SUBSCRIBE TO GO FISH!

Subscribe to Go Fish! for all of the following benefits:

* Exclusive pirate skin for your in-game fisherman

* The Golden Hook product, which doubles revenue while playing

* The Remove Ads product, which removes non-optional adverts from the game

SUBSCRIPTIONS INFORMATION:

Go Fish! VIP Membership access offers a weekly subscription, you have a 3 day FREE trial period, after which you will be charged weekly. After buying this subscription, you will unlock an exclusive pirate skin for your fisherman, the revenue doubling Golden Hook and remove non-optional ads. This is an auto-renewable subscription. The payment is charged to your account after confirmation. The subscription is renewed unless you unsubscribe 24 hours before the period ends. Your account will also be charged for renewal

The prices notes are for United States customers. Pricing in other countries may change and actual charges may be converted to local currency.

End of trial and subscription renewal:

- The payment is charged to your iTunes account after a confirmation of purchase

- The subscription is renewed unless you unsubscribe 24 hours before the end of the current period

- The account will be charged for renewal 24 hours before the end of the current period at the standard cost of the weekly subscription

- The user may manage the subscription and auto-renewal by accessing the user's account settings after purchase in the store

- No cancellation of the current subscription is permitted during the active subscription period

- Any unused portion of the free trial period will be forfeited when the subscription is purchased

Cancelling a trial or subscription:

- In order to cancel a subscription during the free trial period you need to cancel it through your account in the Store. This must be done at least 24 hours before the end of the free trial period to avoid being charged.

GO FISH!

Terms of Service and End User License Agreement

Last Updated: September 2018

This End User License Agreement (the “Agreement”) is between you (“you or “your”) and Kwalee Ltd. (“Kwalee”, “we” or “us”) and governs your use of the Kwalee applicationo” Go Fish! (or such other title that we may use from time to time) and any related services (the “Game”). By installing, accessing or using the Game on any device you agree to be bound by this Agreement (the earliest of such dates is the “Effective Date”).

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE GAME. ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION.  PLEASE READ THE ARBITRATION PROVISION IN THIS AGREEMENT AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

THIS AGREEMENT APPLIES AND SHALL HAVE EFFECT IN RESPECT OF ALL USE OF GO FISH!. THIS AGREEMENT IS IN ADDITION TO ANY APPLICABLE TERMS AND CONDITIONS OF APPLE INC. (“APPLE TERMS”) OR GOOGLE LLC (“GOOGLE TERM). THE APPLE TERMS OR GOOGLE TERMS ARE THEREFORE DEEMED INCORPORATED INTO THIS AGREEMENT AS APPLICABLE.  

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING, DOWNLOADING, PURCHASING OR INSTALLING GO FISH! (WHICH INCLUDES ANY VIRTUAL ITEMS AND THE RELATED ONLINE SERVICE). IF YOU DO NOT AGREE WITH THIS AGREEMENT YOU MAY NOT USE, DOWNLOAD OR INSTALL GO FISH!.

PLEASE NOTE THAT GO FISH! REQUIRES INTERNET CONNECTIVITY AND THE AVAILABILITY OF OUR ONLINE SERVICE FOR MUCH OF ITS FUNCTIONALITY.

YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE AN INTERNET CONNECTION AND THAT THE DEVICE YOU USE HAS SUFFICIENT HARDWARE AND SOFTWARE REQUIREMENTS AND MEMORY IN ORDER TO PLAY AND STORE GO FISH!,.

GO FISH! COMPRISES COPYRIGHT WORKS OF KWALEE AND/OR ITS LICENSORS. GO FISH! IS LICENSED, NOT SOLD.  YOUR LICENSE CONFERS NO TITLE OR OWNERSHIP IN GO FISH!.  GO FISH! IS SOLEY FOR USE BY END USERS ACCORDING TO THIS AGREEMENT. ANY USE, REPRODUCTION OR REDISTRIBUTION OF GO FISH! NOT IN ACCORDANCE WITH THIS AGREEMENT IS EXPRESSLY PROHIBITED.

