While you are not required to provide the information we require, if you do not we will not be able to provide you with our App products or services.
The information we collect from you
We always aim to gather only the information that we need in order for you to use the App as fully and effectively as possible. We will collect and process the following information about you:
Information you give us (Submitted Information): this is the information you give us when you register for the App (including via Facebook) or when you correspond with us (for example by email or chat), interact with the App or reply to a survey. If you contact us we will keep a record of that correspondence. The information you provide us may include your name (including a previous name, where relevant), address, email address, social media login, age, the Device’s phone number, username, password and other registration info.
Information we collect about you and your device: Each time you use one of our Apps we will automatically collect the following information:
Technical information, including the type of mobile device you use, a unique device identifier (for example your device’s IMEI number, the MAC address of the device’s wireless network interface or the mobile number used by the device), mobile network information, your mobile operating system, and the type of mobile browser you use;
Details of your use of any of our Apps including but not limited to traffic data, what you do when you are logged in to the App and your use of the App for example whether you clicked on any advertisements or purchased any in-App products.
Location Information: we can use technology to determine your current location at a postcode level
In the event we allow you to upload a photo, video or audio-only content, we may also receive additional information through metadata about where that photo or video was taken or the audio-only content was recorded, such as the time, date and location.
We may also receive information from third parties, such as Facebook, when you log in to our Apps using the Facebook Platform. You can find out more about this under “Sharing with other websites and applications” below.
Credit or debit card information. We currently use Google Play and Apple App Store and Amazon App Store to process any payments made through or in relation to the game and your contract for such payments will be with those providers. These app stores all operate a secure server, to process card payments. They encrypt users’ credit or debit card information and authorise payment directly. This means that users’ full card details are never revealed to or held by us. All such payments made are subject to and in accordance with the relevant app store Payment Terms and by making any such payments you are agreeing to such terms
Use made of the information
We use information held about you in the following ways:
To understand your needs and to ensure that content is presented in the most effective manner for you and your device.
To provide you, or allow third parties to provide you, with information, products or services (including content and advertising tailored to your interests).
To carry out obligations arising from any contracts entered into between you and Moonjammer or the App Store Provider (including the processing of payments by a third-party provider of payment processing services).
To allow you to participate in interactive features of the App, when you choose to do so and providing advanced game features to you.
suggesting and providing relevant content to you within the App;
To manage, maintain, protect and improve the App and to notify you about changes to the App or any of the Services.
Posting updates specific to your usage of the Apps that you choose to post or share with your network via Facebook.
To send you notifications that you have a message from another user or to send you guides on how to use our Apps.
Moonjammer will never send you unsolicited marketing communications. We will only use your details to tell you about our products and services if you have specifically consented to receive these communications.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with anonymous aggregate information about our users to help our advertisers reach the kind of audience they want to target. We may use the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.
Cookies and similar technology are pieces of information that include a unique reference code that an Application transfers to your device to store and sometimes track information about you. Some last only for the duration of your Session in an App and expire when you exit. Others are used to remember you when you return to the Application and will last for longer.
enable you to save your state of play so you can return to a saved game;
customise elements of the layout or content of the pages of the Application for you;
remember your game session so you can move freely within the Application; and
collect statistical information about how you use the Applications so that we can improve the content we provide.
Some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note, however, that by blocking or deleting cookies, you may not be able to take full advantage of the Apps.
Third party cookies. Some of the web analytics companies and advertisers used in our Apps may also place tracking cookies on your web browsers and/or computer. These cookies and other embedded code are used for tracking the success of advertising campaigns.
Further information. Please contact our customer support service at firstname.lastname@example.org to request further details about individual cookies used in our Apps by us and by third parties.
Disclosure of your information
The overriding principles we apply are these:
We will not supply your information to a third party for commercial exploitation- thus, you can rest assured that we will not sell any user data to a third party;
We may disclose your personal information to our affiliates, agents or contractors who assist us in providing the goods and services we offer through the App, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data and providing support services or in other tasks from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.
You agree that we have the right to disclose your personal information 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.
We will disclose your personal information to third parties:
In the event that We sell or buy any business or assets, in which case We will disclose your personal data to the prospective seller or buyer of such business or assets.
