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Terms of use

Terms of Service & End User Licence Agreement (Terms) 1. INTRODUCTION

1.1 Thank you for playing Reality Clash Armoury (Game), brought to you Reality Clash Limited (we, us or our). These terms of use (Terms), together with our privacy policy (Privacy Policy), set out the terms that apply to your use of the Game. By accessing the Game, by registering for an account with us you agree to be bound by these Terms as well as the terms of use relating to the trading platform (Trading Platform Terms and Conditions) (and any additional terms referred to in that document). In these Terms, when we refer to “you” and “your” we mean you, the person using the Game.

1.2 The Game is currently available via the Apple App Store and Google Play (together the App Stores). By downloading, accessing and/or using the Game, you agree to be bound by these Terms in addition to any usage rules or terms of services which may apply between you and the App Store from which you have accessed the Game, including without limitation Apple’s App Store Usage Rules and Google Play Terms of Services (App Store Terms). You acknowledge and agree that neither Apple Inc. or Google Inc. as may be applicable (App Store Providers) are party to these Terms and that these Terms are concluded between you and us only.

1.3 If you are under the age of 17, please do not use the Game. By using the Game you confirm to us that you are 17 years old or over.

1.4 These Terms, together with our Privacy Policy and General Terms and Conditions set out the ways in which you may access and use the Game. Please read these Terms, the Privacy Policy and the Trading Platform Terms and Conditions carefully before using the Game.

1.5 If you are using the Game on behalf of another person (for example a family member or friend) so that he or she can benefit from the Game, you must obtain his or her consent to do so and ensure that he or she agrees with these Terms and the Privacy Policy.

1.6 We may make changes to these Terms from time to time. We will invite you to accept our new Terms before you next use the Game. You must accept the changes to continue to use the Game.

2. ABOUT US AND COMPLAINTS

2.1 We are Reality Clash Limited, a company incorporated in Gibraltar. Our company number is 116108. Our registered address is 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1 AA.

2.2 If you have any queries about these Terms or the Game, or would like to contact us for any other reason, including in relation to any complaints, please do so using the following details: Email: info@realityclash.com Address: 77 Shaftesbury avenue, London, W1D 5DU

3. ACCESS TO THE APP

3.1 The Game is currently made available to you for your personal, non-commercial use, free of charge.

3.2 You are responsible for obtaining (at your own cost) all necessary devices and telecommunications services required to access the Game. You are also responsible for ensuring that no person uses your device to access the Game without your permission. We will be entitled to assume that anyone who accesses the Game using your device has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons whilst using your device.

4. INTELLECTUAL PROPERTY & LICENCE RESTRICTIONS

4.1 For the purposes of these Terms, “Intellectual Property Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

4.2 All Intellectual Property Rights in and to the Game and any and all features, content, materials and information made available via the Game, are owned by or licensed to us and shall remain owned by us or our licensors at all times.

4.3 The use of any virtual weapons (specifically guns) or other specific interactive and/or entertainment content (“Virtual Weapons”) purchased through the Trading Platform shall be governed by the Trading Platform Terms and Conditions.

4.4 You may purchase a licence to use the Virtual Weapons stocked in the “armoury shop” in the Game at the price specified in the Game. Such Virtual Weapons are licensed to you only and you hereby acknowledge that no title or ownership in any part of Game is being transferred or assigned and these Terms are not to be construed as a sale of any rights in any part of the Game.

4.5 Subject to your continued compliance with these Terms and any applicable App Store Terms, we hereby grant to you a non-exclusive, non-transferable, non-sub-licensable, revocable, perpetual licence to access and use the Game or any Virtual Weapon for your own personal, non-commercial use.

4.6 Except as expressly set out in these Terms or as permitted by any applicable law, you agree:

4.6.1 not to copy the Game or any Virtual Weapon except where such copying is incidental to normal use of the Game or any Virtual Weapon, or where it is necessary for the purpose of back-up or operational security;

4.6.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Game or any Virtual Weapon;

4.6.3 not to make alterations to, or modifications of, the whole or any part of the Game or any Virtual Weapon or permit the Game or any Virtual Weapon or any part of it to be combined with, or become incorporated in, other programs; and

4.6.4 not to reverse engineer, decompile, disassemble or otherwise attempt to obtain the Game’s or any Virtual Weapon’s source code.

4.7 These Terms are not intended to prevent you taking personal copies of any information from the Game or disclosing such information free of charge, to family members or friends, for non-commercial purposes.

4.8 If you breach any key provision of these Terms, this licence will immediately terminate and you must immediately cease use of the Game.

5. YOUR ACCOUNT

5.1 If you would like to use the Game or purchase any Virtual Weapons you must first create an account with us (Account).

5.2 When registering for an Account, you must provide us with true, accurate, and complete data about yourself and keep this information up to date.

5.3 Your Account is personal to you and so you must keep your Account username and password confidential, and must not disclose it to any other person or entity.

5.4 If you think that someone other than you has accessed your Account without your permission or if you lose your username or password, you must let us know immediately using the contact details in Clause 0 above.

