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We are Merge Games Ltd, a company registered in England and Wales with principal offices at School House, Alderley Road, Chelford, Cheshire SK11 9AP, UK. We are referred to in this agreement as "Merge", "we" or "us".
Please read the following terms and conditions of this End User Licence Agreement ("Licence") carefully before running the game SMALLAND and any upgrades, updates, additional content, variations, expansion packs, add-ons, user-generated content or downloadable content associated with it – hereafter together ‘The Product’.
If You do not agree to any of the terms of this Licence, then do not install, distribute or run The Product. By downloading or accessing The Product in any way (whether as part of the creation of an Account or not and whether on any Merge or third-party platform), You confirm that You are aged 18 years old or over and have read and accept the terms of this Licence, or if You are aged between 13 and 18, your parent or legal guardian has read and accepted the terms of this Licence. We may immediately terminate this Licence and stop your access to the Product if we are not satisfied that such acceptance by you, or by the parent or legal guardian if applicable, has been given.
You understand and agree that We may add to or change the terms of this Licence at any time. We may change the terms of this Licence to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this Licence shall be effective immediately and your continued use of The Product in any way (whether on any Merge or third-party platform) shall constitute on-going acceptance of the updated terms of this Licence, as updated or varied from time to time. We therefore recommend that You check the terms and conditions of this Licence regularly. The current Licence is available here: https://www.mergegames.com/EULA.
If You have purchased a single copy from an authorised distributor, reseller or any retail channel, You may seek a refund of your payment directly with such authorised party and your right to return that copy is subject to the retailer’s return policy.
Licence
This Licence gives You a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to download and install The Product. The Product is for personal use only and may be installed and used by only one customer or Account. Its component parts may not be separated for use on more than one computer. The Product may be accessed through a network only after obtaining a site licence. All components accompanying The Product are copyrighted by us and may not be taken apart, modified, used or published with other software or means except with The Product software and may not be distributed or copied in any manner. We can terminate this licence in certain circumstances, which are explained further below. This licence is ‘non-exclusive’, meaning that we can grant similar licences to other end users as well.
You acknowledge and agree that all title, ownership rights and intellectual property rights in and to the Product and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to Merge Games Ltd. You acknowledge that rights in the Product are licensed (not sold) to you, and that You have no rights in, or to, the Product other than the right to use them in accordance with the terms of this Licence.
You acknowledge that You have no right in or have access to the Product in source code format other than as expressly provided within this Licence. All rights of any kind, which are not expressly granted in this Licence, are entirely and exclusively reserved to and by Merge Games Ltd.
Using the Product
The Product has been developed or is currently being developed to work on PC, Xbox Series S/X, PlayStation 5, Nintendo Switch and Google Stadia. We may develop the Product to work in certain other formats or for certain other platforms from time to time. Operators of platforms on which The Product has been developed to work may from time to time update their software, and we will endeavour, but not be obligated, to update The Product if necessary to ensure that its functionality and performance continue with any updated release. It is your obligation to ensure that You are using the latest compatible public release of any platform operating system.
Restrictions
Except as expressly set out in this Licence You undertake that You will not (and will not permit or encourage or procure others directly or indirectly to):
in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works based on The Product (or any part of it), except (i) where such copying is incidental to normal use of The Product or (ii) to the extent that such actions cannot be prohibited by law;
rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party The Product, any copy thereof, in whole or in part;
reflect , translate, alter, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of The Product, nor permit The Product or any part of it to be combined with, or become incorporated in, any other programs;
combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with The Product or any part of it, in any manner whatsoever;
exploit or otherwise make available The Product or any of its parts for any purpose including any commercial purpose;
create, use, offer, promote, advertise, make available and/or distribute:
cheats, i.e. methods not expressly authorized by us (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating gameplay, including exploits of any in-game bugs, and thereby granting You and/or any other user an advantage over other players not using such methods;
bots; i.e. any code and/or software, not expressly authorized by us, that allows the automated control of The Product, or any feature thereof;
hacks; i.e. accessing or modifying the software of The Product in any manner not expressly authorized by us; and/or
any other code and/or software, not expressly authorized by us, that can be used in connection with The Product and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
otherwise bypass or seek to bypass any security or technical measures relating to The Product, including by the adoption of techniques and technologies now known or hereafter developed.
