Terms of Service / Terms and Conditions

 

 

The terms of this agreement (“Terms of Service”) govern the relationship between you, on the one hand, and All 4 Games Ltd., registered company SC563751 and governed by the laws of Scotland, registered at Henderson Loggie, 34 Melville Street, Edinburgh, EH3 7HA, United Kingdom, and their affiliates (hereinafter “All 4 Games”, “us”, “we”, “our” ), on the other hand, regarding your use of All 4 Games’ games, including, but not limited to,  downloadable applications, websites and related services (the “Service”). By accessing or using our website or our games, regardless of the sort of device you are using to access them eg whether you are using a computer, laptop, mobile phone, smart phone, tablet, games console or any other device, you agree to be bound by these Terms of Use.

 

In using the Service, you may be required to provide All 4 Games with certain personally identifiable information, retention and use of which are subject to All 4 Games’ Privacy Policy (the “Privacy Policy”), and Cookie Policy (“Cookie Policy”) which are incorporated herein by reference and can be found at https://indiechampions.com/privacy/ and https://indiechampions.com/cookies/. Each of these policies forms part of these Terms of Use (collectively the “Game Terms”). Additional terms may also apply to some of our digital products and services and these will be made clear to you at the relevant page or point of access. When using any of our games (“the Game”, or “a Game”) these terms apply to your use of the Game in addition to any applicable terms and conditions and privacy policies (including any EULAs) of the relevant app store provider(s) from whom you downloaded the Game (the “App Store Provider”) which also apply. By playing the Game you are confirming to us that you have read the Game Terms and that you agree to be bound by them. You also acknowledge that that the App Store Provider is not a party to the Game Terms and that the Game Terms are concluded between you and us only.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. INSTALLATION, USE OR ACCESS OF THE SERVICE SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND/OR PRIVACY POLICY, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE.

 

If you are a consumer who resides in the European Union, you have the right to cancel your installation, use or access to the Service without charge before doing so. However, you will lose such right to cancel once you download, access or use the Service. This does not affect your consumer rights where the Service is defective. In the United Kingdom you can obtain advice on your legal rights as a consumer from your local citizen’s advice bureau or trading standards office.

 

 

1. CONTACT US

 

If you have any questions about our games or services or would like to report a problem or make a complaint or claim in relation to our games or services or anything contained within our games or services, please email us at [email protected]

 

2. AGE LIMITS

 

The Game is intended for users aged 16 and over. If you are under 16 years of age, please do not play the Game. If you are under 18 we recommend that you read the Game Terms with your parents or guardians to make sure that you understand the Game Terms and that your parents or guardians are happy for you to use the Game. By playing the Game, you are confirming to us that you are at least 16 years of age. We may terminate your ability to play the Game without warning if we have any reason to believe that you are under 16 years of age.

 

3. IN-APP PURCHASES

 

3.1 The Game may include in-app purchases that allow you to buy things such as virtual currency, items, lives or boosters etc. to use within the Game (“In-App Purchases”). If it does, it will not be necessary to make any In App Purchases in order to play the Game. Whilst you cannot switch off In-App Purchases from being offered to you within the Game and there is no cap on the number of In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to play the Game (see paragraph 3.3 below for more on this). You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the Game.

 

3.2 If you are under 18 then you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.

 

3.3 More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider’s terms and conditions/EULA, in your device’s help settings or online. If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.

 

3.4 In App Purchases can only be consumed within the Game. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the Game, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.

 

3.5 If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorise the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly.

 

3.6 You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Game and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the App Store Provider directly.

 

4. ANALYTICS AND PERSONAL INFORMATION

 

4.1 To use and play the Game you do not need to register with All 4 Games or otherwise provide any personal information to us. However, in order to help us monitor, analyse and improve our digital products and services, the Game contains analytics software that allows us to collect anonymous statistical information about how the Game is used e.g. whether a particular task was completed or the number of times the Game has been accessed and things like that (“Metrics”). These Metrics will be associated with a completely anonymous unique identifier generated for your device that is created when the Metrics are first sent. These Metrics cannot be cross-referenced with any other information that can personally identify you. If your device is not connected to the Internet no Metrics will be sent to us.

 

4.2 The Metrics collected by our analytics software are completely anonymous and will never include any sensitive details. The Metrics are used only by All 4 Games or the trusted partners we work with.

 

4.3 In some games, you can switch off our analytics software within the “Options” (or similar) screen of the Game. If you switch off our analytics software, no Metrics will be sent to us.

 

4.4 By installing and using the Game, you are confirming to us that you consent to us collecting and using the Metrics described in this paragraph 4 (unless, of course, you have switched off our analytics software). If you (or your parent or guardian if you are under 18) have any further questions about the use of the analytics software in the Game and the information it collects, please contact All 4 Games as set out below.

