Last updated: 12 March 2014
1. Introduction to these terms and conditions
These terms and conditions are a legal agreement between you and Fen Research Limited ("us" or "we") and are the terms and conditions upon which we permit you to Use our websites listed at http://www.fenforge.com/service_list.html and their contents ("Websites").
These terms and conditions also apply to any communications between you and us, the games, games clients and all content and software which we make available via the Websites or third party platforms ("Games Software"), unless we notify you of any additional or alternative terms, in which case those terms apply. References in these terms to "Services" means the Websites and/or the Games Software. Your right to Install and Use the Games Software is also subject to any rules or policies applied by any appstore or other third party platform provider from whose platform or service you Install or Use the Games Software.
You should print a copy of these terms for future reference. These terms and conditions are available in the English language only.
2. Important notice
By Using the Websites, or Installing the Games Software you are agreeing to these terms and conditions.
If you do not agree to these terms and conditions we will not license the Services to you and you must stop Using the Websites and Games Software, and you must fully uninstall the Games Software from each of Your Devices by following the instructions at http://www.fenforge.com/uninstall.html.
You have the right to withdraw from any transaction you make without charge and without any reason before Installing or Using the Services to which the transaction relates. You will lose this right to cancel the transaction when you begin to Install or Use the Services to which the transaction relates. This does not affect your legal rights which are described in section 15.
Section 15 of these terms and conditions includes a limitation on our liability to you.
3. Information about us
We are Fen Research Limited, a company registered in England and Wales under registration number 7285955) whose registered office is St John's Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom. Our VAT number is GB 997 9903 27
4. System requirements
To Use the Games Software Your Device must meet certain system requirements, which are described at http://www.fenforge.com/system_requirements.html. You should ensure Your Device meets these requirements before attempting to Install or Use the applicable Games Software.
Our Games Software may require a reliable internet connection to our servers to operate, and might not operate at all, or might not operate reliably without such a connection.
5. Your Devices
You must ensure you have all necessary rights to Use the Websites from, or Install or Use the Games Software on, the device(s) you use for these acts. Charges may be applied by service providers for internet access on such devices.
You accept full responsibility for the Use of the Services on or in relation to any of Your Devices.
6. Your promises to us
By Installing the Games Software you promise us that you are at least 18 years old. Our Services are intended to be Used only by users who are 13 years or older. You agree not to allow anyone under 13 years old to Use our Services from Your Devices.
You also promise us that all information and details provided by you to us (including on registration for an account) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time from the 'settings' screen of the Game Software which you Used to create that account (if applicable).
7. Charges and Payments
Details of the charges applicable to our Services, and the methods of payments we accept are set out at http://www.fenforge.com/billing.html. The charges are stated inclusive of UK VAT. Some of our Services may allow you to make in-game purchases. Further details are provided prior to the point of purchase.
If you are paying by credit or debit card, payment will be debited from your account upon or shortly after you have confirmed your order, or in the case of a recurring payment on the date on which your subscription is renewed. You confirm that the credit or debit card that is being used is yours. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept the transaction and we will not be responsible for any failure to deliver the requested Service. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment in accordance with your requested order for Services. If you dispute any payments taken by us from your payment card, we recommend you first contact us to discuss the relevant transaction. If we receive a chargeback in respect of any payment made for Services properly requested or Used by you, we will not be responsible for any failure by us to deliver, or to continue delivering, the applicable Services.
If you are purchasing Games Software from an appstore or third party platform, the payment transaction is between you and the third party platform.
8. Personal Information
You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any messages or information you post, send or share using our Services may be read or intercepted by others.
We may include links in our Services to third party websites or services. We are not responsible for their privacy practices or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third party websites or services.
9. Your rights to use the Services
In exchange for you complying with these terms and conditions, we grant you a non-exclusive licence to:
- Use the Websites for your personal use only; and
- Install the Games Software onto Your Devices; and
- Use the Games Software on Your Device(s) for your personal use only.
You acknowledge that your Use of the Services grants you no rights in or to the Services or any of our intellectual property rights (including copyright, trademarks and patents) other than the right to Use the Services in accordance with these terms and conditions. We do not sell the Websites or Games Software to you.
10. Restrictions on your use of the Services
- not to copy the Services (or any part of any of them) except where such copying is incidental to your Use of the Services in accordance with these terms and conditions.
