STANDARD GAME TERMS
WarChest LIMITED ("WarChest")
Last updated 17 November 2014
THESE TERMS AND CONDITIONS ("TERMS") APPLY AND SHALL HAVE EFFECT IN RESPECT OF ALL USE OF ANY OF OUR GAME ‘TEMPO’ ("TEMPO"). THESE TERMS ARE IN ADDITION TO ANY APPLICABLE TERMS AND CONDITIONS OF APPLE INC. GOOGLE INC, AMAZON DIGITAL SERVICES, INC OR ANY OTHER OPERATORS OF DIGITAL DISTRIBUTION PLATFORMS ON WHICH TEMPO MAY BE DISTRIBUTED FROM TIME TO TIME (TOGETHER THE "PLATFORM TERMS"), AS WELL AS ANY TERMS WHICH ARE SPECIFIC TO A PARTICULAR GAME, WHICH ARE ALL THEREFORE DEEMED INCORPORATED INTO THESE TERMS. PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING, DOWNLOADING, PURCHASING OR INSTALLING ANY OF TEMPO, APPLICABLE FEATURES OR CONTENT AND RELATED ONLINE SERVICE.
WarChest MAY MAKE ALTERATIONS TO THESE TERMS AND ITS TERMS AND CONDITIONS FROM TIME TO TIME AND THESE VARIATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON BEING ACCESSIBLE FROM WWW.WARCHEST.COM/TERMS/TEMPO.
1.1 Subject to your compliance with all conditions of these Terms WarChest grants you a non-exclusive, personal, revocable, non-transferable license to use Tempo as permitted by the relevant Platform Terms.
1.2 You must not
1.2.1 use, copy, transfer or distribute Tempo or part of them (including by making Tempo available on any distribution platform or website) except as expressly permitted by these Terms;
1.2.2 modify, adapt, merge, translate, decompile, disassemble, or reverse engineer Tempo;
1.2.3 remove, modify, or tamper with any copyright, trademark or other notice;
1.2.4 use Tempo for any illegal, unlawful or immoral purposes.
2. ONLINE SERVICE AND USER CONTENT.
2.1 WarChest provides and maintains certain online functionality, online network play connectivity and interactivity and other online features relating to Tempo ("Online Service") subject to these Terms. In connection therewith the following additional terms apply:
2.1.1 The Online Service is for personal use only, on an "as is" basis and all use must be in accordance with these Terms.
2.1.2 WarChest is engaged in the business of marketing and publishing Tempo and providing the related entertainment services in the form of the Online Service. Ancillary to that it is engaged in the transmission, storage, retrieval, hosting, formatting or translation of your and other third party content, information and / or communications ("User Content") without selection or alteration of the content of the communication for which it is a mere conduit.
2.1.3 In connection with the use of Tempo and the Online Service ONLY and subject to the terms of these Terms, you may (are granted a limited, non-exclusive license and right to) use the software that forms part of Tempo and the Online Service to communicate with other users of Tempo using the Online Service and post, transmit, communicate and to make available User Content. The applicable parts of Tempo and the Online Service may only be used for such User Content. By doing so you hereby grant to WarChest an unrestricted, transferable, sub-licensable, royalty free, perpetual, irrevocable, non-exclusive right and licence to use and make available any such User Content in connection with Tempo in any manner or media.
2.1.4 To use the Online Service you must be 13 years old or older, or else 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 13 years old or older, or else have your parent’s or guardian’s consent (in which case your parent or guardian has read and agreed to these Terms).
2.1.5 You agree and accept that WarChest has no responsibility to review any User Content all of which is made available on the basis that WarChest shall not be required to exercise any control or judgement of the content or the material posted or contained therein.
2.1.6 The views expressed in any User Content are the views of the individual authors and not those of WarChest unless specified otherwise by WarChest. In particular but without limitation to the above WarChest is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Content.
2.1.7 You agree and undertake that you will not post, communicate, transmit or make available to or through the Online Service any User Content, statement, material, communication or content that:
(a) is unlawful or which gives rise to civil or criminal liability;
(b) infringes the intellectual property rights of any third party;
(c) is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
(d) is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
(e) harasses any person;
(f) may be deemed a marketing or commercial communication or promotes the products or services of any person other than WarChest or Tempo;
(g) contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
(h) solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.
