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TERMS OF USE
Date of Last Revision: November 2021
1. INTRODUCTION
We are Bossa Studios Limited (Bossa, we, us and our). We are a company registered in England and Wales with company number 07375707. Our office is at Zetland House, Unit E 2nd Floor, 5-25 Scrutton Street, London, EC2A 4HJ, England.
We are a BAFTA-winning independent games developer and publisher based in London. We make genre defining games that champion innovation and originality, and our games are loved by players worldwide.
2. IMPORTANT NOTICE
Please read these terms of use (the Terms) and our Privacy Policy carefully before using our Services (as defined below) as they explain how you are licensed to use our Services. If you have any queries concerning these Terms you may contact us as . When you use our Services, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS YOU SHOULD NOT USE OUR SERVICES.
3. ABOUT YOU
You may only agree to these Terms if you are an adult of full legal age of majority in the country or state in which you live (for example, 18 years of age in England). This applies to you even if the age rating for a Game or other content we make available indicates that it is suitable for children.
By using the Services, you confirm that you are either over 18 years of age, or if you are under 18 years old, that you have obtained your parent or guardian’s consent to use the Services and that they have read and understood these Terms. Your parent or legal guardian must also read our Privacy Policy together with you and they must consent to our processing of your personal data on your behalf in accordance with the Privacy Policy.
These Terms govern the relationship between you and us in relation to your use of:
(a) any version and iteration of any games in whatever stage of development (from Alpha to Final), developed by us, and as made available by us (each a Game and together the Games).
(b) Any websites controlled or operated by us, including (without limitation) , (the Websites); and
(c) All other services that we may provide to you from time to time including but not limited to certain online functionality, online network play connectivity and interactivity (“Online Service), unless we specifically state that different terms and conditions apply to those services.
IN THESE TERMS we refer to our Games, Websites and other services in (c) above together as the SERVICES.
ALL USE OF THE SERVICES IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. ANY USE, REPRODUCTION OR REDISTRIBUTION OF ANY GAME NOT IN ACCORDANCE WITH THESE TERMS IS EXPRESSLY PROHIBITED. IF YOU DO NOT ACCEPT THESE TERMS PLEASE DO NOT ATTEMPT TO DOWNLOAD, INSTALL OR PLAY ANY OF OUR GAMES OR OTHERWISE USE THE SERVICES.
4. THE SERVICES
4.1 We will provide the Services using reasonable skill and care.
4.2 We shall use reasonable endeavours to make the Services available to you subject to the terms and conditions of these Terms.
4.3 The Services are for personal use only, on an “as is” basis and all use must be in accordance with these Terms.
4.4 Where indicated to you before you purchase a Game or use the Services, we will use reasonable efforts to make the Services available for as long as possible from the date on which you purchase the Game or Content, subject as set out in these Terms. We warrant only that the Services, when made available by us, shall be of satisfactory quality, as described and fit for purpose.
4.5 We will not be liable in any amount for failure to perform any obligation under these Terms 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.
4.6. To the maximum extent permitted by law, and save as expressly provided in these Terms, we give no warranty in connection with the Services 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:
4.6.1 the availability of the Services;
4.6.2. any incorrect or inaccurate information in the Services and all errors, interruptions to or delays in updating the Services;
4.6.3. the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Services;
4.6.4. 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 Services (save to the extent that damage to your device or other digital content which you own is caused by the Services 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);
4.6.5. 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 any of the Services 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;
4.6.6. all representations, warranties, conditions and other terms which but for this notice would have effect.
4.6.7. We do not warrant that the operation of the Services will be uninterrupted or error free or that any error or interruption can or will be corrected.
4.6.8 We cannot guarantee that the Services or a particular part of the Online Service or any UGC (as defined below) will always be available
EARLY ACCESS
4.6.9 Where a Game is made available to you as part of an Alpha, Beta or other early access programme you specifically agree, acknowledge and accept that:
i. 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;
ii. The Game may (and likely will) contain defects and/or errors;
iii. The Game may (and probably will crash and/or cause data loss;
iv. You use, download and install the Game at your own risk knowing that it is provided as is and with faults;
v. 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;
vi. 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 consent. This obligation shall survive termination of these Terms but shall not apply in respect of any information which has become available to the public generally other than through unauthorised disclosure.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. 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 trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (together “Intellectual Property Rights”) in our Games and any other works made available to you in the course of our providing the Services, 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 these Terms. The Services may contain licensed materials and our licensors may act to protect their interests in the event of any breach of these Terms.