If Moonjammer or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
In order to:
protect the rights, property or safety of Moonjammer customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Sharing with other websites and applications
You can log in to our Apps using the Facebook Platform. When you log in using Facebook, Facebook shares your “public information” (Facebook sometimes refers to this as your “Everyone information”) with us, such as your gender, date of birth, Facebook user ID and your Facebook friends’ Users IDs, but we do not share information we hold about you with Facebook through your use of our Apps.
Where we will store your personal data
Information we hold is sent to and stored on secure servers located in the UK. This is necessary in order to process your information.
Information may be transferred by us to our other offices and/or to the third parties mentioned in the circumstances described above, which may be situated outside of the European Economic Area (EEA) and may be processed by staff operating outside of the EEA. If we transfer your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected. By submitting information via the App you agree to this storing, processing and/or transfer.
We place great importance on the security of all personally identifiable information associated with our users and we have high quality security measures in place to protect against the loss, misuse and alteration of your personally identifiable information under our control. While we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it. However, please be aware that, although our systems are secure, your information may be intercepted on its way to us via the internet, although it is extremely uncommon for this to happen. It remains each Member’s responsibility:
to protect against unauthorised access to your details and the information you have included within it;
to ensure no-one else uses the game on that user’s machine while it is “logged on” to the game;
to log off or exit from Facebook and / or the game when not using it; and
to keep his/her password secret.
Removing your account from the game
If you no longer want Moonjammer to make active use of your information, you may send an email to email@example.com. We will respond to your request within thirty (30) days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content from our games, we may not be able to delete it.
If you remove your account, any content or information that you have permitted other people to view and/ or use within the App or otherwise, or which you have otherwise shared may, understandably, be copied or stored by others even after your account has been removed. When your account has been removed, we will archive and store your information for a reasonable time period for legal and administrative reasons and for the purposes of re-activating your account with us, if you wish to do so.
Disclosure for legal reasons
We may disclose your personal information if required to do so by law, to cooperate or seek assistance from law enforcement or to protect the interests or safety of us or other users.
Links to third party sites
The App may contain links to other web sites. Moonjammer is not responsible for the privacy practices, or the content, of those web sites.
Data Protection Information
You can obtain further information about data protection laws by visiting the UK Information Commissioner’s website. You can search for our Data Protection Notification there, should you so wish (our registration number is Z5748964).
Mobile Application End User Licence Agreement
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP.
1.1. Who We Are
Moonjammer is a company registered in Scotland (Company Number SC480743) with its registered office at 4 Farington Street, Dundee, UK DD2 1PJ (“Moonjammer” or “our” or “us” or “we”).
This End User Licence Agreement (“EULA”) set out your rights and obligations, and those of Moonjammer, regarding your use of Moonjammer’s online games and related services, which include applications for mobile devices (the “Games”).
These Terms may not be otherwise amended except by our written agreement.
1.4. Grant of Rights for the Game
Subject to your agreement and continuing compliance with this EULA Moonjammer grants you a non-exclusive, non-transferable, revocable limited licence to access and use the Games using a Moonjammer supported web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own, non-commercial, entertainment purposes. You agree not to use the Games, or any parts of them, for any other purpose without our prior written permission.
You agree that, while at times during your use of the Games, you may “earn”, “buy” or “purchase”: (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Games; or (b) virtual in-game items, (together “Virtual Items”); these terms “earn”, “buy” and “purchase” are only being used within the context of the Games and/ or the platforms on which they operate and you agree that you do not in fact “own” the Virtual Items and the amounts of any Virtual Items do not refer to any credit balance, refundable or otherwise, of real currency or its equivalent. Rather, you may use such Virtual Items within the Games. Any “Virtual Items” balance shown in your Game profile or account, does not amount to a cash equivalent, or redeemable, value.
1.5. Accessing the Games
You are solely responsible for any fees, including internet connection or mobile fees that you incur when accessing and using the Games and we do not accept any responsibility for any such fees.
1.6. Use of the Games
The following restrictions apply to the use of the Games:
You shall not create an Account or access the Games or any parts thereof if you are under the age of 13. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to this EULA. Parents and guardians are responsible for the acts of children under 18 years of age when using the Games. Moonjammer recommends that parents and guardians familiarise themselves with parental controls on devices they provide their child.
