ISSUED BY EXIENT PUBLISHING LIMITED (“EXIENT PUBLISHING”)
Last updated 28 March 2019.
These terms and conditions (“Terms”) of Exient Publishing Limited (“Exient Publishing”, “we”, “us”, “our”) apply and shall have effect in respect of all use of any of our games (each a “Game”) and use of our website https://exientpublishing.com/ (the “Website“).
These Terms are in addition to any applicable terms and conditions of platform providers including without limitation: Apple Inc., Google Inc., Amazon Digital Services, Inc. or any other operators of digital distribution platforms on which our Games may be distributed from time to time (together the “Platform Terms”), as well as any terms which are specific to a particular Game, which are all therefore deemed incorporated into these Terms. Where applicable, the platforms may allow you to get a refund in respect of or in connection with a Game, in some cases. You should contact the platform through which you made a purchase, where applicable, in the event that you desire a refund.
If you don‘t want to or cannot agree to these Terms, then you must not use the Website or buy (where applicable), download, use or play the Games or any content therein. By using the Website or buying (where applicable), downloading, installing, updating, using or playing the Game, or by clicking ‘accept’, ‘start’ or similar (where applicable), you agree to these Terms. Please read the following carefully before using, downloading, purchasing or installing any of our Games, applicable features or content and related online service or using our Website. These Terms may change from time to time. Please check back with us periodically to make sure that you’re aware of the latest version.
You must be at least 13 years old in order to use the Games or our Website (unless an alternative, higher minimum age is expressly specified for the particular Game or Website, in which case you must comply with that alternative age). If you are under the age of 18, you must have your parent or legal guardian’s consent to use the Games and/or Website and your parent or legal guardian must agree to these Terms.
If you break the Terms, we may stop you using the Games and/or our Website, contact you regarding your use of them or exercise other remedies that we have available to us at law or in equity.
1.1 Subject to your compliance with all conditions of these Terms Exient Publishing grants you a non-exclusive, personal, revocable, non-sublicensable, non-transferable, limited licence to use our Games on the relevant platform for your non-commercial, personal use and as permitted in these Terms and the relevant Platform Terms. Similarly, Exient Publishing grants you a non-exclusive, personal, revocable, non-sublicensable, non-transferable, limited licence to use the Website for your non-commercial, personal use and as permitted in these Terms.
1.2 We use our commercially reasonable endeavours to protect our Website, Games and our customers and it is important to us that the Games and our Website is not used in a way which is illegal, unfair or harmful to our rights or those of others. Accordingly, we reserve the right to take any and all actions available to us in respect of conduct violating the spirit of these Terms, and the following list sets out some of the things, without limitation, that you are not permitted to do with any Game (and where applicable our Website):
- do not share, rent, resell, or make available copies of the Game (or any ‘hacked’ versions) or otherwise use the Game or our Website commercially in any way except as expressly permitted by law (such as under “fair dealing” or “fair use” laws);
- do not cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, or use our Games or Website in a way which is not within the spirit intended by our Terms or in a way which may harm the experience of other users of the Games and Website;
- do not modify or adapt the Game or our Website or hack, merge, translate, creative derivatives from the Game or our Website, mimic, disable the Game or our Website or tamper with them;
- do not make public or commercial use, by any means, of any Game or our Website, products or services without our prior written consent;
- do not provide hyperlinks to, or other forms of links to, our Website for obtaining profit or other commercial gain without our express prior written consent;
- do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game or our Website;
- where applicable, do not share any password or security information you use to access the Game or our Website with any other person;
- do not delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trade mark notices or other legal lines or credits) notices in our Games or Website;
- do not do anything (or attempt to do anything) which might disrupt use of the Game or Website by us or other users, or which could threaten, harass or upset other users of the Game or Website community;
- do not make anything available on or through the Game or our Website that violates the rights of third parties (including without limitation their intellectual property or privacy rights); and
- do not use our Games or Website for any unlawful, illegal, immoral or illegitimate means.
1.3 Please be aware that, if you breach these Terms, we reserve our right to suspend, terminate or otherwise take under review the limited licences granted to you hereunder.
- Online Service and user content
Exient Publishing provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to our Games (“Online Service“) subject to these Terms. In connection therewith the following additional terms apply:
2.1 The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with these Terms.
2.2 Exient Publishing is engaged in the business of marketing and publishing our Games and providing the related entertainment services in the form of the Online Service. Ancillary to that it is engaged in the transmission, storage, retrieval, hosting, formatting or translation of your and other third party content, information and / or communications (“User Content”) without selection or alteration of the content of the communication for which it is a mere conduit.