 

4.5 This Game may use the Unity software game engine. Unity collects data from use of its software in the Game, which may include a unique identifier generated by your device, IP address, device manufacturer and model, operating system, browser type, location etc. Unity may transfer and process such data outside the European Economic Area. Please read Unity’s privacy policy for more information about the data Unity collects and how Unity uses it, to make sure you are comfortable with your data being used in this way. By downloading, installing and playing the Game you confirm that you have read and accepted Unity’s privacy policy; httpss://unity3d.com/legal/privacy-policy

 

4.6 Our Games may use Fyber to serve in-game advertising, which may be targeted advertising. Fyber and its associated partners may collect, retain, use and store data about your actions in the Game and about your device including, but not limited to, your device’s advertising identifier. More information about the data Fyber collects and how it is used is provided in Fyber’s privacy policy; httpss://www.fyber.com/legal/privacy-policy/. By downloading, installing and playing the Game you confirm that you have read and accepted Fyber and their associated partner’s privacy policies and you agree to them collecting and using your data in this way. You may be able to opt out of targeted advertising on your device by selecting to limit ad tracking (iOS) or opt-out of personalised ads (Android), please check your device operating system’s instructions for more information on how to do this.

 

4.7 To read more about what information All 4 Games collects and how we use, share and store it, see our Privacy Policy and Cookies Policy.

 

5. SOCIAL MEDIA FUNCTIONALITY, USER GENERATED CONTENT AND THIRD PARTY WEBSITES

 

5.1 It may be possible to link your social media account(s) to this Game. This will enable you to share your achievements in the Game with your friends who are also logged in and playing and also enable you to see their achievements. If you have a GameCenter account (or similar depending on the platform from which you downloaded the Game), your achievements will automatically be saved to your GameCenter (or similar) account.

 

5.2 The Game may contain social media “share” functionality that allows you to post to your social media channels such as your Facebook wall and/or your Twitter feed. This “share” functionality may contain pre-populated text that can be edited by you. You acknowledge and agree that you are fully responsible for the text that is included in any “shares” that you choose to make to your social media channels.

 

5.3 The Game may contain third party “cloud save” functionality, which allows you to save your progress in the Game so that you can transfer between multiple devices and resume playing the Game from where you last saved your progress. This is achieved by logging into the Game via a third party social media account, such as Facebook, and sharing a token with the cloud saving service provider.

 

5.4 We may also provide users with an opportunity to post comments and/or other user generated content within the Game. Your participation in and contribution to any such activity is subject to your compliance with any Community Guidelines that apply to the Game. All 4 Games has the right to remove any and all content in order to maintain a pleasant and constructive community tone in the Game.

 

5.5 You will own your user content and may continue to use it, but by posting or submitting this content to us, you allow us (and our third party partners) irrevocably to use your content in any media (including on television, online and in the Game) throughout the world at any time without further liability to you.

 

5.6 Where we do use your content, we also have the right to change or edit this. We might also show your name (and if available your photograph) with your contribution. If you would rather that we did not use your content, we would kindly ask that you do not post or otherwise submit any user content to us.

 

5.7 When you connect to our services from a social networking service, these Terms of Use will still apply although you need to be aware that the social networking service’s own terms of use (and privacy and cookie policies) may also apply.

 

5.8 Sometimes we provide links to websites and resources operated by third parties. We are not responsible or liable for anything that happens to you when you visit these third party websites and resources. These third party websites may have their own terms of use so you will need to be aware of these. Furthermore, unless stated otherwise, All 4 Games does not endorse any third party website to which it provides a link.

 

5.9 Sometimes, third party websites provide links to our services. This does not mean that we have any relationship with that website and you should be careful about assuming All 4 Games’ association or affiliation to anyone else, especially where the existence of that relationship has not been confirmed by us.

 

6. ADVERTISING

 

6.1 Please note that the Game may contain advertising and promotion of All 4 Game’s other products and services (e.g. other games that All 4 Games publishes) and also advertising and promotion of third party products and services. Please note that the third parties whose products and/or services are being advertised or promoted in the Game are responsible for the products and/or services they are promoting within the Game as well as for the content of the advertisements and promotions for those products and/or services that are included in the Game.

 

6.2 Clicking on any such advertising may take you out of the Game. Any personal information you provide any third party advertiser will be governed by the terms of their privacy policy.

 

6.3 Please see clause 4.6 above for information on advertising technology that may be used within the Game for the purposes of serving targeted in-game advertising.

