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10:10 GAMES – TERMS OF USE


A summary of this document, written for young people, is available after section 16.1.

Last updated: [5th September 2024]

These Terms of Use, together with our Privacy Policy and all supplemental terms and other documents referenced in these terms as amended from time to time (together, the "Terms") govern your downloading and/or use of our Games, Virtual Content (each as defined below), applications, websites and any other services made available by us from time to time (together, the "Services").

1 ABOUT US

1.1 We are 10:10 Games Limited, a company registered in England and Wales under company number 13443989, and whose registered offices are at Fourth Floor, Unit 5b The Parklands, Bolton, United Kingdom, BL6 4SD. In these Terms, we will refer to ourselves as "we", "us", "our" or "10:10 Games".

1.2 When we refer to our "Games", we are referring to any games developed or made available by us and made available to you from time to time including Funko Fusion.

1.3 We do not guarantee the ongoing supply of any of our Services or that our Services will be available at all times, in all locations, or at any given time or that we will continue to offer such Services for a particular length of time.

1.4 You can contact us at help@1010games.com.

2 IMPORTANT INFORMATION

2.1 Please read these terms carefully as they form a legally binding contract between you and 10:10 Games and govern your use of our Services. By accessing or using any of our Services, you accept and agree to these Terms. If you do not agree to these Terms, you may not access, purchase or use our Services. Whilst you should read these Terms in full, please pay particular attention to:

• Licence (section 5). When you use and/or purchase one of our Services, you receive a licence to use that Service. You do not own any of the Services provided to you.
• Community Guidelines (section 9). You agree that you will follow the Community Guidelines relating to your conduct while using our Services.
• Contacting Us (section 16). If you would like to ask for support, submit a complaint or report any breach of our Community Guidelines, please contact us at help@1010games.com.

3 ABOUT YOU

3.1 By using our Services, you agree that you (i) are at least 18 years of age, or (ii) if you are younger than 18, that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and take full responsibility for your compliance with them. If we are informed by a parent/guardian that their child has misrepresented their age when registering for and/or using our Services, we will Stop their Account (as defined below) provided we have information which satisfies us that the reporting person is indeed the parent or guardian of that child. You also represent that you are at least the minimum age to consent to data processing under the laws of your jurisdiction (e.g. 13 years old in the United States and 16 years old in some EU jurisdictions) and are not barred from accessing the Services under applicable law.

3.2 Where an applicable age rating body (e.g. PEGI, ESRB) or platform (e.g. Steam) classifies a particular Game as suitable to be played only by users of a specified age then, in such circumstances, users below this classified age shall not be entitled to play, use or access the particular Game until they have reached the specified age classification.

3.3 If you access our Services through a third-party platform or site, you may be required to comply with their terms and conditions in addition to these Terms, please read these carefully.

3.4 For Parents/Guardians. Please familiarise yourself with any parental controls available on the devices and platforms on which our Games our offered. These controls may be used to limit the amount of time and money spent on the Game and manage features such as user-to-user messaging. To find out more about parental controls, in most cases the manufacturer of the relevant device and the provider of the platform will include further guidance on their respective websites. For further information, please also visit https://www.askaboutgames.com/get-smart-about-play/.

4 YOUR ACCOUNT

4.1 You may be required to make an account with us and/or with a third-party platform (e.g. Steam) or site operator to access our Services ("Account").

4.2 When you create your Account, you must choose and maintain your login details (including your username and password). Your Account must include truthful and accurate information about yourself (e.g. your name) and this information must be kept up to date.

4.3 You must ensure that:

• You do not share your Account details with anyone.
• You do not sell, transfer or otherwise provide access to your Account to anyone.
• You keep your Account details secret.

4.4 You are solely responsible for all activity on your Account, including where your Account has been accessed by another person if you have shared your login details (intentionally or unintentionally). 10:10 Games accepts no responsibility for any losses or harm you suffer from any unauthorised use of your Account or any third-party account that you use to access our Services. We reserve the right to change your Account name if we find that your Account or any third-party account you use to access our Services uses abusive, offensive, or defamatory screen names and/or personas.

