Terms of Service
- By loading, installing, accessing and using our games, applications, content, activities, and services (the “Service”) which are made available through third party social networking websites, such as Facebook, and/or directly by us, you confirm that you have read, understand and agree to be bound by these Terms. If you do not agree with these Terms, you are prohibited from accessing and using the Service.
- You must be 13 years or older in order to use the Service. If you are between 13 and 18 you must seek permission of a parent or legal guardian before using the Service. Parents and legal guardians warrant and represent that they have reviewed and agreed to these Terms.
2. INFORMATION ABOUT US
- We are Gamesys Limited, a company registered in England and Wales under registration number 4042931. Our registered address is 10 Piccadilly, London W1J ODD.
- If you have any questions, complaints or comments on this Service then please contact us at email@example.com . iwi is a division of Gamesys Limited.
- Our VAT number is 853 750 806.
3. PAYMENT AND CREDITS
- Depending on the Service you use you may be given tokens to play (without charge) in order to be able to participate (“free credits”) or you may otherwise be permitted to play for free. Where applicable, a certain number of free credits may be made available to each user (depending on the Service to be used) on a daily basis. We may also award free credits or permit you to use a Service without charge in connection with promotions and as part of any game. We will clarify to you where in certain games it is not possible to roll over free credits from one day to the next (although this may be subject to change, at our discretion), but you may roll over paid credits in this way (see below).
- The Service is free to use until you (i) use up your allocation of free credits; (ii) wish to use additional features or functionality or access different levels of the Service, in which case you may be required to purchase additional credits; or (iii) you are otherwise notified that payment is required in order to participate or access different levels of a Service. Credits which you purchase are referred to as “paid credits” in these Terms and free credits and paid credits are together referred to as “credits”.
- You may be able to purchase or otherwise acquire a single form of credit for use across all of our Services (“coins”). Coins may be changed into Service specific (or “in-game”) credits. However, once a user changes coins for Service specific credits, those credits cannot be changed back into coins for use in other Services.
- When you purchase paid credits or otherwise pay to participate you are responsible for paying all fees and charges including any applicable taxes associated with such purchases and payments. Unless otherwise stated, you may only purchase paid credits or pay to participate using a valid PayPal account, or any other payment method approved by us. By paying to participate, purchasing or otherwise acquiring credits as set out above, you obtain a limited license to access and select from content that we expressly make available as part of the Service.
- Credits, coins and any prizes, awards and achievements (“Prizes”) made available in using the Service are notional credits and Prizes and have no monetary value. Prizes cannot be redeemed or exchanged for cash, property or other items. Credits, coins and payments to participate may only be redeemed for service content or Services provided by us. This is the case whether or not you have paid to participate or purchased paid credits in order to use the Service. Credits cannot be withdrawn, sold or transferred. Payments made in order to participate, coins and paid credits are non-refundable. You are not entitled to a refund for any unused payments, coins or credits, including in the event of closed and cancelled accounts.
4. USER CONTENT RULE
- We may invite you to participate in blogs, message boards, online forums and other functionality through which you will be able to communicate with other users of the Service (“Communication Services”) by submitting various material for public display, in particular (without limitation) comments and messages (“User Content”).
- We reserve the right to review and keep a record of all User Content. We are not under any obligation to display User Content. As a condition of your use of any Communication Services, you agree to adhere to the following rules:
- You agree that you will not submit any User Content, email, transmit or otherwise disseminate any material which is:
- defamatory, obscene, vulgar or indecent; or
- may have the effect of being harassing, threatening, abusive or hateful; or
- that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- which breaches the rights of others (including copyright and other intellectual property rights); or
- would otherwise cause you to breach of these Terms.
- You shall not submit User Content containing statements that advertise, promote or otherwise relate to any other online sites or ventures, discuss illegal activities or post personal details.
- You agree that you will not submit any User Content, email, transmit or otherwise disseminate any material which is:
- We reserve the right to monitor or moderate User Content to check whether it complies with these Terms. You may report a user’s behaviour using the reporting function provided as part of the Service (if any) or any reporting function provided on the social network website you are using to access the Service. However, we are under no obligation to oversee, monitor or moderate User Content or any Communication Service we provide. We recommend that you use the “mute” feature of a Communication Service or turn off any Communication Service (where these options are made available to you) to stop any unwanted User Content.
- We may remove or refuse to display your User Content if it causes you to breach these Terms including any of your promises as set out in this paragraph 4 or for any other reason in our reasonable discretion.
- We expressly exclude our liability for any loss or damage arising from the publication of any User Content or the use of any Communication Service by you in contravention of these Terms, whether the Service is moderated or not.
5. LICENCE OF USER CONTENT
- You grant us a non-exclusive, worldwide, royalty-free, perpetual licence (with rights to sublicense on identical terms and in multiple tiers) to use, exploit, adapt, perform, display, reproduce, communicate to the public and distribute the User Content through any media now or in future known, which includes the right to display the User Content on and in connection with the Service, the right to display the User Content on any other website or other domain accessible via any internet-enabled device, the right to display the User Content in marketing material in relation to the Service and the right to include the User Content in a book or other publication.