 YOU REPRESENT, WARRANT AND AGREE THAT YOU ARE AT LEAST 13 YEARS OLD AND THAT IF YOU ARE BETWEEN 13 YEARS AND 18 YEARS OLD, YOUR LEGAL GUARDIAN HAS REVIEWED THIS AGREEMENT AND AGREES TO ITS TERMS. IF THIS NOT TRUE, PLEASE DO NOT DOWNLOAD, ACCESS AND/OR USE THE GAME.

We may amend this Agreement. Any such amendment will operate prospectively only.  We will give you notice of any amendments to this Agreement within the Game or by other means and provide you with the opportunity to review them. Your tapping or clicking “I AGREE” in the Game when asked to confirm acceptance of an amendment or continued use of the Game after receiving such notice will indicate your acceptance of the amended terms, which will take effect immediately upon such acceptance.  If you do not agree to any change to this Agreement, you must discontinue using the Game.

3.        Privacy and Consent to Use of Data.  Kwalee may collect, use, store disclose,         process, and otherwise handle your personal information as set forth in its                 Privacy Policy (www.kwalee.com/privacy_policy), which is made a part of this         Agreement. We encourage you to read the Privacy Policy, and to use it to help         you make informed decisions.

4.         Responsibility for Content.  You are solely responsible for your conduct and any         data, text, files, information, usernames, images, graphics, photos, profiles,                 audio and video clips, sounds, musical works, sound recordings, works of                 authorship, applications, links and other content or materials (collectively,                 “Materials”) that you submit, share, post, use, provide, transmit, or display on         or via the Game (“Content”)].

5.         General Terms

5.1         You may not submit, share, post, use,  provide, transmit, or display violent,         nude, discriminatory, illegal, infringing, hateful, pornographic or sexually                 suggestive photos or other Content via the Game.

5.2         You are responsible for any activity that occurs through your account and you         agree that you will not sell, transfer, license or assign your account, followers,         username, or any other account rights. Further, you may not create through         unauthorized means, including but not limited to, by using an automated device,         script, bot, spider, crawler or scraper.

5.3        You agree that you are responsible for keeping any passwords or other                 authentication means safe and secure.

5.4         You agree that you are responsible for all data charges you incur through the         use of the Game.

5.5        You understand and agree that Kwalee is not responsible for the Materials                 posted or otherwise provided on or through the Game and that you use the                 Game and all Materials at your own risk.

5.6        You are solely responsible for your interaction with other users of the Game,                 whether online or offline. You agree that neither Kwalee nor any third party is         responsible or liable for the conduct of any user. Kwalee reserves the right, but         has no obligation, to monitor or become involved in disputes between you and         other users.  

5.7         Kwalee reserves the right to change, suspend, remove or disable access to the         Game and any Content and Materials for any reason, including but not limited to         complaints or allegations of infringement or other unlawful conduct, without                 liability to you, and at any time without notice.

5.8        There may be links from the Game, or from communications you receive from         Kwalee, to third-party web sites or features, including but not limited to third         party web sites such as Facebook. There may also be links to third-party web         sites or features in images or comments within the Game. The Game may also         include third-party Materials that we do not control, maintain or endorse.                 Functionality on the Game may also permit interactions between the Game and         a third-party web site or feature, including applications that connect the Game         or your profile on the Game with a third-party web site or feature. For example,         the Game may include a feature that enables you to share Content from the                 Game or your Content with a third party, which may be publicly posted on that         third party's service or application. Using this functionality typically requires you         to login to your account on the third-party service and you do so at your own         risk. Kwalee does not control any of these third-party web services or any of         their content. You expressly acknowledge and agree that Kwalee is in no way         responsible or liable for any such third-party services or features. Your                 correspondence and dealings with third parties found through the Game are                 solely between you and the third party. You may choose, at your sole and                 absolute discretion and risk, to use applications that connect the Game or your         profile on the Game with a third-party service (each, an “Application”) and such         Application may interact with, connect to or gather and/or pull information from         and to your Game profile. t

5.8.1         We may link to, incorporate or use third party software and services         such as social networking or sharing features within the Games. Use of         any such software or services is subject to the terms of those third                 parties, and you agree to comply with any such third party terms and         conditions when using the Game.

