SFB GAMES TERMS OF SERVICE AND PRIVACY POLICY

Last updated: 13/06/2017

1.         ABOUT THIS TERMS OF SERVICE AND PRIVACY POLICY

1.1       This Terms of Service and Privacy Policy (the “Terms”) is a legally binding contract between you and SFB Games Limited, with its registered office at Unit 119 The Light Bulb, Filament Walk, London, England, SW18 4GQ (“SFB Games”) and applies to SFB Games’ games (including Snipperclips, Launchasaurus, Haunt the House: Terrortown, Rugby Golf, our website and other services (we'll just call all this "SFB Games Services" for short)). These Terms will be notified to you and will be binding on you and us once you download, install or use SFB Games Services. If you do not agree to it, please do not use the SFB Games Services.

1.2       Legally, you must be at least 13 years old to use the SFB Games Services. If you are between 13 and 18 (or whatever is the age of adulthood in your country), please ask your parent or guardian to review and approve this Agreement and to supervise your use of the SFB Games Services.

2.         USING SFB GAMES SERVICES

We give you a personal, limited, revocable, non-exclusive, non-transferable and non-assignable licence to display, view, download, install, play and use the SFB Games Services on authorised devices/platforms. This licence is for your personal use only (so you cannot give, ‘sell’, lend, gift, assign, sub-license or otherwise transfer it to someone else).

3.         SYSTEM REQUIREMENTS AND MONITORING

SFB Games Services will have minimum system requirements depending on your chosen device/system, which you will be notified of. You are responsible for making sure your system can run the SFB Games Services, so please check this carefully. You are also responsible for making sure you have sufficient Internet access to use the SFB Games Services.

4.         PATCHES, UPDATES AND CHANGES

We may patch, update or change SFB Games Services over time (for example to add or remove features, to resolve software bugs or to balance the game or adjust the game economy), which may result in mandatory and/or automatic updates (older, updated versions may become unusable over time as a result). As part of these patches, updates or changes, we may need to impose limits on, or remove/restrict access to, certain SFB Games Services features (without notice or liability). We need these rights in order to keep SFB Games Services running efficiently.

5.         INTELLECTUAL PROPERTY RIGHTS

SFB Games Services including (but not limited to) their graphics, computer code, user interface, look and feel, audio, video, text, layout, databases, data and all other content, and all legal and exploitation rights regarding them are either owned by us or we license them from third parties.  All rights are reserved except as we have explained in these Terms. You may not use or exploit any part of the SFB Games Services except as explained in these Terms. 

“Intellectual Property Rights" means any and all copyright, trademarks, service marks, trade dress, brand names, logos, goodwill, get up, trade, business or domain names, design rights, database rights, patents, rights in inventions, know-how, trade secrets and confidential information, rights in databases, rights in computer software, moral rights, publicity rights, performance rights, synchronisation rights, mechanical rights, publishing, rental, lending and transmission rights and other intellectual property and exploitation rights of a similar or corresponding character which may now or in the future subsist in any part of the world, in all cases whether or not registered or registrable including all granted applications and all applications for registration, division, continuation, reissuance, renewals, extensions, restorations and reversions regarding any of the same.

6.         WHAT YOU CAN'T DO WITH SFB GAMES SERVICES

In order to be able to use the SFB Games Services, we ask you to follow SFB Games’ rules regarding SFB Games Services and even then subject to our discretion. Please read these rules carefully.

(a)        Personal enjoyment. Only use SFB Games Services for your personal enjoyment only.

(b)        Restricted access. Do not attempt to copy, rent, sell, lend, lease, sublicense, distribute, publish, or create derivative works of SFB Games Services – unless permitted by the law in your country. 

(c)        Technical misuse. Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble SFB Games Services unless you are specifically allowed by applicable law.

(d)        Cheating. Do not cheat, hack, harm, grief, harass, threaten or misuse SFB Games Services.