5.2. You are not sold any Games or any Content but, subject to your compliance with all conditions of these Terms, we grant you a non-exclusive, personal, revocable, non-transferable licence to play our Games and use the Content and our other Services for your lifetime on devices which you own or control and which have the necessary specifications to run and operate the Services. You shall have no ownership rights over any of our Services, including no ownership of any Intellectual Property Rights in our Games.
5.3 The licence granted to you in 5.2 above in relation to access to one of our Games is limited to the installation of a single copy of the Game on the chosen platform on which the Game is made available by us. You are specifically prohibited from making any copies of the Game, except in order to install the Game or as otherwise permitted by law, and you may not make available the Game on a network or otherwise where it could be accessed by one or more other users.
6. LINKS TO WEBSITES
Where we make available links to other websites or apps in the Services, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.
7. SYSTEM AND PLATFORM REQUIREMENTS
7.1. Our Services have been developed to work on the latest version of the operating system and/or console or device platform available at the time of their being released or made available. 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 Services if necessary to ensure that the Services continue to function and perform 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 a Game, provided that it will always match the description of it that we provided before you bought the Game.
7.2. Your access to or use of the Services or certain features of a Game may require you to have an Apple iTunes, Google Play, Steam, Xbox, PlayStation or other account with a third party (any such third party service provider shall be referred to as “TPSP” in these Terms). Your access to and use of a Game may be linked to your TPSP account or other account and you are required to comply with the terms and conditions which apply to any such account in order to use a Game.
7.3. You may require an internet connection, which you must procure at your own expense, to use the Services.
7.4. By installing or using any Game on iOS you agree that the terms below (which we are required by Apple to incorporate) shall apply to that Game:
7.4.1. Acknowledgement: You and we acknowledge that these Terms constitute 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.
7.4.2. Grant of Licence: Subject to, and in consideration of, your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the Game and content in the Game for your lifetime on an iOS product which you own or control, and as permitted by the usage rules set forth in the App Store Terms , and in accordance with our Privacy Policy.
7.4.3. 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.
7.4.4. 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.
7.4.5. 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.
7.4.6. 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.
7.4.7. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and that when you accept the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
7.5 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. THIRD PARTY SERVICES
8.1. We may link to, incorporate or use third party software and services such as social networking or sharing features within our Services. 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 Services.
8.2. We may allow other third parties to place adverts within our Services. We do not control the specific content of those adverts. We do, however, have control over the general types of adverts that are placed in the Services to ensure that there are not any inappropriate advertisements. If you have any concerns regarding a specific advert please contact [email protected].
9. ACCOUNTS
9.1. You may need to set up an account in order to use and access some of the Services. 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 your 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 Services or by writing to us at ;
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 Services 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. YOUR CONTENT
User Generated Content
10.1. In the course of playing the Games or accessing other Services we may allow you, and other users, to upload, transmit, create or generate data which may include (without limitation) content like your profile picture, your in-Game text or video chat, in-Game artwork, or other content authored or designed by you (whether or not using a Game’s tools) and other software, graphics, audio, video and other materials (collectively UGC) to upload and share with other users on the Online Service (or use yourself) or to send communications to Bossa or third parties. In connection with the use of the Services and subject to these Terms, you may (and are granted a limited, non- exclusive license and right to) use the software that forms part of the relevant Services to communicate with other users of the Services 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 Bossa all intellectual property rights subsisting in 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 Bossa 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 Services in any manner or media and agree that Bossa may use, publish, edit, modify, commercially exploit and adapt your UGC for any and all purposes relating to the Services and our business.
Bossa and UGC
10.2. The Services are information and entertainment services and ancillary to this Bossa 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 Services are a mere conduit. By installing a Game or using the Services you agree Bossa 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.
10.3. 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 these Terms.