You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Games by minors in connection with, including using, your Account. You are responsible for any use, in connection to the Games, of your credit card or other method of payment for which you are liable (e.g. PayPal and Facebook Credits) by any third parties including minors;
You shall not have more than one Account per Game at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself;
You shall not have an Account or use the Games or any parts thereof if you have previously been removed by Moonjammer or previously been banned from using any Moonjammer product including any Games;
You shall use your Account only for non-commercial purposes;
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements or junk e-mail or unsolicited messages; and
You shall not use your Account to engage in any illegal or unlawful conduct;
If you access the Games or any parts thereof from an SNS you shall, at all times, comply with and be subject to its terms of service/use as well as this EULA.
1.7. Account Information
1.8. Username and Password
During the Account creation process, you may be required to select a password (“Login Information”). It is your sole responsibility to maintain the confidentiality of your Login Information and you are responsible for all activity that occurs under your Login Information. We will not be liable where your Login Information is used by someone else. You should notify us immediately of any unauthorised use of your Login Information and any breach of security as soon as you become aware of it. For security or other reasons, we may require you to change your Login Information.
Moonjammer reserves the right to remove or reclaim any usernames at any time and for any reason, including to claims by a third party that a username violates such third party’s rights.
1.9. Licence Limitations
Any use of the Games or any parts thereof in breach of this EULA is strictly prohibited, can result in the immediate termination of your Account and may subject you to liability for breach of contract and/ or contravention of applicable laws. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE GAMES OR ANY PARTS THEREOF, INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY GAMES OR PLATFORMS ON WHICH THEY OPERATE IS A BREACH OF THESE TERMS AND IT MAY ALSO BE A BREACH OF CRIMINAL AND CIVIL LAWS.
Engage in any act that Moonjammer deems to be in conflict with the spirit or intent of the Games, including but not limited to circumventing or manipulating this EULA, our game rules, game mechanics or policies;
Make improper use of Moonjammer’s support services, including by submitting false abuse reports or using abusive language in your communications with our support personnel; or
Use the Games in connection with any violation of any applicable laws, rules or regulations, or do anything that promotes or facilitates the violation of any applicable laws, rules or regulations;
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorised third party software designed to modify or interfere with the Games or any parts thereof;
Use the Games in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorised third party software designed to modify or interfere with the Games or any parts thereof;
Without Moonjammer’s express written consent, modify or cause to be modified any files that are a part of the Games;
Disrupt or facilitate or assist in the disruption of any Games of any parts thereof;
Institute, assist or become involved in any type of attack, including distribution of a virus, denial of service attacks upon the Games or any parts thereof, or other attempts to disrupt the Games or any parts thereof or any other person’s use or enjoyment of the Games or any parts thereof;
Attempt to gain unauthorized access to the Games, or any Accounts registered to others or to the computers, servers, or networks connected to the Games or any platform on which they operate by any means other than the user interface provided by Moonjammer;
Post any information or content that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or otherwise offensive;
Post any information that contains nudity, excessive violence, or is an offensive subject matter or that contains a link to any such content;
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Moonjammer employees and representatives;
Make available through the Games any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity;
Impersonate any other person, including without limitation a Moonjammer employee;
Use the Games or any parts thereof for performing in-game services, such as power-levelling and item collection services, in exchange for payment outside the Games;
Transmit unauthorised or private communications through the Games;
Use any unauthorized software that accesses, intercepts, “mines”, or otherwise collects information from or through the Games or that is in transit from or to the Games, including any software that reads areas of RAM or streams of network traffic used by the Games to store information about Games’ functionality or operations.
Intercept, examine or otherwise observe any proprietary or private communications protocol used by a client, a server, or the Games;
Make any automated use of the Games or any parts thereof, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Bypass any robot exclusion headers or other measures we employ to restrict access to the Games or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Games, or harvest or manipulate any data contained therein or derived there from;
Use, facilitate, create, or maintain any unauthorised connection to the Games, including without limitation: (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Games; or (2) any connection using programs, tools, or software not expressly approved by Moonjammer;
Except to the extent permitted by applicable law or relevant open source licences, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Games, or to obtain any information from the Games using any method not expressly permitted by Moonjammer; or
Copy, modify or distribute rights or content from any Games or use any method to copy or distribute the content of the Games except as specifically allowed in this EULA;
upload or transmit or attempt to upload or transmit, without Moonjammer’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
1.10. Suspension and Termination of Games Account
WITHOUT LIMITING OR PREJUDICING ANY OTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO GAMES OR ANY PARTS THEREOF IF YOU ARE, OR MOONJAMMER SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE GAMES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND ACCESS TO ANY INFORMATION THAT YOU HAVE INCLUDED IN ANY GAMES AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE GAMES, AND Moonjammer IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.
