Cubiverse Game terms and conditions
- 1 Cubiverse Terms and Conditions
- 1.1 ABOUT
- 1.2 FREE PLAY
- 1.3 REGISTRATION, ACCOUNT AND PASSWORD
- 1.4 RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
- 1.5 OWNERSHIP OF WORLDS AND CREATIVE CONTENT
- 1.6 PUBLISHING OF CONTENT
- 1.7 RESTRICTIONS AND OBLIGATIONS
- 1.8 FORUM AND COMMUNICATIONS
- 1.9 INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
- 1.10 LIABILITY
- 1.11 TERMINATION
- 1.12 PURCHASES
- 1.13 PRICE AND PAYMENT
- 1.14 RETURNS, REFUNDS AND CANCELLATION
- 1.15 ERRORS
- 1.16 LIABILITY & DISCLAIMER
- 1.17 POLICY ON PRIVACY, DATA, COOKIES AND MARKETING COMMUNICATIONS
- 1.18 GENERAL
- 1.19 GAME EULA
- 1.20 OWNERSHIP
- 1.21 Termination
- 1.22 Liability
- 1.23 Severability
- 1.24 Applicable Law
- 1.25 HEALTH AND SAFETY AND PRECAUTIONS
Cubiverse Terms and Conditions
Please read these terms and conditions carefully.
These terms and conditions govern and apply to all and any use, access and availability of the Products and/or Service(s) provided by Hunter Gamer including but not limited to the Cubiverse.
By accessing the Products or Services you signify you that you have read, understand and agree to be bound by these terms and conditions whether or not you have a registered account. You can use the Service through one registered account.
Cubiverse is an online game crafting and world building platform, owned and operated by Hunter Gamer available at www.Cubiverse.net. This Service allows users to build virtual worlds, buy and re-sell digital and physical assets for use on any platform.
the on-line digital system called "Cubiverse", is related web-sites and entertainment platforms owned and operated by Hunter Game and available at or using Cubiverse.net (or related domains), affiliated or partner websites which further information and games are made available and / or the Client software, with all related Communications, services, software programs and materials; and / or
“Communications” means any materials, content, data, messages, postings, and communications sent, submitted, posted, placed on, made to or otherwise communicated to, from or using Cubvierse.net; “Game” or “Games” means those computer, mobile, electronic devices or console games, digitally available which are or may be purchased and / or downloaded using the Service in accordance with these terms and conditions and used in accordance with the applicable Game EULA; “Game EULA” means the end user licence agreement applicable to a Game;
If you are under the age of 18 years and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you. We reserve the right, at Our sole discretion, to change, modify, add, or delete portions of these terms and conditions of use at any time without further notice, so you should check these terms regularly. Your continued use of Cubiverse.net will be deemed acceptance of the updated or amended terms and these variations shall become effective immediately upon being accessible. If you do not agree to the changes, you should cease using the Service immediately. If there is any conflict between these terms and specific local terms appearing elsewhere on Cubvierse.net then the latter shall prevail.
This Service offers the ability to play worlds without purchase, however Cubiverse remains the right to remove this ability at any time without prior notice. All free play users are subject to the termination of their service should the Service deem that this is necessary to ensure the operation of registered or paying accounts.
REGISTRATION, ACCOUNT AND PASSWORD
In order to use and access the Service you will need to register. To register you will need to submit certain information and choose a User Name and a Password.
The User Name and Password chosen by and issued to you upon registration with the Service is personal to you so that you can use and access the Service and must not be disclosed to any person without Our prior written consent.
You agree, accept and understand that:
We consider one account per individual / house hold as 'fair use', and reserve the right to ban (deactivate) any user who is in possession of more than one/multiple accounts; You must ensure that all information held about you by Us is up to date; You can amend your registration details at any time through the Service (as appropriate); You are and shall remain responsible for maintaining the confidentiality of your User Name and Password; You are solely liable for any use of the Service using your User Name and Password whatsoever. DO NOT SHARE YOUR USER NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR LOGIN ID, USER NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY. IF YOU THINK YOUR LOGIN ID, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED YOU MUST INFORM US IMMEDIATELY.
You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify Us (as appropriate) against any loss or damage incurred by Us and any third parties who may suffer damage as a result of the information that you have supplied.
RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
Subject to these terms and conditions and your compliance with them, We grant you a non-exclusive, non-transferable, personal, limited license to access and use the Service solely for your private, non-commercial, personal use only. This license includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of the Service and the right to download, install and use the Client Software in accordance with these terms and conditions and the applicable Client Software End User License Agreement.You may not transfer, sub license or deal in this right without prior written permission.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership in any part of the Service or any copyright or other intellectual property rights subsisting in it.
Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in the Service belong to and vest in or are licensed by Us (as appropriate). All Our intellectual property rights are hereby asserted and reserved.
