SimpleMMO Terms of Use
Effective: 15 December 2021.
Last Updated: 1 April 2023.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES
SimpleMMO is a lightweight, text based massive multiplayer online role playing game. We strive to make SimpleMMO the best text-based MMO out there and a safe environment for you to have fun. This includes respecting your privacy and our commitment to safeguarding your personal data.
These SimpleMMO Terms of Use (“Terms”) applies to your access to and use of SimpleMMO, including our websites and SimpeMMO game (whether that is the desktop or app version), as well as any other apps, widgets, and other online products and services, including any purchases you make through SimpleMMO (collectively, the “Services” or “SimpleMMO”) provided by Galahad Creative Ltd (“SimpleMMO”, “we”, or “us”).
By accessing SimpleMMO or using our Services, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you may not use our Services and must not access our website.
SUMMARY
Below is a summary of some key terms of these Terms of Use. This summary is for your reference only and does not form part of the Terms of Use.
• Use of SimpleMMO, our website and Services is subject to all of the Terms set out below - if you don't agree to the terms, please stop using SimpleMMO or our website immediately.
• SimpleMMO is free to download and to make an account. However, certain premium or in-game features are available to purchase. SimpleMMO it is not pay-to-play and premium in-game features are solely designed to enhance your SimpleMMO experience.
• SimpleMMO and our website and Services are for your personal use only and may not be used for any commercial purposes.
• SimpleMMO, our website and Services may only be used by over 13s.
• We may amend these terms and conditions at any time and without notice by changing this page; we recommend that you check these Terms of Use each time you access our website or Services.
• When using SimpleMMO our Services, in particular in posting content or interacting with others, you must do so in accordance with our Acceptable Use Policy and Game Rules.
• When you post content on SimpleMMO, you consider it to be non-confidential and non-proprietary. You retain any ownership rights you have in Your Content, but you grant us license to use Your Content.
• We may amend these terms and conditions at any time and without notice by changing this page; we recommend that you check these Terms of Use each time you access SimpleMMO, our website or Services.
OTHER TERMS WHICH APPLY TO YOU
As part of your use of SimpleMMO and the Services, there may be other terms which apply to you and to which these Terms refer including:
• Our
Privacy Policy. This explains how we collect, use, and share information we collect about you when you use SimpleMMO or our Services.
• Our
Cookies Policy. This sets out information about the cookies we use on our website.
• Our Acceptable Use Policy. This sets out the permitted and prohibited uses for SimpleMMO.
• The Game Rules. These are the rules that you must follow when using SimpleMMO.
1. Your Access to the Services
Children under the age of 13 are not permitted to create an account or otherwise use the Services. If you are accessing our Services from the European Economic Area, you must also be over the legal age required by the laws of your country to create an account or otherwise use the Services.
By accepting these Terms, creating an account on SimpleMMO or using our website or Services you confirm you are over the legal age in your country.
In addition, if you are under 18, by using our website and SimpleMMO you confirm that you have the consent of your parent or guardian to use our Services and, in particular, to make any purchases you may make through SimpleMMO.
2. Your Use of the Services
Using SimpleMMO requires you to create an account. In respect of account holders, we grant you a personal, non-transferable, non-exclusive, revocable, limited license to use and access SimpleMMO and the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services, SimpleMMO, our website, or any content made available through our website, SimpleMMO, or the Services;
• modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or SimpleMMO; or
• access SimpleMMO or the Services or any content made available through our website in order to build a similar or competing website, product, or service, unless otherwise agreed or licenced by us.
Specifically, you are not permitted to use this website or SimpleMMO (including the mobile app, the desktop version of the game, and any webpage and/or data that passes through our web domain(s)), its underlying computer programs (including application programming interfaces (“APIs”)), domain names, URLs, databases, functions or its content other than for private, non-commercial purposes. The use of any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from this website (“scraping”) is strictly prohibited.
We reserve the right to modify, suspend, or discontinue the Services or SimpleMMO (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3. Your Account and Account Security
Using SimpleMMO requires you to create an account with us (an "Account") and provide us with a username, email password, and certain other information about you. As part of creating your Account (or at any point thereafter) you may also create an avatar or “sprite”; you may upload your own sprite in exchange for virtual currency or choose from the available options.
