TERMS AND CONDITIONS OF USE

Last Updated: July 16th, 2012

Status of We R Interactive Limited

The terms of this agreement (“Terms and Conditions” or “Terms”) govern the relationship between you (the “Customer” or “you”) and WeR Interactive Limited (“WeR”,”we”,”us”), regarding your use of WeR’s games and associated services, including websites, online games available through social-networking services and applications for mobile devices (the “Service”).

WeR Interactive Limited is a company registered in England & Wales with registered No. 07189311 and registered office at 10th Floor, The Met Building, 22 Percy Street, London W1T2BU.

You can email us with any questions, queries or complaints at [email protected] or use the "Help" functionality within the Service.

General

Age Limit

Detailed Terms and Conditions of Use

  1. Service Registration

 

  1. Privacy Policy and Data Collection

 

  1. Content

 

  1. Intellectual Property Rights

 

  1. Contributing Third Party Content to the Service

 

  1. Contributing Your Own Content to the Service; License Grant to WeR and Others

 

  1. Rules of Conduct

Offensive content and disrupting behaviour – You may not:

Illegal content and activities – You may not:

Commercial activities – You may not:

Unauthorized use of the Service – You may not:

You may not create an Account or access the Service if you are a convicted sex offender.

You must also obey all relevant national and local laws, regulations and rules that apply to your activities when you use the Service. WeR reserves the right to terminate your Account and to prevent your use of the Service if your Account is used to engage in illegal activity or if you breach any of these terms and conditions, including those set out above.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity using the "Help" function in the Service.

  1. Software, Utilities and Tools

 

  1. Export Control Laws

 

  1. Fees and Purchases Terms

You may purchase, in the Service, a limited license (the “License”) to access and select from Content that we expressly make available as part of the Service. You may also obtain such a License by redeeming third party virtual currencies, such as Facebook Credits.

You understand that while you may “earn” or “buy” i) virtual currency, including but not limited to coins, or stars ; or ii) virtual in-game items (with or without virtual currency), you do not in fact “own” the virtual items. The amount of any virtual item, or any virtual currency, does not refer to a credit balance or real currency. Rather, you may purchase a limited license to use the Service and access some specific Content.

If you purchase Facebook credits from Facebook, WeR is not a part of the transaction and you have to agree to Facebook’s Payment Terms.

    1. License
      • The License can be purchased via the Service. We may also award the License in connection with promotions and as part of the Service activities, in which case please note that additional terms and conditions may apply.
      • When you purchase the License for some virtual items, or other goods or services, you agree to pay taxes that we assess on your purchase.
      • The License has no monetary value outside of the Service and does not constitute currency or property of any type.
      • The License can be used to select and access only some specific Content that we make expressly available from the Service.
      • The License cannot be sold or transferred, and cannot be exchanged for cash. The License is non-refundable. You are not entitled to a refund for any License which is unused at the time your Account is deactivated for any reason.

    2. Use and Expiration of the License
      • You have the right to redeem the License for selected Content.
      • We do not guarantee that any specific Content offered as part of the Service will be available at all times or at any given time. We do not guarantee that we will continue to offer this specific Content for any particular length of time.
      • We reserve the right to change and update our inventory of Content that may only be accessed with the License without notice to you.
      • Once you — or we as set forth below — have redeemed the License for Content, that Content is not returnable, exchangeable, or refundable for the License or for cash, or other goods or services.
      • WeR prohibits and does not recognise any transfers of the License effectuated outside the Service, or the sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorised by WeR in advance in writing. You may not trade, sell or try to sell the Content, or the License, for "real" money or exchange them for value of any kind outside of the Service. Any such transfer will be void and your Account will be terminated.

    3. Purchase Process
      • To purchase the License, (i) follow the Service instructions on the applicable website (ii) sign into your Account if required (or create an Account if required); (iii) provide your billing or other relevant payment information; and (iv) confirm the details of what you are purchasing and that you have read and accepted these terms and conditions (and any other relevant terms and conditions).
      • you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date and other payment details)
      • If you decide to purchase subscription-based services on the Service (to the extent available), you agree to pay all subscription fees you incur plus all applicable taxes.
      • Please note that additional terms and conditions may apply to subscription-based services.
      • We may provide links in the Service to third party vendors who may invite you in a promotional offer in return for the License. WeR makes no representation or warranty regarding any content, goods, or services, provided to you by any third party and will not be liable for any claim relating to any third party content. The linked sites are not under WeR’s control, or responsibility, and may collect data or personal information about you. WeR is not responsible for these services.

    4. Service Content Pricing
      • The price payable by you (the "Price") is the price indicated on the applicable webpage for the relevant paid-for Content. If you are resident in Europe, the Price includes any applicable VAT.
      • We reserve the right to change the Price and specifications shown in relation to the Service.
      • If the price or specification published on the applicable webpage for the Service is materially incorrect when you place an order for those products or services and you contact us to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.

    5. Payment
      • You may pay for the License either by credit card or by using the services of any alternate billing and payment provider (which, for example, may include PayPal and Boku) that we identify on the Service. If you pay for the License by credit card, then you must supply your credit card details when you place your order. In addition, you may obtain the License by completing various third party offers, or by submitting a PIN code that will be distributed either directly by WeR or via a third party partner.
      • We will not supply any products or services to you until your credit card issuer or alternative billing and payment provider has authorised the use of your card or other applicable method for payment. If you elect to use the services of an alternate billing and payment provider, you will be bound by that third party provider’s terms & conditions, which are available from the provider.
      • You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. Costs associated with accessing the Service depends on your Internet Service Provider. Please see your Internet Service Provider’s terms and conditions.

