Here are our terms and conditions:
Freeform Games LLP
Terms and Conditions (8th February 2016)
Freeform Games LLP (referred to as "we", "our" and "us" in these terms) suggest that the customer (referred to as "you" and "your" in these terms) should spend some time in reading through these terms of trading. This is because these conditions shall apply to any contract between the parties. We want you to feel confident in accepting the Games we offer. If you have any questions or queries relating to any of these terms, please feel free to contact us before you enter into the contract.
1. Formation of contract
1.1 We sell you a licence to use our murder mystery games ("the Games" or "the Game"). The Games are provided in the form of electronic files. When we have received your order and payment, we will send a password to you by email. This password will allow you to download the Games you ordered. When you take up this offer, the terms outlined in this document will govern our relationship with you.
1.2 We accept orders at our discretion. If we accept an order from you, the contract will be formed on these conditions, as outlined in clause 1.1 above, in the following way: Before you have completed the on-line order form, you will be invited to confirm that you have read and accept our offer by agreeing to these terms of trading. If you do not accept these terms of trading, we will not agree to enter a contract with you.
2. Payment terms
2.1 The price of the licence to use the Games you order is to be paid for in advance.
3.1 The current prices of the licences for the various Games are set out on our web site. All prices may be subject to local tax at the rate currently in force at the time of this contract and all monies due under this contract are to be paid in one of the currencies proffered by us.
4. Intellectual property rights and licence to use the Games
4.1 When we have received your payment, we will grant you a licence to use, for unlimited uses, a single Game, or Games if you have paid for more than one Game. This licence is personal to you and permits you to use the Games PROVIDED THAT you do not charge any consideration to any person to participate in the Games or to act as a spectator when the Games are being played. Should you wish to run a game commercially you must purchase a commercial version of the game.
4.2 If you wish to use the Games to raise money for charity, you may do so PROVIDED THAT you clearly state on the advertising copy prior to the playing of the Games and during the Games our company name, web site address and the fact that the Games belong to us.
4.3 We assert our moral rights in respect of all copyright material produced by us and also the moral rights of any supplier to us of any such copyright material. You confirm that you will not alter, reuse or otherwise exploit or jeopardize the artistic integrity of the material contained in any of the Games.
4.4 To protect the ownership of our intellectual property rights, we have inserted a watermark throughout each page of the Games.
4.5 When you buy the Game you may have to download the Game from a restricted part of the web. Your ability to obtain access to the restricted part of the web will be limited to 12 months from the date of purchase.
5. Your responsibilities
5.1 You undertake to observe the terms of any licence in relation to any Games provided by us and to indemnify us against all costs, claims and liabilities arising from any breach of this clause.
5.2 You agree not to charge consideration to people who participate in playing the Games or for spectators to watch the Games unless you buy a commercial version of the game.
5.3 We sell Games. The Games we sell are meant to be for entertainment and are not to be taken seriously. IN PARTICULAR, the Games sometimes provide for the pretend violent death of various characters by such means as the use of poison, stabbing with the use of a dagger and other such brutal methods of terminating life prematurely. We do not suggest or condone the use of real implements when the Games are played. You agree, therefore, that should you purchase our Games, that you will take sole responsibility for the proper conduct of the Games. Further, if you or any player decide not to use the paper equivalent of the method of death that we provide in the electronic file that contained the Games, you will accept sole responsibility for any consequences that may follow.
6.1 We reserve the right to modify, suspend or discontinue any or all of our services at our sole discretion and without notice. We also reserve the right to give advanced notice of any changes to these terms and conditions at any time, whether by notice on our web site or by contacting you directly.
7. Unforeseen circumstances
7.1 There may be times where events beyond our control prevent you from downloading the electronic file of the Games. If this occurs, we ask you to inform us and we undertake to inform you when such problems have been rectified. If we send you a printed copy of the game by normal post within 14 days of notification by you that you cannot download the electronic file, then this should be seen as fulfilment of the order.
8. Limitation of liability
8.1 If we breach the terms of the contract, or you seek compensation and damages for any claim or claims arising out of any contract between the parties for whatever reason, your remedy will be limited to damages. Our liability to you will not exceed the amount you paid us for the Games.
9. Exclusion of liability
9.1 With the exception of clause 8, we shall not be liable to you, except in respect of injury or death of any person (for which no limit applies) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever for,
9.1 any delay in supplying or for failing to supply any Games, or
9.2 any loss of profit, business, contracts or revenues, or
9.3 failure to achieve anticipated savings in costs or expenses, or
9.4 failure to achieve increased profit, business, contracts, revenues or market penetration, or
9.5 any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of the Games we sell, or of any error or defect caused by us, UNLESS you inform us in writing before you enter a contract with us, of any particular circumstances covered in sub clauses 9.1, 9.2, 9.3, 9.4 and 9.5 above.
10. Reasonableness of the limitation and exclusion clauses
10.1 If you enter a contract with us, you agree that the limitation of liability clause, clause 8 and the exclusion of liability clause, clause 9, are reasonable, and that the price agreed reflects the position on liability.
11. Rights of third parties
11.1 In accordance with s 1(2)(a) of the Contract (Rights of Third Parties) Act 1999, the parties intend that no term of this contract may be enforced by a third party.
12.1 The parties agree that in the event of one or more clauses or sub-clause of this contract being subsequently declared invalid or unenforceable by a court or other authority with jurisdiction, the invalidity or unenforceability of any clause or sub-clause shall not in any way affect the validity or enforceability of any other clause or sub-clause except those which compromise an integral part of it or are otherwise clearly inseparable.