5.8.2         We may allow other third parties to place adverts within our                         Games. We         do not control the specific content of those adverts.         We do, however, have control over the general types of adverts that are         place in the Games to ensure the Games do not contain inappropriate         advertisements. If you have any concerns regarding a specific advert         please contact info@kwalee.com.

6.         License

6.1.        Kwalee grants to you a limited, non-exclusive, non-transferrable, revocable                 license to perform, display, and use the Game for your personal,                         non-commercial purposes, subject to the terms of this Agreement. The terms of         this Agreement will govern any update or upgrade provided by Kwalee that                 replaces and/or supplements the original product (all of which together are                 included in the “Game”), unless such update or upgrade is accompanied by a         separate license in which case the terms of that license will govern. You may use         any Materials provided to you as part of the Game solely in connection with your         playing the game through the Game in accordance with any rules made                 available by Kwalee from time to time.

6.2.        This license does not allow you to use the Game on any device that you do not         own or control, and except as otherwise provided in this Agreement, you may         not distribute or make the Game available over a network where it could be                  by multiple devices at the same time. You may not rent, lease, lend, sell,                 transfer redistribute, or sublicense the Game and, if you sell a device on which         the Game has been installed to a third party, you must remove the Game from         the device before doing so. You agree not to copy (except as expressly                 permitted by this Agreement), decompile, disassemble, attempt to derive the         source code of, or otherwise reverse engineer or attempt to reverse engineer,         modify, or create derivative works of the Game, or any part thereof (except as         and only to the extent that any foregoing restriction is prohibited by applicable         law or to the extent as may be permitted by the licensing terms governing use         of any open-sourced components included with the Game).

7.        Your Content: You hereby grant to Kwalee a transferrable, sublicensable, royalty         free perpetual right and license to use, copy, reproduce, distribute, display,                 perform including perform in public, communicate to the public including making         available to the public, transmit, broadcast, publish, adapt, modify and create        new or derivative works of or using the Content, and to do all of the foregoing         with such adapted, modified, or derivative works, and to authorize others                 including other users of the Game, to do the foregoing (the “License”). The                 License shall be exclusive as it relates to online and mobile application games         and puzzles. You represent, warrant, and covenant and can demonstrate to                 Kwalee’s full satisfaction upon request that you (a) own or otherwise have the         right to grant the License or that the Content is in the public domain worldwide,         (b) any Content you submit, share, post, use, provide, transmit, or display on or         through the Game does not violate, misappropriate or infringe the rights of any         third party, including, without limitation, privacy rights, publicity rights,                 copyrights, trademarks, rights in trade secrets or confidential information and/or         other         intellectual property rights (“Intellectual Property Rights”), (c)                 agree to pay for all royalties, fees, remuneration, and any other monies due or         payable arising from any use of the Content or the exercise of the License by         Kwalee or third parties on or through the Game, (d) have the permission to use         the name and likeness of each identifiable individual person in such Content and         to use such individual’s identifying or personal information as contemplated by         this         Agreement, and (e) have the legal right and capacity to grant the License         to Kwalee.

8.        Waiver of Moral Rights:  You agree to waive any moral rights worldwide you may         have in the Content for the purposes of the Game.

9.        Intellectual Property Rights:  You do not acquire hereby any Intellectual Property         Right in or relating to the Game or any Materials you access or use through the         Game. The Game contains Materials owned or licensed by Kwalee. As between         you and Kwalee, Kwalee owns and retains all rights in the Materials and the                 Game. You will not remove, alter or conceal any copyright, trademark, service         mark or any proprietary rights notices incorporated in or accompanying                 Materials or the Game and agree not to not use, copy, distribute, display,                 perform including perform in public, transmit, communicate to the public                 including making available to the public, broadcast publish, modify or create                 derivative works of the Materials, except in connection with playing the game         through the Game. Any rights not expressly granted herein are expressly                 reserved.

