END USER LICENSE AGREEMENT
ISSUED BY WELL PLAYED GAMES LIMITED (“WPG”, or “we” or “us”).
Last updated May 2018
THIS END USER LICENSE AGREEMENT (“EULA”) APPLIES TO AND GOVERNS ALL USE OF COMBAT CARDS (THE “GAME”).
This EULA constitutes the entire agreement between WPG and you in respect of the Game.
The Game is owned by WPG and the Term “Game” includes all the software and materials that are made available by WPG in order for you to download, install or use the Game; any Online Service (defined below); and any Virtual Items (defined below).
Please note that the Game relies on internet connectivity and the availability of our Online Service (as explained further below) for much of its functionality. We will use our reasonable efforts to ensure that the Game and any Online Service will be available for at least 3 months from the date upon which you last make a purchase in connection with the Game.
You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system requirements and memory in order to play and store the Game.
The Game comprises copyright works of WPG and/or its licensors. The Game is licensed, not sold. Your license confers no title or ownership in the Game. The Game is solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited.
1. LIMITED USE LICENSE.
WPG hereby grants a limited, non-exclusive right and license to download, install and use the Game for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. This EULA and your use of the Game do not give you any rights of ownership in any property whether tangible or intangible (including in any Virtual Item). Where the Game allows you to, this licence includes the right to use the Game to communicate with other users of that Game using the Online Service via pre-determined messages only.
2. END USER OBLIGATIONS.
2.1 You may use the Game for your own personal, non-commercial use as described in this EULA but you are not entitled to and must not do any of the following except to the extent expressly permitted by this EULA:
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way except where the Game expressly permits you to do so through sharing content in that Game on social media;
2.1.2 engage in any act that WPG deems to be in conflict with the spirit or intent of the Game and/or the Online Service including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
2.1.3 attempt to gain unauthorised access to the Online Service or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by WPG; or
2.1.4 use the Game for any illegal or immoral purposes.
3.1 All right, title, interest and ownership rights in the Game 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 therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Game is owned by, belong to and vest in WPG or its licensors.
3.2 The Game may contain certain licensed materials. All trade marks are the property of their respective owners.
4.1 This EULA and the licence granted by it are effective until terminated.
4.2 You may terminate this EULA at any time and for any reason by deleting and removing the Game from your device.
4.3 WPG may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. WPG may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from the Game. WPG reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULA and/or the Game and/or Online Service. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
4.4 Following termination, you will no longer be permitted to use the Game and you will be required to delete the Game from your device.
5. WARRANTY AND LIMITATION OF LIABILITY.
5.1 WPG WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
5.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
5.1.2 THE GAME (INCLUDING ANY VIRTUAL ITEMS) WILL BE OF SATISFACTORY QUALITY.
5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.2.1 THE GAME IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
5.2.2 WPG ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
5.2.3 WPG AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO £100;
5.2.4 WPG AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE GAME AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE);
5.2.5 WPG DOES NOT GUARANTEE THAT THE OPERATION OF THE GAME WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, OR THAT THE GAME OR THE ONLINE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
5.2.6 YOU INSTALL AND USE THE GAME AT YOUR OWN RISK.
5.3 THIS EULA 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 ANY LIABILITY FOR FRAUD, FRUADULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY WPG’S NEGLIGENCE.
In the event that any provision of this EULA (including, without limitation, any restriction) 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 this EULA shall remain in full force and effect.
7. APPLICABLE LAW AND JURISDICTION.
7.1 This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
- ONLINE SERVICE.
8.1 WPG provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to the Game (“Online Service“) subject to the terms and conditions of this EULA.
8.2 WPG does not target the Game to users under 13 years of age. To use the Online Service you must be over the age of 13 years or have your parent’s or guardian’s explicit consent to do so on these terms. By using the Online Service you therefore confirm that you are over 13 years of age and, where you are between the ages of 13 and 17, you confirm that you have your parent’s or guardian’s consent (and that your parent or guardian has read and agreed to these terms).
8.3 You further agree that 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 WPG or the Game.
8.4 Where the Game allows you to share pre-determined messages with other users, WPG shall be entitled to remove, restrict, suspend or alter that ability for any reason in its sole and absolute discretion.