4.5 When we refer to "Stopping" or to "Stop" Account, this includes temporarily or permanently disabling, suspending or banning an Account (including a third-party platform account that you have used to access our Services). If your Account is disabled or banned, you will not be able to access your Account and any licences previously granted to you to use our Services will be either temporarily or permanently revoked.

4.6 We may Stop your Account if:

• You have breached these Terms (including our Community Guidelines below).
• We reasonably believe it is necessary in order to prevent or stop any harm or damage to us, to any of our Services, to other users of our Services, to the general public, or to you.
• We no longer provide the Services for which you have an Account (we will give you reasonable notice before this happens).
4.7 We will always do our best to give you reasonable notice before Stopping your Account. However, if you have seriously breached our Terms or have been issued with previous warnings, we may immediately Stop your Account. Under such circumstances we will notify you in writing by email or within the Services as appropriate and the licence granted in these Terms will terminate and you must cease all use of the applicable Services.

4.8 Please contact us immediately at help@1010games.com if you believe that someone has stolen your Account or you believe someone other than you has gained access to your Account.

5 THIRD PARTY PLATFORMS

5.1 Our Services may be provided through a third-party platform, including game platforms (e.g. Steam) which will have their own terms and conditions which you will need to agree to before using that platform. Those terms and conditions will form a separate agreement between you and the relevant platform and are in addition to these Terms. Even if you have purchased our Services separately from a third party, you must accept these Terms before you may use our Services.

5.2 Any breach of the terms and rules of any third-party platform or publisher shall be deemed to be a breach of these Terms by you and we may Stop your Account.

5.3 Where our Services contain links to, and connect with, other services and resources provided by third parties, we have no control over the content of those services or resources and we make no warranties or representations as to the legitimacy, accuracy or quality of such third-party services or resources. Any external site that you visit by clicking through a link on the Services is entirely at your own risk. We accept no responsibility for their content, behaviour, safety or treatment of your personal data.

6 LICENCE

6.1 By agreeing to and complying with these Terms, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to use our Services for your own personal and non-commercial use. If we Stop your Account, your licence to use our Services will end.

6.2 All intellectual property and other rights in the Services are solely owned by 10:10 Games. You have no ownership, title, or other ownership rights in and to the Services, regardless of whether you acquired and/or purchased any of our Services.

7 VIRTUAL CONTENT

7.1 When playing our Games, you may have the opportunity to purchase or acquire additional in-game content, such as in-game cosmetics, virtual items and virtual currencies which can be used to purchase additional content to be used within our Games (we refer to these as "Virtual Content"). Virtual Content you obtain or make use of within our Services is subject to these Terms.

7.2 When you receive Virtual Content, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to access the relevant Virtual Content. You do not have any right of ownership over any Virtual Content you obtain.

7.3 You are not allowed to sell, trade or transfer Virtual Content to any other person or exchange it for real-world cash, goods or services, or anything else outside the Services. You are strictly prohibited from using Virtual Content as a stake in a bet or wager with anyone else.

7.4 We have the right to remove, alter or re-price Virtual Content at any time for any reason to the extent permitted by law.

7.5 All purchases of Virtual Content are final and non-refundable except as otherwise required by applicable law.

8 YOUR RIGHTS AND RESPONSIBILITIES

8.1 You agree to compensate us where we pay damages or incur any other losses or expenses (including legal fees) in respect of any claim made by a third party that your use of the Services is in breach of these Terms, contrary to any other laws and regulations or infringes the rights of any third party.

8.2 You must comply with the laws that apply to you in the country or state in which you live or from which you access our Services. You should stop using our Services if any laws applicable to you restrict or prohibit you from using our Services.