provide The Product in any form, whether in whole or in part (including, but not limited to, program listings, source code or object code) to any third party without prior written consent from us;
act in breach of any applicable laws and regulations or technology controls;
access or intercept information without consent: (a) through support services we may provide for The Product, (b) that is in transit from or to The Product, or (c) that is contained in network traffic used by the Product to store information about content related to The Product;
disrupt, or overload, or attempt to disrupt of overload, whether directly or indirectly, any server used to support The Product, or launch or participate in any activity which does or which attempts to disrupt the use and operation of The Product, including but not exclusively by denial of service attacks (DoS or DDoS); or
make improper or bad faith use of our support services.
Any use of The Product not expressly authorised by the terms of this Licence is expressly prohibited. Any use of The Product in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to The Product.
Accounts
In order to access and use The Product (and this could be via a Merge platform or a third-party platform such as Steam), You may be asked to register and open an account ("Account") and provide certain personal information such as, for example, Your name and email address ("Registration"). Our Privacy Policy explains how such information may be collected and used and can be accessed at https://www.mergegames.com/privacy-policy/.
From time to time The Product may integrate with other third-party services or platforms. These third-party services or platforms may generally require You to agree to the terms and conditions of such third-party supplier and set up a separate account or register with the third-party supplier in order to receive the third-party services or platform(s). The terms on which those third-party services or platforms engage with You and share information or data with The Product or Us, are specific to each third-party service provider. You should make yourself aware of the terms and conditions of the third-party provider before agreeing to receive such third-party services or platforms.
The Product may use or include third-party software ("Third-Party Software"). A list of credits and notices for Third-Party Software used within The Product can be found in the game interface, along with any conditions or restrictions for use.
User Content & Behaviour
For the purposes of this Licence, “User Content” means all information of any kind (including remarks, suggestions, ideas, graphics, text, images, video, information and messages) communicated, posted, uploaded, or sent by users on or in connection with The Product (including any User Content created in The Product such as text based user communications using integrated chat tools). The Product may include social elements which permit users to come into contact with and chat to other users. Messages exchanged between users, whether in private in-Game messaging or public forums, are included within this definition.
You acknowledge You will be responsible for whatever User Content You submit via The Product and You, not Merge, will have full responsibility for the User Content, including its legality, reliability, appropriateness and originality and compliance with all applicable laws and regulations. You will comply with and be bound by the terms relating to User Content, as set out in this Licence.
We reserve the right without notice or refund to record, suspend, remove or delete User Content and/or suspend or permanently disable Your Account and/or to disclose to the relevant authorities any User Content if: (a) it is the subject of a complaint; and/or (b) We consider that it breaches any of the terms of this Licence (including our content standards policy, if any) and/or any terms and conditions; and/or(c) We consider that such steps are necessary to protect Us or others; and/or (d) a criminal act or civil wrong has been committed; and/or (e) We are required to do so by the applicable law or an appropriate authority.
If You wish to notify Merge of a complaint in relation to User Content (including an allegedly defamatory statement), whether contained, as applicable, on our website, or in relation to The Product in any format and You believe such User Content breaches the terms set out in this Licence, please contact our customer support here.
You shall ensure that all User Content created or posted by You satisfies the following requirements:
it must be accurate, complete, uploaded or sent in good faith and compliant with all applicable laws, regulations and codes of conduct; and
it must only be uploaded or sent if You own the rights in such User Content, have appropriate permission from the rights owner, or are otherwise authorised by law.
it must not be abusive, offensive, obscene, hateful, inflammatory, threatening, intentionally misleading, harassing, sexually explicit or deceptive or fraudulent in anyway;
it must not promote violence or discrimination, promote or endorse any illegal activity or otherwise be objectionable;
it must not be defamatory or an invasion of an individual's right to privacy;
it must not infringe the intellectual property or other rights of any third party, including copyrights, trademarks, database rights, any rights of confidentiality or any similar rights;
it must not attempt to or purport to impersonate any person or misrepresent Your identity, affiliation or connection to any other person;
it must not include hyperlinks or connections to third-party websites;
it must not contain viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or network;
it must not solicit or attempt to solicit personal information from other users of The Product or reveal details that enable You or anyone else to be identified or contacted outside of The Product;
it must not have any commercial purpose and;
it must not involve junk mail, spam, pyramid selling or similar schemes.