UGC Rules
10.4. You agree and undertake that you are entitled to make available, or post to or transmit to Services UGC and to grant us those rights set out in clause 10.2, and will not make available, or post to or transmit to the Services any statement, material or other UGC, nor use the Services in any way, that:
10.4.1. is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, hateful, discriminatory, obscene, inflammatory or racist;
10.4.2. 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);
10.4.3. 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 Services or gain an unfair edge over other players;
10.4.4. 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;
10.4.5. encourages any violation of these Terms or of a TPSP’s terms of service;
10.4.6. is unlawful, malicious, misleading (including impersonation), discriminatory or which gives rise to civil or criminal liability, or which might call us or any of the Services into disrepute;
10.4.7. 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);
10.4.8. 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 Services or overburden or disrupt any computer or server used by the Services;
10.4.9. may be deemed a marketing or commercial communication;
10.4.10. promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
10.4.11. 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;
10.4.12. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
10.4.13. constitutes, in our reasonable opinion, cheating or misuse of the Services, or an attempt to gain unauthorised access to the Services or parts thereof, or to the accounts of other users or networks or devices; or
10.4.14. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
Notwithstanding the above, some of our Games are an open-world sandbox, foregoing standard tropes and features of other online games. As a result, the experience is, by design, user-lead and free-form in terms of what direction the Game might take. As such we, in our discretion, deem the majority of in-game conduct appropriate. There may be the potential for player versus player interaction in a Game (“PvP”). We may provide in-game solutions for protecting in-game assets, but users should be vigilant and protect themselves from other players who are potential threats to their character. Attacking another player, even repeatedly, is not in itself considered harassment. Certain prolonged cases of harassment (for example only, spawn camping revival chambers) may, in our reasonable opinion, be outside the scope of good sportsmanship and we reserve the right to take such action as we deem appropriate in response to that behaviour.
10.5. If you discover UGC which you believe contravene these Terms, please notify us via the email address .
10.6. In the event that you breach any provision of these Terms we may suspend your access to the Services or part thereof.
10.7. 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. BOSSA 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 SERVICES YOU ACCEPT THAT THIS IS THE CASE AND ACCEPT THAT YOU THEREFORE USE THE SERVICES 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.
11. VIRTUAL GOODS
11.1. This clause applies insofar as the Services permit 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.
11.2. Purchases of Virtual Items are subject to the terms of any TPSP through which your purchase is made. To the extent that this clause 12 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.
11.3. You are entitled to cancel purchases of Virtual Items you make through the Services 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.
To: Bossa Studios Limited, Zetland House, Unit E 2nd Floor, 5-25 Scrutton Street, London EC2A 4HJ |
11.4. You may use Virtual Items solely in connection with permitted use of the Services. 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 Services and subject to your compliance with the rest of these Terms.
11.5. 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 these Terms 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.
11.6. 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.
12. OUR LIMITATIONS OF LIABILITY
12.1. THE SERVICES ARE PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN AS SET OUT IN THESE TERMS.
12.2. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE (I) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (II) THAT ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICES OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (IV) THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED.
12.3. WE SHALL HAVE NO LIABILITY IN RESPECT OF THE CONTENT, TRANSMISSION, RECEIPT, HOSTING, PROCESSING OR OTHER USE OF ANY UGC.
12.4. YOU ACKNOWLEDGE THAT USE OF THE SERVICES OR RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
12.5. NOTHING IN THESE TERMS 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.
12.6. 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 SERVICES 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).
12.7. NOTHING IN THESE TERMS SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
12.8. OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT, WHERE PERMISSABLE BY LAW, SHALL BE LIMITED TO LOSS AND DAMAGE YOU SUFFER THAT IS A REASONABLY FORSEEABLE RESULT OF OUR UNREMEDIED BREACH OF THESE TERMS.
13. TERM AND TERMINATION
13.1. These Terms take effect upon your download, installation and/or use of the Services and remain effective until terminated by either of us. You may terminate these Terms at any time by deleting all copies of the Game from devices on which you have installed it. This Agreement shall automatically terminate if you fail to comply with any term or condition of these Terms. Upon termination you shall cease all use of the Services and delete all copies of the Game.
13.2. The following clauses of these Terms shall survive termination: Clause 5 (Ownership), Clause 12 (Limitation of Liability), Clause 13 (Term and Termination), and Clauses 16-23 (General Provisions).
14. SUPPORT AND CONTACTING US
The Services are provided “as is”. However, if you need any help and support please email and we shall endeavour to assist you.
15. RESTRICTIONS
15.1. You may only use the Services for your personal, private and non-commercial use, and must not:
15.1.1. 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 any of the Services including any Game or Content in any way except as expressly permitted by these Terms;
15.1.2. 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 Services.
