Terms and Conditions
PlayJam.com provides games and social connectivity, connecting you with players around you.
www.PlayJam.com is provided by Static2358 Ltd. (registered in England & Wales under company number 3364451 with registered office at 5 Old Street, London, EC1V 9HL, United Kingdom) (hereinafter "Static2358"), in the United Kingdom. These terms of use (hereinafter "Terms of Use") govern your use of the website, the content, the software and the services offered on the website (collectively, the "Website").
Your agreement to comply with and be bound by these terms and conditions and our privacy policy (hereinafter the "Privacy Policy") is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms of Use and/or the Privacy Policy, then you should stop using the Website immediately.
1. CHANGES TO THE TERMS OF USE
We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of the Website. You are responsible for checking these terms periodically for changes. If you continue to use the Website after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. In the event that we make any changes to the Terms of Use we shall amend the "effective from" date which appears at the commencement of the Terms of Use.
2. ADDITIONAL TERMS
Certain areas of the Website, such as sites where you can download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on the Website, you agree to comply with such guidelines and rules.
3. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
You agree that we may provide to you required notices, agreements and other information concerning the Website electronically. If you no longer agree to receive notices electronically, you must cease using the Website.
4. PRIVACY POLICY
Our Privacy Policy is incorporated into these Terms of Use by this reference and explains the practices that apply to your information when you use the Website. Your ongoing use of the Website signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy link located on the Website.
4a. Registration Data & Account Security
In consideration of your use of the Website, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data");
(b) maintain the security of your password and identification at all times;
(c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and
(d) be fully responsible for all use of your account and for any actions that take place using your account.
4b. User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Website, or transmit to or share with other users (collectively the "User Content"). When posting User Content you may only do so in accordance with these Terms of Use.
You may not post, transmit, or share User Content on the Website that you did not create or that you do not have express permission to post. You understand and agree that Static2358 may, but is not obligated to, review the Website and its contents and may delete or remove (without notice) any content including User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Static2358 violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website. Static2358 accepts no liability for loss howsoever arising from the removal of User Content from the Website .
When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Static2358 an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or any other broadcasting media, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire (subject to any rights which may have been exercised or sub-licensed by Static2358 up to the time of such removal). You also acknowledge that Static2358 may retain archived copies of your User Content. Static2358 does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Without limiting the provisions set out above, you hereby grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence to broadcast the User Content which you post in any form of media now known or hereafter devised.
5. CHANGES TO THE WEBSITE
We may discontinue or change any service or feature on the Website at any time and without notice.
6. ACCESS COSTS
You must provide at your own expense the equipment and Internet connections that you will need to access and use the Website. If you access the Website through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Website through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the Website through any wireless or other communication service.
7. YOUR RESPONSIBILITIES
You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that:
1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including Static2358 and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. violates these Terms of Use, guidelines or any policy posted on the Website, or
8. interferes with the use of the Website by others.
You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use including but not limited to suspending or terminating your use of the Website.
8. NO SPAM
You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the Website, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
9. PROPRIETARY RIGHTS
All intellectual property rights in the content included on the Website (save in respect of User Content) is owned or controlled by Static2358 or our suppliers and/or our content partners including but not limited to all the intellectual property rights to the games, information, software, images, audio clips, video clips, text, graphics, logos, icons, data compilations, page layout and underlying code on the Website ("Content"). The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Website are our trademarks.
10. LICENSE TO USE THE WEBSITE
Subject to these Terms of Use, you may use the Website and the Content offered on the Website only for personal, non-commercial purposes. You may use Content offered for downloading, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Website or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
11. AGE RESTRICTIONS
Static2358 requires users to the Website in the United Kingdom to be 14 years or older unless they are accompanied by a parent or guardian who is directly supervising them.
By using the Website you confirm that you are 14 years of age or older or that if you are under 14 years of age you confirm that you are accompanied and directly supervised by a parent or guardian. If you are under 14 years of age please do not access the Website without your Parent or guardian directly supervising you. You agree that if your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) access or assist users in accessing the Website or services that you will not allow or assist, knowingly or unknowingly, children under 14 years old to access the Website or services except while directly supervised by a parent or guardian. You agree that if you do allow or assist children under 14 years old to access the Website without a parent or guardian directly supervising them, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that under no circumstances including, but not limited to, negligence neither Static2358, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site by users under 14 years of age, even if such party has been advised of the possibility of such damages.
For users in jurisdictions other than the United Kingdom Static2358 requires users to the Website to be at least 14 years old or such older limit as shall be applicable to users of such a website in the jurisdiction in which the individual resides (whichever is the older).
You are not permitted to use the Website if you do not meet the applicable age criteria set out in these Terms of Use.
12. CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If in your view any copyright or other intellectual property right ("IP right") that you may have is being infringed by/on this Website, please inform us immediately, thereby providing us with:
1. the electronic or physical signature of the owner of the IP right or the person authorized to act on the owner's behalf.
2. a description of the IP right that you claim has been infringed and a description of the infringing activity.
3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published or in case of a registered brand name, an excerpt of such register evidencing the registry.
4. If you are not the owner of the IP right, a copy of a license in which you are granted the right to use and to protect such IP right.