2.2 You further agree that in any activity undertaken following use of and related to your use of Tempo or the Online Service 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 the Online Service, WarChest or Tempo.
2.3 WarChest shall be entitled to remove, restrict, suspend or alter any user account and any User Content (and the ability to share or create User Content) for any reason in its sole and absolute discretion including because the use or User Content might be unacceptable as described in these Terms.
2.4 If you discover User Content which you believe contravenes these Terms please notify WarChest at the address stated below with details of the page you found it on.
3. ONLINE SERVICE ACCOUNTS.
3.1 In order to use the Online Service you may need to register, for which you may need to submit certain information and choose a username and a password.
3.2 You undertake that all the information supplied during registration is truthful, complete and correct. In the event that the information you have supplied is incomplete or incorrect the indemnity below will apply.
3.3 You accept and understand that you are obliged to ensure that all information held about you by WarChest is up to date and that you can amend your registration details at any time through the Online Service.
3.4 Your account information (including any username and password where applicable) is personal to you in order to enable your use of and access to the Online Service and must not be disclosed to any third party.
3.5 In the event that you believe your account or account information to have been compromised you must inform WarChest immediately.
3.6 You agree that you are and shall remain responsible for maintaining the confidentiality of your account information. and username.
3.7 You accept and understand that you are solely liable for any use of the Online Service undertaken by use of your account.
3.8 DO NOT SHARE YOUR ACCOUNT INFORMATION WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WarChest IS NOT LIABLE FOR ANY NEGLIGENT OR IMPROPER USE OF YOUR ACCOUNT INFORMATION OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.
3.9 By using the Online Service you confirm that you have the necessary hardware, software and capability required to do so and that WarChest shall have no liability in relation to hardware, software or anything else required to make use of Tempo or Online Service.
4. TEMPO VIRTUAL ITEMS.
4.1 As part of and to enhance your use and enjoyment of Tempo you may be able to obtain additional items and features that form part of the Tempo experience ("Virtual Items").
4.2 Virtual Items of Tempo are also part of a service that may be used subject to these Terms and on the basis of the licence granted by these Terms. These Terms shall apply to the Virtual Items and reference to Tempo shall include reference to the Virtual Items made available to you.
4.3 These Terms and your use of Tempo do not give you any rights of ownership in any property whether tangible or intangible (including in any Virtual Item).
4.4 Virtual Items may only be exchanged for other Virtual Items in and as part of Tempo only or used and consumed in and as part of Tempo.
4.5 Virtual Items may include in-game currencies which can be used in and as part of Tempo.
4.6 You may obtain or receive Virtual Items free of charge as part of and as a result of your participation in Tempo or your interaction with advertising contained in Tempo.
4.7 You may also purchase certain Virtual Items, however purchased Virtual Items are still just Virtual Items and in common with all Virtual Items have no cash or real world value once purchased.
4.8 When you buy a Virtual Item you are buying a right to use that Virtual Item within, in and as part of Tempo only, in accordance with these Terms. These Terms apply to Virtual Items you obtain in the same way they apply to Tempo because Virtual Items are part of Tempo.
4.9 It is a condition and fundamental term of these Terms and your use of Tempo that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Virtual Item outside of Tempo 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 Tempo only.
4.10 It is a further condition and fundamental term of these Terms and your use of Tempo that you may not and must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with other aspect of Tempo including your Tempo account, password or username.
4.11 Virtual Items that may be purchased are advertised for sale on Tempo so that you may offer to purchase them for the price stated in the manner described below.
4.12 When you submit a request to purchase Virtual Items you are offering to purchase them for the price stated ("Order") and subject to these Terms (including the Platform Terms).
4.13 WarChest cannot guarantee that a particular Virtual Item will always be available or will always be available in the same manner. WarChest will not be liable for any consequences of the availability or use (or misuse) of any Virtual Item or its impact on your use of Tempo.
4.14 The purchase of a Virtual Item is a service that commences when you the Virtual Item becomes available to use, following which you shall not be entitled to cancel your Order.
