TERMS of SERVICE

Effective Date: 14/06/2016

The terms of this agreement (“Terms of Service”) govern the relationship between you (“your” or “you’ve” or “Client”) and Alpha Innovation Game Studios Ltd. and its affiliates (hereinafter “AIGS Ltd.” or “Us” or “We” or “Our”) regarding your use of AIGS Ltd.’s Games, websites and related Services (the “Service” or “Services” or “Game” or “Games”). Use of the Service is also governed by AIGS Ltd. Privacy Policy, which is incorporated herein by reference.

Before accessing or using the Service, including browsing the AIGS Ltd. website or accessing any Games, you must agree to these Terms of Service and the Privacy Policy. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

BY INSTALLING, USING OR OTHERWISE ACCESSING OUR SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL AND USE OUR GAMES, OR OTHERWISE ACCESS OUR SERVICES. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

AIGS Ltd. reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms of Service on the AIGS Ltd. website. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of our Terms of Service or Privacy Policy relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. LICENSE

1.1 GRANT OF A LIMITED LICENSE TO USE THE SERVICE

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant AIGS Ltd. policies, AIGS Ltd. grants you a non-exclusive, non-transferable, non-sub licensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

You shall not access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or any other payment instrument by minors to purchase the Services of AIGS Ltd. from Third Party Payment Processors.

All payment transactions are processed by the Apple App Store for iOS devices, Google Play Store, Amazon App Store for Android and Steam Store for Windows PC and Apple and OS X and OS X EL Capitan computers. AIGS Ltd. does not process or store any payment information.

You shall not purchase Services using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by AIGS Ltd., or previously been banned from playing any AIGS Ltd. games;

You shall use the Service for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.

2. LICENSE LIMITATIONS

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

Engage in any act that AIGS Ltd. deems to be in conflict with the spirit or intent of the Service or make improper use of AIGS Ltd.’s support services.

Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service of any AIGS Ltd. Game or game experience or without AIGS Ltd.’s express written consent, modify or cause to be modified any files that are a part of the Service or any AIGS Ltd. Games.

Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any AIGS Ltd. game environment.

Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

Attempt to gain unauthorized access to the Service, or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by AIGS Ltd., including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

Associate the Service with or post on Social Media, any information that is abusive, threatening, obscene, defamatory, libelous, contains nudity, excessive violence, or offensive subject matter or that contains a link to such content or is racially, sexually, religiously, or otherwise objectionable or offensive.

Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including AIGS Ltd. Employees and customer service representatives.

Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a AIGS Ltd. employee.

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 Service or any AIGS Ltd. Games, or to obtain any information from the Service or any AIGS Ltd. Games using any method not expressly permitted by AIGS Ltd.

Solicit or attempt to solicit personal information from other users of the Service or any AIGS Ltd. Games or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

AIGS Ltd. reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. AIGS Ltd. reserves the right to take action as a result, which may include prohibiting you from using the Service in whole or in part.

3. OWNERSHIP

3.1 GAMES AND SERVICE

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation are owned by AIGS Ltd. This includes any Game designs by Marcus Quinn in any format whatsoever created before AIGS Ltd. was incorporated as a Limited Company.

AIGS Ltd. reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Games and Services.

3.2 SERVICE DELIVERY

You acknowledge that given the nature of such Services, AIGS Ltd. cannot guarantee that the Services will be uninterrupted or error free.

AIGS Ltd. warrants that it will provide the Services with reasonable care and skill.

The Client acknowledges that the Service gives no warranty or representation that:

The Services will meet the Client's requirements.

The Services will be provided on an uninterrupted timely, secure or error-free basis.

Any results obtained from use of the Services will be accurate, complete or current.

4. VIRTUAL ITEMS

AIGS Ltd. owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in any AIGS Ltd. Games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency whether earned, appearing or originating in any AIGS Ltd. Games.

5. UPDATES TO THE SERVICE

You understand that the Service is an evolving one. AIGS Ltd. may require that you accept updates to the Service and to AIGS Ltd.’s Games that you have installed on your device (mobile phone, tablet or computer). You acknowledge and agree that AIGS Ltd. may update the Service and AIGS Ltd. Games, with or without notifying you. You may also need to update third party software (Apple, Google Play, Amazon and Steam) from time to time in order to receive the Service and play AIGS Ltd.’s Games.

6. PRIVACY

Your privacy is of utmost importance to us. Any of your personal details will only be used by us in accordance with AIGS Ltd. Privacy Policy. If you do not agree with our Terms of Service or Privacy Policy in any way, please refrain from using AIGS Ltd. Services and Games. Thank you.

Please refer to our Privacy Policy for further information.

