Terms of Use

1. INTRODUCTION

1.1 This game "AQ: First Contact" (Game) is published by Seven Point Red Ltd, a company incorporated under the laws of England and Wales with its registered office at Hermes House, Fire Fly Avenue, Swindon, England, SN2 2GA (7PR). 7PR's VAT number is GB227509994.

1.2 Please read these Terms of Use (Terms) carefully along with the Game's Privacy Policy as, together, they set out the basis on which you may download, access and/or play the Game. These Terms and the Game's Privacy Policy apply in addition to the terms of service and privacy policy of the relevant app store provider from whom you downloaded the Game (App Store Provider).

1.3 By downloading the Game on any platform you are confirming to 7PR that you have read these Terms and that you agree to be bound by them. You also acknowledge that that the App Store Provider is not a party to these Terms and that these Terms are concluded between you and 7PR only.

1.4 7PR may revise these Terms at any time. Any changes made to these Terms will be applicable from the date they are published. 7PR will endeavour to notify you of any changes that are going to be made to these Terms reasonably in advance of the date on which such changes take effect and invite you to accept the new Terms. Please note that if you do not to accept any new Terms 7PR publishes then you may no longer be able to access the Game.

2. CONTACT INFORMATION

2.1 If you would like to contact 7PR for any reason in connection with the Game, including to make a complaint about the Game or anything contained in the Game, please do so using the following details:

3. AGE LIMITS

3.1 The Game is intended to be played by users who are at least 13 years old. If you are under 13 years old, please do not play the Game. If you are younger than 18 years old, you should read these Terms and our Privacy Policy with your parents or guardians to make sure that you understand them and that you are happy to be bound by these Terms. By playing the Game, you are confirming to 7PR that you are at least 13 years old. Your ability to play the Game may be terminated without warning if 7PR has any reason to believe that you are younger than 13 years old.

4. ACCESS TO AND USE OF THE GAME

4.1 There is currently no charge to download the Game (although you will be charged for any In-App Purchases you make (see Clause 5 for more information)). 7PR may stop offering the Game free of charge at any time.

4.2 In order to play the Game, you will need to register in the Game as a player. To register as a player, you will need to complete a registration form which will require you to submit an original username. You will also have the option of linking your username with your other social media and platform accounts such as Google Play, Facebook or Game Center account. If you are playing the PC or MAC version of the Game you will need to submit your email address to 7PR as part of the registration process. If you are playing the Game on any other platform you may voluntarily submit your email address to 7PR as part of the registration process. 7PR reserves the right to refuse to accept any username and/or email address which it deems to be inappropriate (in its sole discretion) or which has already been registered for a different user.

4.3 Your account is personal to you and you are not entitled to transfer your account to any other person. You agree to take all steps necessary to protect your account log in details and keep them secret. You shall not give your log in details to anyone else or allow anyone else to use your log in details or account.

4.4 7PR will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate 7PR for any losses or harm that may result. 7PR will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using the Game and 7PR accepts no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.

4.5 If you breach any provision of these Terms, your player account may be terminated by 7PR at any time. If your player account is terminated, your authorisation to access and play the Game and to use any items you have purchased via In-App Purchases will also terminate and you will not be entitled to a refund.

4.6 If you delete your account, or if 7PR deletes your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through the Game and/or the level or score you have reached in the Game and any items you have purchased via In-App Purchases).

4.7 You agree that you will not:
(a) reverse engineer, decompile, disassemble or otherwise attempt to obtain the Game's source code, other than as permitted by applicable law;
(b) use software (including any spider, scraper or bot) to monitor, harvest or copy any information from the Game; or
(c) create multiple player accounts for the Game.

4.8 The specific game rules, scoring rules and controls for the Game can be found within the Game itself. Such rules, scoring rules, controls and any other rules that may be in the Game form part of these Terms and you agree that you shall comply with them when you play the Game.

4.9 You agree to comply with all reasonable instructions that 7PR may give you regarding your use of the Game.

4.10 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. 7PR 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.

4.11 By accessing the Game, you represent and warrant that:
(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(b) you are not listed on any U.S. Government list of prohibited or restricted parties.