4.15 If you cannot use a Virtual Item due to an error or fault, please contact WarChest as set out below and WarChest will endeavour to assist you. If WarChest is unable to do so you may be entitled to a refund.
4.16 Your statutory rights are unaffected by these Terms.
5. ONLINE SERVICE WARRANTY AND LIABILITY.
5.1 WarChest will use:
5.1.1 reasonable efforts to make the Online Service available for  months from the date on which you download Tempo, subject as set out in these Terms; and
5.1.2 take reasonable precautions to prevent viruses or other malicious software that may infect a user's equipment, software, data or other property.
5.2 WarChest will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
5.3 Except as explicitly provided in this Agreement, there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law.
5.4 To the maximum extent permitted by law, WarChest gives no warranty in connection with the Online Service and excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss or loss of profits or data - whether or not such arises out of any problem you notify to WarChest - and WarChest shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
5.4.1 the availability of the Online Service;
5.4.2 any incorrect or inaccurate information on the Online Service and all errors, interruptions to or delays in updating the Online Service;
5.4.3 the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Online Service;
5.4.4 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's equipment, software, data or other property caused by persons accessing, using or downloading the Online Service, or from transmissions via emails or attachments received from WarChest or its licensees;
5.4.5 the availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties ("External Sites") to which the Online Service links and web sites located on or through any External Site, nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or other services) You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
5.4.6 all representations, warranties, conditions and other terms which but for this notice would have effect.
You use the Online Service at entirely your own risk. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. WarChest has no way of telling if statements made by other users are true. This is a decision that can only be made by you and the exercise of some degree of caution is recommended. By using the Online Service and its parts you accept that this is the case and accept the risk associated with it. Users must take particular care in relation to the disclosure of their own personal information.
6. CONSUMER RIGHTS.
6.1 THESE TERMS ABOVE 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 WarChest’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION OR FRAUDULENT MISSTATEMENT.
7. APPLE DEVELOPER TERMS
7.1 The following terms of this clause are the terms which WarChest is required by Apple Inc, ("Apple") to notify you of and obtain your consent in respect of using the iOS version of Tempo (whether available on Apple iPad, iPhone and iPod or other device running iOS):
7.2 You and WarChest acknowledge that this agreement concluded between you and WarChest only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple . You also acknowledge that Apple is not responsible for Tempo and the content thereof.
7.3 WarChest is solely responsible for providing support and maintenance for Tempo. You and WarChest acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Tempo.
7.4 You acknowledge that WarChest, and not Apple, is responsible for addressing any claims you may have relating to Tempo or your possession and/or use of Tempo, including but not limited to: (i) product liability claims; (ii) any claim that Tempo fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7.5 You acknowledge that in the event of a third party claim that Tempo or your possession and use of Tempo infringes that third party’s intellectual property rights, then WarChest shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
7.6 You represent and warrant that (i) you are not located in a country that is subject to a US or UK Government embargo, or that has been designated by the US or UK Government as a "terrorist supporting" country; and (ii) you are not listed on any US or UK Government list of prohibited or restricted parties.
7.7 You acknowledge and agree that Apple are third party’s beneficiaries of these Terms, and that when you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
7.8 WarChest uses third party software and services provided in Tempo (explained above). Use of Tempo 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 Tempo. More information about this can be found in our Privacy and Data Policy.
8. LIMITATION OF LIABILITY AND DISCLAIMER.
8.1 WarChest WARRANTS ONLY THAT:
8.1.1 IT IS ENTITLED TO GRANT THE RIGHTS AND LICENCES GRANTED HEREUNDER;
8.1.2 IT HAS USED AND WILL USE REASONABLE EFFORTS TO ENSURE THAT TEMPO WILL BE AVAILABLE FOR  MONTHS FROM THE DATE ON WHICH YOU LAST MAKE A PURCHASE.
