TERMS OF USE

INMOST

 

 

      1. These are the terms and conditions (the “T&Cs”) that Chucklefish Limited of address 71 Queen Victoria Street, London, United Kingdom, EC4V 4BE, registered company number 07664836, (“we”, “us”, “our”, “Chucklefish”) use to govern our Inmost game as made available on mobile (iOS), Apple TV, Mac and the Apple Arcade (the “Game”). We’ve tried to keep them as short as possible to help you understand how you can use the Game. These T&Cs were last updated on 19 August 2019.
      2. If you are under the age of legal capacity in the territory in which you are resident, you must have your parent or legal guardian’s consent to use the Game and your parent or legal guardian must agree to these T&Cs on your behalf.
      3. If you don‘t want to or cannot agree to these T&Cs, then you must not use the Game, download, use or play the Game or any part of it. By using, downloading, installing, updating, using or playing the Game, or by clicking ‘accept’, ‘start’ or similar (where applicable on the login, registration or start screen as we may make available to you), you are agreeing to these T&Cs.
      4. For your use of the Game through a third party store or subscription service such as the Apple Arcade (“Store”) you may need a Store account. Your use of the Store is subject to the terms of use applicable to that Store (as may change from time to time). Apple’s policies and terms are accessible here for the Apple Arcade: https://www.apple.com/apple-arcade/.
      5. Where applicable, the Stores may allow you to get a refund in respect of or in connection with a Game, in some cases. You should contact the Store through which you made a purchase, where applicable, in the event that you desire a refund.
      6. Please be aware that these T&Cs do not govern your use of other third party games, software, themes and applications that we have not pre-loaded onto your tablet device (such as those further applications you might download or access yourself from a Store).
      7. For all technical issues, questions, comments and enquiries contact us at [email protected].

 

 

      1. As long as you follow the rest of the terms and conditions in these T&Cs, you can use the Game and use Game-related upgrades, updates and additional Game-related content which we may make available from time to time (although we are not obliged to provide upgrades, updates and additional Game-related content) (for the purposes of this Clause 2.1, together being the “Game”). We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the Game on the applicable device for your personal, non-commercial use in accordance with these T&Cs (the “Game License”). We do not grant you ownership of the Game and we do not grant you a right to use the Game for commercial purposes or to sub-license, assign or otherwise transfer the Game License to any other party.

 

 

      1. We use commercially reasonable endeavours to protect our Game and our users, and it is important that the Game is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all actions available to us with respect to any conduct that violates the terms or spirit of these T&Cs.
      2. The following sets out some of the things that you cannot do with the Game:
        1. do not share, rent, resell, or make available copies of the Game (or any ‘hacked’ versions) or otherwise use the Game commercially in any way (except as expressly permitted by law which cannot be excluded by these T&Cs);
        2. do not cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs or otherwise use our Game in a way which is not within the spirit intended by our T&Cs or in a way which may harm the experience of other users of the Game;
        3. do not engage in deceptive, fraudulent or misleading practices such as fraud;
        4. do not modify or adapt the Game or hack, attempt to hack, modify, adapt, merge, translate, create derivative works from the Game, mimic, disable the Game or tamper with it;
        5. do not make public or commercial use, by any means, of the Game or our websites, products or services without our prior written consent;
        6. do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Game;
        7. where applicable, do not share any password or security information you use to access the Game and/or the Store with any other person (where applicable);
        8. do not do anything (or attempt to do anything) which might disrupt use of the Game by us or other users, or which could threaten, harass or upset other users of the Game; and
        9. do not use or process the Game or any part of them unfairly or for any illegal or immoral purpose.
      3. Please make sure you read these T&Cs carefully and understand them. If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses. Please also be aware that, if you breach these T&Cs, we reserve our right to suspend, terminate or otherwise take under review the licenses granted hereunder.

 

 

      1. Where you purchase from a Store or platform, the Store or platform may allow you to get a refund in respect of or in connection with a Game, in some cases. You should contact the Store or platform through which you made a purchase, where applicable, in the event that you desire a refund. 