5. identification of the URL or other specific location on this site where the material that you claim is infringing is located; this information must be specific enough in order to enable us to localize such material.
6. your name and full contact details.
7. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
13. THIRD PARTY SITES; ADVERTISERS
The Website may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
14. USE OF SOFTWARE
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
You agree to fully comply with all import and export laws, regulations, rules and orders of the country in which you are based and of the United Kingdom or any other foreign (including but not limited to the United States) government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper governmental. You bear full responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
15. DISCLAIMER OF WARRANTIES
We provide the Website as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about the Website. Static2358 is not obligated to supply any support whatsoever. To the maximum extent permitted by law, we and our suppliers provide no warranties whether express or implied that the Website and all software, content and services distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the Website will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the Website, including any support services, will be effective, reliable, accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choosing. We accept no liability for any disruption or non-availability of the Website including those arising from external causes such as ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions or censorship. No oral or written information or advice given by a representative of Static2358 shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.
16. LIMITATION OF LIABILITY
To the maximum extent permitted by law we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. In no event shall our liability or the liability of our parent and our suppliers for any and all claims relating to the use of the Website exceed the total amount of service fees that you paid us during a one-year period for the specific service at issue.
We, our parent and affiliates, our content partners and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law.
Nothing in these terms of Use excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of Static2358.
17. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
18. INTERNATIONAL USE
We make no representation that Content on the Website is appropriate or available for use in locations outside the United Kingdom, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Website from a location outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with local laws.
19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of England and Wales govern this contract and any claim or dispute that you may have against us, without regard to Dutch conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in England and Wales and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Please note that by agreeing to these terms of use, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in England and Wales over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in England and Wales for the purpose of resolving any such disputes or claims.
20. SEVERABILITY AND INTEGRATION
This contract and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
21. TERMINATION
Your right to use the Website automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice. Any users banned in this way from using the Website must not attempt to use the Website under any other name or by using the access credentials of another user, whether with or without the permission of that user.
22. COMPETITIONS
In the event of Static2358 operating any competitions on the Website, the rules governing such competition shall be ancillary to these Terms of Use and you will be bound by such rules as a condition of you taking part in such competition. In all cases the decision of Static2358 shall be final in determining the winner of the competition. By accepting any prize and/or winnings from Static2358, you consent to the use of your name for advertising and promotional purposes without additional compensation, (except where prohibited by law).
PlayJam.com provides games and social connectivity, connecting you with players around you.
www.PlayJam.com is provided by Static2358 Ltd. (registered in England & Wales under company number 3364451 with registered office at 5 Old Street, London, EC1V 9HL, United Kingdom) (hereinafter "Static2358"), in the United Kingdom. These terms of use (hereinafter "Terms of Use") govern your use of the website, the content, the software and the services offered on the website (collectively, the "Website").
Your agreement to comply with and be bound by these terms and conditions and our privacy policy (hereinafter the "Privacy Policy") is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms of Use and/or the Privacy Policy, then you should stop using the Website immediately.
1. CHANGES TO THE TERMS OF USE
We may change these Terms of Use at any time. You can review the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of the Website. You are responsible for checking these terms periodically for changes. If you continue to use the Website after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. In the event that we make any changes to the Terms of Use we shall amend the "effective from" date which appears at the commencement of the Terms of Use.
2. ADDITIONAL TERMS
Certain areas of the Website, such as sites where you can download files, may include usage guidelines and rules that will supplement these Terms of Use. By using those services on the Website, you agree to comply with such guidelines and rules.
3. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
You agree that we may provide to you required notices, agreements and other information concerning the Website electronically. If you no longer agree to receive notices electronically, you must cease using the Website.
4. PRIVACY POLICY
Our Privacy Policy is incorporated into these Terms of Use by this reference and explains the practices that apply to your information when you use the Website. Your ongoing use of the Website signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy link located on the Website.
4a. Registration Data & Account Security
In consideration of your use of the Website, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data");
(b) maintain the security of your password and identification at all times;
(c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and
(d) be fully responsible for all use of your account and for any actions that take place using your account.
4b. User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Website, or transmit to or share with other users (collectively the "User Content"). When posting User Content you may only do so in accordance with these Terms of Use.
You may not post, transmit, or share User Content on the Website that you did not create or that you do not have express permission to post. You understand and agree that Static2358 may, but is not obligated to, review the Website and its contents and may delete or remove (without notice) any content including User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Static2358 violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website. Static2358 accepts no liability for loss howsoever arising from the removal of User Content from the Website .
When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Static2358 an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or any other broadcasting media, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire (subject to any rights which may have been exercised or sub-licensed by Static2358 up to the time of such removal). You also acknowledge that Static2358 may retain archived copies of your User Content. Static2358 does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Without limiting the provisions set out above, you hereby grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence to broadcast the User Content which you post in any form of media now known or hereafter devised.
5. CHANGES TO THE WEBSITE
We may discontinue or change any service or feature on the Website at any time and without notice.
6. ACCESS COSTS
You must provide at your own expense the equipment and Internet connections that you will need to access and use the Website. If you access the Website through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Website through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the Website through any wireless or other communication service.
