Standard Game Terms
Last updated 21 May 2018
THESE TERMS AND CONDITIONS (“TERMS”) APPLY AND SHALL HAVE EFFECT IN RESPECT OF ALL USE OF ANY OF OUR GAMES (EACH A “GAME”) OR OUR WEBSITE AT https://www.eightpixelssquare.com AND ANY OTHER EIGHTPIXELSSQUARE.COM OR EIGHTPIXELSSQUARE.COM SUB-DOMAINS (THE “WEBSITES”). THESE TERMS ARE IN ADDITION TO ANY APPLICABLE TERMS AND CONDITIONS OF 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. 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 WEBSITES.
1.1. The Websites contain some background information about our Games, what we do, and how to contact us to find out more information, including in relation to potential career openings.
1.2. You may not deploy within any of our Websites any bot, spider, web crawler or other automated query program at any time for any reason. We prohibit scraping, crawling, caching or otherwise accessing any content on the Websites. The use of automated systems or software to extract data from the Websites for commercial purposes, (‘screen scraping’) is prohibited unless you have a written licence agreement with us which permits you to do so.
1.3. Any material you send or post to any Website (excluding personal data (as defined in the GDPR)) which shall be dealt with in accordance with our Privacy and Cookies Policy https://www.eightpixelssquare.com/privacy-policy/ shall be considered neither confidential nor proprietary. We shall have no obligations with respect to such material and shall be free to host, display and otherwise use such material for any purpose anywhere in the world.
1.4 The Websites and their content (including all articles, photographs, images, text, fonts, our name and logo, and designs) is owned by us and our licensors (unless indicated otherwise) and is protected by copyright, trade marks (both registered and unregistered), database rights, design rights and other intellectual property rights.
1.5. You may view, retrieve and display the content of any Website on a computer screen or other device which connects to the internet or print such copies of such content for your own internal business use, provided you;
1.5.1 keep intact all and any copyright and proprietary notices; and
1.5.2 do not otherwise reproduce, copy, distribute, resell or otherwise use it for any other purpose.
1.6. If you wish to reproduce any of our Website content outside your own internal business use (including as part of any company website) please contact us at [email protected]. Permission to reproduce any of our content is at our sole discretion.
2.1. We make no promise that any particular Website will meet your requirements. We cannot guarantee that the Websites will be fault-free. If a fault occurs with any Website you should report it to [email protected] and we will attempt to correct the fault as soon as we reasonably can. Your access to the Websites may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the applicable Website as soon as we reasonably can.
2.2. We do not guarantee that our Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Websites. You should use your own virus protection software.
3.1. The Websites may contain links to other websites or material that are beyond our control. We are not responsible for the content on any third party website.
3.2. The Websites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Websites comply with applicable laws and industry codes of practice. We are not liable to you for any error or inaccuracy in advertising and sponsorship materials or for any loss of any kind which you suffer as a result of such advertising or sponsorship.
4.1 Subject to your compliance with all conditions of these Terms, Eight Pixels Square grants you a non-exclusive, personal, revocable, non-transferable license to use our Games as permitted by the relevant Platform Terms.
4.2 You must not
4.2.1 use, copy, transfer or distribute our Games or part of them (including by making our Games available on any distribution platform or website) except as expressly permitted by these Terms;
4.2.2 modify, adapt, merge, translate, decompile, disassemble, or reverse engineer our Games;
4.2.3 remove, modify, or tamper with any copyright, trademark or other notice;
4.2.4 use our Games for any illegal, unlawful or immoral purposes.
5.1 Eight Pixels Square 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:
5.1.1 The Online Service is for personal use only, on an “as is” basis and all use must be in accordance with these Terms.
5.1.2 Eight Pixels Square 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.
5.1.3 In connection with the use of our Games and the Online Service ONLY and subject to the terms of these Terms, you are granted a limited, non-exclusive license 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. 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 Eight Pixels Square 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.
5.1.4 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 in accordance with 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 and you confirm that they have done so and are agreeing to these Terms on your behalf).
5.1.5 You agree and accept that Eight Pixels Square has no responsibility to review any User Content all of which is made available on the basis that Eight Pixels Square shall not be required to exercise any control or judgement relating to the content or the material posted or contained therein.
5.1.6 The views expressed in any User Content are the views of the individual authors and not those of Eight Pixels Square unless specified otherwise by Eight Pixels Square. In particular, but without limitation to the above, Eight Pixels Square is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content.
5.1.7 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:
5.2 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, Eight Pixels Square or our Games.