10.        Payments and Fees.  

10.1.        The Game may include functionality that enables you to receive additional services, or     licenses to additional functionality or content for use within the Game (“In App Purchases”). In App Purchases that are consumed during the use of the Game cannot be transferred among devices; can be downloaded only once; and after being downloaded, cannot be replaced. Once a consumable In App Purchase is acquired and received by you, Kwalee shall be without liability to you in the event of any loss, destruction, or damage. All In-App Purchases are deemed to be part of the Game and subject to the terms of this Agreement. You must acquire and pay for the In App Purchases at the Apple App Store. The Apple App Store Terms of Service shall apply to such purchases. To the extent that this Agreement conflicts with such agreement between you and the relevant third party in respect of any purchase of In App Purchases, the terms of your agreement with the third party app distribution platform shall prevail.

10.2.        In App Purchases include (without limitation):

10.2.1        Coins, which can be purchased as described in the payment section of the Game; and

10.2.2        Any other additional features contained in the Games such as Numerical for TENS!.

10.3.        In App Purchases 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 AGREEMENT.

10.4.        If you are an EU based consumer then you are entitled to cancel purchases of In App Purchases you make through a Game within 14 days, and to receive a full refund.  However, you agree that if we begin to supply you with In App Purchases before the end of that period, then you will no longer be entitled to change your mind about the purchase. To cancel a purchase in accordance with clause you can either request a refund through the platform on which you made that purchase, or contact us using the model cancellation form below:

To:        Kwalee Ltd, Juno Drive, Leamington Spa, Warwickshire, CV31 3RG

I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], ordered on [INSERT DATE].

From:         [YOUR NAME]

                [YOUR ADDRESS]

                [YOUR EMAIL / TELEPHONE (optional)]

Date: [DATE]

10.5.        It is a condition and fundamental term of this Agreement 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 In App Purchases (including Coins) outside of the Games or in any way other than as expressly provided above, namely that certain In App Purchases may only be exchanged for certain other designated In App Purchases in and as part of the Games only.

10.6.        Kwalee may manage, vary, regulate, control, modify or eliminate In App Purchases in its sole discretion, with or without notice (including not supplying In App Purchases if it is reasonable to do so). Kwalee shall have no liability to you or any third party in the event that Kwalee exercises such rights.

10.7.        When you submit, or anyone using your device submits, a request to purchase In App Purchases you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the In App Purchases available to you, prior to which your order may be declined for any reason.

10.8.        Please notify Kwalee immediately if you dispute a transaction involving In App Purchases or believe that any transaction is unauthorised.

10.9.        Your statutory rights are unaffected by this Agreement.

11.        CONSUMER RIGHTS. This Agreement shall not limit any rights you might have as a consumer that may not be excluded under applicable law. 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.

12.        Termination. This Agreement is effective upon the Effective Date until terminated by you or Kwalee. Your rights under this Agreement will terminate automatically without notice from Kwalee if you fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, you will cease all use of the Game and destroy all copies, full or partial, of the Game. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination including. Sections  3-27 which shall survive in perpetuity.

13.        Warranty.  You expressly acknowledge and agree that use of the Game is at your sole risk and that the entire risk to satisfactory quality and performance is with you. The Game is provided on an “as is” basis. Kwalee disclaims all warranties and conditions, whether express or implied, statutory, arising by custom or usage of trade, or otherwise to fullest extent permitted by law.

14.        Maintenance and Support.  You acknowledge that Kwalee has no obligation to furnish any maintenance and support, except where required by law.

15.        Apple App Store-Specific Terms.  The following terms apply if you download the Game from the Apple App Store.

15.1        Scope of License. You may only use the Game on an iPhone, iPod Touch, iPad, or other compatible Apple device that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

15.2        Usage Rules.  Nothing in this Agreement provides for usage rules for the Game that is less restrictive than the Usage Rules set forth for Licensed Applications in the Apple App Store Terms of Service as of the date of this Agreement. In the event of any conflict with the Usage Rules or such terms, those terms shall be deemed to be included herein and to prevail.

15.3        Third Party Beneficiary. This Agreement is between you and Kwalee only, and not Apple, Inc. (“Apple”). Kwalee, not Apple, is solely responsible for the Game and its content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary.  You and Kwalee agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as a third party beneficiary.

15.4        Apple’s Limitations. To the extent any warranty or condition exists under law that cannot be disclaimed, Kwalee, not Apple, will be solely responsible for such warranty.  In the event of any failure of the Game to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Game to you.  To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the Game.

