TERMS OF SERVICE
Date of Last Revision: May 2018
The following end user licence terms and conditions (“EULA”) apply to all use, download and installation of each version and iteration of this game (“the Game”) whilst in development, from “pre-alpha” through to “final”, as made available by Dream Harvest Limited.
This EULA applies to all of the games we make. Not all of our games are at the same stage of development or share the same features. So, where certain clauses of this EULA only apply in particular circumstances, those circumstances are explained below.
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 AT email@example.com.
YOU SHOULD READ THE FOLLOWING EULA CAREFULLY, BEFORE USING, DOWNLOADING OR INSTALLING THE GAME. ALL USE OF THE GAME IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS EULA. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME NOT IN ACCORDANCE WITH THE TERMS OF THIS EULA IS EXPRESSLY PROHIBITED. IF YOU DO NOT ACCEPT THE TERMS OF THE GAME EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE GAME.
1.1. This Game has been produced by and is the property of Dream Harvest Limited (“Dream Harvest”). Dream Harvest is referred to as “us”, “we”, and “our” in this EULA. Our registered office is at 30 Browning Road, Worthing, West Sussex, BN11 4NR. We are a company registered in England, with company number 07375707.
1.2. 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.
1.3. 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.
2. IMPORTANT TERMS
2.1. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME EXCEPT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.
2.2. THIS EULA LIMITS OUR LIABILITY AS SET OUT IN CLAUSE 11 BELOW.
2.3. IF YOU ARE UNDER THE AGE OF 18 YOU MUST GET YOUR PARENT OR GUARDIAN’S PERMISSION TO DOWNLOAD, INSTALL AND USE THE GAME.
3. EARLY ACCESS
3.1. WHERE THE GAME IS MADE AVAILABLE TO YOU AS PART OF AN ALPHA, BETA OR OTHER EARLY ACCESS PROGRAMME YOU SPECIFICALLY AGREE, ACKNOWLEDGE AND ACCEPT THAT:
3.1.1. THE GAME IS MADE AVAILABLE “AS IS” AS WORK IN PROGRESS AND AS PART OF AN EARLY ACCESS PROGRAMME FOR EVALUATION AND DEMONSTRATION PURPOSES ONLY, IN ORDER TO ASSESS AND EVALUATE ITS PERFORMANCE INCLUDING THE IDENTIFICATION OF ANY ERRORS OR DEFECTS;
3.1.2. THE GAME MAY (AND LIKELY WILL) CONTAIN DEFECTS AND/OR ERRORS;
3.1.3. THE GAME MAY AND PROBABLY WILL CRASH AND / OR CAUSE DATA LOSS;
3.1.4. YOU USE, DOWNLOAD AND INSTALL THE GAME AT YOUR OWN RISK, KNOWING THAT IT IS PROVIDED AS IS AND WITH FAULTS.
3.1.5. YOU ARE ADVISED TO BACK-UP AND OTHERWISE SAFEGUARD ALL DATA AND SOFTWARE ON YOUR COMPUTER AND TO NOT RELY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE GAME.
3.1.6. YOU MAY HAVE ACCESS TO AND BE ENTRUSTED WITH CONFIDENTIAL INFORMATION AND TRADE SECRETS RELATING TO THE GAME BEFORE IT IS MADE PUBLIC, AND ABOUT OUR BUSINESS AND PLANS. YOU WILL NOT DIVULGE OR COMMUNICATE TO ANY PERSON, CAUSE OR FACILITATE ANY DISCLOSURE OF, OR MAKE ANY USE OF, SUCH CONFIDENTIAL INFORMATION WITHOUT OUR PRIOR WRITTEN PERMISSION. THIS OBLIGATION SHALL SURVIVE TERMINATION OF THIS EULA BUT SHALL NOT APPLY IN RESPECT OF ANY INFORMATION WHICH HAS BECOME AVAILABLE TO THE PUBLIC GENERALLY OTHER THAN THROUGH UNAUTHORISED DISCLOSURE.
4. THIRD PARTY SERVICES
4.1. We may link to, incorporate or use third party software and services such as social networking or sharing features 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.
5. YOUR USE OF THE GAME
5.1. 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.
6. OWNERSHIP OF THE GAME AND CONTENT
6.1. 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 trademarks (whether registered or unregistered) and any applications therefor and other intellectual property rights (together “Intellectual Property Rights”) in the Game and the Game content, 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.
6.2. 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.
7. LINKS TO WEBSITES
8. SYSTEM AND PLATFORM REQUIREMENTS
8.1. This Game has been developed to work on the latest version of the operating system and/or console or device platform available at the time of its release. Platform, operating system and device vendors may from time to time update their software and/or devices, and we may, but shall not be obligated to, update the Game if necessary to ensure that its functionality and performance continue with any such update. It is your obligation to ensure that you are using the latest compatible public release of any such device, operating system or platform. We may require you to update the Game, provided that it will always match the description of it that we provided before you bought the Game.