In addition to agreeing to comply with the letter of these provisions, You also undertake to comply with the spirit behind it. You must not encourage or assist any other user to breach these provisions. You are solely responsible for your User Content.
You agree that by submitting any material of any kind to us (including but not limited to posting chat) for any purpose connected with The Product (for examples, suggestions and ideas for any game or contributions to any gallery page), You are giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such User Content for any purpose including to make available such User Content to third parties[, provided that Merge may not use User Content in violation of the Privacy Policy]. You agree to waive any moral rights to the extent permitted by law and that You will not withdraw the submission or attempt to make a charge for its use. Furthermore, You warrant that You are the exclusive copyright and intellectual property rights holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
Any User Content You upload to The Product will be considered non-confidential and non-proprietary. You warrant and represent that any User Content You upload is your original content, does not contain any third-party personal data, and that You have all necessary rights and consents to provide Us with such User Content.
You undertake and acknowledge that You shall have no ownership or other proprietary interest in The Product or User Content that You create, except as expressly stated within the terms of this Licence. You undertake, acknowledge and agree that any interest in any elements of the User Content that represent, comprise, derive or are based upon any intellectual property rights which exist within The Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registerable, are owned by, or for the benefit of Merge and its licensors.
You agree that your use of The Product will at all times be in accordance with any player policies contained in the Product or any general code of conduct for players made available on our website via https://www.mergegames.com/. Specifically, You agree that You will not exploit other players, whether through scamming, account sharing, win-trading or any other conduct that may degrade the gaming experience for other players. You also agree that You will not behave in any way that intentionally detracts from others' enjoyment of The Product (including but not limited to griefing, throwing or feeding). You agree that You will treat other players with appropriate respect, consistent with an enjoyable environment for all players in accordance with the ethos of The Product.
In-Game Data & Monitoring
We may collect certain technological, non-personally identifiable information about your gameplay, including your accomplishments, use of features, communications with us and other players, and other in-game activities. We use this data to provide, analyze, and improve our games and offerings. You understand and agree that Merge, its affiliates and its service providers may monitor, record, review, modify, use, and/or disclose your in-game activities and communications without further notice to You. You acknowledge that Merge, its affiliates and its service providers are under no obligation to monitor in-game activities or communications.
During use of The Product, we or The Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by this Agreement that interact with The Product. In the event that we or The Product detects such an unauthorized third party program, information may be communicated back to us, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and your access to The Product may be terminated with or without additional notice to You.
Disclaimer of Warranties
To the fullest extent permissible under applicable law, The Product, all accompanying files, data and materials, are distributed "AS IS" and with no warranties, performance assurances or guarantees of any kind, whether express or implied, including without limitation any implied warranties of condition, quality, satisfaction, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. Merge does not warrant that The Product will be error-free or that it will interoperate or be compatible with any other software or that any errors in the software will be corrected. To the maximum extent permitted by applicable law, we do not represent or warrant that access to The Product will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted via The Product. We do not guarantee that You will be able to access or use The Product at times or locations of your choosing, or that we will have adequate capacity for The Product as a whole or in any specific geographic area.
You assume all risk of using The Product. This disclaimer of warranty constitutes an essential part of the agreement.
Limitation of Liability
Merge shall not be liable in any way for any loss or damage of any kind arising out of The Product or any use of The Product including, without limitation, loss of data, computer failure or malfunction, or any and all other damages or losses, Furthermore, Merge shall not be liable in any way for loss or damage to digital assets such as characters, virtual goods or currency in The Product, accounts or statistics. Merge shall not be responsible for any interruptions of service, including without limitation software or hardware failures, or any other event which may result in a loss of data or disruption of service. In no event shall Merge Games Ltd, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of The Product.
Nothing in this Licence shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by English Law. For the avoidance of doubt, in no event does Merge Games Ltd authorise You to use The Product in applications or systems where The Product's failure to perform can reasonably be expected to result in property damage, a physical injury, or in loss of life. Any such use by You is entirely at your own risk, and You agree to hold Merge Games Ltd harmless from any claims or losses relating to such unauthorised use.