WITHOUT LIMITING OR PREJUDICING ANY OTHER REMEDIES AVAILABLE TO US, WE MAY LIMIT, SUSPEND OR TERMINATE ACCOUNTS, PROHIBIT ACCESS TO OUR GAMES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INCLUDING WITHOUT LIMITATION INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, DEFAMING ANY PARTY, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS. Moonjammer reserves the right to stop offering and/or supporting the Games or a particular Game or part of the Games at any time either permanently or temporarily, at which point your licence to use such Games or parts thereof will be automatically terminated or suspended. In such event, Moonjammer shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of such Games.
Termination of your Account can include disabling your access to the Games or any parts thereof including any content contained therein including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the instructions within the Game or sending an email to firstname.lastname@example.org
1.11.1. Games and Service
The Games or any parts thereof (including any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, character profile information, recordings of Games played and the Moonjammer game clients and server software) are copyrighted works owned by us or our licensors. We reserve all rights, including all intellectual property rights of whatever nature or other proprietary rights, in connection with the Games.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT OR ANY GAMES, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF MOONJAMMER. GENERALLY, GAMES OR OTHER ACCOUNTS CREATED WITH MOONJAMMER WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT IN RELATION TO A GAME THAT HAS BEEN INACTIVE FOR 180 DAYS. IN THE EVENT THAT YOU CLOSE YOUR FACEBOOK ACCOUNT YOU WILL BE UNABLE TO ACCESS THE GAMES.
“Submission” means any communications, images, sounds, and all the content, material, data and information that you upload or submit to, or transmit through, any Games, or that other users of the Games upload or transmit.
You retain all ownership rights that you are lawfully entitled to in and to any Submission that you may make. You promise that you are the lawful owner of any Submission that you make or you have the necessary licences, rights, consents, and permissions to authorise us to use your Submission as it is intended in the Games. In particular, you promise that you have obtained the permission of all of the living people featured or referred to in and/ or identifiable from the Submission (and if they are under 18 their parents’ or guardians’ permission as well) to the upload of the Submission and to our use of the Submission in the Games. You acknowledge that the contents of any Submission will be considered non-confidential. Submissions are collected by us and not by Facebook or any other SNS.
We do not claim ownership rights in the content of your Submission. By making a Submission, you grant us (and any SNS which you have accessed the Game via) a worldwide, perpetual, non-exclusive, royalty-free and transferable licence (with the right to sub-license) to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to the other users of the Games, prepare derivative works of and to display your Submission by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewable and extension thereof. By making any Submission you waive in our favour and in favour of our transferees or sub-licensee, any moral rights, or equivalent rights, that you may, in any jurisdiction be entitled to in respect of your Submission.
You are responsible for the content of any Submission that you may make and the consequences arising from its use in any Games. You will not upload to any Games any material or content which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or infringes the rights of a third party or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. You agree not to infringe any laws in order to produce or make a Submission. You agree not to transfer files which contain viruses or other harmful programs. Further, you must not endanger yourself or others, take any unnecessary risks in order to produce or make a Submission.
We may accept your Submission, modify your Submission, or refuse to display your Submission at any time in our sole and absolute discretion. Please note that we cannot accept any Submission containing any music, save where expressly permitted by us.
2.1. Content Screening
You are entirely responsible for all Submissions that you post or otherwise transmit via the Service. Moonjammer accepts no responsibility for the conduct of any user submitting any Submission, and we accept no responsibility for monitoring any Submissions for inappropriate, unlawful or illegal content.
We have no obligation to monitor Submissions. If we choose at any time, in our sole discretion, to monitor any Submissions or use of the Games, we have the right, in our sole discretion, to edit, refuse to post, or remove any Submissions or any parts thereof and we may monitor and/or record your interaction with the Games or communications made by you in your use of the Games. By accepting this EULA and playing the Games, including making Submissions, you provide your irrevocable consent to such monitoring and recording.
2.2. Information Use by Other Members of the Service
2.2.1. Public Discourse & Unsolicited Ideas
The Games may include various forums, blogs and chat features where you can post Submissions, including your observations and comments on designated topics. Moonjammer cannot guarantee that other users will not use the ideas and information that you share through such forums, blogs and chat features, therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not make it available through the Games. Moonjammer shall have no obligation to evaluate, use or compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials as part of your Submissions you understand and agree that Moonjammer: (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you.
