TERMS AND CONDITIONS (“TERMS”)
ISSUED BY TEAM17 DIGITAL LIMITED (“TEAM17”).
Date of last update: 5 December 2012
These Terms govern the use of Team17 Digital Ltd’s online games and other products to which you have access (the “Service”). In these Terms Team17 means Team17 Digital Ltd who are a registered company in England and Wales located at 3 Red Hall Avenue, Paragon Business Park, Wakefield, West Yorkshire, WF1 2UL, United Kingdom.
You should carefully read the following terms before using, purchasing, downloading or installing the service as they contain the terms which govern your use of the service. If you do not agree with these terms you may not use, purchase, download or install the service.
Team17 develops, provides and maintains games and related services (the “Service”). The Service is a copyright work of Team17 or its licensors. All use of the Service is governed by these Terms. The Service is solely for use by end users according to these Terms. Any use, reproduction or redistribution of the Service not in accordance with these Terms is expressly prohibited.
1. Service and Communications
Please note that if you access the Service through a TPSP you are required to comply with these Terms and those of the TPSP.
The Service includes, without limitation, certain online functionality, online network play connectivity and interactivity and other online features and are subject to the following Terms which apply to your use of the Service:
- The Service and Communications are for personal entertainment only, on an “as is” basis and all use must be in accordance with these Terms.
- Team17 is engaged in the business of publishing the Service and ancillary to this is engaged in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication for which it is a mere conduit.
- In connection with the use of the Service ONLY and subject to these Terms, you may and are granted a limited, reasonable, non-exclusive licence and right to use the software that forms part of the Service and to communicate with other users of the Service in forums, fan pages and other sections of the Service. The applicable parts of the Service may only be used for such communications (“Communications”).
- To use the Service you must be over the age of 13 years or else have your parent’s or guardian’s consent to do so on these terms. By using the Service you therefore confirm that you are over 13 years of age or else have your parent’s or guardian’s consent (in which case your parent or guardian has read and agreed to these terms).
- You agree and accept that Team17 has no responsibility to review the content of any Communications all of which are made available on the basis that Team17 shall not be required to exercise any control or judgment of the content or the material posted or contained therein.
- The views expressed in any Communications are the views of the individual authors and not those of Team17 unless specified otherwise by Team17. In particular but without limitation to the above Team17 is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
- Team17 gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the Communications or the Service and shall not be responsible for any loss or damage caused as a result of any use of such material.
- You agree and undertake that you will not post to or transmit to the Service any statement, material or Communication that:
- is unlawful or which gives rise to civil or criminal liability;
- infringes upon the intellectual property rights of any third party;
- assists piracy including any requests for CD keys or pirated software;
- is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
- is abusive, seditious, pornographic, aggressive, homophobic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist;
- harasses any person;
- may be deemed a marketing or commercial communication or promotes the products or services of any person other than Team17 or the Service;
- promotes any illegal or unlawful activity including but not limited to solicitation, gambling or the sale of prescription medicines;
- is aimed at persons under the age of 18 or which seeks or attempts to make any arrangement to meet a person under the age of 18;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
- You further agree that in any activity undertaken following use of and related to your use of the Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Service:
- attempts to, whether successfully or otherwise, modify or interfere with the Service;
- attempts to, whether successfully or otherwise, overburden or disrupt any computer or server used by or supporting the Service;
- constitutes, in Team17’s absolute opinion, cheating or otherwise misuse of the Service;
- attempts, whether successfully or otherwise, to gain unauthorised access to the Service, accounts of users, or networks connected to the Service.
- You hereby indemnify, defend and hold Team17 and Team17’s affiliates and Team17’s officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Service any Communications and any use of your password and username. You shall use your best efforts to cooperate with Team17 in the defence of any claim. Team17 reserves the right, at Team17’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
- Team17 shall be entitled to remove, restrict, suspend or alter any user account and any Communications (and the ability to share or create Communications) for any reason in its sole and absolute discretion including because the use or Communications might be unacceptable as described in these Terms.
- If you discover Communications which you believe contravene these Terms please notify Team17 via the following e-mail address: email@example.com
- In the event that you breach any provision contained in this section Team17 may in its absolute discretion prevent you from accessing the Service.
The Service is licensed, not sold. Your licence confers no title or ownership in the Service. All right, title, interest and ownership rights in the Service and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Service and each part thereof (including, by way of example only, any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in Team17 or its licensors. The Service is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Service may contain certain licensed materials and Team17 licensors may act to protect their rights in the event of any breach of these Terms. All trademarks are the property of their respective owners.
You may access the Service through a TPSP or directly from us. If you access the Service through a TPSP certain information will be shared with Team17 by the TPSP and you are referred to the section concerning this below.
Team17 may offer the opportunity to access the Service directly. In such instances the following terms will apply:
- In order to use the Service you will need to register for which you will need to submit various information and choose a username and a password.
- You warrant and undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you have supplied is incomplete or incorrect you agree to indemnify Team17 against any loss or damage incurred by Team17 and any third parties who may suffer damage as a result of the information that you have supplied.
