END USER LICENSE AGREEMENT
ISSUED BY FUSEBOX GAMES LTD
Last updated 18 September 2018
This end user license agreement (“EULA”) applies to the use of games and other products developed by issued by Fusebox Games Ltd (“Fusebox”, “we” or “us”). Our registered office is at 124 Finchley Road, London NW3 5JS. We are a company registered in England, with company number 10233309.
This EULA applies and has effect in respect of all games, related online services (including online network play connectivity and interactivity) and other software and products made available by us, including our website https://www.fuseboxgames.com/ (together the "Game(s)").
This EULA constitutes the entire agreement between Fusebox and you in respect of the Games.
Reference to the Games in this EULA includes, without limitation, the following products and / or services “THE X FACTOR LIFE: THE GIRLS” (“X Factor”), “BAYWATCH THE GAME” (“Baywatch”), “LOVE ISLAND THE GAME” (“Love Island”) and “CATCHPHRASE” (“Catchphrase”) together with all the software and materials that are made available by Fusebox in order for you to download, install or use the foregoing Games; any Online Service (defined below); and any Virtual Items (defined below).
Please note that the Games rely on internet connectivity and the availability of our Online Service (as explained further below) for much of its functionality. We will use our reasonable efforts to ensure that the Games and any Online Service will be available for at least 3 months from the date upon which you last make a purchase in connection with any of the Games.
You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system requirements and memory in order to play and store the Games.
The Games comprise copyright works of Fusebox and/or its licensors. The Games are licensed, not sold. Your license confers no title or ownership in the Games. The Games are solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Games not in accordance with the terms of this EULA is expressly prohibited.
1. Limited Use License.
Fusebox hereby grants you a limited, non-transferable, revocable, non-exclusive right and license to download, install and use the Games for your personal, non-commercial use only on compatible devices that are owned by you, subject to the terms of this EULA. This EULA and your use of the Games do not give you any rights of ownership in any property whether tangible or intangible (including in any Virtual Item). Where a Game allows you to, this licence includes the right to use the Game to communicate with other users of that Game using the Online Service.
2. End User Obligations.
2.1 You may be required to register an account on the Games (an "Account"), have a valid account on the social networking service ("SNS") through which you connect to the Games, if any, or have an account with the applications provider for your mobile device.
2.2 During the Account creation process, you may be required to select a password ("Login Information"). The following rules govern the security of your Login Information:
2.2.1 You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
2.2.2 In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Fusebox and modify your Login Information;
2.2.3 You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
2.2.4 You are responsible for anything that happens through your Account.
2.3 Fusebox reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
2.4 You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. With regard to Love Island and Baywatch, you will deny access to children under the age of 17. You accept full responsibility for any unauthorized use of the Games by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal and Facebook Credits) by minors.
2.5 You may use the Games for your own personal, non-commercial use as described in this EULA but you are not entitled to and must not do any of the following except to the extent expressly permitted by this EULA:
2.5.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Games or any part or interest in it to other parties in any way except where a Game expressly permits you to do so through sharing content in that Game on social media;
2.5.2 create an Account or access the Games if you are under the age of 13 (or in the case of Love Island and Baywatch under the age of 17);
2.5.3 have more than one Account, per platform or SNS, at any given time, and you shall not create an account using a false identity or information, or on behalf of someone other than yourself;
2.5.4 create an Account or use the Games if you are a convicted sex offender;
2.5.5 have an Account or use the Games if you have previously been removed by Fusebox or previously been banned from playing any Fusebox game;
2.5.6 use the Games if you are located in a country embargoed by the United Kingdom;
2.5.7 engage in any act that Fusebox deems to be in conflict with the spirit or intent of the Games and/or the Online Service including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Games;
2.5.8 make improper use of Fusebox's support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel;
2.5.9 attempt to gain unauthorised access to the Online Service or to the computers, devices, servers, or networks connected to the Online Service by any means other than the user interface provided by Fusebox; or
2.5.10 use the Games for any illegal or immoral purposes.
3.1 All right, title, interest and ownership rights in the Games and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Games and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Games are owned by, belong to and vest in Fusebox or its licensors.
3.2 The Games may contain certain licensed materials. All trade marks are the property of their respective owners.
4.1 This EULA and the licence granted by it are effective until terminated.
4.2 You may terminate this EULA at any time and for any reason by deleting and removing the Games from your device.
4.3 Fusebox may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. Fusebox may take any action it deems reasonable in its sole discretion against users who do not comply with the terms of this EULA, which may include banning users from any of the Games. Fusebox reserves the right to determine what conduct it considers to be in violation of, or otherwise outside the intent or spirit of, this EULA and/or the Games and/or Online Service. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
4.4 Following termination, you will no longer be permitted to use any of the Games and you will be required to delete the Games from your device.