- not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of any of them to be combined with, or become incorporated in, any other programs.
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Services with another software program, and provided that the information obtained by you during such activities:
- a. is used only for the purpose of achieving inter-operability of the Services with another software program;
- b. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- c. is not used to create any software that is substantially similar to the Services;
- not to create alternative servers for Use with our Services. You must not Use our Services in conjunction with any servers other than the servers we provide.
- not to use or create software which automatically interacts with our Services, such that the level of user interaction required is less than would be required without that software (except to the extent required for web accessibility purposes).
- not to do anything which may disrupt, damage, or impair our Services (or any part thereof), or prevent other users from Using any part of our Services.
- not to intercept or modify the communications between our Services and our servers.
- not to deliberately exploit any bugs you find in our Services.
- not to Use our Services for any illegal or unlawful purpose; and
- not to provide or otherwise make available the Services in whole or in part (including any object and source code), in any form to any person without prior written consent from us.
11. Ending your use of our Services
You can simply choose to stop Using the Services and remove the Games Software from Your Device(s) at any time by following the instructions at http://www.fenforge.com/uninstall.html.
If you have purchased a subscription to any Services, you may cancel this at any time by following the instructions at http://www.fenforge.com/billing.html and no further payments for this subscription will be taken. If your cancellation takes effect prior to the end of a period in respect of which you have already made a subscription payment, then the benefits of your subscription will remain active until the end of that period.
However, please note that you agree you will not be able to cancel any transactions nor obtain any refunds of charges paid once you have confirmed them via the Services. This is because, as soon as you have confirmed it, the Services will commence.
You may need to create an account with us to Use the Games Software or certain features of our Websites. Your account is personal to you and may not be transferred to or shared with others.
You are responsible for keeping your account and login details secure and are responsible for all activities that are carried out under them. You should choose a strong, unique password, which you do not disclose to anyone else or use with any other service. You should also install anti-virus and firewall software on Your Devices and install security updates on Your Devices in a timely fashion. You should not use our Services from any device which does not have up to date anti-virus or firewall software, or which is not up to date with security updates. We will not be responsible for any losses suffered by you in circumstances where your account is Used by someone else, unless this is caused by our negligence.
13. Acceptable use of the Services
You acknowledge that the Services may enable you to communicate with other users of our services and post messages, game ideas or suggested improvements, personal information, images, text and other material ("Content") which can be seen by others, for example, in private chat, public chat and forums.
You agree that in Using the Websites and the Games Software, you agree:
- not to post or otherwise make available any Content which is unlawful, defamatory, obscene, offensive, racist, illegal, incites hatred or criminal activity, has the effect of being harassing, threatening or abusive to any individual or group of individuals (including on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise) or which infringes any third party's rights.
- not to solicit or attempt to solicit personal information from any other user.
- not to impersonate any other person.
- not use our messaging facilities to lie to or deceive other users (i.e. you must not 'scam' other users) or to advertise or promote third party or your own products and services.
By posting or making available any Content via our Services, or by sending any Content to us, you are promising us that you have the right and all necessary approvals to use such Content and that we can use it in any media without any payment or obligation to you or anyone else. You further promise us that the availability or publishing of any such Content as part of our Services will not cause us to infringe the rights of any third party or to be in breach of any applicable law or regulation. You agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the promises made by you in this section 13.
You acknowledge that we do not monitor or moderate Content made available by users of our Websites or Games Software. If we become aware of any Content which we reasonably consider does not comply with the spirit of these terms and conditions, we may remove it.
14. Third Party Content
The Services may contain links to third party websites or services which are not operated or controlled by us. You acknowledge and agree that we are not responsible for and do not endorse their content or its accuracy.
15. Your legal rights and the limits on our liability to you
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We also accept liability for fraud and fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law. These include that we will provide the Services with reasonable care and skill. Nothing in these terms and conditions is intended to or will affect these statutory rights.
If we breach these terms and conditions, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the greater of : (i) the amount you have paid to us over the previous 12 months; and (ii) £50. "Foreseeable" means that the losses could have been reasonably contemplated by you and us at the time of entering into these Terms.
We are not responsible for: (i) losses not caused by our breach; (ii) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and we could not have reasonably anticipated that type of loss arising at the time of entering into these terms and conditions; or (iii) failure to provide the Services or to meet any of our obligations under these terms and conditions where such failure is due to events beyond our control (for example a network failure).
