do not provide hyperlinks to, or other forms of links to, our products and services for obtaining profit or other commercial gain without our express prior written consent;
- do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services;
- where applicable, do not share any password or security information you use to access the Services with any other person (where applicable);
- do not delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trade mark notices or other legal lines or credits) notices in our Services;
- do not do anything (or attempt to do anything) which might disrupt use of the Services by us or other users, or which could threaten, harass or upset other users of the Services;
- do not use or process the Services or any part of them unfairly or for any illegal or immoral purpose; and
- do not make anything available on or through the Services that violates the rights of third parties (including without limitation their intellectual property or privacy rights).
- We may make codes of conduct and usage rules and guidance available to you, which may provide additional rules and guidance about your use of our Services. We require that you comply with these rules so that we can properly operate our Services and to ensure that our users have a safe and fair experience. To the extent of ambiguity or conflict between a code of conduct and these T&Cs, these T&Cs prevail.
- Please make sure you read these T&Cs carefully and understand them. If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
- Please be aware that, if you breach these T&Cs, we reserve our right to suspend, terminate or otherwise take under review your licenses granted hereunder.
- THIRD PARTY Content in our Game and website
- The Services may include third party website links and other third party materials such as posts, comments, videos, images and other content such as other user-generated content. We are not responsible for this content. We may moderate or otherwise check such content in some instances, but we are not required to do so. Depending upon the particular Service and the content involved, we may be solely a mere conduit for the transmission, storage and retrieval of the relevant content. In other words, we may not review content for its legality, tastefulness or its compliance with these T&Cs.
- We may rely upon a reporting system whereby players and users can report third party or user-generated content to us, such as because it is illegal content or it is content which breaches these T&Cs. A reporting mechanism may be made available for these purposes in the relevant Service.
- Where we provide the functionality for you to upload any content, including any user generated content, to our Services such as, without limitation, posts, photos, videos, images, voice communications, text and other communications, comments or other content or files, you agree and undertake that the content:
- is lawful and will not give rise to any actual or possible civil or criminal liability for you or for us and does not promote any unlawful or illegal activity (including without limitation in respect of the territory and local laws applicable where you may upload such content);
- does not infringe the rights of any third party, including without limitation their intellectual property or privacy rights;
- does not include any virus, worm, logic bomb, bug or any other form of malicious or technically harmful data, code, link or information;
- is not violent, threatening, abusive, pornographic, defamatory, discriminatory, racist, sexual, religiously offensive, obscene or offensive or otherwise morally objectionable (in our reasonable opinion). Where applicable, we may alter or delete an online ID, account name or user name (including the corresponding user account) and any other user content if we consider that online ID, account name, user name or content to be in breach of any of the foregoing;
- does not harass or defame any person or organisation;
- does not take any action that we consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming or otherwise transmitting unsolicited or unauthorised material, including junk mails, spam, excessive messages or chain letters;
- does not seek to or attempt to organise hate groups or use or promote hate speech;
- does not commercially market or promote any third party, product or organisation;
- does not seek to or attempt to make any arrangement to meet a child under the age of eighteen (18);
- does not contain any restricted or security related content such as the passwords, medical information or confidential information of any person; and
- does not solicit, encourage, invite, advocate, request or provoke directly or indirectly any of the foregoing or any illegal activity or breach of these T&Cs.
- PURCHASABLE CONTENT AND VIRTUAL ITEMS
- In a Game you may, where we make this available, purchase a license to use certain virtual items, including but not limited to virtual goods, services, virtual coins, tokens, or points, all for use on or in the Game (“Virtual Items”).
- Virtual Items are licensed, not sold, to you. On purchase, you are granted a limited, revocable, non-transferable, non-exclusive license to use the Virtual Items for your personal, non-commercial entertainment purposesin the relevant Game only. Upon your first receipt or use of any Virtual Item, the transaction is complete and non-refundable from us (subject to your statutory rights, as applicable).
- We may keep records of transactions and purchases in order to deal with any subsequent queries, and for our accounting purposes. We are not a party to purchases you make from a platform or Store.
- Where applicable, Virtual Items may be licensed to you when you make a purchase using funds in your in-Game account, or directly from platforms / Stores. Any attempt to obtain Virtual Items outside of the Services is prohibited.
- We may modify, regulate or remove Virtual Items without notice and at our discretion. Virtual Items have no real-world value or application outside of the relevant Game, and must not be sold, traded, transferred or redeemed for real-money or items of value. You do not have any ownership or property in the Virtual Items other than the limited license described in these T&Cs, and you are not entitled to any refund, benefit, or other compensation for the loss of any Virtual Items other than as expressly set out in these T&Cs.