- You accept and understand that you are obliged to ensure that all information held about you by Team17 is up to date and that you can amend your registration details at any time through the Service.
- The username and password chosen by and issued to you upon registration with Team17 is personal to you in order to facilitate your use of and access to the Service and shall not be disclosed to any third party without Team17’s prior written consent.
- In the event that you believe your username, password or account to have been compromised you undertake to inform Team17 immediately.
- You agree that you are and shall remain responsible for maintaining the confidentiality of your password and username. You accept and understand that you are solely liable for any use of the Service undertaken by use of your username and password whatsoever. DO NOT SHARE YOUR USERNAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. TEAM17 IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR USERNAME, PASSWORD OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
- By using the Service you confirm that you have the necessary hardware, software and capability required and that Team17 and its licensors shall have no liability in relation to hardware, software or other services required to make use of the Service.
Team17 will not be liable in any amount or way for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.
To the maximum extent permitted by law, Team17 gives no warranty in connection with the Service and excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Team17 and Team17 shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- the availability of the Service;
- any incorrect or inaccurate information on Service and all errors, interruptions to or delays in updating the Service;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of Service;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s
- computer equipment, software, data or other property caused by persons accessing, using or downloading Service, or from transmissions via emails or attachments received from Team17 or its licensees
- the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties (“External Sites”) to which Service link and web site located on or through any External Site nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
- all representations, warranties, conditions and other terms which but for this notice would have effect.
- Team17 does not warrant that the operation of the Service will be uninterrupted or error free or that any error or interruption will be corrected.
- In the event Team17 is liable to you for any claim the liability of Team17 and its licensors shall not exceed the actual amount paid by you to Team17 in the 180 days immediately prior to your assertion of such claim. If you have not paid any amounts to Team17 in the 180 days prior to your assertion of such claim your sole and exclusive remedy is to stop using the Service.
- These Terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Team17’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
- Team17 cannot and does not guarantee that a particular part of the Service or Communications will always be available.
- The rights granted by these Terms in relation to the Service and Communications shall continue for an unlimited time unless the Service ceases to be available or these Terms or your right to use the Service is terminated.
5. Indemnity and Remedies
You agree to indemnify, defend and hold Team17 and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your misuse of the Service or use otherwise than in accordance with these Terms.
You further agree that Team17 would be irreparably damaged if these Terms were not specifically enforced, and therefore you agree that Team17 shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as Team17 may otherwise have available to it under applicable laws.
Team17’s licensors shall be third-party beneficiaries under these Terms and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
Team17 may also remove or suspend access to the Service at any time for any reason.
6. Purchasing Virtual Goods
In the Service you may use a third party virtual currency such as Facebook Credits. You can use Facebook Credits and such other virtual currency, coins, cash or tokens as Team17 may from time to time introduce to obtain “virtual in-game items” (“Virtual Items”) and other goods or services, if available.
You are not permitted to trade, exchange, sell, rent or otherwise transfer or deal in the Virtual Items on your Account without the written permission of Team17. You shall not access or use any Account or Virtual Items which have been traded, exchanged, sold, rented or otherwise transferred or dealt with.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.
You can order Virtual Items through the Service, by providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Items from the Service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for you records. Team17 keeps records of transactions in order to deal with any subsequent queries. When you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms. Team17 is not a party to this transaction. When you purchase virtual items or currency from the service you are directed to Facebook to acquire Facebook credits. The purchase of virtual items or currency is therefore from Facebook, who in turn will source the item immediately from us for your use.
For Virtual Items, your order via Facebook will be accepted by us when we make the Virtual Items available in your account for you to use on the Service or take payment for the Virtual Item, whichever comes first.
The provision of Virtual Items for use in Team17’s games is a service provided by Team17 that commences immediately upon acceptance by Team17 of your purchase as described above. By ordering Virtual Items you agree and accept that Team17 will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase a product or service from Team17, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed
We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service.
In the event your account or access to the Services is terminated, suspended or cancelled, whether by you or by Team17, you will not be entitled to any refund nor will any credits or in-game items (e.g. points in an online game) be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend and of your other accounts.
8. Acceptance and Amendments
You hereby acknowledge that you have read and understand the foregoing Terms and agree that the action of using the Service is an acknowledgement of your agreement to be bound by these Terms. You also acknowledge and agree that these Terms are the complete and exclusive statement of the agreement between Team17 and you and that these Terms supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Team17 and you, including any inconsistent written license agreement accompanying the Service.
Team17 may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from our software and website.
In the event that any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms shall remain in full force and effect.
10. Applicable Law
To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Service, and these Terms are subject to English Law. In the event that English Law cannot apply in the country you obtained or use the Service local law will apply. The Service is intended for use and may only be used in countries where all such use is lawful.
© 2012 Team17 Digital Limited. All rights reserved.
Worms™ and all other trademarks and registered trademarks are the properties of their respective owners.
Team17 Digital Limited
3 Red Hall Avenue
Paragon Business Park