We will not be responsible for losses or damage caused by errors, defects or bugs in our Services, unless such errors, defects or bugs were caused by failure to use reasonable care and skill.
If you breach these terms and conditions, then (without limiting any other remedy we may have), we may at our sole discretion, disable, partially disable, modify, or delete any or all of your accounts, block your IP address or Your Devices from accessing our Services, adjust your save game data, or in any other lawful way partially or fully restrict your Use of any of our Services.
17. Availability of Services
Whilst we use reasonable efforts to provide a reliable service and software, we do not and cannot guarantee that our Websites or our Game Software will be available 100% of the time. All software may contain bugs, and all hardware can suffer failures. You also acknowledge that failures, defects or other issues which have a detrimental effect on the Services may occur due to events beyond our reasonable control.
We want to continually improve our services and so we reserve the right to alter our Websites and Games Software at any time, including adding, removing or changing features (which may advantage or disadvantage you). We will always try to make changes in a way which we feel benefits our users. For example we may make changes to correct a mistake, (for example if we accidentally made an aspect of a game too powerful or too weak), or to replace an unpopular feature with one we feel more users will appreciate, or to make the system requirements of a game better match the hardware of the majority of its users. We will try to give you notice of any material changes to the Services. If we change the Services to your detriment, you can cancel your subscriptions with us and stop Using our Services at any time as described in section 11.
18. Automatic updates
Each time our Games Software is run it may automatically connect to our servers, and download and install updates to upgrade itself to the latest version. These updates may add, remove or change features, see description in section 17 above. This is necessary to maintain compatibility with other updates to our Services.
19. Early Access Software
We may at times make incomplete versions of our Games Software available for you to test ("Early Access Software"). This Early Access Software is made available to allows us to test for compatibility, bugs, and to get feedback during development.
You acknowledge that Early Access Software is incomplete and untested, and as such is more likely to not function correctly or securely.
Use of Early Access Software is optional, and is entirely at your own risk. If you do not wish to expose yourself to this increased risk you should not use the Early Access Software and should instead wait until the release version of the Games Software is available instead. Early Access Software will always be clearly marked as such.
Early Access Software is also more likely to be materially changed, or discontinued entirely, and will always be discontinued if the release version of that Games Software is made available.
During the operation of Early Access Software your save games for that software may be accidentally or deliberately adjusted, or reset. You should assume that when the Early Access Software is discontinued in favour of the release version that your save game will be lost, and you will have to start again.
In recognition of the above limitations we do not make any charge to Install or Use our Early Access Software. However when the equivalent released version is launched, features which were previously free in the Early Access Software may require a purchase or subscription to use.
20. Changes to these terms and conditions
You agree that we may update or amend these terms and conditions to reflect updates to our Services and/or as a result of legal or regulatory changes. We will give you reasonable notice of any material changes to these terms and conditions, and your continued Use of the Websites or Games Software will signify your agreement to those changes.
21. Rights of third parties
The Games Software incorporates modified versions of various 3rd party code/media which has been generously been made available by its authors. The 3rd party code/media (but not our modifications or the rest of our Games Software) is licensed under the agreements described at http://www.fenforge.com/third_party_licenses.html
Except as explicitly described in the third party licenses referenced above, these terms and conditions are not intended to give rights to anyone except you and us.
22. No waiver of legal rights
If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.
If any part of these terms and conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
We will do our best to resolve any disputes over these terms and conditions. You and we both agree that (unless applicable law requires otherwise), your entire agreement with us shall be subject to English law, and to submit to the exclusive jurisdiction of the English courts.
However if you live in another EU country and our Services are found to be directed at your country then you may also be able to bring a claim in the country in which you live. If you live in England or Wales the laws of England and Wales shall apply and if you live in Scotland, Scottish law shall apply.
25. Contact Details
If you have any questions, complaints or comments about us or our services then please contact us by emailing: [email protected] or by writing to us at Fen Research Limited, St Johns Innovation Centre, Cowley Road, Cambridge, CB4 0WS.
("Install"), ("Installing"), or ("Installed") means to download, transfer, copy, or otherwise install software onto a device, or to press the 'I accept' button when you use software on a device.
("Use"), ("Using"), or ("Used") mean to access, use, run, stream, view, display or otherwise utilise software or websites.
("Your Devices") means each device you own, and each device on which you Install the Games Software even if you do not own that device.