- Trading any Virtual Items is prohibited except where we may make this functionality available to you on our Game. You will not make available any cheats, technological measures, or other methods designed to enable or encourage any collection, selling, or trading of Virtual Items. You may not create or participate in any exploitation of price differences of Virtual Items by any means.
- SUBSCRIPTIONS AND THEIR AUTO-RENEWAL
- Some of our Services may offer you a subscription membership service (a “subscription"), through which you may receive access to certain additional or premium content or other services, such as (without limitation) Virtual Items for a Game (“Subscription Content”). The subscription membership fee will be as communicated to you at the point of sale (together with any applicable taxes) (“Subscription Fee”). Depending upon your membership type, your Subscription Fee would be due monthly or annually and is payable in advance. A change or upgrade in your membership may result in a new billing date. We reserve the right to increase the Subscription Fees from time to time upon prior reasonable notice to you (not less than 21 days).
- In consideration of your Subscription Fee you are granted a license to access and use the Subscription Content on the basis set out in Clause 3 and as part of the Service License. Your license and access to the Subscription Content is conditional on you paying the Subscription Fee on an ongoing basis, unless otherwise expressly notified to you in the Service.
- Your subscription will be billed automatically at the start of the relevant billing period and will auto-renew until cancellation. We shall automatically bill you for the applicable Subscription Fee using your recorded payment method. Please note that change or invalidity of payment method does not cancel your subscription. To cancel your subscription, see clause 4 below. In the event you choose to cancel your subscription, we will not refund you except where required by law or in accordance with clause 15. However, you will retain full use of the subscription until the end of the applicable billing period.
- The relevant Store which is related to your subscription may permit you to cancel your subscription in your account details with the Store. For some of our Services we may also provide you with an in-Service means of cancelling your subscription within that particular Service, such as in the account settings menu. In all cases, you can request assistance with cancelling your subscription by emailing us at email@example.com.
- We may occasionally offer free or reduced subscription trials to customers (without any obligation to do so). Please be aware that we may automatically renew your subscription on a fully billed basis at the end of the free or reduced period, in accordance with the information made available to you at the point of sale for the offer. However, no subscription charges will be made during the period of any free subscription offer.
- COOLING-OFF RIGHT
Where you purchase from a Store or platform, the Store or platform may allow you to get a refund in respect of or in connection with a Service, in some cases. You should contact the Store or platform through which you made a purchase, where applicable, in the event that you desire a refund. If you purchase from us, you are entitled to cancel purchases of virtual items and digital content you make within 14 days, and to receive a full refund (your "Cooling-Off Right"). However, you agree that if we begin to supply you with the virtual items or digital content before the end of that period, then you will no longer be entitled to change your mind about the purchase. If you wish to exercise your Cooling-Off Right you can contact us by email or post using the following form:
To: Eight Pixels Square
Derby West Business Centre
I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], ordered on [INSERT DATE].
From: [YOUR NAME]
[YOUR EMAIL / TELEPHONE (optional)]
- Some of our Services may be supported by advertising and marketing. Depending on the Service, we may include third party advertising and marketing to support the service (for example, so that we can offer you the Service without an initial charge).
- We may work with third party advertising agencies in relation to the serving of advertisements and marketing in our Services. We do not moderate or control, and we are not responsible for, the content (including without limitation the morality, appropriateness or legality) of that advertising and marketing.
- If you have concerns about advertising or marketing that you have seen in our Services, you can let us know by emailing us at the contact email address set out in Clause 17
- OUR LIABILITY
- Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that notwithstanding any other terms in these T&Cs:
- our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
- if a paid-for Service (such as a paid-for Virtual Item) is faulty when we deliver it to you, we will try to repair or replace it;
- if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid to use the Service (where applicable); and
- if, as a result of the fault, the Service damages your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
- Other than as mentioned above, our overall liability to you is limited to the price you paid to use the relevant Service or, where no price was paid, £10.
- The Services, along with any updates, upgrades and any additional content, are provided “as is”. That means we don’t make any promises to you about the Services other than that they will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about the Services.
- We’ll use reasonable skill and care to provide the relevant Service, but can’t guarantee there won’t be any errors, bugs or interruptions, or that our Service will not cause any problems with your device.
- If we release a version of a Service which is not yet complete, because we want to give you early access, then you’ll need to bear in mind that it may have some errors, bugs or interruptions.
- Please do let us know straight away if you discover any problems with a Service, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with a Service by contacting us at the contact email address set out in Clause 17 below.
- Any views expressed in the Services are the views of the authors and not of us, unless we expressly specify otherwise.
- Please take care when disclosing any information about yourself on or through our Services. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information you choose to provide to other users, where our Services include facilities for you to interact with others. We strongly recommend that you exercise caution, act sensibly and do not disclose any information which you do not wish to have disseminated into the wider public internet. Any disclosures of your information by you to other users are made by you at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.