5. Warranty and Limitation of Liability.
5.1 FUSEBOX WARRANTS THAT IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT:
5.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER; AND
5.1.2 THE GAMES (INCLUDING ANY VIRTUAL ITEMS) WILL BE OF SATISFACTORY QUALITY.
5.2 EXCEPT AS SPECIFICALLY PROVIDED IN THIS EULA AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
5.2.1 THE GAMES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND (EXPRESS OR IMPLIED) OTHER THAN THOSE SET OUT IN THIS EULA;
5.2.2 FUSEBOX ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF ITS WARRANTIES IN CLAUSE 5.1 ABOVE UNLESS OTHERWISE SET OUT IN THIS EULA;
5.2.3 FUSEBOX AND ITS LICENSORS’ MAXIMUM LIABILITY WILL BE LIMITED TO £100;
5.2.4 FUSEBOX AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE GAMES AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE);
5.2.5 FUSEBOX DOES NOT GUARANTEE THAT THE OPERATION OF THE GAMES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN OR WILL BE CORRECTED, OR THAT THE GAMES OR THE ONLINE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
5.2.6 YOU INSTALL AND USE THE GAMES AT YOUR OWN RISK.
5.3 THIS EULA SHALL NOT LIMIT ANY RIGHTS YOU MIGHT HAVE AS A CONSUMER THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW NOR SHALL IT EXCLUDE OR LIMIT ANY LIABILITY FOR FRAUD, FRUADULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY FUSEBOX’S NEGLIGENCE.
6. Online Service.
6.1 Fusebox provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to the Games (“Online Service“) subject to the terms and conditions of this EULA.
6.2 Fusebox does not target the Games to users under 13 years of age. To use the Online Service, excluding in relation to Love Island and Baywatch, you must be over the age of 13 years or have your parent’s or guardian’s explicit consent to do so on these terms. By using the Online Service you therefore confirm that you are years of age and, where you are between the ages of 13 and 17, you confirm that you have your parent’s or guardian’s consent (and that your parent or guardian has read and agreed to these terms).
6.3 Fusebox does not target Love Island and Baywatch to users under the age of 17. To play Love Island or Baywatch and use the corresponding Online Service you must be at least 17 years of age. By playing Love Island or Baywatch and using the corresponding Online Service you therefore confirm that you are at least 17 years of age
6.4 You further agree that you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute Fusebox or the Games.
6.5 Where a Game allows you to share messages with other users or post/upload content (“User Content”), Fusebox shall be entitled to remove, restrict, suspend or alter that ability for any reason in its sole and absolute discretion. You agree that you will not, under any circumstances:
6.5.1 post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
6.5.2 attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Fusebox employees and Fusebox's customer service representatives;
6.5.3 make available through the Games any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Fusebox employee;
6.6 By transmitting or submitting any User Content while using the Games, you affirm, represent and warrant that such transmission or submission is:
6.6.1 accurate and not confidential;
6.6.2 not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content;
6.6.3 free of viruses, adware, spyware, worms or other malicious code; and
6.7 You own your User Content. You hereby grant Fusebox and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Games, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant us to use any User Content (except any content you submit in response to Fusebox promotions and competitions or any other content specifically solicited by Fusebox) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
6.8 You are solely responsible for your interactions with other users of the Games and any other parties with whom you interact through the Games and/or Fusebox games. Fusebox reserves the right, but has no obligation, to become involved in any way with these disputes.
6.9 You will cooperate fully with Fusebox to investigate any suspected unlawful, fraudulent or improper activity.
6.10 If you feel that the behaviour of another user breaches this EULA then please let Fusebox know by sending an email to firstname.lastname@example.org with details of the potential breach and/or the user responsible. Fusebox will take reasonable steps to deal with any breach.
7. VIRTUAL ITEMS.
7.1 As part of and to enhance your use and enjoyment of the Games you may be able to obtain additional features that form part of the experience of the Games (“Virtual Items”). Virtual Items may be either "earned" in a Game (for example, by watching an advertisement) or "purchased" from Fusebox.
7.2 Virtual Items are gameplay features of the Games, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Games only, in accordance with this EULA.