15.1.3. create software which replicates or mimics any data or functionality in any of the Services;
15.1.4. remove, disable or circumvent any copy protection software contained on or within any of the Services.
15.1.5. use any of the Services for any illegal or immoral purposes;
15.2. Notwithstanding clause 15.1 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.
15.3. 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.
16. HEALTH AND SAFETY PRECAUTIONS
16.1. Parts of the Services 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 Services 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 Services. If you or they are already using the Services please stop and consult a doctor.
16.2. PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SERVICE:
Please do not:
16.2.1. sit or stand too close to the screen / monitor but sit or stand a safe distance away;
16.2.2. use the Services if you are sick, sleepy, or feel tired, fatigue or discomfort;
16.2.3. play in a room that is not well-lit;
16.2.3. play for too long at any one time. Please take a 10- to 15-minute break every hour.
16.3. Notice to parents and carers:
Please observe children whilst they use the Services. 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.
17. ENTIRE AGREEMENT
These Terms and the Privacy Notice sets out the complete understanding and agreement between us and you in respect of its subject matter and may only be amended or waived in writing by us.
18. NO WAIVER
No waiver by us of any failure by you to comply with or perform a provision of these Terms shall constitute a waiver of any preceding or succeeding failure.
19. ASSIGNMENT
These Terms are personal to you. You may not assign, sub-license, transfer or dispose of your rights or obligations under this agreement.
20. CHANGES TO THIS AGREEMENT
We may change this Agreement 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 Services.
21. SEVERANCE
If any provisions of these Terms are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
22. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION
22.1. Should you have any queries or complaints, please get in touch at: 0207 253 3702, , or Bossa Studios LTD. Zetland House, Unit E 2nd Floor, 5-25 Scrutton Street, London EC2A 4HJ.
22.2. 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.
23. GOVERNING LAW AND JURISDICTION
23.1. Subject always to applicable mandatory consumer protections including those of your country:
23.1.1. in the event of any dispute between you and us regarding this Agreement and/or your use of the Services, the laws of England and Wales will apply; and
23.1.2. 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.
Date of Last Revision: November 2021
1. INTRODUCTION
We are Bossa Studios Limited (Bossa, we, us and our). We are a company registered in England and Wales with company number 07375707. Our office is at Zetland House, Unit E 2nd Floor, 5-25 Scrutton Street, London, EC2A 4HJ, England.
We are a BAFTA-winning independent games developer and publisher based in London. We make genre defining games that champion innovation and originality, and our games are loved by players worldwide.
2. IMPORTANT NOTICE
Please read these terms of use (the Terms) and our Privacy Policy carefully before using our Services (as defined below) as they explain how you are licensed to use our Services. If you have any queries concerning these Terms you may contact us as . When you use our Services, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS YOU SHOULD NOT USE OUR SERVICES.
3. ABOUT YOU
You may only agree to these Terms if you are an adult of full legal age of majority in the country or state in which you live (for example, 18 years of age in England). This applies to you even if the age rating for a Game or other content we make available indicates that it is suitable for children.
By using the Services, you confirm that you are either over 18 years of age, or if you are under 18 years old, that you have obtained your parent or guardian’s consent to use the Services and that they have read and understood these Terms. Your parent or legal guardian must also read our Privacy Policy together with you and they must consent to our processing of your personal data on your behalf in accordance with the Privacy Policy.
These Terms govern the relationship between you and us in relation to your use of:
(a) any version and iteration of any games in whatever stage of development (from Alpha to Final), developed by us, and as made available by us (each a Game and together the Games).
(b) Any websites controlled or operated by us, including (without limitation) , (the Websites); and
(c) All other services that we may provide to you from time to time including but not limited to certain online functionality, online network play connectivity and interactivity (“Online Service), unless we specifically state that different terms and conditions apply to those services.
IN THESE TERMS we refer to our Games, Websites and other services in (c) above together as the SERVICES.
ALL USE OF THE SERVICES IS GOVERNED BY AND CONDITIONAL ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. ANY USE, REPRODUCTION OR REDISTRIBUTION OF ANY GAME NOT IN ACCORDANCE WITH THESE TERMS IS EXPRESSLY PROHIBITED. IF YOU DO NOT ACCEPT THESE TERMS PLEASE DO NOT ATTEMPT TO DOWNLOAD, INSTALL OR PLAY ANY OF OUR GAMES OR OTHERWISE USE THE SERVICES.
