| Language: |
END USER LICENCE AGREEMENT
Issued by Futuresalt Entertainment Ltd (“FE”, “Futuresalt Entertainment”, “we” or “us”)
This end user licence agreement (“EULA”) applies to and governs all use of SOLOMON SNOW: FIRST CONTACT (the “Game”) on platforms including without limitation (depending on the purchase / transaction undertaken), PC or/and Mac. This EULA also governs use of our website, where this EULA is made available on such site (the “Website”). The Game and Website may be referred to herein as the “Service”.
Please read the following carefully before using, downloading, purchasing or installing the Game (which includes any Virtual Items) or using the Website. By doing any of the foregoing, you are agreeing to be bound by and become a party to this EULA which can be found on our Website. If you do not agree with the terms of this EULA, you may not use, download or install the Game (including any Virtual Items) or use the Website.
Futuresalt Entertainment Ltd is a company registered in England with our registered office at Office 240b, 182-184 High Street North, London, United Kingdom, E6 2JA. If you have any queries concerning this EULA you may contact us at eula@futuresaltentertainment.com.
Limited Use Licence
FE hereby grants a limited, non-exclusive, non-transferable and non-assignable licence to you for you to download, install (if applicable) and use the Game (for premium / paid-for games, being only for the platform you purchased the Game for) for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. The foregoing licence includes Game Virtual Items, where applicable (and only where purchased, if premium / purchasable). Further, FE grants you a limited, non-exclusive right and licence to use the Website for your personal, non-commercial use. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-licence or otherwise transfer it to someone else) and does not give you any ownership rights in the Game.
The Game comprises of copyright works of FE and/or its licensors. The Game is licensed, not sold. The licence granted to you by Clause 1.1 confers no title or ownership in the Game or Website. The Game and Website are solely for personal, non-commercial use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game or Website not in accordance with the terms of this EULA is expressly prohibited.
End User Obligations.
You must not do any of the following with the Game except to the extent expressly permitted by this EULA:
sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way (except where a Game expressly permits you to do so through sharing content in that Game / on social media);
engage in any act that FE deems to be in conflict with the spirit or intent of the Game including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
attempt to gain unauthorised access to the Game or Website or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by FE; or
use the Game or Website for any illegal or immoral purposes.
Ownership
All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Game or Website and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Website or Game are owned by, belong to and vest in FE and its licensors.
The Game and/or the Website may contain certain licensed materials licensed by third parties to FE. All trademarks and other rights are the property of their respective owners.
The Game, Website and/or Virtual Items may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law.
Termination.
This EULA and the licences granted by it are effective until terminated.
We may temporarily discontinue the Website, Game or Virtual Item, 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.
You may terminate this EULA at any time and for any reason by deleting and removing the Game from your device.
FE may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. FE may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from any Service. FE reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULA and/or Website and/or the Game. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
Without prejudice to the other provisions in this EULA, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:
if your use of the relevant Game (including without limitation Virtual Items) was provided to you free of charge, you will not be entitled to any compensation or any refund; and
if you paid for a Game and/or Virtual Items therein, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (by way of example only, where you have had access to enjoy the in-game, paid-for Virtual Items for over six (6) months). 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. Following termination of this EULA in the case of a Game for any cause, you will no longer be permitted to use the Game (nor use the Virtual Items in connection therewith) and you will be required to delete the Game from your device. Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Game user account (where applicable for each Game) may thereafter be deleted and/or become inaccessible.
Warranty and Limitation of Liability.
FE WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
THE GAME (INCLUDING WITHOUT LIMITATION ANY VIRTUAL ITEMS THEREIN) WILL BE OF SATISFACTORY QUALITY.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE GAME (INCLUDING WITHOUT LIMITATION VIRTUAL ITEMS THEREIN), AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
FE ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
SUBJECT TO CLAUSE 5.3, FE AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO £50;
FE AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE WEBSITE OR GAME AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL, IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE); AND
FE DOES NOT GUARANTEE THAT THE OPERATION OF THE WEBSITE OR GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, OR THAT THE WEBSITE OR GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY FE’S NEGLIGENCE.
AGE RESTRICTIONS
FE does not target the Website or the Game to users under 13 years of age. To use the Game or Website you must be both: (a) of an age which meets the minimum age certification requirement of the Game in the territory you are in (where applicable); and (b) in any event, you must be over the age of 13 years. By using the Game or Website you therefore confirm that you are over 13 years of age and, where you are under 18, you confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.
USER RULES
You further agree that you will not in any way conduct yourself in a manner which is illegal or which gives rise to civil or criminal liability or which might call into disrepute FE or the Game.