Termination
We may terminate this Licence and any user Account in The Product immediately if You commit a breach of this Licence.
Upon termination for any reason: (a) all rights granted to You under this Licence shall immediately cease; (b) You must immediately cease all activities authorised by this Licence; (c) You must immediately delete or remove The Product from all computer equipment in Your possession, and (d) your access to and use of The Product will immediately cease and be terminated.
Miscellaneous
Each of the warranties and conditions (or rights and obligations) of this Licence operates separately.
If any provision, or part provision, of this Licence, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this Licence will not be affected.
We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may not transfer or assign your rights and obligations under this Licence to a third party.
If we fail to insist that You perform any of your obligations under this Licence, or if We do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against You and will not mean that You do not have to comply with those obligations.
This Licence, its subject matter and its formation, are governed by the laws of England and Wales. You and We both agree that the courts of England will have exclusive jurisdiction.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements, provided, however, that this Licence shall co-exist with, and shall not supersede, any applicable terms and conditions and the Privacy Policy. This Agreement shall be governed by the laws of England & Wales.
Please read the following terms and conditions of this End User Licence Agreement ("Licence") carefully before running the game SMALLAND and any upgrades, updates, additional content, variations, expansion packs, add-ons, user-generated content or downloadable content associated with it – hereafter together ‘The Product’.
If You do not agree to any of the terms of this Licence, then do not install, distribute or run The Product. By downloading or accessing The Product in any way (whether as part of the creation of an Account or not and whether on any Merge or third-party platform), You confirm that You are aged 18 years old or over and have read and accept the terms of this Licence, or if You are aged between 13 and 18, your parent or legal guardian has read and accepted the terms of this Licence. We may immediately terminate this Licence and stop your access to the Product if we are not satisfied that such acceptance by you, or by the parent or legal guardian if applicable, has been given.
You understand and agree that We may add to or change the terms of this Licence at any time. We may change the terms of this Licence to reflect: (a) changes in applicable laws; (b) regulatory or security requirements; (c) relevant guidance or codes of practice; (d) technical alterations; (e) to improve clarity and consistency; (f) to reflect changes to our users’ needs and our business priorities, or (g) for any other reason.
Any change to the terms of this Licence shall be effective immediately and your continued use of The Product in any way (whether on any Merge or third-party platform) shall constitute on-going acceptance of the updated terms of this Licence, as updated or varied from time to time. We therefore recommend that You check the terms and conditions of this Licence regularly. The current Licence is available here: https://www.mergegames.com/EULA.
If You have purchased a single copy from an authorised distributor, reseller or any retail channel, You may seek a refund of your payment directly with such authorised party and your right to return that copy is subject to the retailer’s return policy.
Licence
This Licence gives You a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sub-licensable licence to download and install The Product. The Product is for personal use only and may be installed and used by only one customer or Account. Its component parts may not be separated for use on more than one computer. The Product may be accessed through a network only after obtaining a site licence. All components accompanying The Product are copyrighted by us and may not be taken apart, modified, used or published with other software or means except with The Product software and may not be distributed or copied in any manner. We can terminate this licence in certain circumstances, which are explained further below. This licence is ‘non-exclusive’, meaning that we can grant similar licences to other end users as well.
You acknowledge and agree that all title, ownership rights and intellectual property rights in and to the Product and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, storylines, catch phrases, locations, concepts, artwork, landscape designs, animations, sounds, musical compositions, recordings and audio-visual effects) anywhere in the world belong to Merge Games Ltd. You acknowledge that rights in the Product are licensed (not sold) to you, and that You have no rights in, or to, the Product other than the right to use them in accordance with the terms of this Licence.
You acknowledge that You have no right in or have access to the Product in source code format other than as expressly provided within this Licence. All rights of any kind, which are not expressly granted in this Licence, are entirely and exclusively reserved to and by Merge Games Ltd.