7. DISCLAIMER OF WARRANTIES

WITHOUT LIMITING AIGS Ltd. LIABILITY UNDER SECTION 7 OF THE TERMS OF SERVICE, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AIGS Ltd. DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAMES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION

AIGS Ltd. SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIGS Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIGS Ltd. SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO AIGS Ltd. IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO AIGS Ltd. DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND AIGS Ltd. EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH AIGS Ltd. IS TO STOP USING THE SERVICE. ANY CLAIMS HOWEVER MUST BE BROUGHT TO OUR ATTENTION WITHIN 28 DAYS OF A GAME PURCHASE. PLEASE NOTE THAT NO REFUND WILL BE PROVIDED IN THE EVENT THAT YOU ARE NOT HAPPY WITH YOUR PURCHASE.

You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that AIGS Ltd. may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of AIGS Ltd.’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF AIGS Ltd.

You agree to indemnify, defend and hold AIGS Ltd. harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

9. INTELLECTUAL PROPERTY

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and You shall not exploit the Service in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that AIGS Ltd. is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to our Services are not available in all languages or in all countries. AIGS Ltd. makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, you do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. AIGS Ltd. and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will AIGS Ltd. be liable for the removal of or disabling of access to any such Services. AIGS Ltd. may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

Although our Games are available only in English, AIGS Ltd. has implemented the Google Translate service within our website. You can use this service free of charge to have their App translated. You acknowledge and accept that this is a static machine translation system which frequently makes mistakes. AIGS Ltd. does not have any responsibility for the accuracy or otherwise of the Google Translate service. You accept that Google Translate is provided under Google’s terms and conditions of service and you should review those terms before using Google Translate.

For further information regarding the Google Translate function incorporated within our website please see the following link.

http://translate.google.co.uk/about/intl/en_ALL/

10. DISPUTE RESOLUTION AND LAW

We have no control over any fees that may be charged by your bank in relation to any Services purchased and exclude all liability in this regard. We may use Third Party Payment Processors to process all payments for our Services. We are not responsible for any failures, delays or errors by a Third Party Payment Processors in processing any payments and exclude any and all liability in this regard. Any inquiries related to transactions or to report suspected fraud, please see the Fraud Guide and contact either the Apple App Store for iOS devices, Google Play Store, Amazon App Store for Android and Steam Store for Windows PC and Apple and OS X and OS X EL Capitan computers depending on who you have purchased our Service through and following their instructions. If, however you’ve contacted one of the Third Party Payment Processors about suspected fraudulent activity and they’ve directed you to AIGS Ltd., then please follow our Fraud Guide for further direction.

If a dispute arises between you and AIGS Ltd. that is not payment related, then we strongly encourage you to first contact us directly to seek a resolution by our website submission form. If you are a resident outside of the United Kingdom, you agree that all disputes between you and AIGS Ltd. shall be governed by the laws of the England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute that you may have against AIGS Ltd. must be resolved exclusively by a court located within MILTON KEYNES, BUCKINGHAMSHIRE, UNITED KINGDOM.

11. SEVERABILITY

You and AIGS Ltd. agree that if any portion of these Terms of Service or of the AIGS Ltd. Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.

12. GENERAL PROVISIONS

12.1 ASSIGNMENT

AIGS Ltd. may assign or delegate these Terms of Service and/or the AIGS Ltd. Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without AIGS Ltd.’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

12.2 SUPPLEMENTAL POLICIES

AIGS Ltd. may publish additional policies related to specific Services such as forums, contests or loyalty programs. Your right to use such Services is subject to those specific policies and these Terms of Service.

13. ENTIRE AGREEMENT

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the AIGS Ltd. Privacy Policy), contain the entire understanding of you and AIGS Ltd. and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

14. NO WAIVER

The failure of AIGS Ltd. to require or enforce strict performance by you of any provision of these Terms of Service or the AIGS Ltd. Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of AIGS Ltd.’s right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by AIGS Ltd. of any provision, condition, or requirement of these Terms of Service or the AIGS Ltd. Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by AIGS Ltd. shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of AIGS Ltd.

15. NOTICES

We may notify you via our website, e-mail or social media or any other communications means. All notices given by you or required from you under these Terms of Service or the AIGS Ltd. Privacy Policy shall be in writing and addressed to AIGS Ltd. at our Registered Office.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

16. EQUITABLE REMEDIES

You acknowledge that the rights granted and obligations made under these Terms of Service to AIGS Ltd. are of a unique and irreplaceable nature, the loss of which shall irreparably harm AIGS Ltd. and which cannot be replaced by monetary damages alone so that AIGS Ltd. shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any AIGS Ltd. Games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claim for monetary damages, limited by Section 7 of Terms of Service (if any).

17. FORCE MAJEURE

AIGS Ltd. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of AIGS Ltd. including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond AIGS Ltd.’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Thank you.

Alpha Innovation Game Studios Ltd. also trading as AIGS Ltd.

Limited Company registered in England and Wales (Company Number 9753375).

Registered Office: AIGS Ltd. DRY BARN HOUSE, CHURCH LANE, WELBY, LINCOLNSHIRE, NG32 3LS.