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LICENCE OF SOFTWARE
These additional terms shall apply to any licence of software (“the Software”) by us to you.
BY USING THE SOFTWARE YOU WILL BE DEEMED TO HAVE READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE SOFTWARE.
1. Licence of the Software
1.1 We grant you a non-exclusive, non-transferable perpetual licence to use the Software for your domestic and private use. You agree not to use the Software for any commercial or business use or in a way that would breach clauses 1.3 and 1.4 of the Terms of Use of the Service above. The Software may not be used or copied without our permission. It may only be used on these licence terms.
1.2 You are permitted to use the Software on a computer over which you have full administrative control (including the right to download, have continued access, host and to allow third parties to access such computer).
1.3 You are not permitted:
1.3.1 to rent, lease, distribute, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile or disassemble the whole or any part of the Software (except as allowed by law);
1.3.2 except as expressly provided in these terms, to use, reproduce or deal in the Software in any way.
1.4 The licence of the Software by us to you under these terms shall automatically terminate without notice if you fail to comply with any of these terms.
2. The Software itself
2.1 We do not warrant that the functions contained in the Software will run properly on all hardware or software combinations nor that it will meet your requirements nor that it will operate in the combinations which may be selected for use by you.
2.2 If you detect any problems with the Software please contact us and we will will give reasonable consideration to a refund of any money paid by you to us. In any event, the cap on our liability to you in connection with the Software shall be the licence fee for the Software paid by you to us.
2.3 Save in respect of liability for personal injury or death resulting from our negligence or for fraud (which by law may not be restricted or excluded) we accept no liability for any claim that may arise regarding the Software and your use of it. Without prejudice to the generality of this exclusion of liability, we will not be liable for any indirect, economic or consequential loss of whatever nature (including, without limitation, loss of data and computer downtime), whether caused by breach of contract, breach of statutory duty, negligence or otherwise.
2.4 For the avoidance of doubt, in no event shall either we or you be liable to the other for any indirect or consequential loss of any nature and howsoever caused.
3. Intellectual Property Rights in the Software
3.1 For the avoidance of doubt, the ownership of whatever nature (including but not limited to, copyright) in the Software belongs to us.
3.2 We shall defend you against any claim that the Software infringes any United Kingdom patent, copyright or trade mark and shall indemnify you for any amounts awarded against you in judgement or settlement of any such claims.
3.3 In no event shall we be liable to you to the extent that the alleged infringement is based on:
a) a modification of the Software by anyone other than us; or
b) your use of the Software in a manner contrary to the instructions given by us to you.
3.4 You agree that we shall be given prompt notice of any claims that are made against you for infringement of any intellectual property rights in the Software. We shall have the right to defend any such claims and to make settlements of them at our discretion and you shall give such assistance as we may reasonably require to settle or oppose any such claims.
4. Assignment
Your rights and obligations set out in these terms in relation to the Software may not be assigned without our prior written consent.
Terms of Use
GEEK BEACH TERMS OF USE OF SERVICE
IMPORTANT NOTICE
Please read these Terms of Use carefully as they are the terms governing your use of the GEEK BEACH service (“the service”). We provide the service only on these Terms of Use and if you do not agree to be bound by them you may not use the service. By registering to use the service you will be deemed to accept these Terms of Use.
We care very much about the standard of the service, and we want to hear from you if you are not satisfied in any way. Please send your comments to help@orelight.com
Your obligations to us
1.1 The service may only be used only for lawful purposes by individuals. YOU MUST BE AGED 13 OR OLDER TO USE THE SERVICE.
1.2 You agree to provide accurate and complete information to us when registering to use the service. You agree that you will comply with any reasonable instructions or directions issued by us from time to time concerning access to the service and that you will only use the service in a manner consistent with these Terms of Use;
1.2.1. By using our service, you agree to allow your username, gameplay and challenge data to be displayed to other users
1.3 You agree that you will not use the service for any unlawful purpose or in breach of any applicable law or regulation. In particular you will not use the service to commit any criminal act or any act constituting infringement of any intellectual property right, or to transmit any material, or take any action, that is blasphemous, obscene, indecent or pornographic or which is of a defamatory, offensive, abusive, or menacing character or which may cause annoyance, inconvenience or needless anxiety to any person.
1.4 You agree that you will not;
1.4.1 cheat in any way, or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the service to the detriment of fair play;
1.4.2 disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the service or (ii) any other player’s experience.
1.4.3 upload files that contain viruses, trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the service or other users' computers.
1.4.4 exploit the service or any of its parts for (i) any commercial purpose or (ii) any purpose that could be considered as cheating within the service.