5.3 Eight Pixels Square shall be entitled 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.
5.4 If you discover User Content which you believe contravenes these Terms please notify Eight Pixels Square at the address stated below with details of the page you found it on.
6.1 In order to use the Online Service you may need to register, for which you may need to submit certain information and choose a username and a password. Further details on what information we collect and how we use this information is set out in our Privacy and Cookies Policy https://www.eightpixelssquare.com/privacy-policy/.
6.2 You undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you have supplied is incomplete or incorrect the indemnity below will apply.
6.3 You accept and understand that you are obliged to ensure that all information held about you by Eight Pixels Square is up to date and that you can amend your registration details at any time through the Online Service.
6.4 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.
6.5 In the event that you believe your account or account information to have been compromised you must inform Eight Pixels Square immediately.
6.6 You agree that you are and shall remain responsible for maintaining the confidentiality of your account information and username.
6.7 You accept and understand that you are solely liable for any use of the Online Service undertaken by use of your account.
6.8 DO NOT SHARE YOUR ACCOUNT INFORMATION WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. EIGHT PIXELS SQUARE IS NOT LIABLE FOR ANY NEGLIGENT OR IMPROPER USE OF YOUR ACCOUNT INFORMATION OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
6.9 By using the Online Service you confirm that you have the necessary hardware, software and capability required to do so and that Eight Pixels Square shall have no liability in relation to hardware, software or anything else required to make use of our Games or Online Service.
7.1 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”).
7.2 Virtual Items of our Games are also part of a service that may be used subject to these Terms and on the basis of the licence granted by these Terms. These Terms shall apply to the Virtual Items and reference to our Games shall include reference to the Virtual Items made available to you.
7.3 These Terms and your use of our Games do not give you any rights of ownership in any property whether tangible or intangible (including in any Virtual Item).
7.4 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.
7.5 Virtual Items include in game currencies known as Cash (“Cash”) and Gold (“Gold”) each of which is used in and as part of our Games.
7.6 You may obtain or receive Virtual Items (including Cash and Gold) 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.
7.7 You may also purchase certain Virtual Items such as Gold, however Gold and other purchased Virtual Items are still just Virtual Items and in common with all Virtual Items have no cash or real world value once purchased.
7.8 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.
7.9 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 with any Virtual Item (including Gold) outside of our Games or in any way other than as expressly provided above, namely that certain Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of our Games only.
7.10 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 Game account, password and/or username.
7.11 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.
7.12 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).
7.13 Eight Pixels Square cannot guarantee that a particular Virtual Item will always be available or will always be available in the same manner. Eight Pixels Square will not be liable for any consequences of the availability or use (or misuse) of any Virtual Item or its impact on your use of our Games.
7.14 The purchase of a Virtual Item is a service that commences when the Virtual Item becomes available to use, following which you shall not be entitled to cancel your Order.
7.15 If you cannot use a Virtual Item due to an error or fault, please contact Eight Pixels Square as set out below and Eight Pixels Square will endeavour to assist you. If Eight Pixels Square is unable to do so you may be entitled to a refund.
7.16 Your statutory rights are unaffected by these Terms.
8.1 All right, title, interest and ownership rights in our 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 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 Eight Pixels Square or its licensors.
8.2 Our Games 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 may contain certain licensed materials and Eight Pixels Square 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 works 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 Eight Pixels Square on creation.
9.1 Eight Pixels Square warrants that:
9.1.1 it will use reasonable efforts to make the Online Service available for 3 months from the date on which you download our Games, subject to the provisions set out in these Terms;
9.1.2 it is entitled to grant the rights and licences hereunder; and
9.1.3 it will take reasonable precautions to prevent viruses or other malicious software that may infect a user’s equipment, software, data or other property.
9.2 Eight Pixels Square 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.
9.3 Except as explicitly provided in these Terms, Eight Pixels Square makes no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law. Eight Pixels Square does not warrant that the operation of our Games will be uninterrupted or error free or that errors can be corrected. You install and use our Games at your own risk.