4. THE SERVICES
4.1 We will provide the Services using reasonable skill and care.
4.2 We shall use reasonable endeavours to make the Services available to you subject to the terms and conditions of these Terms.
4.3 The Services are for personal use only, on an “as is” basis and all use must be in accordance with these Terms.
4.4 Where indicated to you before you purchase a Game or use the Services, we will use reasonable efforts to make the Services available for as long as possible from the date on which you purchase the Game or Content, subject as set out in these Terms. We warrant only that the Services, when made available by us, shall be of satisfactory quality, as described and fit for purpose.
4.5 We will not be liable in any amount for failure to perform any obligation under these Terms 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.
4.6. To the maximum extent permitted by law, and save as expressly provided in these Terms, we give no warranty in connection with the Services 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:
4.6.1 the availability of the Services;
4.6.2. any incorrect or inaccurate information in the Services and all errors, interruptions to or delays in updating the Services;
4.6.3. the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Services;
4.6.4. 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 Services (save to the extent that damage to your device or other digital content which you own is caused by the Services 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);
4.6.5. 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 any of the Services 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;
4.6.6. all representations, warranties, conditions and other terms which but for this notice would have effect.
4.6.7. We do not warrant that the operation of the Services will be uninterrupted or error free or that any error or interruption can or will be corrected.
4.6.8 We cannot guarantee that the Services or a particular part of the Online Service or any UGC (as defined below) will always be available
EARLY ACCESS
4.6.9 Where a Game is made available to you as part of an Alpha, Beta or other early access programme you specifically agree, acknowledge and accept that:
i. 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;
ii. The Game may (and likely will) contain defects and/or errors;
iii. The Game may (and probably will crash and/or cause data loss;
iv. You use, download and install the Game at your own risk knowing that it is provided as is and with faults;
v. 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;
vi. 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 consent. This obligation shall survive termination of these Terms but shall not apply in respect of any information which has become available to the public generally other than through unauthorised disclosure.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. 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 trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (together “Intellectual Property Rights”) in our Games and any other works made available to you in the course of our providing the Services, 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 these Terms. The Services may contain licensed materials and our licensors may act to protect their interests in the event of any breach of these Terms.
5.2. You are not sold any Games or any Content but, subject to your compliance with all conditions of these Terms, we grant you a non-exclusive, personal, revocable, non-transferable licence to play our Games and use the Content and our other Services for your lifetime on devices which you own or control and which have the necessary specifications to run and operate the Services. You shall have no ownership rights over any of our Services, including no ownership of any Intellectual Property Rights in our Games.
5.3 The licence granted to you in 5.2 above in relation to access to one of our Games is limited to the installation of a single copy of the Game on the chosen platform on which the Game is made available by us. You are specifically prohibited from making any copies of the Game, except in order to install the Game or as otherwise permitted by law, and you may not make available the Game on a network or otherwise where it could be accessed by one or more other users.
6. LINKS TO WEBSITES
Where we make available links to other websites or apps in the Services, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s terms of use.
7. SYSTEM AND PLATFORM REQUIREMENTS
7.1. Our Services have been developed to work on the latest version of the operating system and/or console or device platform available at the time of their being released or made available. 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 Services if necessary to ensure that the Services continue to function and perform 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 a Game, provided that it will always match the description of it that we provided before you bought the Game.
7.2. Your access to or use of the Services or certain features of a Game may require you to have an Apple iTunes, Google Play, Steam, Xbox, PlayStation or other account with a third party (any such third party service provider shall be referred to as “TPSP” in these Terms). Your access to and use of a Game may be linked to your TPSP account or other account and you are required to comply with the terms and conditions which apply to any such account in order to use a Game.
7.3. You may require an internet connection, which you must procure at your own expense, to use the Services.
7.4. By installing or using any Game on iOS you agree that the terms below (which we are required by Apple to incorporate) shall apply to that Game:
7.4.1. Acknowledgement: You and we acknowledge that these Terms constitute 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.
7.4.2. Grant of Licence: Subject to, and in consideration of, your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to use the Game and content in the Game for your lifetime on an iOS product which you own or control, and as permitted by the usage rules set forth in the App Store Terms , and in accordance with our Privacy Policy.