    6. Cooling Off Period
      • The License is available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from us, you have the right to withdraw from your purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period").
      • However, please note that you will lose your right of withdrawal if the performance of the services has begun before the end of the Cooling Off Period. Accordingly, please note that if you purchase the License from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.

    7. License Availability
      • The License may only be held by legal residents of countries where access to and use of the Service is permitted. The License may be purchased or acquired only via the Service. We reserve the right to refuse your request(s) to purchase and/or acquire the License, and we reserve the right to limit or block any request to purchase and/or acquire the License for any reason.

 

  1. Cancellation and Suspension

We can cancel or suspend your access to the entirety or some parts of the Service, or your Account, in our sole discretion and without prior notice, if (a) you fail to comply with these terms and conditions; or (b) we otherwise suspect fraud or misuse of the Service, or any other unlawful activity associated with an account membership registered to or used by you.

While, we don’t have any current plan to do so, as of July 2012, we also reserve the right to cancel your Account if left dormant for more than 18 months.

You may lose your user name and persona as a result of Account suspension, cancellation or termination (under 12 below), as well as any License, redeemed or not, benefits, privileges, and any Content relating to your use of the Service, and WeR is under no obligation to compensate you for any such losses or results.

  1. Termination of Services

You agree that we may stop support the Service, or any of its components, at any time, without any liability to you. If we stop supporting the Service, we will provide at least sixty (60) days advance notice to you by posting a notice on the home page of the Service.

  1. Language of the Terms and Services

These terms and conditions are written in English. The translation of these terms and conditions is made with the sole aim of facilitating understanding. In case of difference between the English and any translated version, the English text will prevail.

The English terms and conditions can always be found at http://customer.werinteractive.com/Client/legal/terms.php

  1. Updates to the Service

IMPORTANT: WE MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE SERVICE. THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. WE RESERVE THE RIGHT TO MAKE THESE UPDATES AND ARE NOT LIABLE TO YOU FOR THESE CHANGES.

HOWEVER, PLEASE NOTE THAT, WHILE WE ARE NOT LIABLE, WE RESERVE THE RIGHT TO OFFER A SUBSTITUTE LICENSE IN THE SERVICE IN THE EVENT THAT ANY UPDATE OR CHANGE TO THE SERVICE CAUSES YOU TO SUFFER A SETBACK IN RELATION TO ANY ASPECT OF THE SERVICE FOR WHICH YOU HAVE REDEEMED THE LICENSE.

  1. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE, CLIENT SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICE, CLIENT SOFTWARE, WeR’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WeR OR ITS LICENSORS (INCLUDING MEMBERS OF THE WeR GROUP OF COMPANIES) IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT.

YOU ACKNOWLEDGE AND AGREE THAT WeR, ITS LICENSORS (INCLUDING MEMBERS OF THE WeR GROUP OF COMPANIES) AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF THE CLIENT SOFTWARE.

IN NO CASE SHALL WeR OR ITS LICENSORS (INCLUDING MEMBERS OF THE WeR GROUP OF COMPANIES), AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, "WeR AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID FOR THE SERVICE. IN NO CASE SHALL WeR OR WeR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE CLIENT SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ACCOUNTS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, WeR’S AND WeR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. WeR DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Notwithstanding the foregoing, nothing contained in these terms and conditions limits WeR’s (or any WeR Affiliates]) liability to you for fraudulent misrepresentations, death or personal injury caused by their negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

  1. Force Majeure

WeR will not be held responsible for any delay or failure affecting the Service, or parts of the Service, resulting from causes outside WeR’s reasonable control, including, but not limited to, acts of war, terrorism, riots, embargoes, strikes, network or infrastructure failure, decisions of authorities, floods, fires, or any other natural, or man-made, disaster or accident.

  1. Links to Third-Party Sites

The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. WeR does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

  1. General Terms

o   Remedies. You agree that, other than where expressly stated, these terms and conditions are not intended to confer, and does not confer, any rights or remedies upon any person other than you the consumer.

o   Severability. If any part of these terms and conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

o   Waiver. If you breach these terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these terms and conditions.

o   Governing Law: We will use our reasonable efforts to resolve any disputes over these terms and conditions. If you wish to take court proceedings against us then these terms and conditions will be governed by and construed in accordance with the laws of England and any disputes arising in connection with these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales. These terms and conditions are available in English only.

  1. Entire Agreement

These terms and conditions (including the WeR privacy policy) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and WeR relating to your rights and obligations in the use of the Service. If there is any conflict between these terms and conditions and any other rules or instructions posted on the Service, WeR shall resolve the conflict in its sole discretion.

  1. Reservation of Rights

WeR reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any contravention of these terms and conditions. Our failure to enforce these terms and conditions in every instance in which we are to do so entitled does not amount to a waiver of WeR’s rights.

  1. Electronic Contracting

You acknowledge and agree that by clicking the "buy" (or similar) button when you place any order of the License, you are placing a legally binding offer. You consent to: (i) the use of electronic communications to enter into contracts and place orders with us; and (ii) the electronic delivery of notices, policies and records of transactions initiated or completed by you online.

You have the right to withdraw this consent, but if you do, we may cancel your access to the Service. If you do not consent to receive any notices electronically, you must stop using the Service. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.