FALLEN TREE GAMES LIMITED: TERMS OF USE

This licence agreement (“Licence”) is a legal agreement between you (Licensee or you) and Fallen Tree Games Limited, 278 – 290 Huntingdon Street, Nottingham, Nottinghamshire, NG3 1LY (Licensor, us or we) for:

  • Quell, Quell Reflect, Quell Memento, or .Noon. (“Application”); and
  • any associated electronic documentation (“Documentation”).

We licence use of the Application and Documentation to you on the basis of this Licence. We do not sell the Application or Documentation to you. We remain the owners of the Application and Documentation at all times.


IMPORTANT NOTICE TO ALL USERS:

  • YOUR USE OF THE APPLICATION IS ALSO GOVERNED BY OUR PRIVACY POLICY AND, TO THE EXTENT APPLICABLE (i) OUR PUBLISHER’S APPLICABLE TERMS, (ii) THE TERMS AND CONDITIONS OF THE APPLICABLE PLATFORM, AND (iii) THE TERMS AND CONDITIONS OF THE APPLICABLE CARRIER.
  • BY PROCEEDING TO DOWNLOAD OR USE THIS APPLICATION YOU AGREE TO THE TERMS OF THIS LICENCE AND OUR PRIVACY POLICY WHICH WILL BIND YOU.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE APPLICATION TO YOU AND YOU MUST DISCONTINUE USE OF THE APPLICATION NOW AND UNINSTALL THE APPLICATION FROM YOUR MOBILE DEVICE.

1 Grant and scope of licence

1.1 Subject to you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to use the Application on the terms of this Licence.

1.2 You may:

1.2.1 download, install and use the Application for your private non-commercial use; and

1.2.2 receive and use any free supplementary software code or update of the Application incorporating “patches” and corrections of errors as may be provided by us from time to time.


2 Restrictions

2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:

2.1.1 not to copy the Application or Documentation except where such copying is incidental to normal use of the Application;

2.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application or Documentation;

2.1.3 not to make alterations to, or modifications of, the whole or any part of the Application, nor permit the Application or any part of it to be combined with, or become incorporated in, any other programs;

2.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Application nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Application with another software program, and provided that the information obtained by you during such activities:

2.1.4.1 is used only for the purpose of achieving inter-operability of the Application with another software program;

2.1.4.2 is not unnecessarily disclosed or communicated without the Licensor’s prior written consent to any third party; and

2.1.4.3 is not used to create any software which is substantially similar to the Application; and

2.1.5 not to provide or otherwise make available the Application in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from the Licensor.

2.2 You may not use the Application:

2.2.1 in any way that breaches any applicable local, national or international law or regulation;

2.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

2.2.3 for the purpose of harming or attempting to harm minors in any way;

2.2.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 4 below;

2.2.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

2.2.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or

2.2.7 to attempt to gain unauthorised access to the Application, the server on which the Application is stored or any server, computer or database connected to the Application.


3 Interactive services

3.1 We may from time to time provide interactive services as part of the Application, including, without limitation, chat rooms and bulletin boards (“interactive services”).

3.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

3.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

3.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

3.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.


4 Content standards

4.1 These content standards apply to any and all material which you contribute or submit to or through the Application (contributions), and to any interactive services associated with it.

4.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

4.3 Contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.

4.4 Contributions must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5 Links from the Application and our site

5.1 Where the Application contains links to other sites and/or resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.


6 Our Application changes regularly

6.1 We aim to update the Application regularly, and may change the content at any time. If the need arises, we may suspend access to the Application or services associated with the Application, or close it indefinitely. Any of the material in the Application or on our site may be out of date at any given time, and we are under no obligation to update such material.

6.2 You may be required to update the Application on your mobile device from time to time in order to access the Application or services associated with the Application


7 Intellectual property rights

7.1 You acknowledge that all intellectual property rights in the Application and the Documentation anywhere in the world belong to us, that rights in the Application are licensed (not sold) to you, and that you have no rights in, or to, the Application or the Documentation other than the right to use them in accordance with the terms of this Licence.

7.2 You acknowledge that you have no right to have access to the Application in source code form or in unlocked coding or with comments.

7.3 The integrity of this Application is protected by technical protection measures (“TPM”) so that the intellectual property rights, including copyright, in the Application are not misappropriated. You must not attempt in any way to remove or circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, offer or expose for sale or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate the unauthorised removal or circumvention of such TPM.