8.3 Your device may need to meet certain hardware, software and network requirements to play our Games. Our Games may also only be accessible on certain platforms (such as Steam). We cannot guarantee that our Games will work on or be compatible with a particular device, platform, operating system or equipment or in conjunction with any other software or connectivity service, or that our Services will be available in all geographic locations. Minimum technical specifications and compatibility information are available on the store that you acquire our Games.

8.4 When we make any changes to our Services, we may ask you to install patches, updates and possibly additional content for you to keep using our Services. These updates may add extra game content or fix bugs and must be installed by you to continue using our Services.

9 COMMUNITY GUIDELINES

9.1 When using our Services, you may be able to interact with other users of the Services. We want to ensure that our Games are a safe, enjoyable and inclusive environment so we have published these Community Guidelines that all users must comply with. These Community Guidelines are designed to ensure that our users act with kindness and respect and that they don't use our Services for any illegal purposes. By agreeing to these Terms, you are also agreeing to comply with the Community Guidelines. Any breach of the Community Guidelines will be treated as a breach of these Terms and may result in your Account being Stopped.

9.2 You agree that you will not use the Services (or any third party platform you use to access our Services) to:

• use or allow the use of the Services for any purpose or activity that is illegal, fraudulent or in breach of these Terms;
• reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services or any portion thereof;
• sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or content associated with your Account, including Virtual Content, either within our Services or on a third-party website, or in connection with any out-of-game transaction;
• access or attempt to access the Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Services;
• promote violence or discrimination, promote or endorse any illegal activity or otherwise be objectionable;
• harass, threaten, mislead, embarrass, spam, or do anything else to another person that is unwanted, or making personal attacks or statements about race, sexual orientation or religion;
• organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be objectionable and/or inappropriate;
• use abusive, offensive, or defamatory screen names and/or personas, whether created through our Services or through third party devices or platforms;
• upload any files that contain viruses, trojans, worms, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;
• infringe the rights of third parties including (without limitation), copyrights, trade marks, patents, design rights, moral rights, rights of privacy, rights of publicity or any other property rights;
• upload advertising, promotions or commercial solicitations of any kind, including (without limitation) spam, junk mail, chain letters, pyramids schemes or similar;
• use our Services to build a service or game that may compete with our Services or assist another person in building a service or game that would compete with our Services;
• attempt to or purport to impersonate any person or misrepresent your identity, affiliation or connection to any other person;
• probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;
• improperly use in-game support or complaint buttons or make false reports to us;
• use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the content, navigational structure or presentation of our Services;
• use, develop, host or distribute cheats, automation software (‘bots’), modded lobbies, hacks, mods or any other unauthorised third-party software in connection with the Services, or engage in any form of cheating, botting, boosting, or booting, or otherwise attempt to circumvent technological measures designed to control access to, or elements of, our Services; or
• do anything that, in our opinion breaches or may breach the spirit of these Terms.

9.3 To the extent the Service functionality permits, you shall not post or communicate any person's 'real world' personal information whilst using the Services or any related websites, chat rooms or forums.

9.4 We reserve the right to access, monitor and/or record any online activity within the Services and you give us your express consent to access and record your activities for these purposes.

9.5 Any breach of the above rules of conduct shall be determined by us at our discretion, acting reasonably in all circumstances.

10 CANCELLATION

10.1 We hope you enjoy our Services, however if you change your mind, the cancellation policy below will apply:

• All purchases of licences to use our Virtual Content, Games or any other digital content or Services that we provide ("Purchased Licences") are final and non-refundable except where required under applicable law.

• For residents in the European Union and the United Kingdom, by clicking the relevant purchase order button on the purchase interface, you agree that the Purchased Licence will be supplied and delivered to you immediately before the statutory withdrawal period ends and you lose the right to withdraw your Purchased Licence once the Purchased Licence has been downloaded, streamed and/or accessed, due to the nature of the Purchased Licenses.