All third party trade names and trademarks are the property of their respective owners and We make no warranty or representation in relation to them. We do not claim or assert any right title or interest in any third party Communications.
OWNERSHIP OF WORLDS AND CREATIVE CONTENT
We grant you copyright and ownership of all created content that are not based on derivative works (this includes, but is not limited to cloned worlds or worlds generated from external sources). You hereby grant "Hunter Gamer" full rights to publish the world under the terms and conditions of this agreement.
The user fully agrees not to use Copyright material within their worlds (whether similar or in parody), or base any part of their world on Copyright material. The user fully indemnifies Hunter Gamer from all actions (legal, or otherwise) due to the use of, or similarity to Copyright material. Furthermore the user permits Hunter Gamer, or any 3rd party to issue legal proceedings due to use of, or publicity of works from Copyright source.
You should seek full written permission before creating any worlds based on, or similar to, Copyright works. This permissions must be forwarded to Hunter Gamer within 14 days of receipt. Individuals or companies are free to develop worlds that copy their own (whether owned IP or Copyrighted) material and do not have to gain any permission from Hunter Gamer.
Copyright holders can have any relevant content immediately removed by contacting Hunter Gamer directly.
PUBLISHING OF CONTENT
Cubiverse allows users to publish their world(s) allowing its content to be freely played by other users. Hunter Gamer retains the right to remove, alter, store, market, advertise and copy published worlds.
Cubiverse creates published URL's that allow any user to access any game world, therefore to enable the continued and constant use of this service the user fully agrees that all published worlds shall remain active, subject to these terms and conditions, for as long as the Service exists. The user will take no action to remove any published work, and hereby releases control of the any world or its contents to Hunter Gamer.
RESTRICTIONS AND OBLIGATIONS
You agree to comply with all rules applicable to the use of the Service including but not limited to the applicable end user license agreements. Notwithstanding any other provision of these terms and conditions you agree and undertake not to:
hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them; remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service; create software which mimics any data or functionality in the Service; use or deal in the Service except as permitted by these terms and conditions; include contact details intended to enable communication outside of the Service, in any Communication; use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email; make any public, business or commercial use of the Service or any part of them; provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without Our (as appropriate) prior written permission; use or process the Service or any part of them unfairly or for any illegal or immoral purpose; delete or obscure any copyright or other proprietary notice on the Service. create or use other services to manage access to Cubiverse worlds or Service
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or third party software to modify any aspect of the Service and you expressly consent to Our monitoring your computer’s random access memory for said unauthorized third party programs.
FORUM AND COMMUNICATIONS
We are involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which it is a mere conduit. The Service also consist of an online gaming service and ancillary to this Cubiverse is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which it is a mere conduit. The views expressed in any Communications are the views of the individual authors and not those of "Hunter Gamer" unless specified otherwise.
We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any Communications. By using the Service you acknowledge that We have no responsibility to review the content of any Communications and that all Communications are made available on the basis that We are not required to and do not exercise any control or judgement of the content. Notwithstanding the foregoing We shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
You agree that We may use, publish, edit, modify and adapt your Communications for any and all purposes relating to the Service and Our business and you hereby grant Us an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for them to use your Communications in that way. You further waive all so called moral rights in your Communications.
You agree and undertake that you will not make any Communication or post to or transmit to the Service any statement or material, nor use the Service in any way, that:
is unlawful or which gives rise to civil or criminal liability; promotes any illegal or unlawful activity; infringes any copyright or other intellectual property right of any third party or assists infringement or piracy; includes any computer virus, worms, logic bombs or other malicious software or technically harmful data; is abusive, pornographic, defamatory, discriminatory or obscene; harasses any person; markets or promotes any third party; interferes with another user's use and enjoyment of the Service; impersonates any moderator, administrator or any staff or other persons connected with Us; infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity; includes restricted / password protected content or materials; exploits any other person; is disruptive or offensive or is just generally mean-spirited such as including spoilers; solicits passwords or personal information; provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian); tries to gain unauthorized access to any computer, servers or any part of the Service including its servers, network and the computers of other users; tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the Service; engages in or solicits commercial activities or sales without Our’ prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes; refers to any material that is inappropriate; seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect; contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing. If you discover any material which you believe contravenes these terms and conditions please inform either Us or a forum moderator with details of the page you found it on. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any website. By using the Service and its services you accept that this is the case and accept that you therefore use the Service at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL
INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
You acknowledge and agree that, if necessary, We will communicate with you via the email address you have provided. Notices that are applicable to all Our customers shall be made available on the Service websites or otherwise within the Service. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on Our websites or within the Service.
All emails sent by Us and attachments thereto are intended for the addressee only.
Hunter Game provides and maintains the Service for personal entertainment on an “as is” basis and is liable only to provide its services with reasonable skill and care.