8.2. Your access to or use of the Game or certain features of the Game may require you to have an Apple iTunes, Google Play, Steam, PlayStation Plus or other account with a third party (any such third-party service provider shall be referred to as “TPSP” in this EULA). Your access to and use of the Game may be linked to your Apple, Google, Steam, PlayStation Plus or other account and you are required to comply with the terms and conditions which apply to any such account in order to use the Game.
8.3. You may require an internet connection, which you must procure at your own expense, to use some or all features of the Game.
8.4. This clause applies if we offer the Game on iOS; you agree that these terms (which we are required by Apple to incorporate) shall apply:
8.4.1. Acknowledgement: You and we acknowledge that this EULA constitutes an agreement which 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 within the Game.
8.4.3. Maintenance and Support: We are solely responsible for providing support and maintenance for the Game. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
8.4.4. Product Claims: 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.
8.4.5. Intellectual Property Rights: 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 we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
8.4.6. Legal Compliance: 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.
8.4.7. 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.
8.4.8. Third Party Terms of Agreement: We may use third party software and services provided by (amongst others) Flurry, Unity, Localytics, Facebook, Youtube and Twitter with the Game. Use of the Game is therefore subject to your acceptance and compliance of these third-party terms and you agree to comply with the applicable third-party terms and conditions when using the Game.
8.5. This clause applies if we offer the Game through the Steam platform (“Steam”), which is hosted by Valve S.A.R.L. (in the EU) and Valve Corporation (in the US). If so, that means you need a Steam account to play the Game, and your use of Steam is subject to the Steam Subscriber Agreement, which you can find online here. The Steam Subscriber Agreement changes from time to time, and if it becomes inconsistent with this EULA then, where there are conflicts, the Steam Subscriber Agreement takes precedence. Steam lets you get a refund for the Game in some cases. You can find out how on the Steam website here: Steam Refunds.
8.6. If you install or use the Game on a PlayStation platform, then the terms of Sony Interactive Entertainment Europe Limited may apply.
8.7. If you install or use the Game on a Xbox platform, then the terms of Microsoft may apply.
9.1. You may need to set up an account in order to use and access some of the Game. To set up an account you will need to register by submitting certain information and choose a username and password.
9.2. The username and password chosen by and issued to you upon registration with us is personal to you and shall not be disclosed to any third party without our prior written consent.
9.3. You agree, accept and understand that:
9.3.1. you will ensure information held about you by us is accurate and up to date and that you can amend your registration details at any time either through the Game or by writing to use at firstname.lastname@example.org;
9.3.2. you are and shall remain responsible for maintaining the confidentiality of your account credentials;
9.3.3. you are solely liable for any use of the Game using your account.
9.4. PLEASE DO NOT SHARE YOUR ACCOUNT NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR ACCOUNT OR ANY USE OF YOUR ACCOUNT BY ANY THIRD PARTY. IF YOU THINK YOUR ACCOUNT HAS BEEN COMPROMISED PLEASE INFORM US IMMEDIATELY.
10. ONLINE SERVICE
10.1. We may, but shall not be obliged to, provide and maintain certain online functionality, online network play connectivity and interactivity and other online features relating to the Game (“Online Service“) subject to the terms and conditions of this EULA. In connection therewith, the following additional terms in this clause 10 shall apply.
10.2. The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with the terms of this EULA.
10.3. Where indicated to you before you purchase the Game, we will use reasonable efforts to make the Online Service available for as long as possible from the date on which you purchase the Game, subject as set out in this EULA. We warrant only that the Online Service, when made available by us, shall be of satisfactory quality, as described and fit for purpose.
10.4. We will not be liable in any amount for failure to perform any obligation under this EULA if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
10.5. Except as expressly provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law, and subject to your mandatory consumer rights.
10.6. To the maximum extent permitted by law, and save as expressly provided in this EULA, we give no warranty in connection with the Online Service and exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us and we shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
10.6.1. the availability of the Online Service;
10.6.2. any incorrect or inaccurate information on the Online Service and all errors, interruptions to or delays in updating the Online Service;
10.6.3. the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Online Service;
10.6.4. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Online Service (save to the extent that damage to your device or other digital content which you own is caused by the Online Service as a result of our failure to use reasonable care and skill in which case you may be entitled to compensation or we may be obliged to repair your device);
10.6.5. the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties (“External Sites”) to which the Online Service links and web sites located on or through any External Site, nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services) You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
10.6.6. all representations, warranties, conditions and other terms which but for this notice would have effect.