When creating your Account or uploading a sprite, you must not choose a username/sprite that infringes the rights of any third party, impersonates SimpleMMO staff or administrators or other users, which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or which breaches the username requirements, Acceptable Use Policy or Game Rules. We reserve the right to make such assessment in our sole discretion, change any username, delete any sprite, for any reason or take such other action as we believe appropriate.
You are solely responsible for the security of your Account. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
You must maintain the security of your Account and we recommend you use a strong password that is unique to your Account and not used across other websites or services.
If you discover or suspect that someone has accessed your Account without your permission, or if you use a password which becomes compromised due to its use on another website or service, you must notify us immediately at
[email protected].
You will not license, sell, or transfer your Account without our prior written approval.
We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
Full details on how we use this information and why providing by you when creating your Account can be found in our Privacy Policy.
4. Membership and Virtual Currency
SimpleMMO is free to play and we aim to keep it that way. However, certain premium features are available to purchase either through our membership subscription or in exchange for purchasing “Diamonds” for real money.
You may purchase a membership subscription or Diamonds within SimpleMMO (both the app and desktop variants of the game) by providing your debit card, credit card, or other payment information. We use third-party payment processors (Stripe, Google Play, and Apple App Store) to process your payments and will share your payment information with them. All card details you provide are stored by our trusted third-party payment providers (Stripe, Google Play, and Apple App Store) and are not stored by us.
IMPORTANT INFORMATION, PLEASE READ.
Both the purchase of Diamonds and the membership are subject to a number of conditions and restrictions.
Memberships are rolling monthly renewing automatically at the end of your subscription period and your chosen payment method will be automatically charged. We reserve the right to amend, modify or remove certain aspects of membership benefits (including the monthly subscription price), from time to time, in our absolute discretion. Where we do so, we will notify you of these changes in advance, usually through the release notes section within the game.
You can find details on your membership, including how to cancel your membership, within the “Settings” section of SimpleMMO or via the Google Play Store subscription area depending on your method of payment.
Diamonds can only be redeemed within SimpleMMO; however, Diamonds or any other virtual currency we may make available to you through SimpleMMO have no inherent or monetary value and are not your own private property, rather they constitute a measurement of the extent of your license in a Galahad Creative Ltd product.
We do not provide any cash or refunds for Diamonds (except as required by law) and we may impose additional restrictions relating to the purchase and/or redemption of Diamonds. Where we do, we will notify you of these changes in advance, usually through the release notes section within the game.
FOR THE AVOIDANCE OF DOUBT, DIAMONDS OR ANY OTHER VIRTUAL CURRENCY AND/OR MICROCREDITS MADE AVAILABLE TO YOU HAVE NO CASH VALUE, DO NOT ACCRUE INTEREST AND, UNLESS OTHERWISE REQUIRED BY LAW, ARE NOT REDEEMABLE OR REFUNDABLE FOR ANY SUM OF MONEY AT ANY TIME.
5. Payment Information & Refunds
All purchases, be it for membership or for virtual currency, such as Diamonds, require you to provide a valid debit card, credit card, or other accepted payment information. We use third-party payment processors (Stripe, Google Play, and Apple App Store) to process your payments and will share your payment information with them. All card details you provide are stored by our trusted third-party payment provider Stripe (or Google Pay, if you purchase directly through your Android device) and are not stored by us. Payments may be displayed as "Galahad Creative Ltd." on your credit statement.
If you buy any of our paid for features (“Premium Features”), you agree to pay us the applicable fees and taxes and to any additional terms specific to those Premium Features. Failure to pay these fees may result in the termination of your paid services.
All subscription-based features (such as memberships) will renew automatically at the end of each subscription period, and your payment method will automatically be charged the current fee and taxes applicable to the new subscription period. To avoid future charges, cancel before the renewal date.
You also agree that:
• Your purchase may be subject to foreign exchange fees or differences in prices based on location and that we have absolute discretion in determining any applicable exchange or conversion rate.
• The taxes payable by you in respect of the Premium Features you have purchased may be based on the billing information you provide us at the time of purchase.
• We may store (either directly or through our trusted third-party payment provider) and continue billing your payment method, to avoid interruptions in your Services and to pay for other Services you may buy.
• We may change our fees or benefits associated with the Premium Features from time to time with reasonable advance notice; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the premium features.
In respect of any purchased made through the SimpleMMO store, typically:
- Diamonds purchased via Google Play, Apple App Store or Stripe can be refunded if an administrator is contacted within 24 hours and no Diamonds associated with that purchase have been spent within SimpleMMO;
- We may refund you in respect of any in-game reward purchases you make in the form of Diamonds only, where an administrator is contacted within 48 hours of purchase.