- INTELLECTUAL PROPERTY
- All intellectual property rights in the Services, throughout the world, belong to us and our licensors, and the rights in the relevant Services are granted to you by way of a limited license (and are not sold) to you. You have no intellectual property rights in, or to, the Service other than the right to use the relevant Service in accordance with these T&Cs on the applicable platform / Store and device. Except as otherwise expressly provided in these T&Cs, all rights are reserved by us and our licensors.
- The Service and our websites, products and services may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, teams, clubs, places, stadia, venues, companies and competitions or other real-world references. Such intellectual property is the property of the respective owner and we do not represent that we have a connection or any arrangement with such owner. We may make limited use of this intellectual property or reference for, for example, the purposes of providing information and/or to identify real-world facts in an honest and fair way or as otherwise permitted in accordance with applicable law.
- STORE TERMS
- The ways in which you can use the Service may also be controlled by the relevant Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of these T&Cs and the relevant Store’s terms from which you used, subscribed to, accessed, purchased (where applicable) or installed the Services, the Store’s terms shall prevail to the extent of the conflict.
- Where applicable, by downloading an app from, or using it in connection with, the Google Play store, you acknowledge that you have reviewed and accepted the Google Play Terms of Service (available online here: https://play.google.com/intl/en-GB_uk/about/play-terms.html) and Google Play Terms of Business (available here: https://play.google.com/intl/en-GB_uk/about/device-terms.html).
- The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent of in respect of using the iOS versions of our Games:
- You, and Eight Pixels Square, acknowledge that these T&Cs are concluded between you and Eight Pixels Square only, and not with Apple Inc. (“Apple”), nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that we are solely responsible for the Game and the content therein.
- Subject to your compliance with all conditions of these T&Cs we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the relevant Game for your personal, non-commercial use for gameplay on the compatible iOS product which you own or control, and as permitted by the usage terms and conditions set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support)).
- We are solely responsible for providing support and maintenance for the Game. You and Eight Pixels Square acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
- You acknowledge that Eight Pixels Square, and not Apple, is responsible for addressing any claims you may have relating to the Game or your possession and/or use of the Game, including but not limited to:
- product liability claims;
- any claim that the Game fails to confirm to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
- You acknowledge that in the event of a third party claim that the Game or your possession and use of the Game infringes that third party's intellectual property rights, then Eight Pixels Square shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
- You confirm that:
- you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and
- you are not listed on any US Government list of prohibited or restricted parties.
- You acknowledge and agree that Apple are third party beneficiaries of these T&Cs, and that when you accept the terms and conditions of these T&Cs, Apple will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.
- OPERATING SYSTEM AND DEVICE REQUIREMENTS
An internet connection may be required to access some Services or some functionality relating to the Services. A Store account is required when accessing content through the Store.
- TERMINATION AND SERVICE OUTAGE
- We may temporarily discontinue the Services, Virtual Items and/or any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
- We may remove, restrict, cancel or suspend your access to and use of the Service and/or any part of it at any time in the event that you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for a Service (e.g. for Virtual Items, content or services in connection with a Game) and your rights have been terminated in accordance with this clause because of your breach of these T&Cs, we will not refund you.
- We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of a particular Service or any part of it (such as a Virtual Item). If your use of the Service (including without limitation the Virtual Items therein) was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the Service (e.g. for Virtual Items, content or services in connection with a Game), you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (for example, where you have had access to the paid-for Virtual Items for over six (6) months in a Game). Where you have not had a reasonable period of opportunity to enjoy the paid-for Service, we may offer you a partial or full refund.
- Upon termination of your account or profile for any reason, any in- Service or website rankings or scores, Virtual Items, including virtual currency balances (whether earned or purchased), or scores or information in connection with the Service may not be retained or accessible. These may not be recoverable by us once they are deleted or made inaccessible.
- These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.
- We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don’t use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the Service that rely on our ongoing online services then the new T&Cs will apply. Please check back here from time to time in case of updates to the T&Cs.
- We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.
- Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.
- Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- The European Commission provides a platform for online dispute resolution which can be found at: https://ec.europa.eu/consumers/odr. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an Alternative Dispute Resolution Service.
- These T&Cs are governed by English law and you can bring proceedings in respect of the relevant Service or these T&Cs in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the relevant Service in either the Scottish or the English courts.
- COMPANY AND CONTACT INFORMATION
In these T&Cs, “we”, “us” and “our” refers to:
MOBILE GAMING STUDIOS LTD (Trading As “EIGHT PIXELS SQUARE”)
Derby West Business Centre
Company registration number: 08324771
VAT number: 327 5950 80
For all technical issues, questions, comments and enquiries contact us at firstname.lastname@example.org.