1.4.5 promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the service.
1.4.6 reproduce, translate, reverse engineer, modify, disassemble or decompile, in whole or in part, or create derivative works of the service, except to the extent permitted by applicable law.
1.4.7 use any emulation software (or any other external software) to access our games in any way. We only support our games when they are being accessed on the official platforms that we release each game on (e.g. Android mobile devices, IOS mobile devices, Amazon mobile devices, Microsoft mobile devices and Facebook).
1.5 You may be able to use your user account and/or user ID of the website or game on which the services are made available as your user account for that particular service. If any of the services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form.
You may also be asked to choose a password and a user name. You may not use a user name that is used by someone else, is vulgar or otherwise offensive (as solely determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms.
You are responsible for maintaining the confidentiality of your account information (including user names and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorised use or theft of your account or any other breach or security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
1.6 You may not buy someone’s account, or sell your account to anyone else. We reserve the right to end your access to the service at any time. You agree to indemnify us against all losses (including, without limitation, legal costs) we may incur as a result of any breach by you of these Terms.
Our obligations to you.
2.1 We will provide you with the service.
2.2 We will observe all relevant UK data protection legislation in relation to the data you provide to us on registration and will only use it for authorised purposes. We will provide the service to you with reasonable care and skill and will use our reasonable endeavours to maintain continuity of service. However, we cannot guarantee that the service will be continuous or error free. We do not accept liability for any special loss or any indirect or consequential loss of any nature (including without limitation any economic loss or other loss of business, production, revenue, profit, goodwill or anticipated savings), whether arising in contract, tort, negligence, breach of statutory duty or otherwise, and whether or not the possibility of such loss arising has been brought to our attention.
2.3 We do not monitor the service all of the time, but we reserve the right to do so. We take no responsibility for material that has not been introduced by us. You acknowledge that you are solely responsible for the form, content and accuracy of any material introduced by you.
Disclaimer
You use the service at your own risk. The service is provided as is and without warranties of any kind either expressed or implied. We disclaim all warranties of merchantability and fitness for a particular purpose to the fullest extent permissible. We do not warrant or make any representations regarding the use of or the result of the use of the material in the service in terms of its correctness, accuracy, reliability, or otherwise. Our maximum liability to you under these terms shall be limited to any amount that you have paid to us.
Termination
3.1 We reserve the right to terminate or suspend your account or your access to any or all of the service at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms.
3.2 In the event your account or access to the services is terminated, suspended or cancelled, whether by you or by us, you will not be entitled to any refund nor will any credits or in-game items (eg points in an online game) be credited to you or converted to cash or other form of reimbursement and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.
3.3 Legally, we are obliged to inform you of a statutory right to cancel your contract (retainer) with us. This right applies if you are a consumer and you made the contract without meeting us at our offices.
3.3.1 You can cancel this contract without giving any reason.
3.3.2 The time limit for such cancellation expires after 14 days from the making of this contract.
3.3.3 To cancel, you must inform us of your decision by a clear statement (such as an email or letter). You may use the form template shown below, but you do not have to use it.
3.3.4. If you cancel, where you have made a payment to us in advance, we will refund such payment to you promptly, less any charges and expenses due to us as a result of you requesting us to start the service without delay.
You are encouraged to print and retain a copy of these terms or save them on your computer for future reference.
Cancellation Form:
(You may use this form to exercise your right to cancel, as described above)
To: Geek Beach
I give notice that I cancel my contract (retainer) for the supply of the service:
_____________________________________________ service
Ordered on:
_____________________________________________ date
Name of consumer(s):
_____________________________________________ your name(s)
Address of consumer(s)
_____________________________________________ address1
_____________________________________________ address2
_____________________________________________ address3
Signature of consumer(s)
_____________________________________________ signature
(only if this form is notified on paper).
Date:
_____________________________________________ date
General
4.1 We reserve the right at any time, in our sole discretion, to make any changes to these Terms. Any changes will be notified to you by e-mail or by publishing the revised Terms on this site. By continuing to use the service you agree to be bound by such changes.
4.2 The information provided in this application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
4.3 Nothing in these Terms is to be interpreted as an attempt to limit or exclude our liability for any personal injury resulting from our negligence, and if you are a consumer, nothing we say affects your statutory rights.
4.4 These Terms are to be interpreted in accordance with English law and, in the event of any dispute, you and we irrevocably submit to the exclusive jurisdiction of the English Courts.
These additional terms shall apply to any licence of software (“the Software”) by us to you.
BY USING THE SOFTWARE YOU WILL BE DEEMED TO HAVE READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE SOFTWARE.