2.3 In connection with the use of our Games and the Online Service ONLY and subject to the terms of these Terms, you may (and are granted a limited, non-exclusive licence and right to) use the software that forms part of our Games and the Online Service to communicate with other users of our Games using the Online Service and post, transmit, communicate and to make available User Content (where we may make that functionality available). The applicable parts of our Games and the Online Service may only be used for such User Content. By doing so you hereby grant to Exient Publishing an unrestricted, transferable, sub-licensable, royalty free, perpetual, irrevocable, non-exclusive right and licence to use and make available any such User Content in connection with our Games in any manner or media.
2.4 To use the Online Service you must be 13 years old or older, or else have your parent’s or guardian’s explicit consent to do so on these Terms. By using the Online Service you therefore confirm that you are 13 years old or older, or else have your parent’s or guardian’s consent (in which case your parent or guardian has read and agreed to these Terms).
2.5 Exient Publishing has no responsibility to review or actively moderate any User Content, all of which is made available on the basis that Exient Publishing shall not be required to exercise any control or judgement of the content or the material posted or contained therein. We may make reporting and ‘flagging’ mechanisms available to you for you to report objectionable User Content to us, and we may then review such reported User Content.
2.6 The views expressed in any User Content are the views of the individual authors and not those of Exient Publishing unless specified otherwise by Exient Publishing. In particular but without limitation to the above Exient Publishing is not responsible for comments, views or remarks expressed in any User Content.
2.7 You agree and undertake that you will not post, communicate, transmit or make available to or through the Online Service any User Content, statement, material, communication or content that:
- is unlawful or which gives rise to civil or criminal liability;
- infringes the intellectual property rights of any third party;
- is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
- is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
- harasses any person;
- may be deemed a marketing or commercial communication or promotes the products or services of any person other than Exient Publishing or our Games;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.
2.8 You further agree that in any activity undertaken following use of and related to your use of our Games or the Online Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Online Service, Exient Publishing or our Games.
2.9 Exient Publishing shall be entitled, but not obliged, to remove, restrict, suspend or alter any user account and any User Content (and the ability to share or create User Content) for any reason in its sole and absolute discretion including because the use or User Content might be unacceptable as described in these Terms.
2.10 If you discover User Content which you believe contravenes these Terms please notify Exient Publishing at the address stated below with details of the page you found it on.
- Online Service accounts
3.1 In order to use the Online Service you may need to register, for which you may need to submit certain information and choose, for example, a username and a password.
3.2 You undertake that all the information supplied during registration is truthful, complete and correct. You can amend your registration details at any time through the Online Service (where we provide that functionality).
3.3 Your account information (including any username and password where applicable) is personal to you in order to enable your use of and access to the Online Service and must not be disclosed to any third party. In the event that you believe your account or account information to have been compromised you must inform Exient Publishing immediately.
3.4 DO NOT SHARE YOUR ACCOUNT INFORMATION WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT.
- Online Service usage
Exient Publishing will:
- use reasonable efforts to make the Online Service available for no less than 3 months from the date on which you download our Games, subject as set out in these Terms; and
- take reasonable precautions to prevent viruses or other malicious software that may infect a user’s equipment, software, data or other property.
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 untrue, unreliable, misleading, unlawful or illegal. The exercise of caution is recommended. Users must take particular care in relation to the disclosure of their own personal information.
- Virtual Items
5.1 As part of and to enhance your use and enjoyment of our Games you may be able to obtain additional features that form part of our Games experience (“Virtual Items”).
5.2 Virtual Items of our Games are also part of a service that may be used subject to these Terms and on the basis of a non-exclusive, personal, revocable, non-sublicensable, non-transferable, limited licence granted to you for your non-commercial, personal use. These Terms shall apply to the Virtual Items and reference to our Games shall include reference to the Virtual Items made available to you.
5.3 These Terms and your use of our Games do not give you any ‘real-world’ rights of ownership in any property whether tangible or intangible (including in any Virtual Item).
5.4 Virtual Items may only be exchanged for other Virtual Items in and as part of our Games only or used and consumed in and as part of our Games (where that functionality is provided).
5.5 Virtual Items include in-Game currencies (“Currency”) which is used in and as part of our Games (where that functionality is provided). Currency has no real-world value including by way of cash value or real-world currency.
5.6 You may obtain or receive Virtual Items (including Currency) free of charge as part of and as a result of your participation in our Games or your interaction with advertising contained in our Games (where that functionality is provided).