 

7. LICENSED RIGHTS

 

7.1 The Game (and all content included in the Game) belongs to us and/or our licensors and is protected by intellectual property laws around the world. You do not own the Game or any content you purchase in connection with any In-App Purchases you make; the Game and any and all such content are licensed to you in accordance with these Game Terms.

 

7.2 You are only allowed to use and play the Game for your own personal non-commercial purposes in accordance with these Game Terms and the App Store Provider’s terms and conditions/EULA. You are not allowed to copy or distribute or transfer or (except as expressly set out in these Game Terms or as permitted by the Game’s functionality) communicate to the public the Game or any content within the Game or interfere with the normal operation of the Game (e.g. you are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from the Game or any updates or any part thereof). Notwithstanding these restrictions, any open source software components included in the Game will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.

 

8. MAINTENANCE, SUPPORT AND AVAILABILITY

 

8.1 We are solely responsible for the Game, including providing any maintenance and support for the Game. In no event will the App Store Provider from whose platform you downloaded the Game have any obligation to provide any such maintenance or support services with respect to the Game. Please report any problems you encounter with the Game to us via [email protected]

 

8.2 We don’t guarantee that the Game will always be available or will be updated. You understand that we may discontinue the Game or make changes to the Game at any time for any reason or no reason without notice or liability to you. If we plan to discontinue the Game, we will endeavour to notify you of the discontinuance of the Game reasonably in advance of the date on which such discontinuance takes effect.

 

8.3 You acknowledge that in no event will the App Store Provider be liable for any claim that the Game (or any of the content contained in the Game) fails to conform to any applicable legal or regulatory requirement.

 

8.4 The App Store Provider’s terms and conditions/EULA may also contain prohibitions on who can use and on the use of Licensed Applications which therefore apply to the Game so please make sure you read these carefully.

 

8.5 By accessing the Game, you represent and warrant that:

 

8.5.1 you are not 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; and

 

8.5.2 you are not listed on any U.S. Government list of prohibited or restricted parties.

 

9. INTELLECTUAL PROPERTY RIGHTS

 

9.1 All intellectual property rights in and to the Game and any and all features, content, materials and information made available via the Game (including any In-App Purchases) are owned by and shall remain owned by us or our licensors at all times.

 

9.2 We, and not the App Store Provider, will be solely responsible for addressing any intellectual property rights claims that you or any third party may have with respect to the Game or your possession or use of the Game.

 

10. LIABILITY FOR FREE GAMES

 

IF THE GAME IS MADE AVAILABLE TO YOU FOR FREE, YOU ACKNOWLEDGE THAT THE GAME IS PROVIDED “AS IS” AND “AS AVAILABLE” SAVE FOR IN RELATION TO ANY IN-APP PURCHASES MADE BY YOU VIA THE GAME, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT ARE HEREBY EXCLUDED.

 

WHILST WE WILL EXERCISE REASONABLE CARE AND SKILL TO ENSURE THAT THE GAME AND ITS CONTENT ARE VIRUS FREE, WE CANNOT GUARANTEE THIS. ACCORDINGLY, WE URGE YOU TO TAKE YOUR OWN PRECAUTIONS IN THIS REGARD (SUCH AS USING ANTI-VIRUS SOFTWARE). WE ACCEPT NO RESPONSIBILITY FOR ANY DAMAGE CAUSED TO YOUR DEVICE BY THE GAME UNLESS SUCH DAMAGE WAS CAUSED BY AN IN-APP PURCHASE MADE BY YOU VIA THE GAME.

 

11. LIABILITY FOR PURCHASED GAMES

 

11.1 IF YOU HAVE PURCHASED THE GAME AND THE GAME IS NOT OF SATISFACTORY QUALITY, FIT FOR PURPOSE OR AS DESCRIBED, YOU ARE ENTITLED TO:

 

11.1.1 REQUEST THAT WE, AT OUR OWN COST, REPAIR OR REPLACE THE GAME WITHIN A REASONABLE PERIOD OF TIME; OR

 

11.1.2 RECEIVE A REFUND OF AN AMOUNT UP TO THE PURCHASE PRICE OF THE GAME WHERE A REPAIR OR REPLACEMENT IS IMPOSSIBLE OR CANNOT BE DONE WITHIN A REASONABLE PERIOD OF TIME OR WITHOUT SIGNIFICANT INCONVENIENCE TO YOU.