15.5        Maintenance and Support.  To the extent that any maintenance or support is required by applicable law, Kwalee, not Apple, shall be obligated to furnish any such maintenance or support.

15.6        Product Claims.  Kwalee, not Apple, is responsible for addressing any claims by you relating to the Game or use of it, including, but not limited to: (i) any product liability claim;(ii) any claim that the Game fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

15.7        Intellectual Property Claims. In the event of any third party claim that the Game or your possession and use of the Game infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

16.        Google Play Store-Specific Terms. The following terms apply if you download the Game from the Google Play Store.

16.1        Scope of License. You may only use the Game: (i) on a Device (as such term is defined in the Google Play Store Terms of Service) that you own or control and that is capable of accessing the Google Play Store; and (ii) as permitted by the Google Play Store Terms of Service.

16.2        Family Groups. If you create or join a family group on the Google Play service, you may share access to and use of the Game with other members of your family group, provided that this Agreement will govern all such use of the Game.  You agree that you will be fully responsible under this Agreement for all acts or omissions of members of your family group relating to or involving the Game, as if you had committed them yourself.

17.        Governing Law, Dispute Resolution and Class Action Waiver.  Subject always to applicable mandatory consumer protections including those of your country: in the event of any dispute between you and us regarding this Agreement and/or your use of the Game, the laws of England and Wales will apply; and  you agree that in the event that we are unable to settle any dispute with you informally, then any court or arbitration proceedings shall be held in England.

 Kwalee has the right to institute legal or equitable proceedings, including proceedings seeking injunctive relief, in a court of law for claims or disputes regarding: (i) amounts owed by you to Kwalee in connection with your acquisition of the Game or any portion thereof, or (ii) your violation or threatened violation of the Sections of this Agreement. You irrevocably waive any objection on the grounds of venue, forum non-convenient or any similar grounds and irrevocably consent to service of process by mail or in any other manner permitted by applicable law and irrevocably consent and attorn to the jurisdiction of the courts located in England and Wales, for any claims arising from or related to this Agreement. The Parties specifically agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial.  The Parties hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement.

18.        Limitations of Liability. (a) THE GAME (INCLUDING ANY VIRTUAL ITEMS) IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN THAT IT WILL BE OF SATISFACTORY QUALITY, AS DESCRIBED, AND FIT FOR PURPOSE.

18.1        WE DO NOT GUARANTEE THAT THE GAME WILL BE (I) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (II) THAT THE GAME OR ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE GAME OR IN THE ACCOMPANYING DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE GAME WILL BE CORRECTED; OR (IV) THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED.

18.2        WE SHALL HAVE NO LIABILITY IN RESPECT OF THE CONTENT, TRANSMISSION, RECEIPT, HOSTING, PROCESSING OR OTHER USE OF ANY CONTRIBUTION.

18.3        YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.

18.4        NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.

18.5        TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILTY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY THE GAME 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).

18.6        OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT, WHERE PERMISSABLE BY LAW, SHALL BE LIMITED TO THE £25 EVEN IF THE CLAIM IS A CONTINUING ONE.

18.7        NOTHING IN THIS AGREEMENT SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS

19.        .Indemnification.  You shall indemnify, and hold harmless Kwalee, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable lawyers’ fees (i) for all third party claims or demands that arise from or relate to your use of the Game, any Materials or Content, and (ii) from any breach of any term, representation, warranty or covenant herein.

20.        U.S. Legal Compliance.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

21.        Territorial Restrictions.  You agree that the Game will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you. The information provided within the Game is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Kwalee to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Game or any portion of the Game, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Kwalee provides.

22.        Severability. If any term(s) of this Agreement is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of Kwalee and the remaining terms of the Agreement will remain valid and enforceable.

23.        No waiver: Kwalee’s failure to exercise or enforce its rights under this Agreement does not waive our right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by us.  