Using the Product
The Product has been developed or is currently being developed to work on PC, Xbox Series S/X, PlayStation 5, Nintendo Switch and Google Stadia. We may develop the Product to work in certain other formats or for certain other platforms from time to time. Operators of platforms on which The Product has been developed to work may from time to time update their software, and we will endeavour, but not be obligated, to update The Product if necessary to ensure that its functionality and performance continue with any updated release. It is your obligation to ensure that You are using the latest compatible public release of any platform operating system.
Restrictions
Except as expressly set out in this Licence You undertake that You will not (and will not permit or encourage or procure others directly or indirectly to):
in whole or in part, copy, reproduce, disassemble, decompile, reverse-engineer or create derivative works based on The Product (or any part of it), except (i) where such copying is incidental to normal use of The Product or (ii) to the extent that such actions cannot be prohibited by law;
rent, sell, lease, sub-licence, loan, publish, display, distribute or otherwise transfer to a third party The Product, any copy thereof, in whole or in part;
reflect , translate, alter, merge, adapt, vary or make alterations to, or modifications of, the whole or any part of The Product, nor permit The Product or any part of it to be combined with, or become incorporated in, any other programs;
combine, associate, wrap-around, integrate, or align, any third-party software, components or add-on features with The Product or any part of it, in any manner whatsoever;
exploit or otherwise make available The Product or any of its parts for any purpose including any commercial purpose;
create, use, offer, promote, advertise, make available and/or distribute:
cheats, i.e. methods not expressly authorized by us (whether accomplished using hardware, software, a combination thereof, or otherwise), influencing and/or facilitating gameplay, including exploits of any in-game bugs, and thereby granting You and/or any other user an advantage over other players not using such methods;
bots; i.e. any code and/or software, not expressly authorized by us, that allows the automated control of The Product, or any feature thereof;
hacks; i.e. accessing or modifying the software of The Product in any manner not expressly authorized by us; and/or
any other code and/or software, not expressly authorized by us, that can be used in connection with The Product and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality;
otherwise bypass or seek to bypass any security or technical measures relating to The Product, including by the adoption of techniques and technologies now known or hereafter developed.
provide The Product in any form, whether in whole or in part (including, but not limited to, program listings, source code or object code) to any third party without prior written consent from us;
act in breach of any applicable laws and regulations or technology controls;
access or intercept information without consent: (a) through support services we may provide for The Product, (b) that is in transit from or to The Product, or (c) that is contained in network traffic used by the Product to store information about content related to The Product;
disrupt, or overload, or attempt to disrupt of overload, whether directly or indirectly, any server used to support The Product, or launch or participate in any activity which does or which attempts to disrupt the use and operation of The Product, including but not exclusively by denial of service attacks (DoS or DDoS); or
make improper or bad faith use of our support services.
Any use of The Product not expressly authorised by the terms of this Licence is expressly prohibited. Any use of The Product in violation of the Licence and restrictions will be regarded both as a breach of the terms of this Licence and/or as an infringement of our intellectual property rights in and to The Product.
Accounts
In order to access and use The Product (and this could be via a Merge platform or a third-party platform such as Steam), You may be asked to register and open an account ("Account") and provide certain personal information such as, for example, Your name and email address ("Registration"). Our Privacy Policy explains how such information may be collected and used and can be accessed at https://www.mergegames.com/privacy-policy/.
From time to time The Product may integrate with other third-party services or platforms. These third-party services or platforms may generally require You to agree to the terms and conditions of such third-party supplier and set up a separate account or register with the third-party supplier in order to receive the third-party services or platform(s). The terms on which those third-party services or platforms engage with You and share information or data with The Product or Us, are specific to each third-party service provider. You should make yourself aware of the terms and conditions of the third-party provider before agreeing to receive such third-party services or platforms.
The Product may use or include third-party software ("Third-Party Software"). A list of credits and notices for Third-Party Software used within The Product can be found in the game interface, along with any conditions or restrictions for use.
User Content & Behaviour
For the purposes of this Licence, “User Content” means all information of any kind (including remarks, suggestions, ideas, graphics, text, images, video, information and messages) communicated, posted, uploaded, or sent by users on or in connection with The Product (including any User Content created in The Product such as text based user communications using integrated chat tools). The Product may include social elements which permit users to come into contact with and chat to other users. Messages exchanged between users, whether in private in-Game messaging or public forums, are included within this definition.