11 CHANGES TO THESE TERMS

11.1 We may make changes to these Terms and/or Services at any time to: (i) reflect changes in relevant laws and regulatory requirements; and (ii) implement minor technical adjustments and improvements, for example to address a security threat.

11.2 We may also make other changes to these Terms from time to time, for example reflect any changes we make to our Services. The updated Terms will be posted on our website. We will also notify you when we make changes to these Terms via our in-game communications, email or otherwise. It is your responsibility to ensure that you check these Terms regularly for any changes before using our Services. Your continued use of our Services will be deemed as acceptance of any changes we make to these Terms from time to time.

12 OUR LIABILITY TO YOU

12.1 We will use reasonable endeavours to maintain the operation of our Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Services and we may have to suspend the operation of our Services for repair, maintenance, improvement or security purposes, or for any other valid reason. If so, we will try to ensure the suspension is as short as possible.

12.2 Our Services are provided on an "as is" and "as available" basis. To the fullest extent permitted under applicable law, we provide no express, implied or statutory warranties that you will be able to access or use our Services at the times or locations of your choosing or that our Services will be uninterrupted or free of errors, bugs, corruption, loss, interference, hacking or viruses. Accordingly, we are not liable to you for any loss or damage that might arise, for example, from the inoperability, unavailability or security vulnerabilities of our Services or from your reliance on the quality, accuracy, or reliability of our Services. We also make no guarantee that our Services will work with or can be accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services. We do not accept responsibility for such equipment, software or services. You acknowledge that we will not be liable for any indirect, incidental, special, exemplary, or consequential losses and damages, including loss of direct and indirect profits, goodwill or data in any way arising.

12.3 To the maximum extent permissible by law, our total liability, whether arising in contract, tort, strict liability or otherwise, including liability for any losses, costs, expenses or damages that you suffer in connection with our Services or these Terms shall not exceed (in aggregate) the monetary amount equivalent to the charges, relating to the Services, actually paid by you to us during the 6 month period prior to the date of the cause of action first arising.

12.4 Notwithstanding the foregoing, nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our employees or agents, or any other liability that cannot under any applicable law be excluded or limited.

13 PERSONAL DATA

13.1 We process information about your in accordance with our Privacy Policy. By using our Services, you consent to such processing, and you warrant that all data provided by you is accurate.

14 FEEDBACK

14.1 If you provide us with any feedback, ideas, concepts or code relating to any of our Services ("Feedback"), you hereby grant us non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, create derivative works of, publicly perform, publicly display, modify, promote, translate, commercially exploit, publish and distribute your Feedback for any purposes, for all current and future methods and forms of exploitation. You also agree to waive your 'moral rights' over your Feedback to the extent permitted by law.

14.2 You agree that we are not required to use your Feedback nor credit you for any Feedback that we use.

15 GENERAL

15.1 These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us in respect of the Services.

15.2 You may not assign or otherwise transfer your rights under these Terms to someone else for any reason (or attempt or purport to do so), unless we have first given you our express permission in writing, which we may withhold in our sole discretion. We may assign or otherwise transfer our rights and may sub-contract our obligations under this Agreement to anyone else.

15.3 Each of the terms and conditions of these Terms operates separately. If any court or other competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

15.4 You agree to comply with all local and international export laws and regulations that apply to the Services. You warrant that: (i) you are not located in a country that is subject to embargo by the United Kingdom or the United States of America; (ii) you are not listed on any list of prohibited or restricted parties from the United Kingdom or United States of America; and (iii) you are not resident in any country or territory which appears on the sanctions lists of the Office of Foreign Assets Control of the U.S. Department of Treasury (“OFAC”), United Nations Security Council (“UNSC”), His Majesty’s Treasury (“HMT”) or any other sanctions list.

15.5 Nothing in these Terms will create any relationship of partnership, agency or employment between us.

15.6 If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

15.7 These Terms are governed by the laws of England and Wales. You and we both agree that the courts of England will have exclusive jurisdiction in relation to any dispute connected with these Terms or our Services.