5.7 You may also purchase certain Virtual Items. Purchased Virtual Items are still just Virtual Items and, in common with all Virtual Items, have no cash or real-world value.
5.8 When you buy a Virtual Item you are buying a right to use that Virtual Item within, in and as part of our Games only, in accordance with these Terms. These Terms apply to Virtual Items you obtain in the same way they apply to our Games because Virtual Items are part of our Games.
5.9 It is a condition and fundamental term of these Terms and your use of our Games that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way, or facilitate the foregoing, with any Virtual Item outside of our Games or our services or in any way other than as expressly provided above. Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of our Games only (where the functionality is provided).
5.10 It is a further condition and fundamental term of these Terms and your use of our Games that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with other aspect of our Games including your our Games account, password or username.
5.11 Virtual Items that may be purchased are advertised for sale on our Games so that you may offer to purchase them for the price stated in the manner described below.
5.12 When you submit a request to purchase Virtual Items you are offering to purchase them for the price stated (“Order”) and subject to these Terms (including the Platform Terms).
5.13 Exient Publishing cannot guarantee that a particular Virtual Item will always be available or will always be available in the same manner.
5.14 The purchase of a Virtual Item is a service that commences when you the Virtual Item becomes available to use, following which you shall not be entitled to cancel your Order.
5.15 If you cannot use a Virtual Item due to an error or fault, please contact Exient Publishing as set out below and Exient Publishing will endeavour to assist you. If Exient Publishing is unable to do so you may be entitled to a refund.
5.16 Your statutory rights are unaffected by these Terms.
- Apple developer terms
6.1 The following terms of this clause are the terms which Exient Publishing is required by Apple Inc, (“Apple”) to notify you of and obtain your consent in respect of using the iOS version of our Games (whether available on Apple iPad, iPhone and iPod or other device running iOS):
6.2 You and Exient Publishing acknowledge that these Terms are concluded between you and Exient Publishing only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple. You also acknowledge that Apple is not responsible for our Games and the content thereof.
6.3 Exient Publishing is solely responsible for providing support and maintenance for our Games. You and Exient Publishing acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Games.
6.4 You acknowledge that Exient Publishing, and not Apple, is responsible for addressing any claims you may have relating to our Games or your possession and/or use of our Games, including but not limited to: (i) product liability claims; (ii) any claim that our Games fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6.5 You acknowledge that in the event of a third party claim that our Games or your possession and use of our Games infringes that third party’s intellectual property rights, then Exient Publishing shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
6.6 You represent and warrant that (i) you are not located in a country that is subject to a US or UK Government embargo, or that has been designated by the US or UK Government as a “terrorist supporting” country; and (ii) you are not listed on any US or UK Government list of prohibited or restricted parties.
6.7 You acknowledge and agree that Apple are third party’s beneficiaries of these Terms, and that when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
6.8 Exient Publishing uses third party software and services provided in our Games. More information about this can be found in our Privacy and Data Policy.
- Limitations of liability
7.1 Nothing in these Terms shall limit any rights you might have as a consumer under applicable law that may not be excluded or limited under applicable law, nor shall they exclude or limit our liability for death or personal injury resulting from our negligence, our liability for our fraud, fraudulent misrepresentation or fraudulent misstatement. This means that, notwithstanding any other terms in these Terms and without limitation:
- our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
- if a paid-for Game or paid-for Virtual Item is faulty when we deliver it to you, we will try to repair or replace it;
- if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid to use the Game (where applicable); and
- if, as a result of the fault, the Game or Virtual Item damages your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
Other than as mentioned above, and to the extent permitted by applicable law, our overall liability to you is limited to the higher of: (i) the price you paid to use the relevant Game (where applicable); (ii) the sums you spent within our Game within the six (6) month period prior to the relevant date of alleged liability; or (iii) £10.
7.2 The Game and our Website, along with any updates, upgrades and any additional content, are provided “as is”. That means we don’t make any promises to you about the Game or websites other than that we are entitled to grant the rights and licences hereunder, that they will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about the Game or our websites.
7.3 We will use reasonable skill and care to provide the relevant Game and our Website, but cannot guarantee there will not be any errors, bugs or interruptions to them, or that our Games will not cause any problems with your device.
7.4 If we release a version of a Game which is not yet complete, because we want to give you early access, then you will need to bear in mind that it may have some errors, bugs or interruptions.
7.5 Please let us know straight away if you discover any problems with a Game, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with a Game by emailing us here: email@example.com.
8.1 All right, title, interest and ownership rights in our Website, Games and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with our Games, Website and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Exient Publishing or its licensors.
