End User Licence Agreement
NOSY JONES PTY LIMITED END-USER LICENSE AGREEMENT (“EULA”)
PLEASE READ THIS EULA CAREFULLY BEFORE USING THE GAME, AS IT EXPLAINS HOW YOU ARE LICENSED TO USE THE GAME (AND ANY IN-APP PURCHASES). IF YOU HAVE QUERIES CONCERNING THIS EULA YOU MAY CONTACT US HERE: email@example.com.
- This game and any accompanying online or electronic documentation (together the “Game”) have been produced by and are the property of Nosy Jones Pty Limited (“Nosy Jones”). Nosy Jones is referred to as “us”, “we”, and “our” in this EULA. Our office is at 114 Henley Marine Drive, Drummoyne, NSW 2047, Australia. We are a company registered in Australia, with Australian company number 602 665 823.
- THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU (“you”) AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE GAME (AND ANY IN-APP PURCHASES) SO PLEASE READ THIS CAREFULLY.
- BY DOWNLOADING AND USING THE GAME YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE GAME.
- IMPORTANT TERMS
- ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME EXCEPT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.
- THIS EULA LIMITS OUR LIABILITY AS SET OUT IN CLAUSE 14 BELOW.
- IF YOU ARE UNDER THE AGE OF 18 YOU MUST GET YOUR PARENT OR GUARDIAN’S PERMISSION TO DOWNLOAD, INSTALL AND USE THE GAME.
- APP DEVELOPER TERMS
The following terms of this clause 3 are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the Game and they apply to you if you download the Game from Apple’s iTunes App Store.
- You and we acknowledge that this EULA is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that we are solely responsible for the Game and the content thereof.
- Usage Rules
If you are using the Game on iOS you must comply with the Usage Rules set forth in the iTunes App Store Terms and Conditions which you can find online here: http://www.apple.com/legal/internet-services/itunes/uk/terms.html.
- Maintenance and support
We are solely responsible for providing support and maintenance for the Game, insofar as such maintenance and support are expressly specified in this EULA. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
You acknowledge that we, and not Apple, are 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: (i) product liability claims; (ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You acknowledge that in the event of a third party claim where it is alleged that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
You represent and warrant that (i) 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 (ii) you are not listed on any US Government list of prohibited or restricted parties.
- Third Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
- THIRD PARTY SERVICES
- We may link to, incorporate or use third party software and services such as social networking or sharing features supplied by Facebook, Apple, YouTube, Twitter or Google within the Game. Use of any such software or services is subject to the terms of those third parties, and you agree to comply with any such third party terms and conditions when using the Game.
- YOUR USE OF THE GAME
- By downloading and installing the Game, you confirm that you are either over 18 years of age, or if you are under 18 years old, that you are 13 years of age and older and you have obtained your parent or guardian’s consent to download, install and use the Game subject to this EULA which they have read.
- Use of any online service, including those referred to in clause 4, which may be accessed using the Game is subject to the terms and conditions applicable to such online service.
- OWNERSHIP OF THE GAME AND CONTENT
- All right, title, interest and ownership rights and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (together “Intellectual Property Rights”) in the Game and the Game content, (except the User Content (as set out in Clause 9 below)) including but not limited to all musical samples, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") belong to us and/or our licensors. All rights are asserted and reserved, save for those granted under this EULA. The Game or Content may contain licensed materials and our licensors may act to protect their interests in the event of any breach of this EULA.
- You are not sold the Game or any Content but, subject to your compliance with all conditions of this EULA, we grant you a non-exclusive, personal, revocable, non-transferable licence to use the Game and Content for your lifetime on devices which you own or control and which have the necessary specifications to run and operate the Game.
- CONSUMER CANCELLATION RIGHTS
- You are entitled to cancel your purchase of the Game or any purchases of digital content you make through the Game within 14 days for any reason, and to receive a full refund. However, if we begin to supply you with the Game or any other digital content before the end of that period, and you have given consent to our doing so, and acknowledge that you will lose the right to cancel your purchase, then you will no longer be entitled to cancel.
- To cancel a purchase in accordance with clause 7.1 you can contact us by
sending an email to firstname.lastname@example.org using the model cancellation form
To: Nosy Jones Pty Limited, 114 Henley Marine Drive, Drummoyne, NSW 2047, Australia 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 ADDRESS] [YOUR EMAIL / TELEPHONE (optional)] Date: [DATE]
- LINKS TO WEBSITES
- USER CONTENT
- Where features of the Game allow you or other users to submit data,
messages, audio, video, textual or other content such as map designs through
the Game (“User Content”) then:
- you grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Content which you submit, worldwide in connection with the Game;
- you agree to comply with our User Content Guidelines as set out in Schedule 1.
- you agree that we have no responsibility to review any User Content, all of which is made available on the basis that we shall not be required to exercise any control or judgement of the content or the material posted or contained therein;
- you acknowledge and accept that the views expressed in any User Content are the views of the individual authors and not ours, and we are not responsible for and disclaim all liability in respect of the accuracy, currency or validity of any User Content or any loss or damage caused as a result of any use of the User Content;
- you acknowledge and agree that User Content which you submit may remain available through the Game even after you have deleted or discontinued using it.
- If you share maps, mods, plugins or tools for people to use with their own copy of the Game, or videos or screenshots of your gameplay, make sure you created them yourself and that it’s clear they are not official.
- Where features of the Game allow you or other users to submit data, messages, audio, video, textual or other content such as map designs through the Game (“User Content”) then:
- SYSTEM REQUIREMENTS
- This Game has been developed to work on the latest version of iOS or Android at the time of its release. Apple, Google and/or other Android vendors may from time to time update their software, and we will endeavour, but will not be obligated, to update the Game if necessary to ensure that its functionality and performance continue with any updated release. It is your obligation to ensure that you are using the latest public release of any mobile operating system at the time of the Game’s release.