4.12 From time to time 7PR may issue updates to the Game to improve performance, enhance functionality, reflect changes to the operating system or address security issues. When 7PR does issue updates it will ask you to update the Game (either through the relevant App Store Provider (for mobile users) or by visiting our website (for PC and Mac users)). If you choose not to install such updates you may not be able to continue using the Game.

5. SOCIAL MEDIA FUNCTIONALITY

5.1 It may be possible to link your social media and platform account(s) to the Game. This will enable you to share your achievements in the Game with your friends who are also logged in and playing and also enable you to see their achievements. If you have a Game Center account (or similar depending on the platform from which you downloaded the Game), your achievements may be automatically saved to your Game Center (or similar) account.

5.2 The Game may contain social media "share" functionality that allows you to post to your social media channels such as your Facebook wall and/or your Twitter feed. This "share" functionality may contain pre-populated text that can be edited by you. You acknowledge and agree that you are fully responsible for the text that is included in any "shares" that you choose to make to your social media channels.

5.3 The Game may contain third party "cloud save" functionality, which allows you to save your progress in the Game so that you can transfer between multiple devices and resume playing the Game from where you last saved your progress. This is achieved by logging into the Game via a third party social media account, such as Facebook, and sharing a token with the cloud saving service provider. Your use of any such third party cloud save functionality will be governed by the terms and conditions/end user licence agreement of the relevant third party cloud saving service provider.

6. IN-APP PURCHASES

6.1 The Game may include in-app purchases that allow you to buy certain things with real money to use within the Game (In-App Purchases). Whilst you cannot switch off In-App Purchases from being offered to you within the Game and there is no cap on the number of In-App Purchases you can make, you may be able to switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to play the Game (see paragraph 6.3 below for more on this). You acknowledge and agree that you are fully responsible for managing your In- App Purchases and the amount you spend on In-App Purchases within the Game.

6.2 7PR reserves the right to determine, in its absolute discretion, the quantities of the items which may be purchased via such In-App Purchases and how much to charge for any such items.

6.3 If you are playing the Game on a iOS and Google Android device, you can manage your ability to complete In-App Purchases by adjusting the settings on the device you are using to play the Game. More information about how you can manage In-App Purchases on your device can be found either in the App Store Provider's terms and conditions, in your device's help settings or online.

6.4 If you are younger than 18 years old, you must have your parents' or guardians' permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to 7PR that you have any permissions that may be necessary in order to allow you to make that In-App Purchase.

6.5 If you are a parent or legal guardian of someone under the age of 18, 7PR recommends that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.

6.6 In App Purchases can only be consumed within the Game. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated it. In App Purchases cannot be redeemed for money or any other consideration or otherwise transferred. If you make any In- App Purchases in the Game, then the App Store Provider's terms and conditions applicable to In- App Purchases may also apply.

6.7 If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, 7PR will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. 7PR will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will 7PR charge you anything further to replace or repair the In-App Purchase. In the unlikely event that 7PR is unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, 7PR will authorise the App Store Provider to refund you an amount up to the cost of the relevant Game Item.

6.8 If any damage is caused to your device by any item you have purchased via an In-App Purchase, you are entitled to:
(a) request that 7PR repairs the damage within a reasonable period of time; or
(b) receive compensation from 7PR for the damage caused to your device.

6.9 If you play the game on a mobile device, the price of any In-App Purchase will be charged to the debit or credit card registered to your account with the App Store Provider from whom you downloaded the Game. If you play the game on a mobile device all billing and transaction processes are handled by the App Store Provider from whom you downloaded the Game and are governed by the App Store Provider's terms and conditions. If you have any payment related issues with any In-App Purchase made via a mobile device, you should contact the relevant App Store Provider directly.

7. IN-GAME CHAT

7.1 The Game includes certain functionality that enables you to chat with other players (Chat Functionality). When using the Game's Chat Functionality, you agree that you will not submit any content:
(a) that is confidential, defamatory, infringing, pornographic, obscene, offensive, racist, indecent, threatening, harassing or otherwise unlawful or objectionable;
(b) that you do not own or do not have the permission of the owner or any other relevant person who may have rights in or connected to the content you are uploading;
(c) that includes any personal data, if submitting it would be a breach of the Data Protection Act 2018, infringe any third party's rights of privacy or publicity or breach any other applicable data protection or privacy legislation; or (d) that infringes the intellectual property rights (or other legal rights) of another person.

