TERMS OF SERVICE
Applicable from: May 24, 2018
These Terms of Service ("TOS") constitute an agreement between you and Disrapptive Ltd ("Disrapptive"), registered address 20-22 Wenlock Road, London N1 7GU, United Kingdom (company number 08041779 and VAT number GB 142 4205 53) regarding your download, access and/or use of Disrapptive's apps, games, websites and related services.
For purposes of these TOS, "Software" means all software programs distributed, published or otherwise made available by Disrapptive including, but not limited to mobile applications/games, other products and websites. Software also includes updates and on-line materials. Services means all services made available by Disrapptive. Software and Services are collectively referred to as "Disrapptive Services".
The terms of these TOS governs your use of the Software and Services. By assenting electronically, or installing or using the Disrapptive Services, you accept all the terms and conditions of these TOS on behalf of yourself and any entity or individual your represent of for whose device you acquire it.
Disrapptive reserves the right to update or alter these TOS from time to time without notice to you, your continued use of the Disrapptive Services after the terms have been updated shall confirm your acceptance of the updated terms.
The Software is licensed, not sold. Your license and use of the Software is subject to your prior acceptance of these TOS. By installing, using or accessing the Disrapptive Services, you hereby accept the terms of these TOS. If you do not accept the terms in these TOS or any future updated version of these terms, please you must not do not install, access and/or use, and must cease all access and/or use of, any of the Disrapptive Services.
Depending on your platform paid Disrapptive Services are purchased from your platform provider and such purchase will be subject to its terms of service and user agreement.
As a precondition for you using the Services, you must agree to the TOS. If you accept this TOS, you represent that you are at least 13 years old and that if you are between 13 years and 18 years old or otherwise do not have the authority to enter into agreements such as these TOS, you represent that your legal guardian has reviewed and agreed to these TOS and is happy for you to access and/or use the Disrapptive Services.
If you access the Disrapptive Services from a social networking site, you agree to comply with its terms of service as well as these TOS.
Software License: Subject to this EULA and its terms and conditions, Disrapptive hereby grants you a non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device, unless otherwise specified in on-line materials. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
Service License: Subject to this EULA and its terms and conditions, Disrapptive hereby grants you a non-exclusive, non-transferable, limited right and license to use the Services as provided by Disrapptive, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
License Term: The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier data of either your disposal of the Software and/or Services or Disrapptive's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
Ownership: Disrapptive retains all right, title and interest in and to the Disrapptive Services whether registered or not and all applications thereof. The Disrapptive Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Disrapptive Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Disrapptive. All rights not expressly granted to you herein are reserved by Disrapptive.
2.- Third Party Services and Third Party Terms and Conditions
Please note that your access to and use of the Disrapptive Services may be subject to certain third party services and/or may include links to third party services (including without limitation advertisements served by third parties). These services may include, but are not limited to gameplay recording and sharing, social media connectivity and advertisements. These third party services are subject to respective third party terms and conditions. Disrapptive does not accept any responsibility or liability for these third party service terms and conditions and their use of your personal data.
3.- General License Conditions
You agree not to: (i) use the Disrapptive Services for commercial purposes, including without limitation to advertising, or solicitation, or transmission of any commercial advertisements such as junk email, chain letter, pyramid scheme or any other form of solicitation; (ii) distribute, license, lease, sell, rent, convey, lend or otherwise transfer or assign the Disrapptive Services, any copies thereof, or any passwords or usernames of Disrapptive Services, without the express prior written consent of Disrapptive or as set forth in this EULA; (iii) make a copy of the Disrapptive Services or any part thereof, including but not limited to Software; (iv) make the Disrapptive Services publicly available or available on a network for use of download by multiple users; (v) except as otherwise specifically provided by the Disrapptive Services or this EULA, use or install the Disrapptive Services (or permit others to do same) on a network, for on-line use, or on more than one device unit at the same time; (vi) use or copy the Disrapptive Services in a location-based site; provided, that Disrapptive may offer you a separate site license agreement to make the Disrapptive Services available for commercial use; (vii) reverse engineer, hack, disassemble, decompile, translate, reconstruct, extract or transform or otherwise modify the Disrapptive Services, in while or in part; (viii) remove, obscure or modify any copyright trademark or other proprietary rights notices, marks or labels contained on or within the Disrapptive Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Disrapptive Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Disrapptive Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; (xi) scrape, build databases or otherwise create permanent copies of content returned from the Disrapptive Services; (xii) make improper use of Disrapptive's support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; (xiii) use the Disrapptive Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; (xiv) use the Disrapptive Services for fraudulent or abusive purposes including, without limitation using the Disrapptive Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Disrapptive Services; (xv) disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers or networks used to offer or support the Disrapptive Services; (xvi) attempt to gain unauthorised access to the Disrapptive Services, to the computers, servers, or networks connected to the Disrapptive Services by any means other than the user interface provided by Disrapptive; (xvii) post any information, material or other content that contains nudity, excessive violence or is unlawful, harmful, abusive, obscene, or racially, religiously, sexually, or otherwise objectionable or offensive; (xviii) attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Disrapptive employees, directors or officers; (xix) Harvest, scrape or collect any information about or regarding other people that use the Disrapptive Services, including, but not limited to any personal data or information through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware; or (xx) post anyone's private information, including personally identifiable information/personal data, identification documents, or financial information through the Disrapptive Services;
The Disrapptive Services may include measures to control access to the Disrapptive Services, prevent unauthorised copies, or otherwise attempts to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Disrapptive Services subject to a value license can be used to access online services, and download updates. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Disrapptive Services will not function properly.
