Terms & Conditions

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CONTINUING TO USE THIS GAME YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, CLOSE THE GAME AND UNINSTALL THE GAME FROM YOUR DEVICE AND NO LICENCE SHALL BE GRANTED TO YOU IN RESPECT OF THE GAME

Who we are and what this agreement does

We - Flexion Mobile Limited, Registered address: 13 KENSINGTON SQUARELONDON, W8 5HD. Contact: +442073515944 / - distribute this Game through the Appstore through which you downloaded it. Flexion is not the developer of the game. The game itself remains the intellectual property of the developer of the relevant game (“Game Developer(s)”). We have a license to distribute the game through the appstore from which the game was installed (“Appstore”) and we are the merchant for any purchases made through the game if and when you decide to purchase items in the game. These terms govern your use of:

This mobile application software as distributed by us in the Appstore through which you downloaded the software, the data supplied with the software, (Game) and any updates or supplements to it.

The service you connect to via the Game and the content we provide to you through it (Service / Services).

APPSTORE’S and GAME DEVELOPER's terms also apply

Note that these terms of use and the privacy policy govern only your relationship with Flexion Mobile and the Game from which you have accessed these terms and policies.  You may find that additional privacy policies and terms of use specific to the game and/or the Appstore from which you downloaded the game also apply. Such terms may be displayed within the game, itself, on the Game Developer’s website or in the Appstore from which it was downloaded.

Your privacy

Some data is collected by us as part of your use of the Game. We only use any personal data we collect through your use of the Game and the Services in the ways set out in our privacy policy https://www.flexionmobile.com/privacy-policy.html

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Game or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

The ways in which you can use the Game may also be controlled by the Game Developer’s and Appstore's rules and policies. Those rules and policies will apply in addition.

Operating system requirements

This Game may have minimum hardware of software requirements. Such requirements may be available on the Game Developer’s website, through the Appstore through which you downloaded the game or through the game itself.

Support for the Game and how to tell us about problems

Support. If you want to learn more about the Game or the Service or have any problems using them please take a look at our support resources at  

Contacting us (including with complaints). If you think the Game or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at cs@flexionmobile.com.

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.

How you may use the Game, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

download or stream a copy of the Game onto one device and view, use and display the Game and the Service on such devices for your personal purposes only.  

use any Documentation to support your permitted use of the Game and the Service.

provided you comply with the "LICENCE RESTRICTIONS" (below), make up to 1 (one) copies of the Game for back-up purposes; and

receive and use any free supplementary software code or update of the Game incorporating "patches" and corrections of errors as we may provide to you.

You must be 18 to accept these terms

You must be 18 or over to accept these terms or have the bill payer’s permission to make a purchase through the Game or using the Services.  

You may not transfer the Game to someone else

We are giving you personally the right to use the Game and the Service as set out above "HOW YOU MAY USE THE GAME" (above). Whilst you may have sharing rights as set out above, you may not otherwise transfer the Game or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Game is installed, you must remove the Game from it.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by notifying you of a change when you next start the Game.

If you do not accept the notified changes you [may continue to use the Game and the Service in accordance with the existing terms but certain new features may not be available to you OR will not be permitted to continue to use the Game and the Service [and you may apply to the Appstore for a refund, which will reflect the period the Game and the Service have been available to you prior to cancellation].

Update to the Game and changes to the Service

From time to time we may automatically update the Game and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Game for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Game and the Services.

The Game will always match the description of it provided to you when you bought it.

If someone else owns the phone or device you are using

If you download or stream the Game onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the Game or any of the Services, you agree to us collecting and using technical information about the devices you use the Game on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We are not responsible for other websites you link to

The Game or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • except in the course of permitted sharing (see HOW YOU MAY USE THE GAME (above) not rent, lease, sub-license, loan, provide, or otherwise make available, the Game or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the Game except as part of the normal use of the Game or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Game, nor permit the Game or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Game and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Game or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Game to obtain the information necessary to create an independent program that can be operated with the Game or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

is not used to create any software that is substantially similar in its expression to the Game;

is kept secure; and

is used only for the Permitted Objective;

  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Game or any Service.

Acceptable use restrictions

You must:

  • not use the Game or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Game, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the Game or any Service[, including by the submission of any material] (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Game or any Service;
  • not use the Game or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the Game, the Services throughout the world belong to either our licensors (such as for instance the game’s developer, their licensors or integrated 3rd parties or to us and the rights in the Game and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Game or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

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.

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.

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.

We are not liable for business losses. The Game is for domestic and private use. If you use the Game 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.

Limitations to the Game. The Game is 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 Game or the Service. Although we make reasonable efforts to update the information provided by the Game and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the Game. We recommend that you back up any content and data used in connection with the Game, to protect yourself in case of problems with the Game or the Service.

Check that the Game and the Services are suitable for you. The Game and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Game (as described on the appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the Game or the Services is delayed by an event outside our control 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.

We may end your rights to use the Game and the Services if you break these terms

We may end your rights to use the Game and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Game and Services:

  • You must stop all activities authorised by these terms, including your use of the Game and any Services.
  • You must delete or remove the Game from all devices in your possession and immediately destroy all copies of the Game which you have and confirm to us that you have done this.

We may remotely access your devices and remove the Game from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

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