24.        Assignment. This Agreement may be assigned by Kwalee to an affiliate or in connection with a sale of all or part of the business or undertaking or of Kwalee. This Agreement is personal to you.  You may not assign, sub-license, transfer or dispose of your rights or obligations under this agreement

25.        Contact Information.  Should you have any questions, complaints, or claims relating to the Kwalee Game, please contact us at support@kwalee.com. You can find this Agreement by visiting www.kwalee.com.

26.        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.

27.        .Claims of Copyright Infringement. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:

 ATTENTION:  Copyright Intake Administrator

      Address:   Kwalee Ltd., Juno Drive, Leamington Spa CV31 3RG UK

  Telephone:   +44(0)1926 428141,

              Fax:  +44(0)1926 801100,

            Email: dmca@kwalee.com

We are only able to accept notices in the languages into which this AGREEMENT is made available by us.

We will respond expeditiously to claims of copyright infringement committed using the Services that are reported to our Designated Copyright Agent in accordance with applicable laws.  The required information is described in detail here.

PRIVACY AND DATA POLICY

ISSUED BY KWALEE LIMITED

Last Updated: September 2018 

These terms apply to the use of games and other products developed by Kwalee Limited (‘Kwalee / we / us’). Our registered office is at 1st Floor Offices, Juno Drive, Leamington Spa, Warwickshire, England, CV31 3RG. We are a company registered in England, with company number 07648078.

This privacy and data policy (“Privacy Policy”) 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 (together the "Game(s)"), as well as any other online features relating to the Games including our website (http://www.kwalee.com/).  Together the Game(s) and the Website are referred to as the “Online Services”.

If you have any questions or comments about this Privacy Policy, please contact us at privacypolicy@kwalee.com

We are committed to protecting and respecting your privacy.  The Privacy Policy explains the basis on which personal information we collect from you will be processed by us or on our behalf. Where we decide the purpose or means for which personal data you supply through these Online Services is processed, we are the “data controller.” We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679.

Please read this Privacy Policy carefully as it contains important information about the following:

This Privacy Policy forms a part of and should be read in conjunction with our terms of use.

 

The Online Services may contain hyperlinks to services owned and operated by third parties. These third party services may have their own privacy policies and we recommend that you review them.  They will govern the use of personal information that you submit or which is collected by cookies and other tracking technologies whilst using these services.  We do not accept any responsibility or liability for the privacy practices of such third party services and your use of these is at your own risk.

We may make changes to this Privacy Policy in future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes through the Games.

We collect and process the following information which may include your personal data.  

Information provided by you when using the Games

(“Basic Information”)

We will collect the following information from you when you play our Games:

  • a unique pseudonymous identifier for you (User ID);
  • your user preferences; and
  • anonymous core information milestones related to your gameplay, such as the completion  of certain  activities  during your gameplay.

Information used for the purposes of serving advertisements

(“Advertising Data”)

Through our third party advertising network partners, we may gather information about your devices when you install or play our Games, depending on the permissions you’ve granted. This may include:

  • the make, model and operating system of your device;
  • properties of your device, such as screen size and orientation, audio volume and battery;
  • the mobile network operator linked to your device;
  • the Games played;
  • the country, time zone and locale settings on your device (i.e. country and preferred language);
  • network connection type and speed;
  • IP Address;
  • MAC address;
  • internet browser used to access the Games; and
  • the advertiser ID, which is an identifier unique to you if you use an Apple or Android device, but which doesn’t reveal your name.

Information collected for the purposes of providing analytics

(“Analytics”)

We may collect technical information about your use of the Online Services through the use of tracking technologies and analytics.

Personal data we may collect includes the following:

  • your mobile device’s unique device ID (“Device ID”);
  • your User ID (which is generated by us and allocated to you when you first play our games);
  • your device operating system & version;
  • your device make and model;
  • game play attempts, progression and results;
  • session game time start, end and duration;
  • purchase transaction types (for TENS Tournament only);
  • the country of your Device;
  • the time, date and install source of your first download (e.g. from a clicked advertisement);
  • advertisements viewed and clicked; and
  • identification of crashes and defects.