8 Warranty

8.1 Notwithstanding anything to the contrary herein, you expressly acknowledge and agree that:

8.1.1 your use of the Application is at your sole risk. The Application is provided on an “as is” and “as available” basis. We and our licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

8.1.2 the Application may not be free of bugs or errors, and agree that the existence of errors shall not constitute a breach of this Licence;

8.1.3 we and our licensors make no warranty that (i) the Application will meet your requirements, (ii) the Application will be uninterrupted, timely, secure, or error-free, or (iii) that any errors in the software associated with the Application will be corrected;

8.1.4 any material downloaded or otherwise obtained through the Application is done at your own discretion and risk, and you will be solely responsible for any damage to your mobile device or loss of data that results from the download of any such material; and

8.1.5 no advice or information, whether oral or written, obtained by you from us or through or from the Application shall create any warranty not expressly stated in this agreement.

8.2 You may notify the Licensor of any defect or fault in the Application, or suggest improvements to the Application by emailing us at support[at]fallentreegames[dot]com.


9 Limitation of liability

9.1 You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Application as described in the Documentation meet your requirements.

9.2 We only supply the Application and Documentation for domestic and private use. You agree not to use the Application and Documentation for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.3 Our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the amount you have paid to us for the Application or any associated services in the 6 months preceding the event giving rise to a claim. This does not apply to the types of loss set out in condition 9.4.

9.4 Nothing in this Licence shall limit or exclude our liability for:

9.4.1 death or personal injury resulting from our negligence;

9.4.2 fraud or fraudulent misrepresentation; or

9.4.3 any other liability that cannot be excluded or limited by English law.


10 Termination

10.1 We may terminate this Licence immediately by written notice to you if:

10.1.1 you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or

10.1.2 you, in our sole opinion, repeatedly breach the terms of this Licence in a manner that reasonably justifies the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Licence.

10.2 Upon termination for any reason:

10.2.1 all rights granted to you under this Licence shall cease;

10.2.2 you must immediately cease all activities authorised by this Licence; and

10.2.3 you must immediately delete or remove the Application from all computer equipment in your possession, and immediately destroy or return to us (at the our option) all copies of the Application and Documentation then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.


11 Suspension of service

11.1 We may terminate or temporarily suspend the Application, without any liability to you, if:

11.1.1 we are entitled to terminate this Licence under any of the provisions of this Licence; and/or

11.1.2 we reasonably suspect that you are using the Application:

11.1.2.1 in a way that is likely to adversely interfere with our ability to provide the Application or services associated with the Application to any other customer; or

11.1.2.2 in violation of this Licence.


12 Communications between us

12.1 If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can send this to us by e-mail to Fallen Tree Games Limited at support[at]fallentreegames[dot]com . We will confirm receipt of this by contacting you in writing, normally by e-mail.

12.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order for the Application.


13 Events outside our control

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Licence that is caused by an event outside Our Control. An event outside our control is defined below in condition 9.2.

13.2 An “event outside our control” means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.

13.3 If an event outside our control takes place that affects the performance of our obligations under this Licence:

13.3.1 our obligations under this Licence will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control; and

13.3.2 we will use our reasonable endeavours to find a solution by which our obligations under this Licence may be performed despite the event outside our control.


14 Variations

14.1 We may revise the terms of this Licence at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Application.

14.2 If we, at our sole discretion, consider that any variation to this Licence is material we will notify you via the Application or an email to the email provided by you when downloading and/or registering to use the Application.


15 Third party rights

15.1 You acknowledge that our Publisher, any applicable platform, and any applicable carrier may enforce the terms of this Licence.

15.2 Except as provided in clause 15.1, no term of this agreement is intended to confer a benefit on, or to be enforceable by, any person who is not a party to this agreement.

15.3 Notwithstanding clause 15.1, it is expressly agreed that we may rescind or vary this Licence or any term of this Licence (without the consent of any person who has a right to enforce this agreement or the term in question, notwithstanding that such rescission or variation may extinguish or alter that person’s entitlement under that right.


16 Other important terms

16.1 We may transfer our rights and obligations under this Licence to another organisation, but this will not affect your rights or our obligations under this Licence.

16.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.

16.3 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.4 Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

16.5 Please note that this Licence, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.