1.1 This game (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.
1.3 By downloading the Game 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
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 with your parents or guardians to make sure that you understand them and are happy to be bound by them. 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 to purchase Game Items (see Clause 5 for more information)). We 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 Google Play, Facebook or Game Center account. You may also 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 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 the Game and to use any Game Items you have purchased will also terminate and you will not be entitled to a refund.
4.4 You agree that you will not:
(a) reverse engineer, decompile, disassemble or otherwise attempt to obtain the Game's source code;
(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.
4.5 You agree to comply with all reasonable instructions that 7PR may give you regarding your use of the Game.
4.6 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.
4.7 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.
5. IN-APP PURCHASES
5.1 The Game may include certain items that have to be purchased by you with real money in order to be useable within the Game (Game Items). 7PR reserves the right to determine, in its absolute discretion, the quantities in which Game Items may be purchased and how much to charge for any Game Item.
5.2 You can manage your ability to complete these sorts of 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.
5.3 If you are younger than 18 years old, you must have your parents' or guardians' permission to purchase any Game Items. By purchasing a Game Item, you are confirming to 7PR that you have any permissions that may be necessary in order to allow you to purchase that Game Item.
5.4 If you are a parent or legal guardian of someone under the age of 18, we recommend 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.
5.5 If you purchase any Game Item, that purchase cannot be cancelled after you have initiated its download. Game Items cannot be redeemed for money or any other consideration or otherwise transferred.
5.6 If any Game Item 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 Game Item or issue you with a patch to repair the fault. In no event will 7PR charge you anything further to replace or repair the Game Item. In the unlikely event that 7PR is unable to replace or repair the relevant Game Item or is 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.
5.7 If any damage is caused to your device by any Game Item you have purchased, you are entitled
(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.
5.8 The purchase price of any Game Item you purchase via the Game will be charged to the debit or credit card registered to your account with the App Store Provider from whom you downloaded the Game. 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 Game Items, you should contact the App Store Provider directly.
6. IN-GAME CHAT
6.1 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
(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 1998, 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.
6.2 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.
6.3 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.
6.4 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.
6.5 Without prejudice to Clause 4.3, if you breach any provision of this Clause 6, 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.
7. NOTICE AND TAKEDOWN PROCEDURE
7.1 We do not actively monitor the content that players submit to the Game via the Chat Functionality. We do not therefore accept any responsibility or liability for any such content in the Game.
7.2 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. We will act expeditiously in dealing with the Disputed Content in question following our receipt of your notice.
7.3 We have the right to remove any content from the Chat Functionality at any time for any reason and without notice in our sole discretion.
7.4 For the avoidance of doubt, any decision we make in connection with the removal or disablement of any content from the Game is final and we accept no liability to you (or any other person) in respect of any such decision.
8. IN-GAME ADVERTISING
8.1 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.
8.3 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.
9. MAINTENANCE AND SUPPORT
9.1 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.
9.2 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.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Game (and all content included in the Game) 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 Game Items you purchase. The Game and any and all Game Items you purchase are licensed to you in accordance with these Terms.
10.2 Subject to your continued compliance with these Terms, 7PR hereby grants to you a nonexclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Game and any Game Items you purchase for your own personal, non-commercial entertainment.
11.1 7PR will endeavour to use reasonable care and skill in making the Game available to you.
11.2 Save for in respect of any Game Items you purchase via the Game, 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, reliability or non-infringement.
11.3 We do 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 we cannot guarantee that the Game will be free from bugs or viruses, we recommend that you use anti-virus software to protect your device when accessing the Game.
11.4 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 Game Items 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 Game Items.
11.5 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.
12.1 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.
12.2 You may uninstall the Game from your device at any time.
12.3 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.
12.4 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.
12.5 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.
12.6 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.
12.7 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.
Last Updated: May 2017
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