Terms & Conditions

The terms and conditions detailed herein govern the relationship between you and Fairplay Media (hereinafter ‘Fairplay Media’ or ‘Us’ or ‘We’) regarding your use of Fairplay Media’s mobile games and applications and all related services, which includes, but is not limited to, all mobile games and applications for mobile devices and any Fairplay Media websites (collectively ‘the Fairplay Media Service’). ‘Fairplay Media’ means Fairplay Media Limited, a company registered in England and Wales with company number 6211280 whose registered office is at Langards Lifford Hall, Lifford Lane, Kings Norton, Birmingham B30 3JN and shall include all subsidiaries and parent companies and other corporate entities under common ownership.

Your access to the Fairplay Media Service is subject to the following terms and conditions and by accessing the Fairplay Media Service you agree to be bound by the terms and conditions detailed below, which for the avoidance of doubt shall include the Fairplay Media Privacy Policy.

Your use of the Fairplay Media Service

Subject to your agreement and continued compliance with these terms and conditions and the limitations of use contained herein, Fairplay Media grants you a non-exclusive, non-transferable, revocable, limited licence to access and use the Fairplay Media Service solely for your own non-commercial entertainment purposes and you hereby agree not to use the Fairplay Media Service for any other purpose.

Account registration and ownership

When accessing the Fairplay Media Service, you may be required to register an account to fully benefit from all offerings under the Fairplay Media Service. When creating or updating such an account, you may be required to provide Fairplay Media with personal information including, but not limited to, your name, email address, date of birth, mobile number and payment information. You hereby agree that the information you provide Fairplay Media will be accurate and complete and that you will update it promptly after it changes. Any such information so obtained by Fairplay Media will be held in accordance with Fairplay Media’s Privacy Policy, which shall form part of these terms and conditions. As part of the account registration process you may be required to select a username and password for your account. You agree not to share your username and password with anyone else or let anyone else access your account and you acknowledge that you are responsible for anything that happens through your account. You also confirm that you must provide all equipment and software necessary to access the Fairplay Media Service (e.g. a mobile phone) and you shall be responsible for any fees related to such equipment and software together with any fees that you may incur when accessing the Fairplay Media Service, such as, but not limited to, internet connection and/or mobile data fees. Where applicable, you represent that your legal guardian has reviewed and agreed to these terms and conditions.

You acknowledge and agree that you shall have no ownership or other proprietary right in your account and furthermore accept that all rights in and to an account shall be owned by and inure to the benefit of Fairplay Media.

Limitations of Use

By accepting these terms and conditions you agree:

•to abide by all applicable laws, regulations and codes of conduct

•to be solely responsible for all things resulting from your use of the Fairplay Media Service

•not to disrupt or damage the Fairplay Media Service or do anything which may interrupt or impair its functionality

•not to use cheats, bots, hacks or any other form of unauthorised software designed to modify or interfere with the Fairplay Media Service

•attempt to gain unauthorised access to the Fairplay Media Service or accounts registered to others

•not to post any information and/or content that is abusive, obscene, threatening, defamatory or racially and/or sexually and/or religiously offensive, contains nudity, excessive violence or is otherwise objectionable

•not to attempt to or harass or harm or abuse or incite harassment, harm or abuse of another person

•not to infringe any third party rights through your use of the Fairplay Media Service

•not to use the Fairplay Media Service for any commercial purpose whatsoever

•not to solicit or attempt to solicit personal information from other users of the Fairplay Media Service

•not to represent yourself in any way as being connected with Fairplay Media

•not to engage in any act that Fairplay Media deems to be in conflict with the intention behind the Fairplay Media Service

Any use of the Fairplay Media Service in violation of the Limitations of Use detailed in these terms and conditions may result in the immediate revocation of the licence granted to you herein and, in addition, may subject you to separate legal proceedings.

User Content

Any communications, images, sounds and all other material and data that you upload or transmit in connection with the Fairplay Media Service, including any chat text, shall be regarded as your user content. You shall retain all ownership to your user content but you hereby grant Fairplay Media a perpetual and irrevocable, fully paid-up and royalty free, non-exclusive, unlimited, worldwide licence right (including the right to sub-licence and assign to third parties) to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, commercialise, publish, sell, distribute, licence, sub-licence, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, enter into computer memory and use and practise, in any way now known or hereafter discovered, your user content as well as all modified and derivative works thereof in connection with Fairplay Media’s provision of the Fairplay Media Service, including any and all marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in your user content.