(e)        Data mining. Do not intercept, mine or other collect data or information from SFB Games Services using unauthorized third-party software.

(f)         Name/trademarks. Do not use “SFB Games”, “Snipperclips” or other SFB Games names or logos or trademarks for any unauthorised purposes.

(g)        Conduct. Do not do or say anything in connection with SFB Games Services which is or may be considered racist, harassing, xenophobic, sexist, discriminatory, abusive, defamatory or otherwise offensive or illegal.

7.          REFUND RIGHTS

If you are resident in the European Union:

Subject to the terms of any applicable device/platform via which you access SFB Games Services: you have the right to withdraw from a purchase of SFB Games Services within 14 (fourteen) days of your purchase, without giving a reason. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our service has begun and your account is provided with access to the SFB Games Services. You agree that the supply of SFB Games Services begins immediately after you complete your purchase. Therefore, once access to the SFB Games Services has been enabled on your account, the contract has been fully performed by us.

If you are resident elsewhere in the world outside the European Union (including the USA):

Subject to the terms of any applicable device/platform via which you access SFB Games Services: all purchases are final and no refunds will be made or returns accepted.

8.          PRIVACY

8.1        Personal Data. SFB Games will not gather or store any personal information (or, in the USA, personally identifiable information), which means information, which on its own or in combination with other information, can be used to identify you. 

8.2        Metrics. When you use the SFB Games Services, we may collect from you technical details about any device which you use to access our services, metrics information about when and how you use the services, traffic data, and your geographical location data (this is technical data about our users and their actions and patterns which does not provide personal information).

8.3        Payment Details. A quick word about payment details (if/when you use them in the Services): this is a matter for the relevant platform and payment method/processor. SFB Games will not receive or store any of your payment details. If you make purchases within SFB Games Services, then we are notified by the payment processor once a transaction takes place and of course we make sure you receive your purchase, but we will not receive any of your actual payment details.

8.4        Cookies and Other Technologies. We may use technologies such as “cookies” in the SFB Games Services to collect information that helps us improve your experience and use of the SFB Games Services. The SFB Games Services may also contain third party tools from our service providers, examples of which include Google Analytics and Google AdMob. Such third parties may use cookies, APIs, SDKs and other technologies to enable them to collect and analyze user information on our behalf. The third parties may have access to information such as your device identifier, MAC address, IMEI, locale (specific location where a given language is spoken), geo-location information, IDFA and IP address for the purpose of providing their services under their respective privacy policies. These Terms do not cover the use of such technologies by third parties. You can choose to prevent your device's ad identifier being used for interest based advertising, or you can reset your device's ad identifier, by changing the settings of your device. Settings vary from device to device but you will usually find the ad identifier settings under "privacy" or "ads" in your device's settings. You can disable cookies through your web or phone browser settings and you can opt-out of Google Analytics here - https://tools.google.com/dlpage/gaoptout).

8.5        Push Notifications. We may, with your prior consent, send push or local notifications to your mobile device to provide game updates and other relevant messages regarding games which you have downloaded.  You can manage push and local notifications, normally from your device’s settings section.

8.6        Security. Any information we hold is stored on our secure servers (which we own or license from appropriate third parties). We use industry standard procedures and security standards to prevent unauthorised access to our servers, however no online service or website can be completely secure, so please protect the account information in your possession as well.

9.          FEEDBACK OR SUGGESTIONS

You are welcome to give us feedback and suggestions to improve the SFB Games Services. We appreciate your feedback and suggestions, but we may choose not to use or accept them at our discretion. In any event the feedback/suggestions will be received by us without any obligations or liability to you.

10.        THIRD PARTY CONTENT AND EXTERNAL SERVICES

You might get links to third party websites or content through SFB Games Services which aren’t connected to us. You may also access SFB Games Services through different platforms and devices. Using them is up to you – we’re not responsible for them, we can't promise they will work, what they'll be like or if they're free.  Our partner devices/platforms may be subject to their own legal terms, compliance with which is your sole responsibility. They may also offer complementary features to SFB Games Services (such as digital money wallets) - again, this is a matter solely for you and them.