7.4.3. 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.
7.4.4. 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.
7.4.5. 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.
7.4.6. 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.
7.4.7. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and that when you accept the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
7.5 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. THIRD PARTY SERVICES
8.1. We may link to, incorporate or use third party software and services such as social networking or sharing features within our Services. 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 Services.
8.2. We may allow other third parties to place adverts within our Services. We do not control the specific content of those adverts. We do, however, have control over the general types of adverts that are placed in the Services to ensure that there are not any inappropriate advertisements. If you have any concerns regarding a specific advert please contact [email protected].
9. ACCOUNTS
9.1. You may need to set up an account in order to use and access some of the Services. 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 your 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 Services or by writing to us at ;
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 Services 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. YOUR CONTENT
User Generated Content
10.1. In the course of playing the Games or accessing other Services we may allow you, and other users, to upload, transmit, create or generate data which may include (without limitation) content like your profile picture, your in-Game text or video chat, in-Game artwork, or other content authored or designed by you (whether or not using a Game’s tools) and other software, graphics, audio, video and other materials (collectively UGC) to upload and share with other users on the Online Service (or use yourself) or to send communications to Bossa or third parties. In connection with the use of the Services and subject to these Terms, you may (and are granted a limited, non- exclusive license and right to) use the software that forms part of the relevant Services to communicate with other users of the Services 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 Bossa all intellectual property rights subsisting in 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 Bossa 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 Services in any manner or media and agree that Bossa may use, publish, edit, modify, commercially exploit and adapt your UGC for any and all purposes relating to the Services and our business.
Bossa and UGC
10.2. The Services are information and entertainment services and ancillary to this Bossa 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 Services are a mere conduit. By installing a Game or using the Services you agree Bossa 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.
10.3. 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 these Terms.
UGC Rules
10.4. You agree and undertake that you are entitled to make available, or post to or transmit to Services UGC and to grant us those rights set out in clause 10.2, and will not make available, or post to or transmit to the Services any statement, material or other UGC, nor use the Services in any way, that:
10.4.1. is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, hateful, discriminatory, obscene, inflammatory or racist;
10.4.2. 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);
10.4.3. 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 Services or gain an unfair edge over other players;
10.4.4. 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;
10.4.5. encourages any violation of these Terms or of a TPSP’s terms of service;
10.4.6. is unlawful, malicious, misleading (including impersonation), discriminatory or which gives rise to civil or criminal liability, or which might call us or any of the Services into disrepute;
10.4.7. 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);
10.4.8. 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 Services or overburden or disrupt any computer or server used by the Services;
10.4.9. may be deemed a marketing or commercial communication;
10.4.10. promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
10.4.11. 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;
10.4.12. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
10.4.13. constitutes, in our reasonable opinion, cheating or misuse of the Services, or an attempt to gain unauthorised access to the Services or parts thereof, or to the accounts of other users or networks or devices; or
10.4.14. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
Notwithstanding the above, some of our Games are an open-world sandbox, foregoing standard tropes and features of other online games. As a result, the experience is, by design, user-lead and free-form in terms of what direction the Game might take. As such we, in our discretion, deem the majority of in-game conduct appropriate. There may be the potential for player versus player interaction in a Game (“PvP”). We may provide in-game solutions for protecting in-game assets, but users should be vigilant and protect themselves from other players who are potential threats to their character. Attacking another player, even repeatedly, is not in itself considered harassment. Certain prolonged cases of harassment (for example only, spawn camping revival chambers) may, in our reasonable opinion, be outside the scope of good sportsmanship and we reserve the right to take such action as we deem appropriate in response to that behaviour.
10.5. If you discover UGC which you believe contravene these Terms, please notify us via the email address .
10.6. In the event that you breach any provision of these Terms we may suspend your access to the Services or part thereof.
10.7. 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. BOSSA 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 SERVICES YOU ACCEPT THAT THIS IS THE CASE AND ACCEPT THAT YOU THEREFORE USE THE SERVICES 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.
11. VIRTUAL GOODS
11.1. This clause applies insofar as the Services permit 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.
11.2. Purchases of Virtual Items are subject to the terms of any TPSP through which your purchase is made. To the extent that this clause 12 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.
11.3. You are entitled to cancel purchases of Virtual Items you make through the Services 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.