6. USE OF THE APP

6.1 You must not:

6.1.1 provide false personal information when creating and maintaining your Account profile or when using the Game;

6.1.2 use the Game in any improper or unlawful manner or in breach of any legislation or licence that applies to you;

6.1.3 infringe our Intellectual Property Rights (as defined in Clause 4) or those of any third party in relation to your use of the Game;

6.1.4 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Game; or

6.1.5 use the Game in a way that could damage, disable overburden, impair or compromise our systems or security or interfere with other users.

6.2 You agree to comply with all reasonable instructions that we may give you regarding your use of the Game.

6.3 You warrant that:

6.3.1 the information that you share with us is, to the best of your knowledge, true, accurate, complete and not false or misleading; and

6.3.2 if you are sharing information with us on behalf of another person aged 18 or over, you have their consent to do so.

7. WARRANTIES AND DISCLAIMERS

7.1 We will exercise all reasonable skill and care in providing the Game to you. However, we are not able to guarantee the availability of the Game or the accuracy, completeness, currency or reliability of any features, content, materials or information on the Game that we obtain from others.

7.2 Except as expressly provided in these Terms, the Game and all features, content, materials and information provided through it are provided on an "as is" basis without guarantee of any kind and any conditions, statements and warranties (including any warranty of reliability, completeness, accuracy or non-infringement) are excluded to the fullest amount permissible by law.

8. LIMITATION OF LIABILITY

8.1 In these Terms we do not exclude or limit our liability to you where it would be unlawful to do so. This includes any liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation.

8.2 Subject to Clause 0, you agree that neither we nor the applicable App Store Provider shall be liable for:

8.2.1 any direct loss, claim or damage;

8.2.2 any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including lost savings or loss or corruption of data); or

8.2.3 any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (a) any use of the Game; (b) any failure or delay in the use of any component of the Game including any unavailability of the Game irrespective of duration of any period of unavailability; or (c) any use of or reliance upon any feature, content, material or information, obtained through the Game, in all cases even if we have been forewarned of the possibility of such loss or damage.

8.3 Without limiting the effect of Clause 0, due to the inherent risks of using the internet, we cannot be liable for any damage to or viruses that may infect your device or any other property when you are using the Game.

8.4 You acknowledge and agree the applicable App Store Provider has no obligation whatsoever to provide any maintenance and/or support services with respect to the Game. Any maintenance and/or support queries should be addressed to us using the contact details set out in Clause 2.2. We will respond to customer support enquiries within three (3) working days, and within 24 hours to any concerns identified as critical by an App Store Provider.

8.5 We, and not the App Store Provider, shall be responsible to you for any failure of the Game to comply with any product warranties relating to the Game, whether expressed or implied by law, and which we are not permitted to exclude or disclaim because of applicable law. If the Game fails to conform to any such warranty:

8.5.1 if you downloaded the Game via the Apple App Store, you may notify Apple, and Apple will refund the purchase price for the Game to you, if any, however notwithstanding the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Game; or

8.5.2 if you downloaded the Game via Google Play, you should contact us as soon as possible using the contact details set out in Clause 2.2.

8.6 We, and not the applicable App Store Provider, will be solely responsible for addressing any claims that you or any third party may have with respect to the Game or your possession or use of the Game, including, but not limited to any:

8.6.1 product liability claim;

8.6.2 Intellectual Property Rights claim brought against you by a third party;

8.6.3 claim that the Game fails to conform to any applicable legal or regulatory requirements; and

8.6.4 claim arising under consumer protection or similar legislation.

9. TERMINATION

9.1 We may stop making the Game available, make changes to the Game or cease providing any of the features, content, materials, information or services provided via the Game at any time in our absolute discretion for any reason whatsoever. We do not have to tell you before we do this.

9.2 You will have no right to a refund for any Virtual Weapon that you have purchased a licence for, unless the Virtual Weapon is defective.

9.3 You may uninstall the Game from your device, and stop using the Game, at any time.

10. DATA AND PRIVACY

10.1 You hereby grant to us a non-exclusive, royalty-free, sub-licensable, transferable, irrevocable (other than in relation to your personal data, which shall be a revocable licence) to the information, content and data you provide to us via the Game for our use in relation to the Game.

10.2 We will only use any personal information that we may collect about you in accordance with our Privacy Policy. Please read the Privacy Policy carefully as you may need to provide us with certain consents in order to share with us the personal information required for the Game.

11. ASSIGNMENT AND THIRD PARTY RIGHTS

11.1 Subject to Clauses 11.2 and 11.3, only you and we can enforce these Terms against each other.

11.2 You acknowledge and agree that the applicable App Store Provider (and each of its respective subsidiaries) is a third party beneficiary of these Terms and therefore may enforce its respective rights under these Terms against you.

11.3 We may assign these Terms and the Privacy Policy to a purchaser of substantially all of our business or assets. If we do, we will notify you of the assignment.

12. GENERAL

12.1 If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

12.2 If a court or regulator finds any part of these Terms illegal, invalid or otherwise unenforceable regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.

12.3 These Terms, our Privacy Policy and our Trading Platform Terms and Conditions set out the full extent of our obligations and liabilities concerning the Game and any products or services provided through it and replace any previous agreements and understandings between us and you.

12.4 These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law. To the extent that the law in which you are resident permits, you agree to submit to the non-exclusive jurisdiction of the English courts.