 

 

      1. Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that notwithstanding any other terms in these T&Cs:
        1. our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
        2. if the paid-for Game or paid-for virtual item is faulty when we deliver it to you, we will try to repair or replace it;
        3. if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid us to use the Game (where applicable); and
        4. if, as a result of the fault, the Game or virtual item damages your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
      2. Other than as mentioned above, our overall liability to you is limited to the price you paid to us to use the Game or, where no price was paid, £10. 
      3. The Game, along with any updates, upgrades and any additional content, is provided “as is”, to the extent permitted by applicable law.  That means we don’t make any promises to you about the Game other than that it will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about the Game.
      4. We’ll use reasonable skill and care to provide the Game, but we can’t guarantee there won’t be any errors, bugs or interruptions, or that our Game will not cause any problems with your device.
      5. If we release a version of the Game which is not yet complete, because we want to give you early access, then you’ll need to bear in mind that it may have some errors, bugs or interruptions.
      6. Please do let us know straight away if you discover any problems with the Game, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update).
      7. Any views expressed in the Game are the views of the authors and not of us and are purely fictional in nature, unless we expressly specify otherwise.

 

 

      1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy and Data Policy and/or the Privacy Policy of the Store and it is important that you read that information.

 

 

      1. All intellectual property rights in the Game, throughout the world, belong to us and our licensors, and the rights in the Game are granted to you by way of a limited license (and are not sold) to you. You have no intellectual property rights in, or to, the Game other than the right to use the Game in accordance with these T&Cs on the applicable platform / Store and device. Except as otherwise expressly provided in these T&Cs, all rights are reserved by us and our licensors.
      2. The Game and our websites, products and services may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, teams, places, venues, companies and competitions or other real-world references. Such intellectual property is the property of the respective owner and we do not represent that we have a connection or any arrangement with such owner. We may make limited use of this intellectual property or reference for, for example, the purposes of providing information and/or to identify real-world facts in an honest and fair way or as otherwise permitted in accordance with applicable law.

 

 

      1. The ways in which you can use the Game may also be controlled by the Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of these T&Cs and the Store’s terms from which you purchased (where applicable) or installed, streamed or otherwise accessed the Game, the Store’s terms shall prevail to the extent of the conflict.
      2. The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent for (which are relevant for iOS, Mac, Apple TV and Apple Arcade):
        1. You, and Chucklefish, acknowledge that these T&Cs are concluded between you and Chucklefish only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that we are solely responsible for the Game and the content therein.
        2. Subject to your compliance with all conditions of these T&Cs we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the relevant Game for your personal, non-commercial use for gameplay on the compatible iOS or other Apple product which you own or control, and as permitted by the usage terms and conditions set forth in the Apple Terms of Service (https://www.apple.com/legal/).
        3. We are solely responsible for providing support and maintenance for the Game. You and Chucklefish acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Game. 
        4. You acknowledge that Chucklefish, and not Apple, is responsible for addressing any claims you may have relating to the Game or your possession and/or use of the Game, including but not limited to:
          1. Game product liability claims; 
          2. any claim that the Game fails to confirm to any applicable legal or regulatory requirement; and 
          3. claims about the Game arising under consumer protection or similar legislation. 
        5. You acknowledge that in the event of a third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights, then Chucklefish shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
        6. You confirm that:
          1. you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and 
          2. you are not listed on any US Government list of prohibited or restricted parties.
        7. You acknowledge and agree that Apple are third party beneficiaries of these T&Cs, and that when you accept the terms and conditions of these T&Cs, Apple will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.

 

 

      1. An internet connection may be required to access the Game or some functionality relating to the Game. Where the Game is made available via a subscription service including without limitation Apple Arcade, an ongoing subscription to such service may be required for your access to and use of the Game.

 

 

      1. We may temporarily discontinue the Game and/or any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for. We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of the Game or any part of it (such as a virtual item). If we do so and you have paid us for the Game License, you may, depending upon the particular circumstances, be entitled to a refund under applicable law. No refunds are available from us where you have not paid us for your use of the Game.
      2. We may remove, restrict, cancel or suspend your access to and use of the Game and/or any part of it at any time in the event that you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so.

 

 

    1. These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited. 
    2. We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. Please check back here from time to time in case of updates to the T&Cs. 
    3. We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.
    4. Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.
    5. Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later.
    6. These T&Cs are governed by English law and you can bring proceedings in respect of the relevant Game or these T&Cs in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance, if you live in Scotland you can bring legal proceedings in respect of the relevant Game in either the Scottish or the English courts.