You acknowledge You will be responsible for whatever User Content You submit via The Product and You, not Merge, will have full responsibility for the User Content, including its legality, reliability, appropriateness and originality and compliance with all applicable laws and regulations. You will comply with and be bound by the terms relating to User Content, as set out in this Licence.
We reserve the right without notice or refund to record, suspend, remove or delete User Content and/or suspend or permanently disable Your Account and/or to disclose to the relevant authorities any User Content if: (a) it is the subject of a complaint; and/or (b) We consider that it breaches any of the terms of this Licence (including our content standards policy, if any) and/or any terms and conditions; and/or(c) We consider that such steps are necessary to protect Us or others; and/or (d) a criminal act or civil wrong has been committed; and/or (e) We are required to do so by the applicable law or an appropriate authority.
If You wish to notify Merge of a complaint in relation to User Content (including an allegedly defamatory statement), whether contained, as applicable, on our website, or in relation to The Product in any format and You believe such User Content breaches the terms set out in this Licence, please contact our customer support here.
You shall ensure that all User Content created or posted by You satisfies the following requirements:
it must be accurate, complete, uploaded or sent in good faith and compliant with all applicable laws, regulations and codes of conduct; and
it must only be uploaded or sent if You own the rights in such User Content, have appropriate permission from the rights owner, or are otherwise authorised by law.
it must not be abusive, offensive, obscene, hateful, inflammatory, threatening, intentionally misleading, harassing, sexually explicit or deceptive or fraudulent in anyway;
it must not promote violence or discrimination, promote or endorse any illegal activity or otherwise be objectionable;
it must not be defamatory or an invasion of an individual's right to privacy;
it must not infringe the intellectual property or other rights of any third party, including copyrights, trademarks, database rights, any rights of confidentiality or any similar rights;
it must not attempt to or purport to impersonate any person or misrepresent Your identity, affiliation or connection to any other person;
it must not include hyperlinks or connections to third-party websites;
it must not contain viruses, Trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or network;
it must not solicit or attempt to solicit personal information from other users of The Product or reveal details that enable You or anyone else to be identified or contacted outside of The Product;
it must not have any commercial purpose and;
it must not involve junk mail, spam, pyramid selling or similar schemes.
In addition to agreeing to comply with the letter of these provisions, You also undertake to comply with the spirit behind it. You must not encourage or assist any other user to breach these provisions. You are solely responsible for your User Content.
You agree that by submitting any material of any kind to us (including but not limited to posting chat) for any purpose connected with The Product (for examples, suggestions and ideas for any game or contributions to any gallery page), You are giving us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) publish and distribute such User Content for any purpose including to make available such User Content to third parties[, provided that Merge may not use User Content in violation of the Privacy Policy]. You agree to waive any moral rights to the extent permitted by law and that You will not withdraw the submission or attempt to make a charge for its use. Furthermore, You warrant that You are the exclusive copyright and intellectual property rights holder in relation to the submission and that the submission in no way breaches the rights of any other person or entity.
Any User Content You upload to The Product will be considered non-confidential and non-proprietary. You warrant and represent that any User Content You upload is your original content, does not contain any third-party personal data, and that You have all necessary rights and consents to provide Us with such User Content.
You undertake and acknowledge that You shall have no ownership or other proprietary interest in The Product or User Content that You create, except as expressly stated within the terms of this Licence. You undertake, acknowledge and agree that any interest in any elements of the User Content that represent, comprise, derive or are based upon any intellectual property rights which exist within The Product (including but not limited to any computer code, themes, objects, characters, character names, stories, dialogues, catch phrases, locations, concepts, artwork images, animation, sounds, musical compositions, audio-visual effects or text), including without limitation copyrights, trademarks and other intellectual properties therein and/or related thereto, whether or not registered or registerable, are owned by, or for the benefit of Merge and its licensors.
You agree that your use of The Product will at all times be in accordance with any player policies contained in the Product or any general code of conduct for players made available on our website via https://www.mergegames.com/. Specifically, You agree that You will not exploit other players, whether through scamming, account sharing, win-trading or any other conduct that may degrade the gaming experience for other players. You also agree that You will not behave in any way that intentionally detracts from others' enjoyment of The Product (including but not limited to griefing, throwing or feeding). You agree that You will treat other players with appropriate respect, consistent with an enjoyable environment for all players in accordance with the ethos of The Product.