This is only applicable to the following rewards:
* Custom Avatar
* Item Rename
* Custom Colour on Username
* Custom Gradient Colour on Username.
You also may change your user-submitted reward up to (2) times within 3 days of purchase. This is limited to the following rewards:
* Custom Avatar
* Item Rename
* Custom Colour on Username
* Custom Gradient Colour on Username.
Outside the above policy, we are happy to review requests for refunds on a case by case basis. However, unless required by law, we will not refund any amounts paid in relation to memberships or Diamonds when:
• You have lost your access to a Premium Feature due to being suspended or banned from SimpleMMO, where we have reason to believe you have violated these terms or the Game Rules;
• Those purchases were as a result of your Account being compromised (unless it was as a result of our negligence);
• You have been the victim of in-game scamming.
6. Our Content
Our website, SimpleMMO and the Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”).
We are the owner or the licensee of all intellectual property rights in our site, the material published on it and the Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to Content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of Content on our site must always be acknowledged.
You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
7. Your Content
When using SimpleMMO, our website, the Services, or our Content, you can create content (such as your own travel text), as well as submit or upload content of your own through your Account (collectively “Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
Whenever you SimpleMMO, or a particular feature, to create or upload Your Content onto our site, in addition to these terms, you must comply with our Acceptable Use Policy and Game Rules.
By submitting Your Content to SimpleMMO, the website or through the Services, you represent and warrant that such contribution does apply with those policies and that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
Any content you upload to SimpleMMO will be considered non-confidential and non-proprietary. You retain any ownership rights you have in Your Content, but you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with us. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, and feedback about SimpleMMO or our Services that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, our Acceptable Use Policy, or the Game Rules, or if you otherwise create liability for us. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
8. Interacting with other SimpleMMO users
SimpleMMO is an interactive game and we strive to keep SimpleMMO a fun, safe, and friendly environment. That said, when you interact with users through our Interactive Services, we have a few house rules we require you to adhere to. “Interactive Services” means the in-game chat features in SimpleMMO and any chat rooms, bulletin boards, comments and public feedback pages we make available.
We require that when posting any content, expressions or opinions through our Interactive Services (a “Contribution”) you comply with the following standards. We at SimpleMMO will determine, in our discretion, whether a Contribution breaches these guidelines.
Any Contribution must:
• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the laws of England and Wales and in any country from which it is posted.
A Contribution must not:
• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Be intended to bully, insult, intimidate or humiliate.
• Promote sexually explicit material or sexual depictions of minors.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates, or is someway associated with, SimpleMMO or from any other company or organisation, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites.
• Contain spam or be intended to be spam.
We will do our best to assess any possible risks for users (and in particular, for minors) from third parties when they use any Interactive Service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our Interactive Services by a minor (that being a person under 18) is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate SimpleMMO or an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
9. Third-Party Content, Advertisements and Promotions
SimpleMMO, our website or Services may contain links to other third-party websites, resources products, or services, which may be posted by our affiliates, advertisers, or partners (“Third-Party Content”). Third-Party Content is not under our control, and such links should not be interpreted as approval by us such Third-Party Content; we are not responsible, and accept no liability, for any such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
10. Acceptable Use Policy
We strive to make SimpleMMO the best text-based MMO out there and a safe environment for you to have fun. This includes keeping SimpleMMO a fun, safe, and friendly environment.
In order to keep SimpleMMO that way, we ask that you respect other SimpleMMO users and their rights, including by following these terms and this Acceptable Use Policy.
In addition, you may only use SimpleMMO, the website and the Services for lawful purpose, and you will not:
• Create or submit Content that violates our Terms, Acceptable Use Policy or Game Rules or attempt to circumvent any content-filtering techniques we use;
• Use SimpleMMO or the Services in any way which breaches any applicable local, national or international law or regulation, or in any way that is unlawful or fraudulent;
• Use SimpleMMO for the purposes of harming or attempting to harm any person in any way, including any acts which constitute bullying, insults, intimidation or humiliation;
• Send, knowingly receive, upload, download, use or re-use any material which does not comply with our Terms, this Acceptable Use Policy or the Game Rules;
• Send, knowingly receive, upload, download, use or re-use any material which may be constituting plagiarism or a breach of any parties intellectual property rights;
• Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
• Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• Act in any manner that could interfere with, damage, disrupt, or negatively affect, or inhibit other users from fully enjoying SimpleMMO, the Services or that could damage, disable, overburden, or impair the functioning of SimpleMMO or the Services in any manner.