7.3 Purchases of Virtual Items are subject to this EULA and the terms of any third party app distribution platform through which your purchase is made. Purchases are made via Apple or Google and not via Fusebox. To the extent that this EULA conflicts with such agreement as exists between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the third party app distribution platform shall prevail.
7.4 To cancel a purchase of any Virtual Items you should contact the platform through which you made that purchase. If you cannot use any Virtual Item due to an error or fault, you may still be charged. If this happens, please contact Fusebox as set out below and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the platform through which you made that purchase (i.e. Google or Apple).
7.5 Virtual Items that may be purchased (either through Google or Apple) are advertised in the Game so that you may offer to purchase them for the price stated in the manner described below.
7.6 It is a condition and fundamental term of this EULA and your use of the Games that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any aspect of the Games (including any third party account you use in relation to the Games) or any Virtual Item outside of the Games or in any way other than as expressly provided above, namely that certain Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of the Games only.
7.7 Fusebox may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). Fusebox shall have no liability to you or any third party in the event that Fusebox exercises such rights.
7.8 When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
7.9 Please notify Fusebox immediately if you dispute a transaction involving Virtual Items or believe that any transaction is unauthorised.
7.10 Your statutory rights are unaffected by this EULA.
8. Consumer Rights.
8.1 These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law.
8.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
9. APPle DEVELOPER TERMS
9.1 The following terms of this clause are the terms which Fusebox is required by Apple to notify you of and obtain your consent in respect of using the iOS version of the Games (Apple iPad, iPhone and iPod etc.):
9.2 You and Fusebox acknowledge that this EULA is concluded between you and Fusebox only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that Fusebox is solely responsible for the Games and the content thereof.
9.3 Subject to your compliance with all conditions of this EULA Fusebox grants you a non-exclusive, personal, revocable, non-transferable license to use the Games on an iOS Product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support).
9.4 Fusebox is solely responsible for providing support and maintenance for the Games. You and Fusebox acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Games.
9.5 You acknowledge that Fusebox, and not Apple, is responsible for addressing any claims you may have relating to the Games or your possession and/or use of the Games, including but not limited to:
9.5.1 product liability claims;
9.5.2 any claim that the Games fail to confirm to any applicable legal or regulatory requirement; and
9.5.3 claims arising under consumer protection or similar legislation.
9.6 You acknowledge that in the event of a third party claim that the Games or your possession and use of the Games infringes that third party’s intellectual property rights, then Fusebox shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
9.7 You confirm that:
9.7.1 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
9.7.2 you are not listed on any US Government list of prohibited or restricted parties.
9.8 You acknowledge and agree that Apple are third party beneficiaries of this EULA, and that when you accept the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
9.9 Fusebox uses third party software and services provided in the Games (explained above). Use of the Games is therefore subject also to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the Games. More information about this can be found in our Privacy and Data Policy.
10.1 If and to the extent that advertising for third party products and / or services appears in or around the Games, Fusebox does not control, select, moderate or review the specific content of those adverts or the advertisers and is not responsible for them. Fusebox undertakes only to use reasonable efforts to exercise control over the general types of advertisements that are placed in the Games with a view to ensuring that the Games do not contain any inappropriate advertisements.
10.2 Please report any advert that you find offensive or inappropriate to email@example.com.
10.3 If you click on any advert you will be dealing with external companies responsible for that advert. Fusebox does not control the actions of these companies or the content of their websites. More specifically, adverts in the games may redirect you to applications, sites or services operated by third parties ("External Sites"). Fusebox does not control, select, moderate or review External Sites and gives no warranty or representation (and has no liability) in respect thereof, including without limitation in relation to the quality, content or nature of the External Sites and any transactions involving External Sites. You should contact the provider of any External Site in relation to all matters concerning them.
11. Indemnity and Remedies.
11.1 You hereby indemnify (agree to compensate), defend and hold harmless Fusebox and Fusebox’s affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this EULA or claims arising directly or indirectly from your use or misuse of the Games (which includes Virtual Items and the Online Service), and any negligent or improper use of your device, password and username; and / or any use otherwise than in accordance with the terms of this EULA. You shall fully cooperate with Fusebox in the defence of any such claim and Fusebox reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
11.2 You further agree that the subject matter of this EULA is of a unique character with special value and that Fusebox would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore you agree that Fusebox shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies (including injunctive relief) with respect to breaches of this EULA, in addition to such other remedies as Fusebox may otherwise have available to it under applicable laws.
11.3 Fusebox's licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
In the event that any provision of this EULA (including, without limitation, any restriction) shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
13. Applicable Law and jurisdiction.
13.1 This EULA and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.