If you feel that the behaviour of another user breaches this EULA then please let FE know by sending an email to eula@futuresaltentertainment.com with details of the potential breach and/or the user responsible. FE will take reasonable steps to deal with any breach.
VIRTUAL ITEMS
As part of and to enhance your use and enjoyment of the Game you may be able to obtain additional features and digital content that form part of the experience of the Game (“Virtual Items”).
Virtual Items are gameplay features of the Game, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Game only, in accordance with this EULA.
Purchases of Virtual Items are subject to this EULA and the terms of any third party app store through which your purchase is made. Purchases are made via permitted third party stores, such as Steam and not via FE. To the extent that this EULA conflicts with such agreement between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the third party app store shall prevail.
To cancel a purchase of any Virtual Items you should contact the platform through which you made that purchase. If you cannot use Virtual Items due to an error or fault, you may still be charged. If this happens, please contact FE and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the platform through which you made that purchase.
Virtual Items that may be purchased (e.g. through permitted stores such as Steam) may be advertised in the Game.
Without limiting Game and Virtual Item purchases from FE’s permitted stores, it is a condition and fundamental term of this EULA and your use of the Game that you must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Virtual Item outside of the Game (such as on unauthorised item trading sites) 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 the Game only and where that functionality is made available by FE.
Subject to Clause 4, FE may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). Subject to clause 4, FE shall have no liability to you or any third party in the event that FE exercises such rights. Your statutory rights which cannot be limited or excluded are unaffected by this clause 8.
When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
Please notify FE immediately if you dispute a transaction involving Virtual Items that believe that any transaction is unauthorised.
Your statutory rights which cannot be limited or excluded are unaffected by this Clause 8.
Consumer Rights AND ALTERNATIVE DISPUTE RESOLUTION
This EULA shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint you may, you may want to consider an alternative dispute resolution provider. The European Commission provides a platform for online dispute resolution which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an alternative dispute Resolution service.
Indemnity and Remedies
You hereby indemnify (agree to compensate), defend and hold harmless FE and FE’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 lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Website or the Game (which also includes Virtual Items), and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with FE in the defence of any such claim and FE reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
You further agree that the subject matter of this EULA is of a unique character with special value and that FE would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that FE shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as FE may otherwise have available to it under applicable laws.
FE’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
Right to withdraw
Where you purchase Virtual Items from a digital store (e.g. Steam) and you require a refund, that third party store may allow you to get a refund in some circumstances, you should contact the third party through which you made a purchase, where applicable, in the event that you desire a refund. If you make a digital content purchase from FE directly, you are entitled to cancel the purchase within 14 days and to receive a full refund (your “withdrawal right”). However, where you agree that we may begin to supply you with the digital content before the end of that period, then you will no longer be entitled to change your mind about the purchase and obtain a refund. If you have made a purchase from FE, have not begun using the content and wish to exercise your withdrawal right you can contact us by email or post using the following form: To: Futuresalt Entertainment Ltd Office 240b, 182-184 High Street North, London, United Kingdom, I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], for game [INSERT GAME NAME], ordered on [INSERT DATE]. From: [YOUR NAME] [YOUR ADDRESS] [YOUR EMAIL Date: [DATE].
DEVICE AND INTERNET REQUIREMENTS You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system capabilities and memory in order to, as each are applicable, download, install, play and store the Game (and where applicable, Virtual Items). Further information about system requirements for each Game is available on the Game’s relevant store / vendor page (e.g. the Game information page on Steam, for the PC Steam version).
DATA PROTECTION Please be aware that any personal data you supply to us when using the Services will be used by us in accordance with our Privacy and Cookie Policy. Please read our Privacy and Cookie Policy carefully.
CHANGES TO THIS EULA We may update the terms of this EULA from time to time for any reason by posting the updated version to our website (and/or in-game, if we provide you with this EULA there) but changes to the EULA take effect only where they are permitted by law and made available to you for your agreement. Every time you launch the Game on your device, install or otherwise use the Game, Website or Virtual Items you are deemed to have accepted the latest version of this EULA in place at that time. Please check on our website (and/or in-game, if we provide you with this EULA there) for any updates to the EULA each time you launch the Game on your device.
GENERAL
This EULA constitutes the entire agreement between FE and you in respect of its subject matter.
Even if we delay in enforcing this EULA and/or our rights, we can still enforce this EULA and/or our rights later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking of any term of this EULA, 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.
We may transfer our rights and obligations under this EULA to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens, and we will ensure that your rights under this EULA are unaffected. You may not transfer your rights or obligations under this EULA unless we expressly agree to the transfer in writing.
In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties’ intentions and the remaining portions of this EULA shall, in any event, remain in full force and effect.
This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. 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.