7.2 You hereby grant 7PR a perpetual, royalty-free and worldwide right to copy, store, distribute, adapt, communicate it to the public, publicly perform, and use any content that your submit to the Game via the Chat Functionality for any purpose in connection with the operation or exploitation of the Game.

7.3 The views expressed by other players in the Game do not represent 7PR's views or values. 7PR is not, and will not, be responsible, or liable to you or any third party, for any content submitted by you or any other player of the Game.

7.4 7PR has the right to disclose your identity to any third party who is claiming that any content submitted by you to the Game constitutes a violation of their intellectual property rights, right to privacy or publicity, is defamatory of them, or otherwise infringes any of their other legal rights.

7.5 Without prejudice to Clause 4.5, if you breach any provision of this Clause 7, 7PR may suspend (for such time as may be determined by 7PR in its absolute discretion) or terminate your ability to access the Chat Functionality.

8. PLAYING THE GAME WITH OTHER USERS

8.1 The Game allows you to play against an opponent or to play socially with other users. You may be able to:
(a) choose to play against another user or to play socially with another user whom 7PR selects for you, or
(b) play against, or play socially with, one of your contacts on a platform or social network which you have allowed the Game to interact with. The Game may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. 7PR may also display the display names of your past opponents so that you can easily find them to play again.

8.2 Where 7PR selects another user for you, 7PR may either select at random or use such criteria as 7PR sees fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).

8.3 By accessing and/or playing the Games you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that 7PR will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.

9. NOTICE AND TAKEDOWN PROCEDURE

9.1 7PR does not actively monitor the content that players submit to the Game via the Chat Functionality. 7PR does not therefore accept any responsibility or liability for any such content in the Game.

9.2 If you become aware that any other player has submitted content via the Chat Functionality which is inappropriate, offensive or does not comply with any of the provisions of these Terms (Disputed Content), you may notify us by contacting us at: and providing us with adequate details of the Disputed Content in question, when it was submitted and the username of the player responsible for submitting such Disputed Content. 7PR will act expeditiously in dealing with the Disputed Content in question following our receipt of your notice.

9.3 7PR has the right to remove any content from the Chat Functionality at any time for any reason and without notice in our sole discretion.

9.4 For the avoidance of doubt, any decision 7PR makes in connection with the removal or disablement of any content from the Game is final and 7PR accept no liability to you (or any other person) in respect of any such decision.

10. IN-GAME ADVERTISING

10.1 The Game may include third party advertising. If the Game includes any third party advertising, such third party advertising may operate as a link which, if tapped by You, will take you out of the Game and to a third party's website or page on the relevant App Store Provider's app store. 7PR makes no warranties or representations whatsoever about any third party websites, apps or games which you may access through the Game or any services that are provided by any such third parties. If you decide to tap on any such third party advertising, you do so at your own risk.

10.2 Please note that the third parties whose products and/or services are being advertised or promoted in the Game are responsible for those products and/or services as well as for the content of the advertisements for those products and/or services. Any websites, apps, games or pages linked to from any such third party advertising will be governed by the relevant third party's own terms of service and privacy policy.

10.3 The inclusion of any third party's advertising in the Game does not necessarily imply that 7PR or the Game is affiliated to or associated with such third party advertiser.

11. MAINTENANCE AND SUPPORT

11.1 Save as expressly set out in these Terms, 7PR is solely responsible for the Game, including providing any maintenance and support for the Game. In no event will the App Store Provider from whom you downloaded the Game have any obligation to provide any such maintenance or support services in respect of the Game.

11.2 7PR doesn't guarantee that the Game will always be available or that it will be updated. You understand that 7PR may discontinue the Game or make changes to the Game at any time for any reason or no reason without notice or liability to you. If 7PR plans to discontinue the Game, it will endeavour to notify you of the discontinuance of the Game reasonably in advance of the date on which such discontinuance takes effect.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 The Game and any and all features, content, materials and information made available via the Game (including any In-App Purchases) belongs to 7PR and/or its licensors and is protected by intellectual property laws around the world. You do not own the Game or any content you purchase via an In-App Purchase. The Game and any such items you purchase are licensed to you in accordance with these Terms.