7. YOUR RESPONSIBILITIES
You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that:
1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including Static2358 and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. violates these Terms of Use, guidelines or any policy posted on the Website, or
8. interferes with the use of the Website by others.
You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use including but not limited to suspending or terminating your use of the Website.
8. NO SPAM
You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the Website, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
9. PROPRIETARY RIGHTS
All intellectual property rights in the content included on the Website (save in respect of User Content) is owned or controlled by Static2358 or our suppliers and/or our content partners including but not limited to all the intellectual property rights to the games, information, software, images, audio clips, video clips, text, graphics, logos, icons, data compilations, page layout and underlying code on the Website ("Content"). The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Website are our trademarks.
10. LICENSE TO USE THE WEBSITE
Subject to these Terms of Use, you may use the Website and the Content offered on the Website only for personal, non-commercial purposes. You may use Content offered for downloading, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Website or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
11. AGE RESTRICTIONS
Static2358 requires users to the Website in the United Kingdom to be 14 years or older unless they are accompanied by a parent or guardian who is directly supervising them.
By using the Website you confirm that you are 14 years of age or older or that if you are under 14 years of age you confirm that you are accompanied and directly supervised by a parent or guardian. If you are under 14 years of age please do not access the Website without your Parent or guardian directly supervising you. You agree that if your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) access or assist users in accessing the Website or services that you will not allow or assist, knowingly or unknowingly, children under 14 years old to access the Website or services except while directly supervised by a parent or guardian. You agree that if you do allow or assist children under 14 years old to access the Website without a parent or guardian directly supervising them, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that under no circumstances including, but not limited to, negligence neither Static2358, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the site by users under 14 years of age, even if such party has been advised of the possibility of such damages.
For users in jurisdictions other than the United Kingdom Static2358 requires users to the Website to be at least 14 years old or such older limit as shall be applicable to users of such a website in the jurisdiction in which the individual resides (whichever is the older).
You are not permitted to use the Website if you do not meet the applicable age criteria set out in these Terms of Use.
12. CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If in your view any copyright or other intellectual property right ("IP right") that you may have is being infringed by/on this Website, please inform us immediately, thereby providing us with:
1. the electronic or physical signature of the owner of the IP right or the person authorized to act on the owner's behalf.
2. a description of the IP right that you claim has been infringed and a description of the infringing activity.
3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published or in case of a registered brand name, an excerpt of such register evidencing the registry.
4. If you are not the owner of the IP right, a copy of a license in which you are granted the right to use and to protect such IP right.
5. identification of the URL or other specific location on this site where the material that you claim is infringing is located; this information must be specific enough in order to enable us to localize such material.
6. your name and full contact details.
7. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
13. THIRD PARTY SITES; ADVERTISERS
The Website may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
14. USE OF SOFTWARE
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
You agree to fully comply with all import and export laws, regulations, rules and orders of the country in which you are based and of the United Kingdom or any other foreign (including but not limited to the United States) government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper governmental. You bear full responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
15. DISCLAIMER OF WARRANTIES
We provide the Website as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about the Website. Static2358 is not obligated to supply any support whatsoever. To the maximum extent permitted by law, we and our suppliers provide no warranties whether express or implied that the Website and all software, content and services distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the Website will meet your requirements, is error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the Website, including any support services, will be effective, reliable, accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Website (either directly or through third-party networks) at times or locations of your choosing. We accept no liability for any disruption or non-availability of the Website including those arising from external causes such as ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions or censorship. No oral or written information or advice given by a representative of Static2358 shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change.
16. LIMITATION OF LIABILITY
To the maximum extent permitted by law we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of this Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. In no event shall our liability or the liability of our parent and our suppliers for any and all claims relating to the use of the Website exceed the total amount of service fees that you paid us during a one-year period for the specific service at issue.
We, our parent and affiliates, our content partners and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon the Website. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability, and the liability of our parent and suppliers, shall be limited to the extent permitted by law.
Nothing in these terms of Use excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of Static2358.
17. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
18. INTERNATIONAL USE
We make no representation that Content on the Website is appropriate or available for use in locations outside the United Kingdom, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Website from a location outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with local laws.
19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of England and Wales govern this contract and any claim or dispute that you may have against us, without regard to Dutch conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in England and Wales and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Please note that by agreeing to these terms of use, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, courts in England and Wales over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in England and Wales for the purpose of resolving any such disputes or claims.
20. SEVERABILITY AND INTEGRATION
This contract and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
21. TERMINATION
Your right to use the Website automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice. Any users banned in this way from using the Website must not attempt to use the Website under any other name or by using the access credentials of another user, whether with or without the permission of that user.
22. COMPETITIONS
In the event of Static2358 operating any competitions on the Website, the rules governing such competition shall be ancillary to these Terms of Use and you will be bound by such rules as a condition of you taking part in such competition. In all cases the decision of Static2358 shall be final in determining the winner of the competition. By accepting any prize and/or winnings from Static2358, you consent to the use of your name for advertising and promotional purposes without additional compensation, (except where prohibited by law).