External Sites have not been verified or reviewed by Us and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which the Service link. Hunter Gamer gives no other warranty in connection with the Service and to the maximum extent permitted by law, Hunter Gamer excludes liability for:
any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which We have been made aware of; the accuracy, currency or validity of information and material contained within any Communications or the Service; any interruptions to or delays in updating the Service; any incorrect or inaccurate information on the Service; the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of the Service; - the availability, quality, content or nature of External Sites; - any transaction involving External Sites; - 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 the Service, or any Communication; - all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
We do not warrant that the operation of the Service will be uninterrupted or error free.
We will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation 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.
You agree that you are and shall remain responsible for maintaining the confidentiality of your Password and User Name and for all activities that occur under your account.
You hereby indemnify, defend and hold Us and Our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorney’s fees) incurred by the
Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of the
Service, any Communications and any use of your user account. You shall use your best efforts to cooperate with Us in the defence of any claim. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Without limiting to any other rights it may have We may remove, restrict, cancel or suspend access to and use of the Service and any part of it, if We consider (in sole discretion) that you have breached of any of these terms and conditions or if it is reasonable to do so.
You may purchase additional functionality, in-game objects and products through the Service as follows:
When you place an order for a Game or Product ("Order") this will be deemed an offer to buy the Game or Product for the price stated, subject to these terms and conditions.
After you have submitted your Order Hunter Gamer will send you an e-mail to confirm that it has received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that Hunter Gamer will be able to meet your Order.
The use and purchase of elements through the Service shall be subject to the end user licence terms, which shall be deemed incorporated into any purchase and by purchasing or downloading any Game you are deemed to accept them.
Purchasing a game via a proxy server or VPN, will result in the loss of the purchase and we will not issue a refund.
In the event that downloads are not possible due to the continued use of a proxy server or similar technology customers will NOT be eligible for a refund.
PRICE AND PAYMENT
Payment is due from the moment an Order is accepted.
Payment may be made as set out on the payment page of the Service, by credit card, debit card or any other such method as Hunter Gamer may introduce in its sole discretion.
Hunter Gamer aims to debit money from your account within three working days after receiving your Order. Hunter Gamer reserves the right to accept or refuse any payment made in any form. Prices are quoted in UK pounds, Euros or US Dollars depending on your geographical location. You must pay in the currency in which the price is quoted.
RETURNS, REFUNDS AND CANCELLATION
All purchases are final, if you cannot use an purchase through a error or fault please contact "Hunter Gamer" as set out below and "Hunter Gamer" will endeavour to provide technical assistance. This may mean using a different browser and/or version of a browser to access the service.
If the Product has not been used or enabled within the game, you have to right to refund within 14 working days of purchase, you may cancel the order and receive a full refund PROVIDED THAT you notify us within the timer period and provide a satisfactory reason for refund.
IMPORTANT: Hunter Game tries very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur.
If Hunter Gamer discovers an error that affects you, Hunter Gamer will notify you as soon as possible.
In those circumstances Hunter Gamer reserves the right to cancel or suspend a transaction until the error is corrected and will use all reasonable efforts to ensure the same error does not reoccur and that it is rectified as quickly as possible.
Hunter Gamer may cancel any Order or sale and not supply the applicable Game or Product if it is reasonable to do so (including without limitation in the event of mistake). Hunter Gamer may also change or discontinue the availability of any Games or Products at any time in its sole discretion.
LIABILITY & DISCLAIMER
So far as the law permits, We disclaim all representations, terms, conditions and warranties (including those relating to satisfactory quality, merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer viruses) relating to products provided to you by Hunter Gamer. So far as the law permits, We will not have any liability to you (whether or not caused by negligence) relating to products provided to you by Us for any indirect, special, incidental or consequential damages. This includes loss of data, loss of income or profit, loss of goodwill, damage to reputation, damage to computer software and other computer or storage systems.
POLICY ON PRIVACY, DATA, COOKIES AND MARKETING COMMUNICATIONS
We may ask you for certain information and you may submit personal data to the Service (such as your name, email address and contact details) when you subscribe or sign up to the Service.
We will only use information collected about you in accordance with the Data Protection Act 1998. From time to time We also monitor and record telephone calls for training purposes and to improve the service to you.We do not collect sensitive information about you without your explicit consent.
We give you a choice of whether or not you want Us or other reputable companies to contact you about future offers, events and new services or related activities that you may find useful. We will not sell or trade personal information to other companies but We would like to keep you informed of the developments on the Service and We would like to share data with other reputable companies who may have interesting offers and information for you (inside or outside the EU). We will not send you any marketing emails or pass your information on to third parties unless you give your consent or you have given it already.
By agreeing to these terms you are specifically allowing the Service to execute all cookies as are required for the Service to operate as efficiently as possible with the best user experience in mind.