16 CONTACTING US

16.1 If you require customer support or would like to report a complaint, fault, abusive behaviour or violation of these Terms or if you have any other questions or comments in relation to our Services, please contact us at help@1010games.com.


10:10 GAMES – YOUNG PERSON'S TERMS OF USE SUMMARY

Last updated: [5th September 2024]

Below is a summary of the full Terms of Use to help young people below the age of 18 understand the rules for using our websites, playing our games and using any other products or services that we may offer (together, the "Services").
This summary should be read together with our full Terms of Use and you should ask your parent or guardian to read and agree to the full Terms of Use and our Privacy Policy. If you are under 18 years old, you can only play our games with permission from your parent or guardian. Where any age rating body (e.g. PEGI, ESRB) or platform (e.g. Steam) assigns an age rating to one of our games, you can only play that game if you at least meet the age rating assigned to the game.

While we encourage you to read these terms in full, please ensure you have read:

• Section 3 – Ownership of our Games and Services. You do not own the games you play, the Virtual Content you acquire nor any other Service we provide to you. You will have a licence to use our Services.
• Section 6 – Community Guidelines. In exchange for using our Services, you agree to treat other players with respect and agree to follow the rules set out in our Community Guidelines.
• Section 11 – Complaints. If you have any questions or complaints, please get in contact using the email address below.

1 INTRODUCTION

This summary document, our full Terms of Service together with our Privacy Policy, sets out the rules for anyone using our Services. We may update our Terms of Use (including this summary), so you should regularly check our websites to check for any changes. If we make any changes to our Terms of Use or our Privacy Policy, we will tell you about these changes including by email and/or in-game messaging.
By using our Services, you are agreeing to comply with our Terms of Use and Privacy Policy (including any updates that we may make) and to enter into a legal agreement with us on the terms in these documents. If you do not agree to these terms, you should stop using our Services and delete our games from your devices.

2 WHO WE ARE

We are 10:10 Games Limited. Our company address is Fourth Floor, Unit 5b The Parklands, Bolton, United Kingdom, BL6 4SD.
You can contact us by email at: help@1010games.com.

3 OWNERSHIP OF OUR GAMES AND SERVICES

We own and have the rights to our games and Services and everything included within them. By accepting our terms, you are allowed to play our games and use our websites as long as you do not breach our terms – in other words, we give you a 'licence' to play our games and use our services. This licence gives you the right to play our games and use our Services but you will not own any of our games or Services. You may not share or give away your licence to anyone else.
If you breach any of our terms, we are allowed to withdraw your licence and you will no longer be permitted to play our games or use our Services.

4 VIRTUAL CONTENT

In some of our games, we may offer you access to digital unlockable content, virtual items and/or virtual currency which you can spend to buy virtual items within our games (we refer to these as "Virtual Content"). Like our games, you do not own Virtual Content you acquire within our games. You instead have a licence (in the same way you have a licence to play our games) to use the Virtual Content within the games that you acquired the Virtual Content. This licence is personal to you and your Virtual Content cannot be exchanged for real-world cash. You also cannot sell, trade or transfer your Virtual Content to anyone else.

If your account is suspended, terminated or changes in any way or if we change or discontinue one of our games, you may lose access to Virtual Content that you have earned or purchased without a refund.

5 OUR RIGHTS AND RESPONSIBILITIES

We cannot guarantee that our Services will be available at all times, and we may have to pause your access to our Services to complete any maintenance, repairs or upgrades. We will try to let you know as soon as possible if we plan to pause access to one of our Services and make our Services available as soon as we can. We may also stop providing certain Services in the future (including if we shut down one of our games) but we will try to give you as much notice as possible before we do this.
When we make any changes to our Services, we may ask you to install patches, updates and possibly additional content for you to keep using our Services. These updates may add extra game content or fix bugs.
We also cannot guarantee that our Services will be free from errors, bugs or viruses or include inaccurate or incomplete information. Please make sure that you use anti-virus software and have up-to-date back-ups while using our Services.