- You waive in perpetuity in respect of the User Content the benefits of any provision of law known as moral rights or any similar law in any country (moral rights are certain rights that the owner of a copyright work has in relation to how that work is used).
- You promise to us that you own the User Content and have the right to grant the licence set out in paragraph 5.1 above and that the User Content does not infringe the rights of any third party.
- You promise that any User Content submitted by you does not cause you to breach these Terms including, in particular (without limitation) the promise made by you at paragraph 5.3.
6. RESTRICTIONS ON USE OF SERVICE
- By using the Service (including the Communication Services), you agree that:
- you will comply with all applicable local laws, regulations and rules in the country in which you reside when using the Service;
- you will not use the Service for any purpose other than your personal use;
- you will not use the Service in any way that is unlawful or fraudulent or may lead to the encouragement, procurement or carrying out of any criminal activity;
- you will not use the Service in order to distribute unsolicited communications including ‘spam’ email or other material in non compliance with these Terms;
- You will not transfer to, or use the Service for the purpose of transferring, files that contain viruses, trojans or other harmful programs or otherwise use the Service in any way that may damage or disrupt another’s computer; or access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Service’s security measures.
- If we determine, in our sole and absolute discretion, that you have breached, or reasonably believe that you will breach these Terms, we may:
- immediately withdraw your right (on a temporary or permanent basis) to use the Service;
- immediately (on a temporary or permanent basis) remove any User Content posted or uploaded by you;
- issue of a warning to you;
- issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- take further legal action against you; and/or
- disclose such information to law enforcement authorities as we reasonably feel is necessary.
7. TRADE MARKS AND OTHER INTELLECTUAL PROPERTY
- Your use of the Service and its contents grants no rights to you in relation to our intellectual property rights (including, amongst other things, any copyright, trade marks and other rights in relation to the code, software, logos, designs, images, photographs, animations, videos and text in or on the Service) (“Intellectual Property Rights”) or the rights of third parties in the Service or its contents.
- You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Service or the computer code of elements comprising the Service, other than for your own personal use. Subject to the foregoing, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
- Any use other than that permitted under this paragraph 7.2may only be undertaken with our prior express authorisation in writing.
8. LINKS TO AND FROM OTHER WEBSITES
- We may provide links to third party websites via the Service or permit third party advertisers to display advertisements as part of the Service. Links are provided for your ease of reference and convenience only.
- We do not control third party websites or third party advertisements and are not responsible for their contents. Our inclusion of links and advertisements does not imply any endorsement of the material contained in such websites or advertisements or any association with their operators.
- You should read the terms and conditions and privacy policies of any third party websites or applications accessed via links or advertisements displayed via the Service.
9. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
- Nothing in these Terms shall exclude or limit our liability for:
- fraud or fraudulent misrepresentation; or
- death or personal injury resulting from our negligence or the negligence by us, our employees or agents;
- or any other matter which cannot be excluded or limited by law.
- Subject to paragraph 9.1 and to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the Service (including any materials posted on it) including:
- any loss or damage to your computer system;
- loss of data;
- loss of income or revenue;
- loss of business; or
- loss of profits or contracts
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
- We cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
- Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that any information provided as part of the Service itself will be free from errors or omissions.
- While every effort is made to reliably provide the Service, outages and unexpected downtime will occur. We do not make any guarantee of uninterrupted service. In particular, lost credits, coins and tickets may occur from time to time. Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control (including outages or software errors that result from actions taken by social networking websites).
- The material displayed through our Service is provided without any guarantees, conditions or warranties as to its accuracy. Commentary and other materials posted as part of the Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the Service, or by anyone who may be informed of any of its contents.
- We reserve the right to discontinue, withdraw, terminate or modify the Service or any part of the Service at any time with or without notice or further liability to you.
- You agree to indemnify and hold us and any member of the Gamesys Group harmless from any claims, proceedings, actions or demands including reasonable legal fees made by any third party due to or arising out of your breach of these Terms or your violation of the rights of another. You agree that the provisions in this paragraph will survive any termination of your access to the Service.
11. GOVERNING LAW AND JURISDICTION
- The English courts will have exclusive jurisdiction over any claim arising from, or related to, your use of the Service.
- These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
- If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
13. TERMS AND AMENDMENT
- These Terms shall be valid from the first time that you become a user of the Service until such time as you cease being a user or until such time as we may amend them at which time the amended Terms shall apply. We reserve the right to change these Terms at any time. Such changes shall have effect immediately upon publication on the Service and you agree to be bound by them and to regularly review these terms for the purposes of monitoring such changes. Your continued use of the Services shall be deemed irrevocable acceptance of those revisions. If you don’t agree to the changes, you should stop using the Service. These Terms were last updated on 31 March 2010, (Version 1.0). We recommend that you print out a copy of these Terms.