10.7. We do not warrant that the operation of the Online Service will be uninterrupted or error free or that any error or interruption can or will be corrected.
10.8. We cannot guarantee that the Online Service or a particular part of the Online Service or any UGC (as defined in clause 11 below) will always be available.
11. YOUR CONTENT
User Generated Content
11.1. The Game may allow you and other users of the Game to create your own content to upload and share with other users of the Game on the Online Service (or use yourself) or to send communications to Dream Harvest or third parties (“UGC”). In connection with the use of the Game and the Online Service only and subject to this EULA, you may (and are granted a limited, non- exclusive license and right to) use the software that forms part of the relevant Game and Online Service to communicate with other users of the relevant Game using the Online Service and post, transmit, communicate and to make available UGC. To the extent that any UGC is derived from the Game or material provided by us you hereby assign to Dream Harvest all intellectual property rights subsisting the UCG which are owned by you. You further waive all so called moral rights in the UGC you create. In the event that no assignment of rights occurs, you hereby grant to Dream Harvest an unrestricted, transferable, sub-licensable, royalty free, perpetual, irrevocable, non-exclusive right and licence to use and make available any such UGC in connection with the Game in any manner or media and agree that Dream Harvest may use, publish, edit, modify and adapt your UGC for any and all purposes relating to the Game and our business.
Dream Harvest and UGC
11.2. The Game, is an information and entertainment service and ancillary to this Dream Harvest are involved in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication, for which the Game is a mere conduit. By installing or using the Game you agree Dream Harvest has no responsibility to review the content of any UGC and that all UGC is made available on the basis that we are not required to and do not exercise any control or judgement in respect of their content. For the avoidance of doubt, the views expressed in any UGC are the views of the individual authors and not those of us unless expressly specified otherwise by us.
11.3. We shall be entitled to remove, restrict, suspend or alter any user account and any UGC (and the ability to share or create UGC) for any reason in our discretion including, without limitation, because conduct or content associated with such account or UGC might be unacceptable as described in this EULA.
11.4. You agree and undertake that you are entitled to make available, or post to or transmit to the Game UGC and to grant us those rights set out in clause 11.2, and will not make available, or post to or transmit to the Game any statement, material or other UGC, nor use the Game in any way, that:
11.4.1. is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, hateful, discriminatory, obscene, inflammatory or racist;
11.4.2. harasses, bullies or intimidates any person or obscures or impedes other users’ ability to communicate or read conversations (this includes the use of any macros/SPAM to either the general playerbase or a single individual to disrupt chat);
11.4.3. involves exploitative behaviour, through but not limited to, third party programs, bots, scripts or other means which are reasonably prohibited by us from time to time, or which take advantage of bugs, unintended errors, or features that have not been documented, to access restricted parts of the Game or gain an unfair edge over other players;
11.4.4. involves selling or trading your Game account or characters, or dealing or trading in currency (whether or not this occurs inside or outside of the game for in-game items) or which otherwise constitutes activity which we reasonably deem against the “spirit” of the Game;
11.4.5. encourages any violation of this EULA or of a TPSP’s terms of service;
11.4.6. is unlawful, malicious, misleading (including impersonation), discriminatory or which gives rise to civil or criminal liability or which might call us or the Game into disrepute;
11.4.7. infringes upon the intellectual property or other rights of any third party or facilitates or encourages such infringement or entails the distribution of any player’s personal information (other than your own, as a private message);
11.4.8. is technically harmful such as the introduction of computer viruses, worms, logic bombs or other malicious software or harmful data, or otherwise attempts to or actually does modify or interfere with the Game or overburden or disrupt any computer or server used by the Game;
11.4.9. may be deemed a marketing or commercial communication;
11.4.10. promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
11.4.11. is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a person under the age of 18;
11.4.12. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
11.4.13. constitutes, in our reasonable opinion, cheating or misuse of the Game, or an attempt to gain unauthorised access to the Game or parts thereof, or to the accounts of other users or networks or devices; or
11.4.14. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
11.5. If you discover UGC which you believe contravene the EULA please notify us via the email address email@example.com.
11.6. In the event that you breach any provision of this EULA we may suspend your access to the Game or part thereof.
11.7. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. DREAM HARVEST HAS NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. THIS IS A DECISION THAT CAN ONLY BE MADE BY YOU. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING THE SERVICE, YOU ACCEPT THAT THIS IS THE CASE AND ACCEPT THAT YOU THEREFORE USE THE SERVICE AT YOUR OWN RISK. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
12. VIRTUAL GOODS
12.1. This clause applies insofar as the Game permits you to use a third party payment mechanism such as the Steam Wallet or a virtual currency such as Facebook Credits to obtain virtual in-game items (“Virtual Items”). Your order for any Virtual Item represents an offer to us to purchase that Virtual Item, and our acceptance of that offer shall only occur once we make the Virtual Item available to you or take your payment, prior to which we may decline your order for any reason.