9.4 To the maximum extent permitted by law, Eight Pixels Square gives no warranty in connection with the Online Service, the Games and/or the Websites, and excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss or loss of profits or data, loss of goodwill, computer failure or malfunction, loss of business, or loss of information – whether or not such arises out of any problem you notify to Eight Pixels Square – and Eight Pixels Square shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
9.4.1 the availability of the Online Service, Games and/or the Websites;
9.4.2 the use of or inability to use the Online Service, Games and/or the Websites
9.4.3 any incorrect or inaccurate information on the Online Service, Games and/or the Websites and all errors, interruptions to or delays in updating the Online Service, Games and/or the Websites;
9.4.4 the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Online Service, Games and/or the Websites;
9.4.5 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s equipment, software, data or other property caused by persons accessing, using or downloading the Online Service, Games and/or the Websites, or from transmissions via emails or attachments received from Eight Pixels Square or its licensees;
9.4.6 the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties (“External Sites”) to which the Online Service, Games and/or the Websites link 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 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;
9.4.7 any use of the Games or Online Service for commercial use or use in a commercial environment;
9.4.8 any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if our Online Service, Games and/or Websites have been modified in any manner (other than by us or our licensors);
9.4.9 all representations, warranties, conditions and other terms which but for this notice would have effect.
You use the Online Service, Games and/or the Websites at entirely your own risk. In particular in relation to the Online Service, 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. Eight Pixels Square has no way of telling if statements made by other users are true. This is a decision that can only be made by you and the exercise of some degree of caution is recommended. By using the Online Service and its parts you accept that this is the case and accept the risk associated with it. Users must take particular care in relation to the disclosure of their own personal information.
9.5 Eight Pixels Square’s total liability in relation to any dispute arising out of or in relation to these Terms (including any non-contractual disputes or claims) will be limited to the value of any purchases you make during the period of 6 months prior to such loss and damage arising.
10.1 Without prejudice to any other remedies you may have, if in our opinion you have breached or are likely to breach these Terms you may be banned from the Websites, Games and/or Online Service and we may take steps to prevent you from using them.
10.2 THESE TERMS SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT EIGHT PIXELS SQUARE’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION OR FRAUDULENT MISSTATEMENT.
11.1 The following terms of this clause are the terms which Eight Pixels Square 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):
11.2 You and Eight Pixels Square acknowledge that these Terms are concluded between you and Eight Pixels Square 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.
11.3 Eight Pixels Square is solely responsible for providing support and maintenance for our Games. You and Eight Pixels Square acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Games.
11.4 You acknowledge that Eight Pixels Square, 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.
11.5 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 Eight Pixels Square shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
11.6 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.
11.7 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.
11.8 Eight Pixels Square uses third party software and services provided in our Games (explained above). Use of our Games are therefore subject also 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 our Games. More information about this can be found in our Privacy and Cookies Policy https://www.eightpixelssquare.com/privacy-policy/.
12.1 You hereby indemnify, defend and hold harmless Eight Pixels Square and Eight Pixels Square’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 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 these Terms. You shall fully cooperate with Eight Pixels Square in the defence of any such claim and Eight Pixels Square reserves the right, at Eight Pixels Square’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
13.1 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 We reserve the right to amend, vary or update these Terms from time to time as we see fit. It is your responsibility to check the Terms each time you use any Website, Games and/or Online Service to ensure that you have read and understood the most recent version of these Terms. We will post an updated version of the Terms on the Websites and may also give you additional notice of any amendment to these Terms by way of an email to you or by way of other messaging within the Games and/or Online Service. Your continued use of the Websites, Games and/or Online Service (as applicable) after the new Terms have been posted on our Websites or otherwise been made available to you shall be deemed an acceptance by you of the revised terms. If, at any time, you do not agree with any part of our Terms (including our Privacy and Cookies Policy) or any other rules of use governing your use of the Websites, Games and/or Online Service, you must immediately stop using the Websites, Games and/or Online Service.
15.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use our Games (including the Virtual Items and Online Service), these Terms are subject to English Law.
15.2 In the event that English Law cannot apply in the country you obtained or use our Games, local law will apply.
15.3 Our Games (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.
For the purpose of the GDPR, the data controller is Mobile Gaming Studios Ltd
Registered company number: 08324771
Registered company address: Derby West Business Centre Ashbourne Road, Mackworth, Derby, DE22 4NB
All questions, comments or enquiries should be directed by email to Eight Pixels Square at [email protected]. Eight Pixels Square will endeavour to respond to any query or questions within two business days.
© 2018 Mobile Gaming Studios Limited
EIGHT PIXELS SQUARE and the trade marks of any of our Games, (and their respective logos) are trade marks or registered trade marks of Mobile Gaming Studios Limited. No other person, organisation, business, company or association endorses or is associated or connected with our Games. Other brand, product, service or organisation names are the trade marks of their respective owners. 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.