To: Bossa Studios Limited, Zetland House, Unit E 2nd Floor, 5-25 Scrutton Street, London EC2A 4HJ |
11.4. You may use Virtual Items solely in connection with permitted use of the Services. 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 Services and subject to your compliance with the rest of these Terms.
11.5. 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 these Terms 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.
11.6. 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.
12. OUR LIMITATIONS OF LIABILITY
12.1. THE SERVICES ARE PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN AS SET OUT IN THESE TERMS.
12.2. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE (I) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (II) THAT ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICES OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (IV) THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED.
12.3. WE SHALL HAVE NO LIABILITY IN RESPECT OF THE CONTENT, TRANSMISSION, RECEIPT, HOSTING, PROCESSING OR OTHER USE OF ANY UGC.
12.4. YOU ACKNOWLEDGE THAT USE OF THE SERVICES OR RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
12.5. NOTHING IN THESE TERMS 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.
12.6. 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 SERVICES 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).
12.7. NOTHING IN THESE TERMS SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
12.8. OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT, WHERE PERMISSABLE BY LAW, SHALL BE LIMITED TO LOSS AND DAMAGE YOU SUFFER THAT IS A REASONABLY FORSEEABLE RESULT OF OUR UNREMEDIED BREACH OF THESE TERMS.
13. TERM AND TERMINATION
13.1. These Terms take effect upon your download, installation and/or use of the Services and remain effective until terminated by either of us. You may terminate these Terms at any time by deleting all copies of the Game from devices on which you have installed it. This Agreement shall automatically terminate if you fail to comply with any term or condition of these Terms. Upon termination you shall cease all use of the Services and delete all copies of the Game.
13.2. The following clauses of these Terms shall survive termination: Clause 5 (Ownership), Clause 12 (Limitation of Liability), Clause 13 (Term and Termination), and Clauses 16-23 (General Provisions).
14. SUPPORT AND CONTACTING US
The Services are provided “as is”. However, if you need any help and support please email and we shall endeavour to assist you.
15. RESTRICTIONS
15.1. You may only use the Services for your personal, private and non-commercial use, and must not:
15.1.1. 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 any of the Services including any Game or Content in any way except as expressly permitted by these Terms;
15.1.2. 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 Services.
15.1.3. create software which replicates or mimics any data or functionality in any of the Services;
15.1.4. remove, disable or circumvent any copy protection software contained on or within any of the Services.
15.1.5. use any of the Services for any illegal or immoral purposes;
15.2. Notwithstanding clause 15.1 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.
15.3. 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.
16. HEALTH AND SAFETY PRECAUTIONS
16.1. Parts of the Services 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 Services 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 Services. If you or they are already using the Services please stop and consult a doctor.
16.2. PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SERVICE:
Please do not:
16.2.1. sit or stand too close to the screen / monitor but sit or stand a safe distance away;
16.2.2. use the Services if you are sick, sleepy, or feel tired, fatigue or discomfort;
16.2.3. play in a room that is not well-lit;
16.2.3. play for too long at any one time. Please take a 10- to 15-minute break every hour.
16.3. Notice to parents and carers:
Please observe children whilst they use the Services. 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.
17. ENTIRE AGREEMENT
These Terms and the Privacy Notice sets out the complete understanding and agreement between us and you in respect of its subject matter and may only be amended or waived in writing by us.
18. NO WAIVER
No waiver by us of any failure by you to comply with or perform a provision of these Terms shall constitute a waiver of any preceding or succeeding failure.
19. ASSIGNMENT
These Terms are personal to you. You may not assign, sub-license, transfer or dispose of your rights or obligations under this agreement.
20. CHANGES TO THIS AGREEMENT
We may change this Agreement 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 Services.
21. SEVERANCE
If any provisions of these Terms are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
22. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION
22.1. Should you have any queries or complaints, please get in touch at: 0207 253 3702, , or Bossa Studios LTD. Zetland House, Unit E 2nd Floor, 5-25 Scrutton Street, London EC2A 4HJ.
22.2. 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.
23. GOVERNING LAW AND JURISDICTION
23.1. Subject always to applicable mandatory consumer protections including those of your country:
23.1.1. in the event of any dispute between you and us regarding this Agreement and/or your use of the Services, the laws of England and Wales will apply; and
23.1.2. 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.