Effective Date: 14/06/2016
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.
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:
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:
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.
3.1 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:
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.
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.
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.
12. GENERAL PROVISIONS
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
14. NO WAIVER
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.
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.
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.