13. Complaints: Online dispute resolution
If you are unable to settle a dispute with us, you may also seek recourse through the EU’s online dispute resolution platform. You can visit the platform at http://ec.europa.eu/consumers/odr. Please use <firstname.lastname@example.org> as our contact address in the platform.
14. Applicable law
14.1 The contract between the parties is to be governed by and construed according to English law and the parties agree to submit any disputes to the exclusive jurisdiction of the English courts.
All our murder mystery games come with a Cast-Iron, no-quibble guarantee. If you're not completely satisfied then please let us know within 30 days and we will refund you.
Great! You actually came to this page. Our lawyers made us include it and made us include a precious link on our home page to get you here. At first, we thought the lawyers were a real pain. But then we read the page. It's really important stuff. We took the legalese the lawyers wrote and translated it into readable English. So be smart and read the stuff on this page. It could prevent you from hearing from our lawyers, or worse yet, from really nasty people, like prosecutors.
Here's the deal:
We run this site so that people like you (and people you like) can use it for personal entertainment, information, education, communication, and gratification. So go ahead and browse around all you like. You can even download stuff from the site but only for non-commercial, personal use. If you do, though, don't fool around with the copyright and other notices all over the stuff. They're there for a really good reason. And don't even think about distributing, modifying, transmitting, reusing, re-posting, or anything else with any of the stuff, including the text, images, audio, and video, for public or commercial purposes unless we give you written permission. And it's not likely we will.
If you visit our site, you're also legally obligated to [read: stuck with] the terms and conditions listed below and any other law or regulation that applies to the site, the Internet, the World Wide Web, or England and Wales. You shouldn't access or browse the site if you have any problem with that, because once you start, there's no turning back -- you are bound by [read: stuck with] the terms and conditions.
So here's our Top Ten Rules for visitors to the Freeform Games LLP site:
1. For everyone's sake, just assume that everything on the site is copyrighted unless we say it's not. So you can't use the stuff except how we say you can on this page or anywhere else on the site without our written permission. And like we said before, it's not likely we'll give you permission anyway. In fact, even if we wanted to, the lawyers are likely to veto any deal anyway. So it's better you don't even ask.
2. While we try to include accurate stuff on the site, we're not promising you it's accurate. In fact, we're not promising you anything except fun and entertainment. So if you use stuff on the site, you're using it at your own risk. Don't call us if there's a problem because we assume no liability or responsibility for errors or omissions on the site.
3. We and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer when you use it. In particular, the lawyers want you to know that our disclaimer includes "direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties." Ugh! What a mouthful. We put all of that in quotes because we couldn't figure out any other way to say it that the lawyers would accept. But here's the bottom line -- we're not responsible if you're browsing around and the site damages you or your computer or infects it with any nasty viruses. We sure hope that doesn't happen, but if it does, don't call us.
Under no circumstances, including, but not limited to, negligence, shall we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Or in other words, you are responsible for how you use the material here.
4. If you don't want the world to know something, don't post in on the site in any bulletin board or anyplace else. That's because anything you disclose to us is ours. That's right -- ours. So we can do anything we want with the stuff you post. We can reproduce it, disclose it, transmit it, publish it, broadcast it, and post it someplace else. Not only that, we can even use any ideas, concepts, know-how, or techniques you post any way we want to, including, developing, manufacturing and marketing products or other stuff using the information you post.
5. Pictures of people or places shown on the site are either our property or someone else's property we're using with their permission. No matter what, it's definitely not your property. You or any of your friends can't use it unless we said you could on this page or somewhere else on the site. And guess what -- we won't say yes. So be careful, because unauthorized use may violate all sorts of nasty laws. Be smart, keep the stuff you download to yourself.
6. There's also a lot of trademarks, logos, and service marks on the site that either we own or we're using with someone else's permission. So don't think you have any kind of licence or right to use them, because you don't and we're not about to give you one. If you don't leave them alone and mess with our trademarks, logos and service marks on our site, we'll probably go ballistic, so will the companies that own the other trademarks, logos and service marks. That means that we're likely to sue you or to ask a prosecutor to come after you for messing around with our property or the property of others.
7. You'll probably notice we've linked our site to lots of others. While that's great, it doesn't mean we've looked at all those sites, much less checked them out periodically to see what's going on. So don't blame us if some site you link to is bad or has stuff on it that offends you or your pets. Go ahead and link, but remember, you're doing it at your risk.
8. That brings us to what you do on our own site. While we occasionally listen in on chat groups, or look at the posting in our discussion groups or on our bulletin boards, we take no responsibility and assume no liability for the content of those locations or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter when you visit such places on our site. And don't be stupid by posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material that law enforcement types may consider a criminal offence, get someone in court on a civil lawsuit, or for that matter violate any law -- anywhere, anytime. While we certainly respect your privacy, we have no choice but to fully cooperate with any law enforcement authorities or court which might ask us who might have posted nasty stuff on our site.
9. We're also allowed to change this page and anything else on the site any time we want to. That's because it's ours and we have the programmers who can do it. If we do change the page, then you're bound by [read: stuck with] those changes, too, whenever you visit our site.
10. If either of us wants to make something of it and wants to "sue" (a dirty word) then we have to follow these rules of engagement:
12 August 2003
Freeform Games LLP
If you have any questions about any of this, you can contact us via this form.