These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit Hunter Gamers liability for death or personal injury resulting from its negligence nor any fraudulent representation.
All questions, comments or inquiries should be directed by email to email@example.com
These terms and conditions constitute the entire agreement between you and Us and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
Use of the word “including” in these terms and conditions means including without limitation. Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.
If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
The Service is intended for and directed at the United Kingdom and no representation or warranty is made as to whether the Service complies with the regulatory regime and local laws of any other country.
Use of the Service and these terms and conditions are subject to the laws of Northern Ireland which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of Northern Ireland and the parties submit to the exclusive jurisdiction of the Northern Ireland courts.
These terms and conditions include the terms and conditions of the Client Software end user license agreement and the following terms and conditions of the Game EULA, which shall apply to the use of all Services unless provided otherwise, as detailed in the Game EULA.
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT (“EULA”) BEFORE USING, PURCHASING, DOWNLOADING OR INSTALLING ANY SERVICES OR GAME. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, YOU SHOULD NOT USE, PURCHASE, DOWNLOAD OR INSTALL ANY PART OF THE SERVICE.
Limited Use License.
You are granted and by using the Game you accept, a limited, non-exclusive right and license to install and use one (1) copy of the Game for your personal, non-commercial use on a single computer subject to the terms of this EULA.
End User Rights and Obligations.
The Service is licensed to you as a single product. Its component parts may not be separated for use on more than one computer.
This Service stores your information on a central on-line system and Hunter Gamer nor any third party shall be liable for loss, corruption or mishandling of data.
You may play the game on multiple devices, however the Service remains the right to allow only one active login at any one time.
You may not, except as expressly provided by this EULA:
sell, distribute or otherwise transfer copies or reproductions of the Game to any third party in any way;
in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of the owner of the applicable rights in the Game;
remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game;
exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet cafe or any other location-based site;
network the Game or otherwise install or use it (or permit its use) on more than one computer, console, handheld device or PDA at the same time nor use or permit use of the Game in a network, multi-user arrangement or remote access arrangement, including any online use otherwise than as part of an online service approved by Publisher;
use the Game for any illegal or immoral purposes;
export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations;
create data or executable programs which mimic data or functionality in the Game;
otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it except as expressly provided by this EULA or in any manner which is inconsistent with this EULA
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 Servuce 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 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 Hunter Gamer or its licensors.
The Game 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 Publisher’s licensors may act to protect their rights in the event of any breach of this EULA. All trade marks are the property of their respective owners.
The licence granted by this EULA will terminate automatically if you breach its terms and conditions. In that event, you will loose all ownership of created contents and must immediately stop using the Service in any way. You may terminate this EULA at any time through the cancellation of your account. By cancelling your account you retain ownership of the content, but as specified by the EULA, grant "Hunter Gamer" full rights to manage any worlds created or published through this Service.
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 OR DEATH OR PERSONAL INJURY ARISING CAUSED BY NEGLIGENCE OF HUNTER GAMER OR ITS LICENSORS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
YOU USE THIS SERVICE AT YOUR OWN RISK ; THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT; HUNTER GAMER AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF THIS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED; HUNTER GAMER AND ITS LICENSORS EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
HUNTER GAMER AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE THE GAME, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS; HUNTER GAMER AND ITS LICENSORS WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF THE GAME HAS BEEN MODIFIED IN ANY MANNER (NOT BY HUNTER GAMER OR ITS LICENSORS) AFTER IT HAS BEEN BOUGHT. THE LIABILITY OF HUNTER GAMER AND ITS LICENSORS SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE GAME.
You agree to indemnify, defend and hold HUNTER GAMER 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 Game or use otherwise than in accordance with the terms of this EULA. HUNTER GAMER'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.
In the event that any provision of this EULA 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.
To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Service, any applicable online content and this EULA are subject to Northern Ireland Law. In the event that Northern Ireland Law cannot apply in the country you obtained or use the Game local law will apply.
HEALTH AND SAFETY AND PRECAUTIONS
The Service may contain flashing lights, realistic images, adult themes, violence and simulations.
PLEASE READ THIS NOTICE BEFORE YOU OR YOUR CHILD USE YOUR GAME(S)
Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games. This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this Game has suffers in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using this Game. If you or they are already using the Game please stop and consult a doctor.
If you or any part of you feels tired, fatigue or discomfort whilst playing games please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING YOUR GAME(S):
Please do not:
sit or stand too close to the TV screen / monitor but sit or stand a safe distance away; use this Game or play games if you are sick, sleep, or feel tired, fatigue or discomfort; play in a room that is not well-lit; play for too long at any one time, please take a 10- to 15-minute break every hour. Notice to parents and carers:
Please observe children whilst they play games. Please ensure that you and they following the precautions described above. If you or they experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
Revised : October 2014