8.5 You will cooperate fully with WPG to investigate any suspected unlawful, fraudulent or improper activity.
8.6 If you feel that the behaviour of another user breaches this EULA then please let WPG know by sending an email to [email protected] details of the potential breach and/or the user responsible. WPG will take reasonable steps to deal with any breach.
9. VIRTUAL ITEMS.
9.1 As part of and to enhance your use and enjoyment of the Game you may be able to obtain additional features that form part of the experience of the Game (“Virtual Items”).
9.2 Virtual Items include (without limitation) the cards and skull packs you earn as part of playing the Game.
9.3 Virtual Items are gameplay features of the Game issued to you for use in connection only with your use of the Game under this EULA, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Game only, in accordance with this EULA.
9.4 Purchases of Virtual Items are subject to this EULA and the terms of any third party app distribution platform through which your purchase is made. Purchases are made via Apple or Google and not via WPG. To the extent that this EULA conflicts with such agreement between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the third party app distribution platform shall prevail.
9.5 To cancel a purchase of any Virtual Items you should contact the platform through which you made that purchase. If you cannot use Virtual Items due to an error or fault, you may still be charged. If this happens, please contact WPG as set out below and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the platform through which you made that purchase (i.e. Google or Apple).
9.6 Virtual Items that may be purchased (either through Google or Apple) are advertised for sale in the Game so that you may offer to purchase them for the price stated in the manner described below.
9.7 It is a condition and fundamental term of this EULA and your use of the Game that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any aspect of the Game (including any third party account you use in relation to the Game) or any Virtual Item outside of the Game or in any way other than as expressly provided above, namely that certain Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of the Game only.
9.8 WPG may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). WPG shall have no liability to you or any third party in the event that WPG exercises such rights.
9.9 When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
9.10 Please notify WPG immediately if you dispute a transaction involving Virtual Items or believe that any transaction is unauthorised.
9.11 Your statutory rights are unaffected by this EULA.
10. CONSUMER RIGHTS.
10.1 These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law.
10.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
11. APPLE DEVELOPER TERMS
11.1 The following terms of this clause are the terms which WPG is required by Apple to notify you of and obtain your consent in respect of using the iOS version of the Game (Apple iPad, iPhone and iPod etc.):
11.2 You and WPG acknowledge that this EULA is concluded between you and WPG only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that WPG is solely responsible for the Game and the content thereof.
11.3 Subject to your compliance with all conditions of this EULA WPG grants you a non-exclusive, personal, revocable, non-transferable license to use the Game on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support).
11.4 WPG is solely responsible for providing support and maintenance for the Game. You and WPG acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game.
11.5 You acknowledge that WPG, and not Apple, is responsible for addressing any claims you may have relating to the Game or your possession and/or use of the Game, including but not limited to:
11.5.1 product liability claims;
11.5.2 any claim that the Game fail to confirm to any applicable legal or regulatory requirement; and
11.5.3 claims arising under consumer protection or similar legislation.
11.6 You acknowledge that in the event of a third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, then WPG shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
11.7 You confirm that:
11.7.1 you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
11.7.2 you are not listed on any US Government list of prohibited or restricted parties.
11.8 You acknowledge and agree that Apple are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
11.9 WPG uses third party software and services provided in the Game (explained above). Use of the Game is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the Game. More information about this can be found in our Privacy and Data Policy.
12.1 Although WPG is responsible for the advertisements that are placed in the Games or on the Online Service, we do not control the specific content of those adverts.
12.2 Please report any advert that you find offensive or inappropriate to [email protected] If you click on any advert you will be dealing with external companies responsible for that advert. WPG does not control the actions of these companies or the content of their websites.
13. INDEMNITY AND REMEDIES.
13.1 You hereby indemnify (agree to compensate), defend and hold harmless WPG and WPG’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Game (which includes Virtual Items and the Online Service), and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with WPG in the defence of any such claim and WPG reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
13.2 You further agree that the subject matter of this EULA is of a unique character with special value and that WPG would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that WPG shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as WPG may otherwise have available to it under applicable laws.
13.3 WPG’s licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
14. THIRD PARTY NOTICES
14.1 The Game uses the Unreal® Engine. Unreal® is a trademark or registered trademark of Epic Games, Inc. in the United States of America and elsewhere. Unreal® Engine, Copyright 1998 – 2018, Epic Games, Inc. All rights reserved. We explicitly disclaim any representation, warranty, condition or liability related to the Unreal® Engine.
14.2 The Game uses music licenced from Audio Network.