Moonjammer IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS AND/ OR WHICH FORM PART OF ANY OF YOUR SUBMISSIONS. IN THE EVENT YOU COME ACROSS ANY CONTENT WHICH YOU WISH TO COMPLAIN ABOUT, PLEASE CONTACT email@example.com.
Your information, including your Submissions and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide and operate the Games and may be disclosed: (i) when we have a good faith belief that we are lawfully required to disclose the information in response to legal process (for example, a court order or a search warrant ); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Games are being used in the commission or inducement of a crime, including to report such criminal activity; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Moonjammer, including to enforce this EULA.
2.4. User Interactions
2.4.1 User Disputes
You are solely responsible for your interactions with other users of the Games and any other parties with whom you interact through the Games and/or any platform through which the Games are accessed or operate.
If you have a dispute with one or more users, you release and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from claims, demands and damages (direct, indirect and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data.
In use of the Games you may purchase Virtual Items and or other goods or services by redeeming Moonjammer game cards or third party virtual currency, such as Facebook Credits.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You can purchase Virtual Items by visiting the purchase page in one of our Games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to this EULA. When you purchase Virtual Items from our Games, we may send you a confirmatory email that will contain details of the items you have ordered. Please check that the details in the confirmatory email are correct as soon as possible and maintain a copy of it for your records. Moonjammer keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms and Moonjammer is not a party to the transaction and will not hold any of your payment information.
For Virtual Items, your order will represent an offer to us to purchase which will only be accepted by us when we make those Virtual Items available in your Account for you to use in the Games.
If you reside in the European Union and you purchase a product or service from Moonjammer, you may have the right to cancel a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right to cancel is lost as the performance of our services begins promptly once your purchase is completed.
3.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Moonjammer may revise the pricing for the goods and services it sells and supplies to you through the Games at any time. YOU ACKNOWLEDGE THAT Moonjammer IS NOT REQUIRED TO PROVIDE A REFUND TO YOU IN RESPECT OF ANY UNUSED VIRTUAL ITEMS WHEN YOUR ACCOUNT IS CLOSED FOR WHATEVER REASON.
THIRD PARTY DEALINGS
Moonjammer may provide links on the Games to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Games and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Moonjammer makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to or from our Games, and we will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Moonjammer and they may collect data or solicit personal information from you. Moonjammer is not responsible for their content, business practices or privacy policies, or for the use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Moonjammer of these linked sites or any products or services available through them.
The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the Games and/ or the platforms they are accessed through or operate on are proprietary marks and may not be reproduced or otherwise used without express permission.
Nothing contained in this EULA shall be construed as conferring any licence or right to use any trade mark, patent, design right or copyright of Moonjammer or of any third party.
UPDATES TO THE SERVICE
You understand that the Games evolve and that we may require that you accept updates to the Games you have installed on your computer, mobile devices or gaming device. You acknowledge and agree that Moonjammer may update the Games with or without notifying you. You may need to update third party software from time to time in order to receive and operate the Games.
DISCLAIMERS / LIMITATIONS / LIABILITIES
7.1. OUR LIABILITIES TO YOU
THE GAMES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. WE DO NOT GUARANTEE WHICH ASPECT OF THE GAMES WILL BE AVAILABLE. WE CANNOT PROMISE THAT THE GAMES WILL BE ACCURATE, FREE FROM ERRORS OR OMISSIONS OR THAT THEY WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION.
THE GAMES MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS REASONABLY BEYOND OUR CONTROL. WE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON IN THE EVENT THAT ALL OR ANY PART OF THE GAMES ARE DISCONTINUED, MODIFIED OR CHANGED IN ANY WAY.
THE VIEWS EXPRESSED IN ANY CONTENT OR MATERIAL WHICH IS UPLOADED BY YOU OR OTHER USERS OF THE GAMES, INCLUDING SUBMISSIONS, MAY NOT REFLECT OUR VIEWS. WE MAKE NO PROMISES AND OFFER NO GUARANTEES AS TO THE ACCURACY OF ANY SUBMISSIONS.
MOONJAMMER ACCEPTS NO RESPONSIBILITY AND MAKES NO PROMISES OR GUARANTEES AS TO THE QUALITY OR ACCURACY OF IMAGES OR GRAPHICS IN AND TO THE GAMES.