6 COMMUNITY GUIDELINES

You must always comply with the Terms of Use when using our Services. Below is a summary of the key rules in our Community Guidelines:

• You must not use our Services for anything which is illegal, is fraudulent or malicious or in a way that breaches these terms (for example, uploading any viruses onto our games).
• You must not say or do anything which is antisocial, offensive, disruptive or otherwise unpleasant to anyone else using our Services, this means no: (a) bullying; (b) vulgar, obscene, discriminatory or sexist behaviour; (c) exploiting any bugs in our games; (d) "flaming", "trolling" or "griefing".
• You must not copy or alter our games or websites or share these with anyone else.
• You must not collect, ‘scrape’, ‘mine’ or ‘harvest’ any information or data from our Services.
• You must not try to sell or transfer an account (including your own) or any Virtual Content.
• You must not access or attempt to access other people's accounts.
• You must not perform any in-game service for real-world money or services outside the game.
• You must not use, create or share any cheats or "bots" or similar cheating tool to be used with our Services or otherwise engage in any cheating, botting, boosting or booting or similar.
• You must not create or share pornographic, profane, sexually explicit or indecent content.
• You must not share advertising or promotions of any kind, including spam, junk mail, chain letters, pyramids schemes or similar.
• You must not share false or misleading information or try to mislead anyone about who you are.
• You must not breach the rights of anyone else including copyrights and other intellectual property rights.
Our games allow you to interact with other players. We may monitor and/or moderate your interactions with other players to try and stop or prevent breaches of these rules. You are responsible for any breaches of these rules.
If you would like to report any use of our Services by any other user which you believe is in breach of these terms, please contact us by email at help@1010games.com. Please make sure your report includes:
• Why you think the users is in breach of our Community Guidelines.
• Where the breach of our Community Guidelines happened.
• Your account details or other contact information for us to get in touch with you.

We will review your report and may, at our reasonable discretion, take action against anyone who breach our terms. Please do not submit reports which are deliberately false. We will take action against anyone who deliberately sends false reports.
To read our Community Guidelines in full, please see our full Terms of Use.

7 YOUR ACCOUNT

When you use our Services, you may be asked to create an account with us or through another platform to access our Services (for example, you will need to create a Steam account to play our games via Steam). Your account is personal to you and cannot be shared or sold to anyone else.

You must make sure to keep your account details secret and you will not share your login details with anyone else. We are not responsible if you lose your account details, or you fail to keep your login details secret.
You understand that if your account is deleted for any reason, you will no longer have access to your account data (including game progress and Virtual Content).

8 SUSPENDING YOUR ACCESS TO OUR SERVICES

We can suspend your accounts with us and/or your access to our Services if we believe you are in breach of these terms. If you are suspended, we will investigate your breach and, depending on our findings, either lift the suspension or ban you from using our Services without any refund.

9 PLATFORMS

Our games may only be accessed through third-party platforms (including Steam, Epic Games Store, PlayStation 4 and 5, and Xbox Series X/S and Nintendo Switch). These platforms will have their own terms and conditions which you will need to read and agree to in order to access our games on that platform. If you breach the platform's terms, we will treat that breach as a breach of these terms.

If any of our Services link to another website or platform, we have no control over the content of that website or platform. Therefore, we are not responsible for that third party content, and you visit these third party websites and platforms at your own risk.

10 PRIVACY

Please read and ask your parent or guardian to read our Privacy Policy before using any of our Services. Our Privacy Policy explains how your personal information (e.g. your name and email address) is collected and used by use when you use our Services.

11 COMPLAINTS

If you have any complaints, please let us try to resolve it first. You can send us details of your complaint by email to help@1010games.com. If you purchased any our Services (including Virtual Content) through another platform, please contact that platform first.