12.2. Purchases of Virtual Items are subject to the terms of any TPSP through which your purchase is made. To the extent that this clause 11 conflicts with such agreement between you and the relevant TPSP in respect of your purchase of Virtual Items, the terms of your agreement with the TPSP shall prevail.
12.3. You are entitled to cancel purchases of Virtual Items you make through the Game within 14 days, and to receive a full refund. However, you agree that if we begin to supply you with Virtual Items before the end of that period, then you will no longer be entitled to change your mind about the purchase.
12.4. You may use Virtual Items solely in connection with permitted use of the Game. You do not own the Virtual Items. You only have a licence to use them, for their permitted uses, as may be amended and notified to you from time to time, in connection with the Game and subject to your compliance with the rest of this EULA.
12.5. You understand and agree that Virtual Items have no cash or redemption value and your licence to use them will be suspended and/or terminated if you are denied access to your account or your account is shut down, frozen or terminated for any reason in accordance with this EULA and we shall have no obligation to make any refund or otherwise compensate you in any amount under such circumstances unless expressly indicated otherwise, and subject to your mandatory consumer rights.
12.6. You are not permitted to trade, exchange, sell, rent or otherwise transfer or deal in the Virtual Items or your account without our prior written permission. You shall not access or use any account or Virtual Items which have been traded, exchanged, sold, rented or otherwise transferred or dealt in.
13. INDEMNITY / COMPENSATION
13.1. 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.
13.2. 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.
13.3. 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.
14. TERM AND TERMINATION
14.1. 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.
14.2. The following clauses of the EULA shall survive termination: Clause 6 (Ownership), Clause 13 (Indemnity/Compensation), Clause 14 (Term and Termination), Clause 16 (Limitation of Liability) and Clauses 19-25 (General Provisions).
15. SUPPORT AND CONTACTING US
15.1. The Game is provided “as is”. However, if you need any help and support please email firstname.lastname@example.org and we shall endeavour to assist you.
16. OUR LIMITATIONS OF LIABILITY
16.1. THE GAME (INCLUDING ANY VIRTUAL ITEMS) 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 SATISFA CTORY QUALITY, AS DESCRIBED, AND FIT FOR PURPOSE.
16.2. 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.
16.3. WE SHALL HAVE NO LIABILITY IN RESPECT OF THE CONTENT, TRANSMISSION, RECEIPT, HOSTING, PROCESSING OR OTHER USE OF ANY UGC.
16.4. YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
16.5. 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.
16.6. 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 (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE GAME AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE).
16.7. NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
16.8. 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.
17.1. You may only use the Game for your personal, private and non-commercial use, and must not:
17.1.1. sell, distribute, reproduce, transfer, publicly 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;
17.1.2. remove, delete, obscure, 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 Game or the Content;
17.1.3. create software which replicates or mimics any data or functionality in the Game;
17.1.4. remove, disable or circumvent any copy protection software contained on or within the Game or Content;
17.1.5. use the Game or Content for any illegal or immoral purposes;
17.2. Notwithstanding clause 17.1 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.
17.3. All works or copies of works arising from activities permitted by clause 17.2 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.
18. HEALTH AND SAFETY PRECAUTIONS
18.1. The Game or Content may contain flashing lights, realistic images and simulations.
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.
18.2. PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SERVICE:
Please do not:
18.2.1. sit or stand too close to the screen / monitor but sit or stand a safe distance away;
18.2.2. use the Game if you are sick, sleepy, or feel tired, fatigue or discomfort;
18.2.3. play in a room that is not well-lit;
18.2.3. play for too long at any one time. Please take a 10- to 15-minute break every hour.
18.3. 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.
19. ENTIRE AGREEMENT
20. NO WAIVER
20.1. 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.
21.1. This EULA is personal to you. You may not assign, sub-license, transfer or dispose of your rights or obligations under this agreement.
22. CHANGES TO THIS EULA
22.1. We may change this EULA for any legal, regulatory or security reasons, or for any other reason we reasonably decide, including without limitation, where such change is required or encouraged by a TPSP. We will notify you of any changes and you will be required to accept the changes to continue to use the Game.
23.1. If any provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
24. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION
24.1. Should you have any queries or complaints, please get in touch at: email@example.com, or Dream Harvest Ltd, 30 Browning Road, Worthing, West Sussex, BN11 4NR, United Kingdom.
24.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
25. GOVERNING LAW AND JURISDICTION
25.1. Subject always to applicable mandatory consumer protections including those of your country:
25.1.1. 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; and
25.1.2. 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 although this does not limit your rights under any other consumer legislation.