11.        WARRANTIES AND LIABILITY STUFF

Warranties

This section DOES apply to you if you are a consumer resident in the European Union but it does NOT apply to you if you are a consumer resident anywhere else in the world (including the USA) OR if you are a business anywhere in the world.

11.1        Our warranties. We each warrant to each other that: (i) we have the right to enter these Terms; and (ii) we will take reasonable care with the SFB Games Services and your use of it; and (iii) we will use reasonable endeavours to comply with applicable laws in performing our obligations under these Terms.

11.2        Your representations and warranties. You represent and warrant that you have the full power and ability to enter into these Terms and will follow fully its terms.

Limitation of liability

This section does NOT apply to you if you are a consumer resident in the European Union but it DOES apply to you if you are a consumer resident anywhere else in the world (including the USA) OR if you are a business anywhere in the world.

11.3        Your indemnity to us. You agree on demand to indemnify and hold harmless SFB Games and its officers, directors, employees and agents (and keep them indemnified and held harmless) on demand from and against any and all liabilities, damages, claims, suits, actions, judgments and costs (including legal fees and costs) and expenses whatsoever arising out of your use of the SFB Games Services or your material breach of these Terms. If claims are brought against us, then you will cooperate fully with us and we reserve the right to take over their defense. You will not settle any such claims without our prior written consent.

11.4        Injunctive relief. You agree that any loss, damage or harm you suffer are not irreparable or sufficient, and other remedies will be adequate, such that you are not entitled to injunctive or other equitable relief against us.

11.5        Our disclaimers. You understand and agree that your use of the SFB Games Services is at your own risk and that they are provided “as is” and “as available” without warranty or representation of any kind.  We disclaim all warranties, representations and conditions of any kind relating to the SFB Games Services, including without limitation any implied warranties of satisfactory quality, merchantability, fitness for purpose or non-infringement of third party rights.  In addition, we do not warrant or represent that your use of the SFB Games Services will be uninterrupted or secure or free from bugs or errors. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to SFB Games Services, including without limitation: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within SFB Games Services. We do not warrant that SFB Games Services will be uninterrupted or error-free that defects will be corrected or that the game will be free of viruses or other harmful components.  Your use of the SFB Games Services is at your own discretion and risk and you are responsible for compliance with all applicable laws, regulations and other requirements regarding your use of the SFB Games Services. 

11.6        Our liability cap. To the maximum extent permitted by applicable law, in no event will our maximum and total aggregate liability of SFB Games, our group of companies, our employees, partners, licensors and our affiliates (“SFB Games Group”) to you in connection with these Terms shall be an amount equal to the revenue actually received by SFB Games from you (if any) during the preceding calendar year in which the relevant issues occurred.

11.7        Our liability limitation. In no event will SFB Games Group be liable to you for any loss, damage or harm of any kind arising from the use or inability to use or “loss” relating to SFB Games Services including any loss of profits, charges or expenses, loss of data or any corruption or loss of information, or any loss of business opportunity, or any special, indirect, punitive, exemplary or consequential loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise whether or not the relevant party has been advised of the possibility of such damage. None of the above will be affected in any way even if SFB Games or our SFB Games Group are at fault (whether through negligence, breach of contract, breach of warranty or strict liability) and even if you or we have been advised of the possibility of such damages. The foregoing limitations will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

11.8        Exclusions. Nothing in these Terms purports to limit or exclude either party’s liability: (i) for fraud, fraudulent misrepresentation or wilful misconduct; (ii) for death or personal injury caused by that party’s negligence; or (iii) to the extent otherwise not permitted by law.

12.        TERMINATION

12.1     Your termination rights. You can terminate these Terms by permanently stopping use of SFB Games Services at any time. Termination will not affect already existing rights of obligations to us or you.