- INDEMNITY / COMPENSATION
- You agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of the Game or arising from any breach or suspected breach of this EULA by you or your violation of any law or the rights of any third party.
- You further agree that we would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as we might otherwise have available under applicable laws.
- Our licensors shall be third party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
- TERM AND TERMINATION
- This EULA takes effect upon your download, installation and/or use of the Game and remains effective until terminated by either of us. You may terminate this EULA at any time by deleting all copies of the Game from devices on which you have installed it. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the Game and delete all copies of the Game.
- The following clauses of the EULA shall survive termination: Clause 6 (Ownership), Clause 9 (User Content), Clause 11 (Indemnity/Compensation), Clause 12 (Term and Termination), Clause 14 (Limitation of Liability) and Clauses 17-22 (General Provisions).
- SUPPORT AND CONTACTING US
- The Game is provided “as is”. However if you need any help and support please email email@example.com and we shall endeavour to assist you.
- OUR LIMITATIONS OF LIABILITY
- THE GAME IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN THAT IT WILL BE OF SATISFACTORY QUALITY, AS DESCRIBED, AND FIT FOR PURPOSE.
- WE DO NOT GUARANTEE THAT THE GAME WILL BE (I) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (II) THAT THE GAME OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE GAME OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE GAME WILL BE CORRECTED; OR (IV) THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED.
- YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
- NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.
- TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.
- NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
- OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT, WHERE PERMISSABLE BY LAW, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE GAME OR ANY IN-APP PURCHASES MADE FROM US BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CAUSE OF ACTION AROSE.
- IN THE EVENT THAT APPLE REFUNDS YOU IN ACCORDANCE WITH THE ITUNES TERMS OF SALE, THEN BOTH APPLE AND WE WILL HAVE NO FURTHER OBLIGATION TO YOU WHATSOEVER WITH RESPECT TO THE GAME, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM WITH THE FOREGOING WARRANTIES. AS A CONDITION OF THE REFUND, YOU ARE REQUIRED TO DELETE THE GAME.
- You may only use the Game for your personal, private and non-commercial
use, and must not:
- sell, distribute, reproduce, transfer, publically display, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of the Game or Content in any way except as expressly permitted by this EULA;
- remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the Game or the Content;
- create software which replicates or mimics any data or functionality in the Game;
- remove, disable or circumvent any copy protection software contained on or within the Game or Content;
- use the Game or Content for any illegal or immoral purposes;
- Notwithstanding clause 16.1 you may reverse engineer, decompile or disassemble the Game only insofar as you are entitled to do so by the Copyright, Designs and Patents Act 1988 or other applicable law.
- All works or copies of works arising from activities permitted by clause 15.2 shall belong to, vest in and be the exclusive property of us upon creation, and you shall permanently delete all such works in your possession or control immediately once you have concluded those activities.
- You may only use the Game for your personal, private and non-commercial use, and must not:
HEALTH AND SAFETY PRECAUTIONS
- The Game or Content may contain flashing lights, realistic images and
PLEASE READ THIS NOTICE BEFORE YOU OR YOUR CHILD USE THE SERVICE Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness, dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games. This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using the Game suffers or has suffered in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using the Game. If you or they are already using the Game please stop and consult a doctor. If you or any part of you feels tired, fatigue or discomfort whilst using the Game please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
- PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SERVICE:
Please do not:
- sit or stand too close to the screen / monitor but sit or stand a safe distance away;
- use the Game if you are sick, sleepy, or feel tired, fatigue or discomfort;
- play in a room that is not well-lit;
- play for too long at any one time. Please take a 10- to 15-minute break every hour.
- Notice to parents and carers:
Please observe children whilst they play games. Please ensure that you and they follow the precautions described above. If you or they experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
- The Game or Content may contain flashing lights, realistic images and simulations.
- ENTIRE AGREEMENT
- This EULA sets out the complete understanding and agreement between us and you and may only be amended or waived in writing by us.
- NO WAIVER
- No waiver by us of any failure by you to comply with or perform a provision of this EULA shall constitute a waiver of any preceding or succeeding failure.
- This EULA is personal to you. You may not assign, sub-license, transfer or dispose of your rights or obligations under this agreement.
- CHANGES TO THIS EULA
- We may change this EULA for any legal, regulatory or security reasons, or for any other reason we decide. We will notify you of any changes and you will be required to accept the changes to continue to use the Game.
- If any provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- GOVERNING LAW AND JURISDICTION
- Subject to your local consumer laws, in the event of any dispute between you and us regarding this EULA and/or your use of the Game, the laws of England and Wales will apply. You agree that in the event that we are unable to settle any dispute with you informally, then any court or arbitration proceedings shall be held in England only.
USER CONTENT GUIDELINES
- You agree and undertake that you will not post, communicate, transmit or
make available to or through the Game any User Content, statement, material,
communication or other content which:
- is unlawful or which gives rise to civil or criminal liability;
- infringes the intellectual property rights of any third party;
- is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
- is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
- harasses any person;
- may be deemed a marketing or commercial communication or promotes the products or services of any person;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.
- You further agree that in any activity you undertake during or in relation to the Game you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Game into disrepute.
- You authorise us to remove, restrict, suspend or alter any of your User Content for any reason, in our sole and absolute discretion, including but not limited to User Content which conflicts with the terms of these User Content Guidelines or is otherwise inconsistent with this EULA.
- If you discover User Content which you believe contravenes this EULA or is otherwise objectionable please notify us at firstname.lastname@example.org.