8.2 EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW:
8.2.1 THE FOREGOING WARRANTIES SET OUT ABOVE DEFINE IN FULL THE EXTENT OF WarChest’S LIABILITY, WARRANTIES AND YOUR REMEDIES AND WarChest ONLY ACCEPTS LIABILITY FOR DIRECT LOSS AS A RESULT OF ITS BREACH OF THOSE WARRANTIES SUBJECT AS SET OUT IN THESE TERMS;
8.2.2 WarChest LIABILITY WILL BE LIMITED TO THE VALUE OF ANY PURCHASES YOU MAKE DURING THE PERIOD OF 6 MONTHS PRIOR TO SUCH LOSS AND DAMAGE ARISING;
8.2.3 WarChest EXCLUDES ANY AND ALL LIABILITY FOR ALL REPRESENTATIONS (EXCEPT THOSE MADE FRAUDULENTLY), WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS NOTICE WOULD HAVE EFFECT;
8.2.4 WarChest WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF OR INABILITY TO USE TEMPO, ERRORS OR DEFICIENCIES IN IT, DAMAGE TO PROPERTY, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS, LOSS OF INFORMATION OR LOST PROFIT, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS;
8.2.5 TEMPO IS NOT FOR COMMERCIAL USE OR USE IN A COMMERCIAL ENVIRONMENT AND WarChest WILL NOT IN ANY EVENT BE LIABLE IN ANY WAY FOR ANY COMMERCIAL DAMAGE OR LOSS;
8.2.6 WarChest WILL NOT BE HELD LIABLE FOR ANY DAMAGE, INJURY OR LOSS IF CAUSED AS A RESULT OF YOUR NEGLIGENCE, ACCIDENT OR MISUSE, OR IF TEMPO HAS BEEN MODIFIED IN ANY MANNER (NOT BY WarChest OR ITS LICENSORS);
8.2.7 TEMPO IS PROVIDED "AS IS" WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT;
8.2.8 WarChest DOES NOT WARRANT THAT THE OPERATION OF TEMPO WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS CAN BE CORRECTED;
8.2.9 YOU INSTALL AND USE TEMPO AT YOUR OWN RISK.
9.1 All right, title, interest and ownership rights in Tempo 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 Tempo and each part thereof (including by way of example only any titles, code, themes, objects, characters, stories, catchphrases, concepts, artworks, animations, sounds, music, audio-visual effects and methods of operation) are owned by, belong to and vest in WarChest or its licensors.
9.2 Tempo is protected by copyright law, international copyright treaties and conventions and other laws.
9.3 All rights are asserted and reserved.
9.4 Tempo may contain certain licensed materials and WarChest licensors may act to protect their rights in the event of any breach of these Terms. All trade marks are the property of their respective owners.
9.5 You may NOT translate, reverse engineer, modify, adapt, disassemble, decompile, merge or create derivative based on Tempo unless expressly permitted by applicable law but if you do, the product and all end results of those acts shall belong to, vest in and be the exclusive property of WarChest on creation.
10. INDEMNITY AND REMEDIES.
10.1 You hereby indemnify, defend and hold harmless WarChest and WarChest’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 attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of Tempo (which includes the Online Service), any User Content and any negligent or improper use of your password and username; and / or any use otherwise than in accordance with the terms of these Terms. You shall fully cooperate with WarChest in the defence of any such claim and WarChest reserves the right, at WarChest’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
11.1 In the event that any provision of these Terms 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 these Terms shall remain in full force and effect.
12. APPLICABLE LAW.
12.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use Tempo (including the Online Service) and these Terms are subject to English Law.
12.2 In the event that English Law cannot apply in the country you obtained or use Tempo, local law will apply.
12.3 Tempo (and each part of it, including the Online Service) is intended for use and may only be used in countries where all such use is lawful.
ABOUT WarChest LIMITED
Our registered office is at 86 Edgehill Road, Chislehurst, Kent, United Kingdom, BR7 6LB. We are a company registered in England and Wales, with company number 07783664. Our VAT number is 127537507.
All questions, comments or enquiries should be directed by email to WarChest at firstname.lastname@example.org. WarChest will endeavour to respond to any query or questions within two business days.
WarChest may make alterations to these Terms and its terms and conditions from time to time and these variations shall become effective immediately upon being accessible from http://www.WarChest.com/Terms/Tempo.