WE ACCEPT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES AND AGENTS. WE DO NOT SEEK TO EXCLUDE LIABILITY FOR FRAUDULENT MISREPRESENTATION BY US OR OUR EMPLOYEES OR AGENTS.
NOTHING IN THESE TERMS IS INTENDED TO RESTRICT YOUR STATUTORY RIGHTS AS A CONSUMER (INCLUDING YOUR RIGHTS TO RECEIVE A REASONABLE STANDARD OF SERVICE, MORE DETAILS ABOUT WHICH CAN BE OBTAINED FROM YOUR LOCAL TRADING STANDARDS OFFICE OR CITIZENS ADVICE BUREAU);
WE DO NOT ACCEPT ANY LIABILITY FOR:
ANY DAMAGE OR LOSS CAUSED TO YOU WHERE YOU ARE NOT ENTERING INTO THESE TERMS, OR USING THE GAMES, AS A CONSUMER;
ANY DAMAGE TO YOUR COMPUTER, ANY SOFTWARE OR FOR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE GAMES;
ANY FAILURE, ANY SUSPENSION AND/OR ANY TERMINATION OF ACCESS TO THE GAMES OR ANY CONTENT OR ANY FAILURE BY US TO PERFORM ANY OF OUR OBLIGATIONS UNDER THESE TERMS IN CONNECTION WITH OR ARISING OUT OF AN EVENT BEYOND OUR CONTROL. IN THESE TERMS, AN “EVENT BEYOND OUR CONTROL” SHALL INCLUDE, WITHOUT LIMITATION, STRIKES, LOCK-OUTS OR OTHER INDUSTRIAL DISPUTES, NUCLEAR ACCIDENT OR ACTS OF GOD, WAR OR TERRORIST ACTIVITY, RIOT, CIVIL COMMOTION, MALICIOUS DAMAGE, COMPLIANCE WITH ANY LAW OR GOVERNMENT ORDER, RULE REGULATION OR DIRECTION, ACCIDENT OR BREAKDOWN OF PLANT OR MACHINERY, FIRE, FLOOD, STORM OR DEFAULT OF SUPPLIERS, AND WHERE THEY ARE BEYOND OUR REASONABLE CONTROL, ANY OTHER ACTS, EVENTS, OMISSIONS OR ACCIDENTS; AND/OR
ANY CLAIMS BROUGHT AGAINST YOU BY A THIRD PARTY EXCEPT AS STATED IN THESE TERMS.
THESE TERMS SHALL NOT MAKE US RESPONSIBLE FOR ANY DAMAGE OR LOSS (INCLUDING LOSS OF PROFITS, REVENUE OR BUSINESS) CAUSED TO YOU WHERE SUCH DAMAGE OR LOSS IS NOT REASONABLY FORESEEABLE TO YOU AND US WHEN YOU USE THE Moonjammer SERVICE, INCLUDING WHERE THE DAMAGE OR LOSS RESULTS FROM OUR BREACH OF THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE GAMES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
WE ARE NOT LIABLE, ACCEPT NO RESPONSIBILITY FOR AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE GAMES AND OPERATORS OF EXTERNAL SITES AND PLATFORMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
We may wish to transfer our rights or obligations or sub-contract our obligations under this EULA to another other legal entity. You agree that we may do so provided that in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under this EULA to another legal entity, your only rights under or in connection with this EULA will be against the new legal entity and not against us. These Terms are personal to you. You may not transfer your rights or obligations under this EULA to anyone else.
8.2. Third Party Rights
These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer this EULA under section 8.1.
If any provision of this EULA shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this EULA which shall remain in full force and effect.
These Terms are available in English only. We will do our best to resolve any disputes over this EULA. If you wish to take court proceedings against us you must do so in England. Relevant English law will apply.
8.5. Keeping this Agreement
Complaints may be reported to us through our “contact us” link on the Moonjammer Games or by post at Moonjammer, 4 Farington Street, Dundee, UK, DD2 1PJ. We will reply to all complaints within 14 working days.
8.7. Equitable Remedies
You acknowledge that the rights granted and obligations made under this EULA to Moonjammer are of a unique and irreplaceable nature, the loss of which shall irreparably harm Moonjammer and which cannot be replaced by monetary damages alone. Accordingly, Moonjammer shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Games and agree to limit your claims to claims for monetary damages.
Some audio elements used in our games were obtained from http://www.freesfx.co.uk