8.2 Our Games and Website are protected by copyright law, international copyright treaties and conventions and other laws.
8.3 All rights are asserted and reserved.
8.4 Our Games and Website may contain certain licensed materials and Exient Publishing licensors may act to protect their rights in the event of any breach of these Terms. All trade marks are the property of their respective owners.
8.5 You may NOT translate, reverse engineer, modify, adapt, disassemble, decompile, merge or create derivative based on our Games unless expressly permitted by applicable law but if you do, the product and all end results of those acts shall belong to, vest in and be the exclusive property of Exient Publishing on creation.
- Operating system and device requirements
9.1 Our Games are compatible with iPhone and iPad devices (for iOS Games) and most Android devices (for Android Games). An internet connection may be required.
9.2 Each Game requires a certain operating system version (or later) and a minimum amount of memory to play the Game. Please review the Game-specific minimum requirements made available to you in the relevant Game description / store page information to ensure that the Game is compatible with your device.
- Termination and service outage
10.1 We may temporarily discontinue any or all Games, Virtual Items, our Website and any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
10.2 We may end your rights to use the Games or and/or Website at any time in the event that you breach these Terms. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for a Game or for Virtual Items, content or services in connection with a Game or Website and your rights have been terminated in accordance with this clause because of your breach of these Terms, we will not refund you.
10.3 We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of a particular Game, Virtual Item and/or the Website. If your use of the Game or Website (including without limitation the Virtual Items therein) was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the Game or for Virtual Items, content or services in connection with a Game or Website, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (for example, where you have had access to the paid-for Virtual Items for over six (6) months in a Game). Where you have not had a reasonable period of opportunity to enjoy the paid-for Game or paid-for Virtual Items, we may offer you a partial or full refund in our discretion acting reasonably.
10.4 Upon termination of your account / profile for any reason, any in-Game or Website rankings or scores, Virtual Items, including virtual currency balances (whether earned or purchased), or scores or information in connection with the Game services will not be retained or accessible. These may not be recoverable by us once they are deleted or made inaccessible.
- Indemnity and remedies
You hereby indemnify, defend and hold harmless Exient Publishing and Exient Publishing’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of our Website or Games (which includes Virtual Items and the Online Service), any User Content and any negligent or improper use of your password and username; and / or any use otherwise than in accordance with the terms of these Terms. You shall fully cooperate with Exient Publishing in the defence of any such claim and Exient Publishing reserves the right, at Exient Publishing’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
- Data protection
12.2 Please take care when disclosing any information about yourself on or through our Website or Games. We cannot control information you choose to provide to other users, where our Website or Games include facilities for you to interact with others. We strongly recommend that you exercise caution, act sensibly and not disclose any information which you do not wish to have disseminated into the wider public internet. Any disclosures of your information by you to other users are made by you at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.
In the event that any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms shall remain in full force and effect.
14.1 These Terms are governed by English law and you can bring proceedings in respect of the relevant Game or these Terms in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the relevant Game in either the Scottish or the English courts.
14.2 Our Games and Website (and each part of them, including the Virtual Items and Online Service) are intended for use and may only be used in countries where all such use is lawful.
14.3 These Terms do not affect any legal rights you may have under the law which cannot be excluded or limited.
14.4 We may change or update these Terms from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of Terms, and you don’t use the update, then the old set of Terms applies, but if you do use the updates or if you use parts of the Game(s) that rely on our ongoing online services then the new Terms will apply. Please check back at http://exientpublishing.com/eula/ from time to time in case of updates to the Terms.
14.5 We may transfer our rights and obligations under these Terms to another organisation. We will let you know if that happens and we will ensure that your rights under these Terms are unaffected. You may not transfer your rights or obligations under these Terms unless we expressly agree to the transfer in writing.
14.6 Except where expressly stated to the contrary in these Terms, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
14.7 Even if we delay in enforcing these Terms and/or our rights, we can still enforce these Terms and/or our rights later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking of any term of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Contact information
All questions, comments or enquiries should be directed by email to Exient Publishing at firstname.lastname@example.org. Exient Publishing will endeavour to respond to any query or questions as soon as reasonably possible (and usually within three business days). Our company information is as follows:
Exient Publishing Limited
Registered company number: C 78780
Registered company address: Vault 2, Pinto Wharf, Valletta Waterfront, Floriana, FRN 1913, Malta
Our Games are fictitious works set in imagined worlds. All characters appearing in our Games are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.
© 2019 Exient Publishing Limited. All rights reserved.