Issued by Futuresalt Entertainment Ltd (“FE”, “Futuresalt Entertainment”, “we” or “us”)
This end user licence agreement (“EULA”) applies to and governs all use of SOLOMON SNOW: FIRST CONTACT (the “Game”) on platforms including without limitation (depending on the purchase / transaction undertaken), PC or/and Mac. This EULA also governs use of our website, where this EULA is made available on such site (the “Website”). The Game and Website may be referred to herein as the “Service”.
Please read the following carefully before using, downloading, purchasing or installing the Game (which includes any Virtual Items) or using the Website. By doing any of the foregoing, you are agreeing to be bound by and become a party to this EULA which can be found on our Website. If you do not agree with the terms of this EULA, you may not use, download or install the Game (including any Virtual Items) or use the Website.
Futuresalt Entertainment Ltd is a company registered in England with our registered office at Office 240b, 182-184 High Street North, London, United Kingdom, E6 2JA. If you have any queries concerning this EULA you may contact us at eula@futuresaltentertainment.com.
Limited Use Licence
FE hereby grants a limited, non-exclusive, non-transferable and non-assignable licence to you for you to download, install (if applicable) and use the Game (for premium / paid-for games, being only for the platform you purchased the Game for) for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. The foregoing licence includes Game Virtual Items, where applicable (and only where purchased, if premium / purchasable). Further, FE grants you a limited, non-exclusive right and licence to use the Website for your personal, non-commercial use. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-licence or otherwise transfer it to someone else) and does not give you any ownership rights in the Game.
The Game comprises of copyright works of FE and/or its licensors. The Game is licensed, not sold. The licence granted to you by Clause 1.1 confers no title or ownership in the Game or Website. The Game and Website are solely for personal, non-commercial use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game or Website not in accordance with the terms of this EULA is expressly prohibited.
End User Obligations.
You must not do any of the following with the Game except to the extent expressly permitted by this EULA:
sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way (except where a Game expressly permits you to do so through sharing content in that Game / on social media);
engage in any act that FE deems to be in conflict with the spirit or intent of the Game including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
attempt to gain unauthorised access to the Game or Website or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by FE; or
use the Game or Website for any illegal or immoral purposes.
Ownership
All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Game or Website and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Website or Game are owned by, belong to and vest in FE and its licensors.
The Game and/or the Website may contain certain licensed materials licensed by third parties to FE. All trademarks and other rights are the property of their respective owners.
The Game, Website and/or Virtual Items may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law.
Termination.
This EULA and the licences granted by it are effective until terminated.
We may temporarily discontinue the Website, Game or Virtual Item, 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.
You may terminate this EULA at any time and for any reason by deleting and removing the Game from your device.
FE may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. FE may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from any Service. FE reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULA and/or Website and/or the Game. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
Without prejudice to the other provisions in this EULA, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:
if your use of the relevant Game (including without limitation Virtual Items) was provided to you free of charge, you will not be entitled to any compensation or any refund; and
if you paid for a Game and/or Virtual Items therein, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (by way of example only, where you have had access to enjoy the in-game, paid-for Virtual Items for over six (6) months). 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. Following termination of this EULA in the case of a Game for any cause, you will no longer be permitted to use the Game (nor use the Virtual Items in connection therewith) and you will be required to delete the Game from your device. Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Game user account (where applicable for each Game) may thereafter be deleted and/or become inaccessible.
Warranty and Limitation of Liability.
FE WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
THE GAME (INCLUDING WITHOUT LIMITATION ANY VIRTUAL ITEMS THEREIN) WILL BE OF SATISFACTORY QUALITY.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE GAME (INCLUDING WITHOUT LIMITATION VIRTUAL ITEMS THEREIN), AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
FE ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
SUBJECT TO CLAUSE 5.3, FE AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO £50;
FE AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE WEBSITE OR GAME AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL, IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE); AND
FE DOES NOT GUARANTEE THAT THE OPERATION OF THE WEBSITE OR GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, OR THAT THE WEBSITE OR GAME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY FE’S NEGLIGENCE.
AGE RESTRICTIONS
FE does not target the Website or the Game to users under 13 years of age. To use the Game or Website you must be both: (a) of an age which meets the minimum age certification requirement of the Game in the territory you are in (where applicable); and (b) in any event, you must be over the age of 13 years. By using the Game or Website you therefore confirm that you are over 13 years of age and, where you are under 18, you confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.
USER RULES
You further agree that you will not in any way conduct yourself in a manner which is illegal or which gives rise to civil or criminal liability or which might call into disrepute FE or the Game.
If you feel that the behaviour of another user breaches this EULA then please let FE know by sending an email to eula@futuresaltentertainment.com with details of the potential breach and/or the user responsible. FE will take reasonable steps to deal with any breach.