Information about you collected from third parties

(“Third Party Log In Information”)

When you access the Games via a third party social media provider such as Facebook, Twitter or Game Center, we may collect and store personal and non-personal information which is available on that third party social media provider, such as your Facebook or Twitter name, your profile picture or its URL, your Facebook ID and other public data of your friends, provided that you have expressly agreed to the use of Facebook cookies within the Games. We will also receive technical data in order to ensure the Games connect to the correct Facebook account.

Information about you collected from third parties

(“Skillz Information”)

When you access the game TENS Tournament we use a third party provider Skillz Inc (“Skillz”) based in the United States that enables players to participate in online real-money based competitions. Skillz hosts player accounts, collects fees and distributes pay outs. It collects first and last name, shipping address, phone number, and Social Security Number, credit card information or Paypal user name to participate in cash tournaments and withdraw funds. This information is used to verify your identity when you withdraw cash from your account and by us and certain third party service providers to monitor for fraudulent activity and verify that you can legally participate in cash tournaments and withdraw funds.. For more information, please see Skillz privacy policy at http://corp.skillz.com/privacy-policy/.

To provide our Games to you

We will use information about you (including Basic Information, Third Party Log In Information and Analytics) for delivering our Games to you under the terms of use agreed between us. The processing of information in this way is necessary for us to record your progress and current status within a Game, and to ensure the Games deliver the features promised and function properly, so that you have the best experience when playing any one of our Games.

To help us improve the Online Services and fix any problems

We may process non identifiable Analytics so that we can analyse and improve our Games and Online Services.

This processing is also necessary for us to pursue our legitimate interests of (i) ensuring that our Online Services function properly so that you and other users have the best experience when playing any of our Game(s) and using the other Online Services; (ii) improving the quality of our Online Services, and providing a better experience to our users; (iii) identifying and correcting any bugs in the Games and Online Services and iv) understanding the effectiveness of our marketing to attract new users and re-engage our current users at an aggregated level.

We use third party providers Fabric (for crash analytics), AppsFlyer and Tenjin (user attribution and analytics), and SOOMLA (for analytics). Fabric, AppsFlyer, Tenjin and SOOMLA may collect analytics on our behalf and in accordance with our instructions, and their applicable privacy notices.

If you would like to find out more about the way Fabric, Tenjin, AppsFlyer and SOOMLA collects and processes this information this is likely to be set out in their privacy policies and/or terms and conditions. Please refer tohttps://docs.fabric.io/android/fabric/data-privacy.html,https://www.appsflyer.com/privacy-policy, https://soomla.com/privacy-policy, https://www.tenjin.io/privacy/

To improve the monetisation via in-app purchases

Skillz may process information (including Skillz Information) to understand how users use our TENS Tournament, and to compile statistical reports regarding that activity, as well as understanding how users progress, and their current status within the game. This processing is necessary for us and Skillz to pursue our legitimate interests of improving the game and increasing the amount of revenue generated via in-app purchases.

We will not pass your information on for these purposes unless you give your consent or you have given it already. After you have given your consent, you may withdraw it at any time. This can be achieved by withdraw consent by disabling his or her account, or further requesting to be deleted by sending a support request to Skillz as set out in their privacy policy.

For advertising purposes

We may process Advertising Data to show you advertisements for third party services.  

The information we collect about you may be used to understand how advertisements placed in our Games have performed or how many people have viewed certain advertisements.

We will not process your information for the purposes of marketing or pass your information on to third parties for the purposes of such marketing unless you give your consent or you have given it already. After you have given your consent, you may withdraw it at any time.

We may use the information we collect about you to serve you targeted advertisements in our Games.  We do this to provide you with more relevant advertising content.  We work with the following third party advertising networks : 

If you would like to find out more about the way these third parties collect and process your information please refer to their respective privacy policies and/or terms and conditions by clicking on the links provided above.

To prevent fraud and illegal activity

We process personal data for our legitimate interests of ensuring that any use of the Online Services is lawful and non-fraudulent, does not disrupt the operation of our services, does not harass our staff or other individuals, to enforce our legal rights and to comply with our legal obligations.

Where we reasonably believe that you are or may be in breach of any applicable laws or our terms of use, we may use your personal information to inform relevant third parties such as your law enforcement agencies about the content.

We will share your information with third parties only in the ways that are described in this Privacy Policy

Group members, personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006), our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it.