1. Licence of the Software
1.1 We grant you a non-exclusive, non-transferable perpetual licence to use the Software for your domestic and private use. You agree not to use the Software for any commercial or business use or in a way that would breach clauses 1.3 and 1.4 of the Terms of Use of the Service above. The Software may not be used or copied without our permission. It may only be used on these licence terms.
1.2 You are permitted to use the Software on a computer over which you have full administrative control (including the right to download, have continued access, host and to allow third parties to access such computer).
1.3 You are not permitted:
1.3.1 to rent, lease, distribute, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile or disassemble the whole or any part of the Software (except as allowed by law);
1.3.2 except as expressly provided in these terms, to use, reproduce or deal in the Software in any way.
1.4 The licence of the Software by us to you under these terms shall automatically terminate without notice if you fail to comply with any of these terms.
2. The Software itself
2.1 We do not warrant that the functions contained in the Software will run properly on all hardware or software combinations nor that it will meet your requirements nor that it will operate in the combinations which may be selected for use by you.
2.2 If you detect any problems with the Software please contact us and we will will give reasonable consideration to a refund of any money paid by you to us. In any event, the cap on our liability to you in connection with the Software shall be the licence fee for the Software paid by you to us.
2.3 Save in respect of liability for personal injury or death resulting from our negligence or for fraud (which by law may not be restricted or excluded) we accept no liability for any claim that may arise regarding the Software and your use of it. Without prejudice to the generality of this exclusion of liability, we will not be liable for any indirect, economic or consequential loss of whatever nature (including, without limitation, loss of data and computer downtime), whether caused by breach of contract, breach of statutory duty, negligence or otherwise.
2.4 For the avoidance of doubt, in no event shall either we or you be liable to the other for any indirect or consequential loss of any nature and howsoever caused.
3. Intellectual Property Rights in the Software
3.1 For the avoidance of doubt, the ownership of whatever nature (including but not limited to, copyright) in the Software belongs to us.
3.2 We shall defend you against any claim that the Software infringes any United Kingdom patent, copyright or trade mark and shall indemnify you for any amounts awarded against you in judgement or settlement of any such claims.
3.3 In no event shall we be liable to you to the extent that the alleged infringement is based on:
a) a modification of the Software by anyone other than us; or
b) your use of the Software in a manner contrary to the instructions given by us to you.
3.4 You agree that we shall be given prompt notice of any claims that are made against you for infringement of any intellectual property rights in the Software. We shall have the right to defend any such claims and to make settlements of them at our discretion and you shall give such assistance as we may reasonably require to settle or oppose any such claims.
4. Assignment
Your rights and obligations set out in these terms in relation to the Software may not be assigned without our prior written consent.
Terms of Use
GEEK BEACH TERMS OF USE OF SERVICE
IMPORTANT NOTICE
Please read these Terms of Use carefully as they are the terms governing your use of the GEEK BEACH service (“the service”). We provide the service only on these Terms of Use and if you do not agree to be bound by them you may not use the service. By registering to use the service you will be deemed to accept these Terms of Use.
We care very much about the standard of the service, and we want to hear from you if you are not satisfied in any way. Please send your comments to help@orelight.com
Your obligations to us
1.1 The service may only be used only for lawful purposes by individuals. YOU MUST BE AGED 13 OR OLDER TO USE THE SERVICE.
1.2 You agree to provide accurate and complete information to us when registering to use the service. You agree that you will comply with any reasonable instructions or directions issued by us from time to time concerning access to the service and that you will only use the service in a manner consistent with these Terms of Use;
1.2.1. By using our service, you agree to allow your username, gameplay and challenge data to be displayed to other users
1.3 You agree that you will not use the service for any unlawful purpose or in breach of any applicable law or regulation. In particular you will not use the service to commit any criminal act or any act constituting infringement of any intellectual property right, or to transmit any material, or take any action, that is blasphemous, obscene, indecent or pornographic or which is of a defamatory, offensive, abusive, or menacing character or which may cause annoyance, inconvenience or needless anxiety to any person.
1.4 You agree that you will not;
1.4.1 cheat in any way, or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the service to the detriment of fair play;
1.4.2 disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the service or (ii) any other player’s experience.
1.4.3 upload files that contain viruses, trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the service or other users' computers.
1.4.4 exploit the service or any of its parts for (i) any commercial purpose or (ii) any purpose that could be considered as cheating within the service.
1.4.5 promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the service.
1.4.6 reproduce, translate, reverse engineer, modify, disassemble or decompile, in whole or in part, or create derivative works of the service, except to the extent permitted by applicable law.