VIRTUAL ITEMS
As part of and to enhance your use and enjoyment of the Game you may be able to obtain additional features and digital content that form part of the experience of the Game (“Virtual Items”).
Virtual Items are gameplay features of the Game, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Game only, in accordance with this EULA.
Purchases of Virtual Items are subject to this EULA and the terms of any third party app store through which your purchase is made. Purchases are made via permitted third party stores, such as Steam and not via FE. To the extent that this EULA conflicts with such agreement between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the third party app store shall prevail.
To cancel a purchase of any Virtual Items you should contact the platform through which you made that purchase. If you cannot use Virtual Items due to an error or fault, you may still be charged. If this happens, please contact FE and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the platform through which you made that purchase.
Virtual Items that may be purchased (e.g. through permitted stores such as Steam) may be advertised in the Game.
Without limiting Game and Virtual Item purchases from FE’s permitted stores, it is a condition and fundamental term of this EULA and your use of the Game that you must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Virtual Item outside of the Game (such as on unauthorised item trading sites) 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 the Game only and where that functionality is made available by FE.
Subject to Clause 4, FE may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). Subject to clause 4, FE shall have no liability to you or any third party in the event that FE exercises such rights. Your statutory rights which cannot be limited or excluded are unaffected by this clause 8.
When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
Please notify FE immediately if you dispute a transaction involving Virtual Items that believe that any transaction is unauthorised.
Your statutory rights which cannot be limited or excluded are unaffected by this Clause 8.
Consumer Rights AND ALTERNATIVE DISPUTE RESOLUTION
This EULA shall not limit any rights you might have as a consumer that may not be excluded or limited under applicable law.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint you may, you may want to consider an alternative dispute resolution provider. The European Commission provides a platform for online dispute resolution which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an alternative dispute Resolution service.
Indemnity and Remedies
You hereby indemnify (agree to compensate), defend and hold harmless FE and FE’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 lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Website or the Game (which also includes Virtual Items), and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with FE in the defence of any such claim and FE reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
You further agree that the subject matter of this EULA is of a unique character with special value and that FE would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that FE shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as FE may otherwise have available to it under applicable laws.
FE’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
Right to withdraw
Where you purchase Virtual Items from a digital store (e.g. Steam) and you require a refund, that third party store may allow you to get a refund in some circumstances, you should contact the third party through which you made a purchase, where applicable, in the event that you desire a refund. If you make a digital content purchase from FE directly, you are entitled to cancel the purchase within 14 days and to receive a full refund (your “withdrawal right”). However, where you agree that we may begin to supply you with the digital content before the end of that period, then you will no longer be entitled to change your mind about the purchase and obtain a refund. If you have made a purchase from FE, have not begun using the content and wish to exercise your withdrawal right you can contact us by email or post using the following form: To: Futuresalt Entertainment Ltd Office 240b, 182-184 High Street North, London, United Kingdom, I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], for game [INSERT GAME NAME], ordered on [INSERT DATE]. From: [YOUR NAME] [YOUR ADDRESS] [YOUR EMAIL Date: [DATE].
DEVICE AND INTERNET REQUIREMENTS You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system capabilities and memory in order to, as each are applicable, download, install, play and store the Game (and where applicable, Virtual Items). Further information about system requirements for each Game is available on the Game’s relevant store / vendor page (e.g. the Game information page on Steam, for the PC Steam version).
DATA PROTECTION Please be aware that any personal data you supply to us when using the Services will be used by us in accordance with our Privacy and Cookie Policy. Please read our Privacy and Cookie Policy carefully.
CHANGES TO THIS EULA We may update the terms of this EULA from time to time for any reason by posting the updated version to our website (and/or in-game, if we provide you with this EULA there) but changes to the EULA take effect only where they are permitted by law and made available to you for your agreement. Every time you launch the Game on your device, install or otherwise use the Game, Website or Virtual Items you are deemed to have accepted the latest version of this EULA in place at that time. Please check on our website (and/or in-game, if we provide you with this EULA there) for any updates to the EULA each time you launch the Game on your device.
GENERAL
This EULA constitutes the entire agreement between FE and you in respect of its subject matter.
Even if we delay in enforcing this EULA and/or our rights, we can still enforce this EULA and/or our rights later. If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking of any term of this EULA, 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.
We may transfer our rights and obligations under this EULA to another organisation (such as, without limitation, in the event of a business restructure or acquisition). We will let you know if that happens, and we will ensure that your rights under this EULA are unaffected. You may not transfer your rights or obligations under this EULA unless we expressly agree to the transfer in writing.
In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties’ intentions and the remaining portions of this EULA shall, in any event, remain in full force and effect.
This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim. 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.