Terms of use

1. Introduction

1.1          These Terms of Use (or “Terms“) are a contract between you and N3Infinity (hereinafter “N3Infinity” or “Us” or “We”).  The Terms apply to:

(a)           any of our online or mobile services, products or services, including mobile applications on iOS, Android and any other applicable mobile platform; and

(b)           any of our services, products or services (including support services) which may be accessible via a web application, third party platform or social networking service (including Facebook),

We’ll call them together our “Services“.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

2 Our Games

2.1 Providing you agree to these terms, we grant you a non-exclusive, non-transferable, revocable limited licence to use and display our Games (but not the related object and source code) for your own personal private use. You agree not to use our Games for anything else.

2.2 You will not allow anyone else to use your login details or give them to anyone else. If you do, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result.

2.3 Game rules, scoring, controls and guidelines for all Games can be found within each Game.

2.4 We reserve the right to change all or part of our Games and to remove Games from time to time without liability to you.

2.5 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to play our Games.

2.5 Our Games may include virtual currencies such as coins, gold coins and points (Virtual Money) that you can buy from us for real money if you are at least 18 years old. You may also be able to buy items or services within our Games (Virtual Goods) for real money and/or social network credits. Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else.

2.7 We reserve the right to control, regulate, change or remove any Virtual Currency or Virtual Goods without any liability to you.

2.8 You agree that all sales of Virtual Currencies and Virtual Goods are final and that we will not refund any transaction once it has been made.

2.9 If we suspend or terminate your account because we reasonably believe that you have not complied with these terms you will lose any Virtual Currencies and Virtual Goods that you may have.

3. User Generated Content

3.1          If you create any content for use with the Services (which we refer to in the Terms as “User Generated Content“), you are solely responsible and liable for that User Generated Content.  We do not accept any liability or responsibly for User Generated Content, nor do we provide any support for it.  Users of the Services create, download and use User Generated Content at their own risk.

6.2          In relation to any User Generated Content which you create or wish to make available to other users, you agree to and comply with the following terms and conditions:

(a)           Any part of the User Generated Content which comprises or incorporates any of our intellectual property rights remains our property.

(b)           You must not in any way claim or suggest that any User Generated Content is endorsed, supported by, or affiliated with us.

(c)           The User Generated Content must comply with all relevant legislation and must not contain any material which may be considered offensive, defamatory, illegal or which could cause any reputational loss or embarrassment to us.

(d)           The User Generated Content must not infringe the intellectual property rights or any other rights of any third party.

(e)           If you contravene any of these terms and conditions, we reserve the right to suspend or permanently remove availability of your User Generated Content and to take any other steps which we consider appropriate.

(f)            You grant us an irrevocable, worldwide, royalty-free and perpetual licence to distribute to users, reproduce, publicly display or perform, amend, edit, transfer and create derivative works from, the User Generated Content as we consider necessary.

4.Virtual goods

4.1          The Services may permit you to purchase in app purchases or virtual goods for use in them (“Virtual Goods“).  These are the rules that apply to Virtual Goods:

(a)           Virtual Goods have no real world monetary value and do not constitute real world currency or property of any type.

(b)           Virtual Goods may be redeemed only for other Virtual Goods where permitted in the Services.

(c)           Virtual Goods are non-refundable and non-exchangeable once purchased by you (whether or not you use them).

(d)           Virtual Goods cannot be sold or transferred to anyone and cannot be exchanged for cash or any goods or services (other than Virtual Goods as permitted by the Service and by these Terms).

(e)           Virtual Currency expires on the date on which we stop providing the Services or on which you or we cancel your use of the Services as provided below.

(f)            To acquire Virtual Goods, you need to follow the instructions provided by the Services.  This can include making a payment and providing personal and financial details (which you should ensure are complete and accurate).  We will transfer the Virtual Goods to you only once that payment has been processed.

(g)           The price payable for the Virtual Goods (including any value added tax or other applicable taxes of duties) will be as set out on our website or the Services (as applicable).  We reserve the right to change the price of Virtual Goods at any time at our discretion.

(h)           You are responsible for any and all applicable taxes and other applicable costs regarding your acquisition of Virtual Goods.

(i)             We do not make any promises regarding how or when Virtual Goods may be available and can update or change Virtual Goods at any time.

(j)             You may only acquire Virtual Goods from us.

(k)            We may limit or block a request to acquire Virtual Goods for any reason.

5. Feedback

We welcome feedback from our users regarding our Services.  Please note that, as part of you providing us any comments, suggestions, game ideas or other feedback regarding any of our Services (“Feedback“), you agree that we will be the exclusive owners of the Feedback and you assign all of your rights in the Feedback to us for this purpose.  We may make use of the Feedback for any purpose at our discretion without any notice or compensation to you.

6 disclaimer and release

6.1 In no event shall we be liable whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability or strict liability or other theory), for any indirect, incidental, special or consequential damages (including without limitation any loss of data, service interruption, computer or other device failure or pecuniary loss) arising out of the use or inability to use our Games, including any damages that may result, even if we have been advised of the possibility of such damages.

6.2 Your only right with respect to any problems or dissatisfaction with any of our Games is to discontinue your use of that Game and we are not responsible or liable for any interruptions or errors that you may experience while playing our Games.

7 intellectual property

7.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Games, other than Content which is contributed by players is owned by or licensed to us. It may be easy to copy material that appears on websites, but this does not mean it is legal. Therefore, no one may copy, distribute, show in public or create any derivative work from our Games, or any of the Content which is found within our Games, unless (a) we have first agreed to this in writing, and (b) where Content contributed by one or more player(s) is concerned, by the player(s) in question.