 

11.2 WHILST WE WILL EXERCISE REASONABLE CARE AND SKILL TO ENSURE THAT THE GAME AND ITS CONTENT ARE VIRUS FREE, WE CANNOT GUARANTEE THIS. ACCORDINGLY, WE URGE YOU TO TAKE YOUR OWN PRECAUTIONS IN THIS REGARD (SUCH AS USING ANTI-VIRUS SOFTWARE). IF ANY DAMAGE IS CAUSED TO YOUR DEVICE BY THE GAME (OR ANY IN-APP PURCHASE MADE BY YOU), YOU ARE ENTITLED TO:

 

11.2.1 REQUEST THAT WE REPAIR THE DAMAGE WITHIN A REASONABLE PERIOD OF TIME; OR

 

11.2.2 RECEIVE COMPENSATION FROM US FOR THE DAMAGE CAUSED TO YOUR DEVICE.

 

12. LIABILITY FOR ALL GAMES

 

12.1 OTHER THAN AS EXPRESSLY SET OUT IN THESE GAME TERMS, NEITHER WE NOR ANY OF OUR SUBSIDIARY COMPANIES OR THIRD PARTY PARTNERS AND LICENSORS, INCLUDING THE APP STORE PROVIDER, ACCEPT ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT OR OTHER ACTION) FOR ANY CLAIMS, LOSS CAUSED BY YOUR USE OF THE GAME OR ANY IN-APP PURCHASES THAT DO NOT ARISE AS A RESULT OF A BREACH BY US OF THESE GAME TERMS AND ARE NOT REASONABLY FORESEEABLE AT THE TIME YOU ENTERED INTO THESE GAME TERMS. IN NO EVENT WILL WE OR OUR SUBSIDIARY COMPANIES OR THIRD PARTY PARTNERS AND LICENSORS BE LIABLE TO YOU FOR ANY LOSS OF PROFITS THAT MAY ARISE AS A RESULT OF YOUR USE OF THE GAME OR PURCHASE OF ANY IN-APP PURCHASES.

 

12.2 NOTHING IN THESE GAME TERMS EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE LIMITS ON LIABILITY ARE IN ADDITION TO THOSE SET OUT IN THE APP STORE PROVIDER’S TERMS AND CONDITIONS/ EULA.

 

12.3 Whilst we will take reasonable steps to ensure that our services are virus free, we cannot guarantee this. Accordingly, you must take your own precautions in this regard (such as using anti-virus software). We accept no responsibility for any infection by virus or any other contamination or by anything which might have a destructive property.

 

12.4 If you see any user content that you think is abusive, offensive, defamatory, infringes anyone’s privacy or is hurtful or disrespectful in any way, the best way to let us know by emailing us at [email protected]

 

13. CHANGES TO THESE GAME TERMS

 

Please note that we may change these Game Terms and/or any part thereof from time to time at our sole discretion. Any changes we make to these Game Terms will be applicable from the date they are published. You should review these Game Terms each time we make available an update to you to see whether they have been changed or updated.

 

14. GENERAL

 

14.1 If the Game is made available to you for purchase on the App Store Provider’s platform and you elect to purchase the Game, you acknowledge that your right to cancel that purchase shall be waived as soon as the download of the Game has been initiated.

 

14.2 You may uninstall the Game from your device at any time. Unless the Game contains cloud-saving functionality and you have utilised it, your progress in the game will not be saved if you re-install it.

 

14.3 Each provision of these Game Terms and each provision of the App Store Provider’s terms and conditions/ EULA shall be construed separately, applying and surviving even if for any reason any of such provisions are held inapplicable or unenforceable in any circumstances.

 

14.4 In the event that there is a conflict between these Game Terms and the App Store Provider’s terms and conditions/EULA, the App Store Provider’s terms and conditions/EULA (as applicable) shall prevail.

 

14.5 You acknowledge that these Game Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them. Notwithstanding the foregoing, you acknowledge and agree that the App Store Provider and each of its respective subsidiaries are third party beneficiaries of these Game Terms and therefore may enforce their respective rights under these Game Terms against you.

 

14.6 To the extent permitted by law, we do not accept any responsibility for anything contained in our services. To be clear, neither All 4 Games nor its subsidiary or associated companies accept any liability (whether based in contract, tort or other action) for any loss caused by your use of and reliance on any aspect of our services whether this is caused by All 4 Games or any third party. This exclusion of liability does not affect your statutory rights.

 

14.7 If any part of these Terms of Use is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted and the remaining parts of the Terms of Use will continue to be enforceable.

 

14.8 These Terms of Use do not create or infer any rights that are enforceable by any person who is not party to them.

 

14.9 The Game Terms (and any non-contractual matters of whatever nature arising in connection with the Game or these Game Terms) are governed by Scottish law and shall be subject to the non-exclusive jurisdiction of the Scottish courts. Any matters arising between you and the App Store Provider shall be as set out in the App Store Provider’s terms and conditions.

 

Last updated: 26 February 2018