Merger or acquisition: If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

Required by law: In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).

Enforcement: We may also disclose your personal information to third parties in order to enforce or apply the terms of agreements, to investigate potential breaches, or to protect the rights, property or safety of Kwalee, our customers, or others.

Skillz: where you play TENS tournament game, the Skillz Information may be shared with our partner Skillz for the purposes described in section 3.

We use automated decision making methods which do not involve human involvement to process your information only in the ways that are described in this Privacy Policy

We process your personal information via automated decision making methods in order to identify users who are cheating in the Games. We may block users from the Games and/or the Online Services who are determined to be cheating following an automated decision process. In this scenario the user will be notified of the outcome and will have the right to obtain human intervention to express his or her point of view and to contest the decision to block access to the Games and/or the Online Services.

If you do not wish to receive notifications from us or be served with targeted advertisements you can opt-out by changing your advertising and notification settings on your device directly.

You can withdraw your consent by changing your advertising settings on your device or by deleting the Game at any time.

You have the following rights over the way we process personal data relating to you, as set out in the table below.  We aim to comply without undue delay, and within one month at the latest.

To make a request, please us know by sending an email to privacypolicy@kwalee.com.  

Ask for a copy of data we are processing about you and have inaccuracies corrected

You have the right to request a copy of the personal information we hold about you and to have any inaccuracies corrected.

We will use reasonable efforts to the extent required by law to supply, correct or delete personal information held about you on our files (and with any third parties to whom it has been disclosed to).

Object to us processing data about you

You can ask us to restrict, stop processing, or to delete your personal data if:

  • you consented to our processing the personal data, and have withdrawn that consent;
  • we no longer need to process that personal data for the reason it was collected;
  • we are processing that personal data because it is in the public interest or it is in order to pursue a legitimate interest of Kwalee or a third party, you don’t agree with that processing, and there is no overriding legitimate interest for us to continue processing it;
  • the personal data was unlawfully processed;
  • you need the personal data to be deleted in order to comply with legal obligations;
  • the personal data is processed in relation to the offer of a service to a child.

Obtain a machine readable copy of your personal data, which you can use with another service provider

  • If we are processing data in order to perform our obligations to you, or because you consented, or if that processing is carried out by automated means, we will help you to move, copy or transfer your personal data to other IT systems.
  • If you request, we will supply you with the relevant personal data in CSV format.  Where it is technically feasible, you can ask us to send this information directly to another IT system provider if you prefer.

Make a complaint to a Supervisory Authority

  • If you are unhappy with the way we are processing your personal data, please let us know by contacting us via the support services.
  • If you do not agree with the way we have processed your data or responded to your concerns, an alternative is to submit a complaint to a Data Protection Supervisory Authority.

We will hold your personal information on our systems for as long as is necessary for the relevant service, or as otherwise described in this Privacy Policy.

We do not use our Online Services to knowingly solicit information from or market to children under the age of 13. Our terms of use prohibit users aged under 13 years from accessing our Online Services.  In the event that we learn that we have collected personal information from a child under 13 years of age we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 years of age please contact us at privacypolicy@kwalee.com.

We will take all reasonable technical and organisational precautions to prevent the loss misuse or alteration of your personal information.  For example, our databases contain encrypted and anonymised information only, are password protected and limited to essential employees only (such as Kwalee management or employees whose main role requires system access).

Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

It is possible that your personal information may be transferred outside of the EEA by Ad Networks or to Skillz. We recommend that you refer to the privacy policies and/or terms and conditions of these third parties if you are concerned about your data being transferred outside the EEA.

Where we transfer your information outside of the EEA, we have agreements in place with those parties which include standard data protection clauses adopted by a data protection regulator and approved by the European Commission to ensure that appropriate safeguards are in place to protect your personal data.  If you would like to find out more about these safeguards, please let us know by writing to privacypolicy@kwalee.com.

CONTACT INFORMATION

All questions, comments or enquiries should be directed to Kwalee at privacypolicy@kwalee.com.  We will endeavour to respond to any query or questions within three business days.

© 2018 Kwalee Limited.  All trade marks are the property of the relevant owners. All rights reserved.