By transmitting and submitting your user content, you hereby represent and warrant that such transmission or submission is (i) not confidential (ii) accurate (iii) free from any viruses, adware, worms, spyware or other malicious code (iv) not in violation of any third party rights. You are entirely responsible for all user content you post or otherwise transmit via the Fairplay Media Service and Fairplay Media assumes no responsibility for the conduct of any user submitting or transmitting user content and assumes no responsibility for monitoring the Fairplay Media Service for inappropriate or illegal content or conduct. Fairplay Media may, in its sole discretion, edit, reject, refuse to post or delete any user content for any or no reason.

Fairplay Media cannot guarantee that other users of the Fairplay Media Service will not use the ideas and information that you share as part of your user content. Fairplay Media shall have no responsibility to evaluate, use or compensate you for any ideas or information that you may choose to submit. For the avoidance of any doubt, Fairplay Media is not responsible for any user’s misuse or misappropriation of any content or information posted by you in any forums, blogs and/or chat rooms.

Purchases

As part of the Fairplay Media Service, you may be afforded the opportunity to purchase a licence to use virtual tokens and or other items or services. Any such purchases shall be in accordance with the conditions as detailed in respect of that particular part of the Fairplay Media Service. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Fairplay Media may revise the pricing for the items and services it licences to you through the Fairplay Media Service at any time. You acknowledge and accept that purchases or redemptions of third party virtual currency to acquire a licence to use virtual tokens or other such items are non-refundable and that you will not receive money or other compensation for any unused virtual tokens or other items when your account is closed, whether such closure was voluntary or involuntary.

Intellectual Property Rights

The Fairplay Media Service is copyrighted works owned by Fairplay Media or used by Fairplay Media under licence from third party copyright owners. All Fairplay Media trademarks, names and logos are the proprietary marks of Fairplay Media. Marks identifying third parties are owned by those third parties. Fairplay Media reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in and to the Fairplay Media Service.

Modifications

Fairplay Media may make improvements or changes to the Fairplay Media Service at any time without notice. Fairplay Media reserves the right to alter these terms and conditions at any time and it is your obligation to check if any changes have been made. Your use of the Fairplay Media Service after changes have been made constitutes your acceptance of the new terms and conditions.

Disclaimer of Warranties / Limitation of Liability

You expressly agree that the use of the Fairplay Media Service is at your sole risk and the Fairplay Media Service is provided “AS IS” and Fairplay Media gives no warranties, conditions, guarantees or representations, express or implied, that the Fairplay Media Service will be available without interruption or that it is error free and makes no other warranties of any kind, including without limitation, the implied warranties of non-infringement, satisfactory quality and fitness for a particular purpose.

You hereby accept that in no event will Fairplay Media be liable to you for any indirect, special, incidental, exemplary or consequential damages (including without limitation, loss of profits, goodwill or data) in any way arising out of the use of, or inability to use, the Fairplay Media Service.

Indemnity

You irrevocably agree to fully indemnify, save and hold Fairplay Media, its affiliated companies, contractors, employees, agents and its third party suppliers, licensors and partners free from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Fairplay Media Service, any violation by you of these terms and conditions, or any breach of the representations, warranties and covenants made by you herein. Fairplay Media reserves the right at your expense to assume the exclusive defence and control of any matter for which you are required to indemnify Fairplay Media and you agree to cooperate with Fairplay Media in connection with the defence of such claims. Fairplay Media will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. The provisions of this paragraph will survive any termination of your account or of the Fairplay Media Service.

Termination

Fairplay Media reserves its right, with or without notice to you, to limit, suspend, terminate, modify or delete your account if you are, or Fairplay Media suspects you are, failing to comply with any of these terms and conditions or for any actual or suspected illegal or improper use of the Fairplay Media Service. In addition, Fairplay Media reserves the right to stop offering and/or supporting the Fairplay Media Service or a particular game or application or part of the Fairplay Media Service at any time either permanently or temporarily, at which point your licence to use the Fairplay Media Service or a part thereof will be automatically terminated or suspended. In such circumstances, Fairplay Media shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Fairplay Media Service.

General Provisions

The Privacy Policy of Fairplay Media forms part of these terms and conditions.

These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English courts.

These terms and conditions form the entire understanding between you and Fairplay Media relating to your use of the Fairplay Media Service and supersede all previous agreements between us relating to the subject matter hereof. If any provision of these terms and conditions are held by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, then such provisions shall be deemed deleted from these terms and conditions and the remaining provisions shall be construed as far as possible to reflect the intention of the parties.

No delay or failure by Fairplay Media to exercise or enforce any right or remedy under these terms and conditions shall constitute a waiver of that right or remedy or any other right or remedy.

Fairplay Media may assign or delegate these terms and conditions and/or the Fairplay Media Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these terms and conditions or the Fairplay Media Privacy Policy without Fairplay Media’s prior written consent and any unauthorised assignment and delegation by you shall be void and ineffective.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and the rights and obligations set out herein are personal to you and us.