1.4.7 use any emulation software (or any other external software) to access our games in any way. We only support our games when they are being accessed on the official platforms that we release each game on (e.g. Android mobile devices, IOS mobile devices, Amazon mobile devices, Microsoft mobile devices and Facebook).
1.5 You may be able to use your user account and/or user ID of the website or game on which the services are made available as your user account for that particular service. If any of the services require you to open an account directly with us, you must complete the registration process by providing current, complete and accurate information (including, if required, your email address) as prompted by the applicable registration form.
You may also be asked to choose a password and a user name. You may not use a user name that is used by someone else, is vulgar or otherwise offensive (as solely determined by us), infringes any trademark or other proprietary rights of others, or is used in any way that violates these Terms.
You are responsible for maintaining the confidentiality of your account information (including user names and passwords and billing information) and are responsible for any and all activities that occur under your account. You must notify us immediately of any unauthorised use or theft of your account or any other breach or security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
1.6 You may not buy someone’s account, or sell your account to anyone else. We reserve the right to end your access to the service at any time. You agree to indemnify us against all losses (including, without limitation, legal costs) we may incur as a result of any breach by you of these Terms.
Our obligations to you.
2.1 We will provide you with the service.
2.2 We will observe all relevant UK data protection legislation in relation to the data you provide to us on registration and will only use it for authorised purposes. We will provide the service to you with reasonable care and skill and will use our reasonable endeavours to maintain continuity of service. However, we cannot guarantee that the service will be continuous or error free. We do not accept liability for any special loss or any indirect or consequential loss of any nature (including without limitation any economic loss or other loss of business, production, revenue, profit, goodwill or anticipated savings), whether arising in contract, tort, negligence, breach of statutory duty or otherwise, and whether or not the possibility of such loss arising has been brought to our attention.
2.3 We do not monitor the service all of the time, but we reserve the right to do so. We take no responsibility for material that has not been introduced by us. You acknowledge that you are solely responsible for the form, content and accuracy of any material introduced by you.
Disclaimer
You use the service at your own risk. The service is provided as is and without warranties of any kind either expressed or implied. We disclaim all warranties of merchantability and fitness for a particular purpose to the fullest extent permissible. We do not warrant or make any representations regarding the use of or the result of the use of the material in the service in terms of its correctness, accuracy, reliability, or otherwise. Our maximum liability to you under these terms shall be limited to any amount that you have paid to us.
Termination
3.1 We reserve the right to terminate or suspend your account or your access to any or all of the service at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms.
3.2 In the event your account or access to the services is terminated, suspended or cancelled, whether by you or by us, you will not be entitled to any refund nor will any credits or in-game items (eg points in an online game) be credited to you or converted to cash or other form of reimbursement and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.
3.3 Legally, we are obliged to inform you of a statutory right to cancel your contract (retainer) with us. This right applies if you are a consumer and you made the contract without meeting us at our offices.
3.3.1 You can cancel this contract without giving any reason.
3.3.2 The time limit for such cancellation expires after 14 days from the making of this contract.
3.3.3 To cancel, you must inform us of your decision by a clear statement (such as an email or letter). You may use the form template shown below, but you do not have to use it.
3.3.4. If you cancel, where you have made a payment to us in advance, we will refund such payment to you promptly, less any charges and expenses due to us as a result of you requesting us to start the service without delay.
You are encouraged to print and retain a copy of these terms or save them on your computer for future reference.
Cancellation Form:
(You may use this form to exercise your right to cancel, as described above)
To: Geek Beach
I give notice that I cancel my contract (retainer) for the supply of the service:
_____________________________________________ service
Ordered on:
_____________________________________________ date
Name of consumer(s):
_____________________________________________ your name(s)
Address of consumer(s)
_____________________________________________ address1
_____________________________________________ address2
_____________________________________________ address3
Signature of consumer(s)
_____________________________________________ signature
(only if this form is notified on paper).
Date:
_____________________________________________ date
General
4.1 We reserve the right at any time, in our sole discretion, to make any changes to these Terms. Any changes will be notified to you by e-mail or by publishing the revised Terms on this site. By continuing to use the service you agree to be bound by such changes.
4.2 The information provided in this application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
4.3 Nothing in these Terms is to be interpreted as an attempt to limit or exclude our liability for any personal injury resulting from our negligence, and if you are a consumer, nothing we say affects your statutory rights.
4.4 These Terms are to be interpreted in accordance with English law and, in the event of any dispute, you and we irrevocably submit to the exclusive jurisdiction of the English Courts.