12.2     Our termination rights. We may cancel or suspend your access to SFB Games Services if you materially breach these Terms, which includes but is not limited to a breach of these Terms which is serious and/or which could cause real harm to SFB Games Services, SFB Games users, SFB Games or other matters governed under these Terms. In particular, it applies to the SFB Games Services rules we specify in section 6 (What You Can’t Do With The SFB Games Services) above (for example, no cheating or account misuse). If we cancel or suspend your account in this way, we'll try reasonably to contact you to explain why we've done this and what (if anything) you can do as a result. If we have to stop providing access to SFB Games Services (not because of any breach by you), we will try to give you at least 60 (sixty) days advance notice by posting a note online.  If we cease providing SFB Games Services, or if your use of them is cancelled or suspended because of your breach, then we will not have any future obligations or liabilities to you, including to offer refunds or payments (this does not affect any pre-existing obligations or liabilities).

13.        FORCE MAJEURE

Neither you nor us will be liable for any failure to perform any obligation under these Terms or to provide access to SFB Games Services if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, hacking or other IT attack, natural events, war or act of God.

14.        GOVERNING LAW

You and we agree that your use of SFB Games Services and SFB Games content and these Terms will be governed by and interpreted according to the laws of England and that any dispute regarding these Terms will be heard exclusively by the courts of England. In any legal claim under these Terms, the side which wins will be entitled to its legal fees and expenses. This is subject to any mandatorily applicable provisions of your domestic law which may apply.

15.        DISPUTE RESOLUTION

15.1        If you have concerns or issues with us, we hope we can resolve them quickly and amicably – you can contact us at contact@sfbgames.com. However, we recognise that occasionally there might be legal disputes which are not so easily resolved.  In this section we explain what happens if there is a legal dispute.

15.2        Informal dispute resolution:

We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally.  Normally we would suggest that this dispute resolution period lasts 30 (thirty) days unless exceptional circumstances exist. If you are resident in the European Union, you may be entitled to submit a complaint through the Online Dispute Resolution Platform operated by the European Commission, details of which can be found at http://ec.europa.eu/consumers/odr/.

15.3        Dispute resolution next steps:

You and we have the legal right to commence legal claims against each other if we consider it necessary.  If you bring a claim against SFB Games, you should address it to contact@sfbgames.com.

16.        OTHER LEGAL STUFF

(i) If any part of these Terms is found not to be legally enforceable, this will not affect any other part of it. (ii) These Terms constitutes the entire agreement between you and us and supersede any earlier oral or written Terms. If you disagree with this, please contact us as soon as possible after you start using SFB Games Services at contact@sfbgames.com since otherwise this will be binding on you after a reasonable time period (usually 30 days). (iii) These Terms governs our relationship with you (and vice versa).  It does not create any rights for anyone else. (iv) Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements, including import/export controls. (v) You and we agree that the UN Convention on Contracts for the International Sale of Goods does not apply to SFB Games Services or these Terms (vi) If there is a reorganisation, sale or merger or other business reasons of SFB Games then we may need to work with relevant third parties or another member of our group if necessary to assign, transfer or merge your SFB Games account for the support of SFB Games Services. We will notify you if this happens. (vii) These Terms does not create any exclusive relationship between us nor any partnership, joint venture, employment or agency.

17.        CHANGES TO THESE TERMS

17.1     We may change these Terms if we think it's necessary, e.g. for legal reasons or to reflect changes in SFB Games Services or SFB Games content.  If so, we will make the changed Terms available online.

17.2     Once we change these Terms, it will become legally binding on you a reasonable time period after we post it online (we believe 30 days will normally be reasonable).  During that period, you're welcome to contact us at contact@sfbgames.com if you have specific questions about the changes.

17.3     If we don't hear from you before the end of that time period, the changes will automatically become binding on you.