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The terms of this agreement ("the Terms") govern the relationship between you and Earthbound Games Ltd regarding your use and/or accessing of Earthbound’s “Axiom Soccer” game and related services ("the Services"). By accessing or using the Services you accept and agree to these terms and conditions.
1. Ownership
The Services belong to Earthbound Games Ltd ("Earthbound" or “the Company”) and they and their contents are protected by copyright and all other relevant Intellectual Property Rights. Reproduction of any part or parts of the Services or any of their contents is only allowed (a) in accordance with these Terms and Conditions or (b) with the prior written permission of Earthbound.
2. Licence
Subject to the Terms, Earthbound grants you a limited, non-exclusive, non-transferrable and revocable licence to access the Services and their contents; and to download information contained to a single personal computer solely for personal and non-commercial use and you agree not to use the Services for any other purpose. You may not modify any such content or make use of it for any purpose other than that which Earthbound allows you to do.
3. Conduct & Confidentiality
By accessing the Services you agree that you:-
(a) will only use the Services and their content for lawful purposes;
(b) will not do anything which interferes with any other user of the Services;
(c) will not create, upload or post any material on to the Services which is contrary to public policy, immoral, indecent, threatening, obscene, defamatory, libellous or racially, sexually, religiously or otherwise objectionable or offensive;
(d) will not create, upload or post on to the Services any material which would breach the Intellectual Property Rights of anyone else;
(e) shall only use the Services for personal and non-commercial purposes;
(f) have a valid account on the services provider through which you connect to the Services.
(g) shall comply with the terms of service/use of the service as well as the Terms.
(h) the foregoing provisions in respect of Confidential Information endure without limit of time.
4. Availability and Updates
4.1 Earthbound excludes any representation or warranty that the content of the Services will be accurate, complete or current nor does it warrant that the Services and/or their contents will be uninterrupted or error free.
4.2 The Services are evolving and you accept that updates to the Services may be made from time to time with or without notifying you. You may need to update third party software from time to time in order to receive the Services.
5. Access
By accessing the Services you agree to abide by these terms and conditions and if you do not Earthbound has the right to block, suspend or terminate access with or without notice to you. If your use of the Services requires you to open an account you will provide all details required by Earthbound or the service provider which will be correct in all material circumstances. You shall be solely liable to maintain the integrity of any password and account details you use in connection with your accessing the Services and their content and will be solely liable for any unauthorised use by anybody else which causes problems for you or for any other user of the Services or their content if there is no fault of Earthbound.
6. Links
If you link to the Services through a third party service or if you link from the Services to a third party service then Earthbound has no liability whatsoever to you in relation to your use of such other services and you must satisfy yourself with the terms of the Privacy Policies and the terms of use of these websites before using them.
7. Amendments to Terms
Earthbound will put a notice on its website of any changes occurring in relation to the Terms and shall leave it on the website for not less than 30 days. The Terms will indicate when they were last updated.
8. Termination of Service
Earthbound reserves the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily at which point your licence to use the Services or any part thereof will be automatically terminated or suspended.
9. Limitation of Liability
9.1 Earthbound are not responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your accessing the Services or their content. The only remedy to which you are entitled is to cease accessing the Services and their content. You fully indemnify Earthbound and its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, from any and all claims or demands resulting from your accessing the Services and their content.
9.2 By accessing the Services you agree that the use thereof is entirely at your own risk and that the Services are provided without any representation, term, condition or warranty of any kind, but not limited to warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent any such exclusions are prohibited under any applicable law) either expressed or implied (or whether implied by law, custom or otherwise) in respect of the Services and their contents.
10. Applicable Law
The Law of Scotland shall apply to the Terms and if there is any dispute the matter shall be subject to the exclusive jurisdiction of the Scottish Courts and by accessing the Services you agree to submit to the jurisdiction of the Scottish Courts.
1. Ownership
The Services belong to Earthbound Games Ltd ("Earthbound" or “the Company”) and they and their contents are protected by copyright and all other relevant Intellectual Property Rights. Reproduction of any part or parts of the Services or any of their contents is only allowed (a) in accordance with these Terms and Conditions or (b) with the prior written permission of Earthbound.
2. Licence
Subject to the Terms, Earthbound grants you a limited, non-exclusive, non-transferrable and revocable licence to access the Services and their contents; and to download information contained to a single personal computer solely for personal and non-commercial use and you agree not to use the Services for any other purpose. You may not modify any such content or make use of it for any purpose other than that which Earthbound allows you to do.
3. Conduct & Confidentiality
By accessing the Services you agree that you:-
(a) will only use the Services and their content for lawful purposes;
(b) will not do anything which interferes with any other user of the Services;
(c) will not create, upload or post any material on to the Services which is contrary to public policy, immoral, indecent, threatening, obscene, defamatory, libellous or racially, sexually, religiously or otherwise objectionable or offensive;
(d) will not create, upload or post on to the Services any material which would breach the Intellectual Property Rights of anyone else;
(e) shall only use the Services for personal and non-commercial purposes;
(f) have a valid account on the services provider through which you connect to the Services.
(g) shall comply with the terms of service/use of the service as well as the Terms.
(h) the foregoing provisions in respect of Confidential Information endure without limit of time.
4. Availability and Updates
4.1 Earthbound excludes any representation or warranty that the content of the Services will be accurate, complete or current nor does it warrant that the Services and/or their contents will be uninterrupted or error free.
4.2 The Services are evolving and you accept that updates to the Services may be made from time to time with or without notifying you. You may need to update third party software from time to time in order to receive the Services.
5. Access
By accessing the Services you agree to abide by these terms and conditions and if you do not Earthbound has the right to block, suspend or terminate access with or without notice to you. If your use of the Services requires you to open an account you will provide all details required by Earthbound or the service provider which will be correct in all material circumstances. You shall be solely liable to maintain the integrity of any password and account details you use in connection with your accessing the Services and their content and will be solely liable for any unauthorised use by anybody else which causes problems for you or for any other user of the Services or their content if there is no fault of Earthbound.
6. Links
If you link to the Services through a third party service or if you link from the Services to a third party service then Earthbound has no liability whatsoever to you in relation to your use of such other services and you must satisfy yourself with the terms of the Privacy Policies and the terms of use of these websites before using them.
7. Amendments to Terms
Earthbound will put a notice on its website of any changes occurring in relation to the Terms and shall leave it on the website for not less than 30 days. The Terms will indicate when they were last updated.
8. Termination of Service
Earthbound reserves the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily at which point your licence to use the Services or any part thereof will be automatically terminated or suspended.
9. Limitation of Liability
9.1 Earthbound are not responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your accessing the Services or their content. The only remedy to which you are entitled is to cease accessing the Services and their content. You fully indemnify Earthbound and its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, from any and all claims or demands resulting from your accessing the Services and their content.
9.2 By accessing the Services you agree that the use thereof is entirely at your own risk and that the Services are provided without any representation, term, condition or warranty of any kind, but not limited to warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent any such exclusions are prohibited under any applicable law) either expressed or implied (or whether implied by law, custom or otherwise) in respect of the Services and their contents.
10. Applicable Law
The Law of Scotland shall apply to the Terms and if there is any dispute the matter shall be subject to the exclusive jurisdiction of the Scottish Courts and by accessing the Services you agree to submit to the jurisdiction of the Scottish Courts.