12.2 Subject to your continued compliance with these Terms, 7PR hereby grants to you a nonexclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the Game and any content you purchase via any In-App Purchase for your own personal, non-commercial entertainment.

12.3 You are only allowed to use and play the Game for your own personal non-commercial purposes in accordance with these Terms and the App Store Provider's terms and conditions/end user licence agreement. You are not allowed to copy or distribute or transfer or (except as expressly set out in these Terms or as permitted by the Game's functionality) communicate to the public the Game or any content within the Game or interfere with the normal operation of the Game (e.g. you are not permitted to upload, re-sell, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify in any way or create derivative works from the Game or any updates or any part thereof, other than as permitted by applicable law). Notwithstanding these restrictions, any open source software components included in the Game will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.

13. RIGHT TO CANCEL

13.1 If you live in the European Union you have certain rights to withdraw from distance purchases.

13.2 However, please note that when you purchase a licence from us to use items purchased via In- App Purchases, you acknowledge and agree that 7PR will begin the provision of such items to you promptly once your purchase is complete (i.e. our servers validate your purchase and the applicable item is successfully credited to your account on our servers) and therefore your right of withdrawal is lost at this point.

14. LIABILITY

14.1 7PR will endeavour to use reasonable care and skill in making the Game available to you.

14.2 Save for in respect of any content you purchase via any In-App Purchase, the Game and any services, content and materials made available through it are provided on an "as is" basis and 7PR does not make any representation or warranty of any kind, either express or implied in relation to the Game or any services, content or materials made available through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy or reliability.

14.3 If you have purchased an item via In-App Purchases and that item is not of satisfactory quality, fit for purpose or as described, you are entitled to:
(a) request that 7PR, at its own cost, repair or replace that item within a reasonable period of time; or
(b) receive a refund of an amount up to the purchase price of that item where a repair or replacement is impossible or cannot be done within a reasonable period of time or without significant inconvenience to you.

14.4 Whilst 7PR will exercise reasonable care and skill to ensure that the Game and any items purchased via In-App Purchases and their content are virus free, 7PR does not guarantee that the Game will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Game or any products, services or content provided through it will be free from errors or omissions. As 7PR cannot guarantee that the Game will be free from bugs or viruses, 7PR recommends that you use anti-virus software to protect your device when accessing the Game. However, if you do take these steps and any damage is caused to your device by the Game (or any items purchased via In-App Purchases made by you), you are entitled to:
(a) request that 7PR repairs the damage within a reasonable period of time; or
(b) receive compensation from 7PR for the damage caused to your device.

14.5 Other than as expressly set out in these Terms, neither 7PR nor any of its third party partners and/or licensors, including the App Store Provider, accept any liability (whether based in contract, tort or otherwise) for any claim, loss, liability, damage, cost or expense caused by your use of the Game or any content you purchase via any In-App Purchase that does not arise as a result of a breach by 7PR of these Terms and is not reasonably foreseeable at the time you entered into these Terms. In no event will 7PR or any of its third party partners and/or licensors be liable to you for any loss of profits that may arise as a result of your use of the Game or purchase of any content via In-App Purchases.

14.6 Nothing in these Terms excludes or limits 7PR's liability for death or personal injury arising from its negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.

15. GENERAL

15.1 You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them. Notwithstanding the foregoing, you acknowledge and agree that the App Store Provider and each of its respective subsidiaries are third party beneficiaries of these Terms and therefore may enforce their respective rights under these Terms against you.

15.2 You may uninstall the Game from your device at any time.

15.3 In the event that there is a conflict between these Terms and the App Store Provider's terms and conditions, the App Store Provider's terms and conditions shall prevail.

15.4 You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.

15.5 If 7PR decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

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

15.7 These Terms and any dispute arising out of or in connection with them (including any noncontractual claims) shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question. Any matters arising between you and the App Store Provider shall be as set out in the App Store Provider's terms and conditions.

Last Updated: August 2020

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Dawn Of Storms -
AQ: First Contanct -