11. Copyright, the DMCA & Takedowns
We respect the intellectual property of others and require that when using our website and Services you do the same.
Specifically, when using SimpleMMO, our website, or Services you agree not to:
• Act in any way which would infringe any person or entity's intellectual property or any other proprietary rights;
• Reproduce, duplicate, copy or re-sell any part of our website or Services, unless otherwise agreed by us pursuant to a licencing agreement. In particular we prohibit:
o the use of any automated system, software, or manual process, whether operated by a third party or otherwise, to extract any data from this website for commercial purposes (“scraping”); and,
o Any attempt to harvest, collect, gather or assemble information or data regarding the website, the Services, the Content or any other user of the Services.
Where we suspect that users have infringed the intellectual property rights of another person or entity, we will take steps to removal any infringing materials from SimpleMMO and, in certain circumstances (such as in the case of repeat infringers), will suspend or ban those offending users.
When enforcing the rights of ours and others intellectual property rights, we response to notices of alleged copyright infringement under the US Digital Millennium Copyright Act 1988 (“DMCA”). If you believe that any of your copyrighted work accessible through our website or the Services has been used in a manner which would constitute a copyright infringement, you may notify us at
[email protected].
12. Breach of our Terms
We take all breaches of our Terms, our Acceptable Use Policy and Game Rules seriously and if we do consider that a breach has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following:
• The immediate, suspension or permanent removal of your Account and your right to use SimpleMMO, our website and the Services;
• The immediate, temporary or permanent, removal of Your Content or any other contribution uploaded by you to our site.
• Issuing a warning to you;
• Legal action against you, which may extend to legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and,
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
13. Indemnity
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US (INCLUDING OUR OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS), OUR LICENSORS, AND OUR THIRD PARTY SERVICE PROVIDERS (THE “INDEMNIFIED ENTITIES”) HARMLESS, INCLUDING COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF THE WEBSITE, SIMPLEMMO, OR OUR SERVICES; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR CONTENT OR ANY OTHER CONTRIBUTION YOUR MAKE ON THE WEBSITE, SIMPLEMMO, OR THROUGH OUR SERVICES; OR, (D) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE RIGHT TO CONTROL THE DEFENCE OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENCE OF THESE CLAIMS.
14. No Warranty
SIMPLEMMO, OUR WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GALAHAD CREATIVE LTD, ITS LICENSORS, AND ITS THIRD PARTY PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. WHILE WE DO MAKE EVERY EFFORT TO ENSURE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICES IS SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GALAHAD CREATIVE LTD HAS NO RESPONSIBILITY FOR, AND DOES NOT ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE WEBSITE OR SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS.
15. Limitation of Our Liability and Our responsibility for loss or damage
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
When you access our website and/or Services, you agree that you do so for domestic and private use only. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitation of our Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED POUNDS (£100) OR THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE PREVIOUS MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE INDEMNIFIED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
16. Termination
We may terminate your access to the website or Services at any time without a reason; in the unlikely event we take such steps we will endeavour to notify you in advance.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.
The following sections will survive any termination of these Terms or of your Accounts: 6 (Our Content), 7 (Your Content), 10 (Acceptable Use Policy), 11 (Copyright, the DMCA & Takedowns), 13 (Indemnity), 15 (Limitation of Liability), 16 (Termination), 17 (Which Country’s Laws Apply to Any Dispute), and 19 (Miscellaneous), and such other terms which by their construction are intended to survive termination.
17. Which Country’s Laws Apply to Any Disputes?
Where you have an issue or dispute with us, you agree to first raise it with us and try to resolve it with us informally
Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
18. Changes to these Terms
We may make changes to these Terms from time to time. Every time you use our website or Services, please do check these Terms to ensure you understand the latest version which applies to you. Where we do make changes, we will post the amended Terms to our website and Services and update the Effective Date above, along with a summary of the changes. If the changes, in our sole discretion, are material, we may also notify you, either by sending an email to the address associated with your Account, or by placing a prominent notice on our website. By continuing to access or use our website and the Services after we have made changes to our Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
19. Miscellaneous
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.
20. How to Contact Us
You can contact us
[email protected]