Game Terms of Use

Game Terms of Use

1. INTRODUCTION

1.1. The game On The Edge (Game) is owned by On The Edge Productions Limited (a subsidiary of On The Edge Conservation), a company incorporated under the laws of England and Wales under company number 09660075 with its registered office at 152a Walton Street, London, United Kingdom, SW3 2JJ (we, us, our). Our VAT number is 279 2442 75.

1.2. Please read these Terms of Use (Terms) carefully along with the Game’s Privacy Policy as, together, they set out the basis on which you may download, access, and/or play the Game. These Terms and the Game’s Privacy Policy apply in addition to the terms of service and privacy policy of the relevant app store provider from whom you downloaded the Game (App Store Provider).

1.3. By downloading the Game you are confirming to us 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 us only.

1.4. We may revise these Terms at any time. Any changes made to these Terms will be applicable from the date they are published. We 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 we publish then you may no longer be able to access the Game.

2. CONTACT INFORMATION

2.1. If you would like to contact us 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 by sending an email to the following address:

  • Email:  office@ontheedge.org

  • Telephone: 02070431673

  • Post: 152A Walton Street, London, United Kingdom, SW3 2JJ

3. AGE LIMITS

3.1. If you are younger than 18 years old, you should read these Terms and our Privacy Policy with your parents or guardians to make sure that you understand them and that you are happy to be bound by these Terms.

4. ACCESS TO AND USE OF THE GAME

4.1. There is currently no charge to download the Game. We may stop offering the Game free of charge at any time.

4.2. If you breach any provision of these Terms, your right to access and play the Game may be terminated and you will not be entitled to a refund.

4.3. You agree that you will not:

(a) reverse engineer, decompile, disassemble or otherwise attempt to obtain the Game’s source code, other than as permitted by applicable law; or

(b) use software (including any spider, scraper or bot) to monitor, harvest or copy any information from the Game

4.3. The specific rules, controls and guidelines for the Game can be found within the Game itself. Such rules, controls and guidelines form part of these Terms and you agree that you shall comply with them when you play the Game.

4.4. You agree to comply with all reasonable instructions that we may give you regarding your use of the Game.

4.5. 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.

4.6. 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. SOCIAL MEDIA FUNCTIONALITY

5.1. The Game contains social media “share” functionality that allows you to post to your social media channels such as your Facebook wall and/or your Twitter feed. This “share” functionality will contain pre-populated text that can be posted on your social media account if you wish to pledge your support to our cause. You acknowledge and agree that you are fully responsible for the text that is included in any “shares” that you choose to make to your social media channels.

6. MAINTENANCE AND SUPPORT

6.1. Save as expressly set out in these Terms, we are 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. Please report any problems you encounter with the Game to us via office@ontheedge.info.

6.2. We do not guarantee that the Game will always be available or that it will be updated. You understand that we 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 we plan 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.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The Game and any and all features, content, materials and information made available via the Game belong to us and/or our licensors and are protected by intellectual property laws around the world. You do not own the Game. The Game is licensed to you in accordance with these Terms.

7.2. Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the Game for your own personal, non-commercial entertainment.

7.3. You are only allowed to use and play the Game for your own personal non-commercial purposes in accordance with these Terms and the App Store Provider’s terms and conditions/end user licence agreement. You are not allowed to copy or distribute or transfer or (except as expressly set out in these Terms or as permitted by the Game’s functionality) communicate to the public the Game or any content within the Game or interfere with the normal operation of the Game (e.g. you are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from the Game or any updates or any part thereof, other than as permitted by applicable law). Notwithstanding these restrictions, any open source software components included in the Game will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.

8. LIABILITY

8.1. We will endeavour to use reasonable care and skill in making the Game available to you.

8.2. The Game and any services, content and materials made available through it are provided on an "as is" basis and we 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 or reliability.

8.3. Whilst we will exercise reasonable care and skill to ensure that the Game is virus free, we cannot guarantee this. Accordingly, we urge you to take your own precautions in this regard (such as using anti-virus software). If any damage is caused to your device by the Game you are entitled to:

(a) request that we repair the damage within a reasonable period of time; or

(b) receive compensation from us for the damage caused to your device.

8.4. 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.

8.5. Other than as expressly set out in these Terms, neither we nor any of our 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 that does not arise as a result of a breach by us of these Terms and is not reasonably foreseeable at the time you entered into these Terms. In no event will we or any of our 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.

8.6. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.

9. GENERAL

9.1. 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.

9.2. 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.

9.3. 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.

9.4. 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.

9.5. 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.

9.6. These Terms and any dispute arising out of or in connection with them (including any non-contractual 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 unless the law in your country of residence allows you to choose the courts of that country for the dispute in question. Any matters arising between you and the App Store Provider shall be as set out in the App Store Provider’s terms and conditions.