The Disrapptive Services may require compatible devices, internet connection to access them, authenticate the Software, or perform other functions. By using the Disrapptive Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. You agree that meeting these requirements, which may change from time to time, is your responsibility.
You may not use the Disrapptive Services to submit or link to any content which is defamatory, abusive, hateful, threatening, libellous, spam or spam-like, likely to offend, contains, adult, nudity or objectionable content, contains personal information of others, or is racially, sexually, religiously, or otherwise objectionable or offensive, is copyright infringement, encourages unlawful activity, or otherwise violates any laws.
Disrapptive assumes no responsibility for the conduct of any other users of the Disrapptive Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Disrapptive does not, and cannot, pre-screen or monitor all content or conduct of other users. Your use of the Disrapptive Services is at your own risk.
4.- Availability of the Disrapptive Services
Disrapptive may limit, suspend or terminate the Disrapptive Services or portions thereof, and take technical and legal steps to prevent users from accessing the Disrapptive Services if Disrapptive believes that they are creating risk or possible legal liabilities, infringing intellectual properties rights, or acting inconsistently with these TOS.
Disrapptive reserves the right to stop offering and/or supporting the Disrapptive Services or a part thereof at any time, at which point your license to use the Disrapptive Services or a part thereof will be terminated. Disrapptive is not required to provide refunds in connection with such discontinued Disrapptive Services, unless mandated by applicable law.
Disrapptive does not guarantee that any of Disrapptive Services will be available at all times or at any given time, error-free or that we will continue to offer all or any of the Disrapptive Services for any particular length of time. There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
We may change, update, modify or discontinue our Services without notice to you. Notwithstanding anything to the contrary, you acknowledge and agree that any or all of our services may be terminated in whole or in part at our sole discretion without notice to you. You assume any and all risk of loss associated with the termination of Disrapptive Services.
6.- Unsolicited Content
Disrapptive or its directors, officers and employees do not accept or consider unsolicited idea or product submissions of any. By installing, accessing or using the Disrapptive Services you explicitly agree with Disrapptive's Unsolicited Content Policy located here.
7.- Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DISRAPPTIVE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. DISRAPPTIVE, DISRAPPTIVE'S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, UNINTERRUPTED USE, ACCURACY OF DATA, OF QUIET ENJOYMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. DISRAPPTIVE, DISRAPPTIVE'S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE DISRAPPTIVE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE DISRAPPTIVE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE DISRAPPTIVE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER DISRAPPTIVE SERVICES OR THAT ANY ERRORS IN THE DISRAPPTIVE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY DISRAPPTIVE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.- Limitation of Liability
IN NO EVENT WILL DISRAPPTIVE, DISRAPPTIVE'S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE DISRAPPTIVE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE UNIT FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT DISRAPPTIVE, DISRAPPTIVE'S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DISRAPPTIVE'S LICENSORS AND OTHER PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORE THESE TOS AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL DISRAPPTIVE, DISRAPPTIVE'S LICENSORS OR CHANNEL PARTNERS' LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE DISRAPPTIVE SERVICES OR FIVE POUNDS (£ 5), WHICHEVER LESS.
9.- Waiver and Indemnity
You agree, to the extent permitted by law, to indemnify, defend and hold Disrapptive, its directors, officers, employees, contractors, agents, and licensors harmless from and against any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Disrapptive Services , or any breach by you of these TOS.
These TOS is effective until terminated by you or Disrapptive. Your rights under these TOS will terminate automatically without notice if you fail to comply with its terms and conditions. In such event, you shall cease all use of the Software and destroy all copies of the Software.
If you believe the Disrapptive Services or any of its content infringes your copyrights, please send a notice to: Disrapptive Ltd, Legal, 20-22 Wenlock Road, London N1 7GU, United Kingdom or alternatively via email to firstname.lastname@example.org.
Please include all of the following in your DMCA notice:
(i) Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.
(ii) Identify the material that you claim is infringing, including a description of where it is located. Your description must be reasonably sufficient to enable Disrapptive to locate the material.
(iii) Provide your full legal name, mailing address, telephone number, and email address. Please include the following statement in the body of the DMCA notice: "I have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorised to act on the copyright owner's behalf."
(iv) Provide a physical or electronic signature of the person authorised to act on behalf of the owner of the work or material that has allegedly been infringed.
12.- Law and Jurisdiction
Most concerns can be solved quickly by contacting us at email@example.com.
These TOS shall be governed by and construed in accordance with the laws of England without regard to conflict of laws rules and principles and without regard to the United Nations Convention for the International Sale of Goods. You agree that any dispute, controversy or claim arising out of these TOS must be resolved exclusively by a court located in London, United Kingdom.
You agree that you may bring claims against Disrapptive only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Disrapptive may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any right or obligations under these TOS or the Privacy Notice without Disrapptive's prior written consent, and any unauthorized assignment and delegation by you is void.
If any provision of these TOS is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect.
Any failure by Disrapptive to enforce any of its rights under these TOS does not waive its right to enforce such right.
If you have any questions or comments about these TOS please contact Disrapptive at firstname.lastname@example.org
You can access the latest version of the End User License Agreement here.