In-Game Data & Monitoring
We may collect certain technological, non-personally identifiable information about your gameplay, including your accomplishments, use of features, communications with us and other players, and other in-game activities. We use this data to provide, analyze, and improve our games and offerings. You understand and agree that Merge, its affiliates and its service providers may monitor, record, review, modify, use, and/or disclose your in-game activities and communications without further notice to You. You acknowledge that Merge, its affiliates and its service providers are under no obligation to monitor in-game activities or communications.
During use of The Product, we or The Product may monitor Your hardware random access memory (RAM) for unauthorized third party programs prohibited by this Agreement that interact with The Product. In the event that we or The Product detects such an unauthorized third party program, information may be communicated back to us, including the name of your Account, your internet protocol (IP) address, details about the unauthorized third party program detected, and the time and date that the unauthorized third party program was detected, along with the hardware specifications and performance characteristics of your hardware, with or without additional notice to You. If the Product detects the use of an unauthorized third party program, this License and your access to The Product may be terminated with or without additional notice to You.
Disclaimer of Warranties
To the fullest extent permissible under applicable law, The Product, all accompanying files, data and materials, are distributed "AS IS" and with no warranties, performance assurances or guarantees of any kind, whether express or implied, including without limitation any implied warranties of condition, quality, satisfaction, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement. Merge does not warrant that The Product will be error-free or that it will interoperate or be compatible with any other software or that any errors in the software will be corrected. To the maximum extent permitted by applicable law, we do not represent or warrant that access to The Product will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted via The Product. We do not guarantee that You will be able to access or use The Product at times or locations of your choosing, or that we will have adequate capacity for The Product as a whole or in any specific geographic area.
You assume all risk of using The Product. This disclaimer of warranty constitutes an essential part of the agreement.
Limitation of Liability
Merge shall not be liable in any way for any loss or damage of any kind arising out of The Product or any use of The Product including, without limitation, loss of data, computer failure or malfunction, or any and all other damages or losses, Furthermore, Merge shall not be liable in any way for loss or damage to digital assets such as characters, virtual goods or currency in The Product, accounts or statistics. Merge shall not be responsible for any interruptions of service, including without limitation software or hardware failures, or any other event which may result in a loss of data or disruption of service. In no event shall Merge Games Ltd, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of The Product.
Nothing in this Licence shall limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by English Law. For the avoidance of doubt, in no event does Merge Games Ltd authorise You to use The Product in applications or systems where The Product's failure to perform can reasonably be expected to result in property damage, a physical injury, or in loss of life. Any such use by You is entirely at your own risk, and You agree to hold Merge Games Ltd harmless from any claims or losses relating to such unauthorised use.
Termination
We may terminate this Licence and any user Account in The Product immediately if You commit a breach of this Licence.
Upon termination for any reason: (a) all rights granted to You under this Licence shall immediately cease; (b) You must immediately cease all activities authorised by this Licence; (c) You must immediately delete or remove The Product from all computer equipment in Your possession, and (d) your access to and use of The Product will immediately cease and be terminated.
Miscellaneous
Each of the warranties and conditions (or rights and obligations) of this Licence operates separately.
If any provision, or part provision, of this Licence, including each of the warranties and conditions (or rights and obligations) is found to be illegal, invalid or unenforceable by any court or competent authority, the legality, validity and enforceability of the remaining provisions, including the warranties and conditions of this Licence will not be affected.
We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence. You may not transfer or assign your rights and obligations under this Licence to a third party.
If we fail to insist that You perform any of your obligations under this Licence, or if We do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against You and will not mean that You do not have to comply with those obligations.
This Licence, its subject matter and its formation, are governed by the laws of England and Wales. You and We both agree that the courts of England will have exclusive jurisdiction.
This Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements, provided, however, that this Licence shall co-exist with, and shall not supersede, any applicable terms and conditions and the Privacy Policy. This Agreement shall be governed by the laws of England & Wales.