ISSUED BY TEAM17 DIGITAL LIMITED (“TEAM17”).
Date of last update: 5 December 2012
These Terms govern the use of Team17 Digital Ltd’s online games and other products to which you have access (the “Service”). In these Terms Team17 means Team17 Digital Ltd who are a registered company in England and Wales located at Castleview House, Calder Island Way, Calder Island, Wakefield, WF2 7AW, United Kingdom.
You should carefully read the following terms before using, purchasing, downloading or installing the service as they contain the terms which govern your use of the service. If you do not agree with these terms you may not use, purchase, download or install the service.
Team17 develops, provides and maintains games and related services (the “Service”). The Service is a copyright work of Team17 or its licensors. All use of the Service is governed by these Terms. The Service is solely for use by end users according to these Terms. Any use, reproduction or redistribution of the Service not in accordance with these Terms is expressly prohibited.
1. Service and Communications
Please note that if you access the Service through a TPSP you are required to comply with these Terms and those of the TPSP.
The Service includes, without limitation, certain online functionality, online network play connectivity and interactivity and other online features and are subject to the following Terms which apply to your use of the Service:
The Service is licensed, not sold. Your licence confers no title or ownership in the Service. All right, title, interest and ownership rights in the Service 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 therefore and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Service 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 Team17 or its licensors. The Service is protected by copyright law, international copyright treaties and conventions and other laws. All rights are asserted and reserved. The Service may contain certain licensed materials and Team17 licensors may act to protect their rights in the event of any breach of these Terms. All trademarks are the property of their respective owners.
You may access the Service through a TPSP or directly from us. If you access the Service through a TPSP certain information will be shared with Team17 by the TPSP and you are referred to the section concerning this below.
Team17 may offer the opportunity to access the Service directly. In such instances the following terms will apply:
Team17 will not be liable in any amount or way for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above 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.
To the maximum extent permitted by law, Team17 gives no warranty in connection with the Service and excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Team17 and Team17 shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
5. Indemnity and Remedies
You agree to indemnify, defend and hold Team17 and its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from any claims, costs and expenses (including legal expenses) arising directly or indirectly from your misuse of the Service or use otherwise than in accordance with these Terms.
You further agree that Team17 would be irreparably damaged if these Terms were not specifically enforced, and therefore you agree that Team17 shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as Team17 may otherwise have available to it under applicable laws.
Team17’s licensors shall be third-party beneficiaries under these Terms and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
Team17 may also remove or suspend access to the Service at any time for any reason.
6. Purchasing Virtual Goods
In the Service you may use a third party virtual currency such as Facebook Credits. You can use Facebook Credits and such other virtual currency, coins, cash or tokens as Team17 may from time to time introduce to obtain “virtual in-game items” (“Virtual Items”) and other goods or services, if available.
You are not permitted to trade, exchange, sell, rent or otherwise transfer or deal in the Virtual Items on your Account without the written permission of Team17. You shall not access or use any Account or Virtual Items which have been traded, exchanged, sold, rented or otherwise transferred or dealt with.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.
You can order Virtual Items through the Service, by providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Items from the Service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for you records. Team17 keeps records of transactions in order to deal with any subsequent queries. When you purchase Facebook Credits from Facebook, you are agreeing to Facebook’s Payment Terms. Team17 is not a party to this transaction. When you purchase virtual items or currency from the service you are directed to Facebook to acquire Facebook credits. The purchase of virtual items or currency is therefore from Facebook, who in turn will source the item immediately from us for your use.
For Virtual Items, your order via Facebook will be accepted by us when we make the Virtual Items available in your account for you to use on the Service or take payment for the Virtual Item, whichever comes first.
The provision of Virtual Items for use in Team17’s games is a service provided by Team17 that commences immediately upon acceptance by Team17 of your purchase as described above. By ordering Virtual Items you agree and accept that Team17 will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase a product or service from Team17, you have the right to withdraw from 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 of withdrawal is lost as the performance of our services begins immediately once your purchase is completed
We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service.
In the event your account or access to the Services is terminated, suspended or cancelled, whether by you or by Team17, you will not be entitled to any refund nor will any credits or in-game items (e.g. points in an online game) be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend and of your other accounts.
8. Acceptance and Amendments
You hereby acknowledge that you have read and understand the foregoing Terms and agree that the action of using the Service is an acknowledgement of your agreement to be bound by these Terms. You also acknowledge and agree that these Terms are the complete and exclusive statement of the agreement between Team17 and you and that these Terms supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Team17 and you, including any inconsistent written license agreement accompanying the Service.
Team17 may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from our software and website.
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.
10. Applicable Law
To the maximum extent permitted by the local law applicable in the country in which you obtain or use them, the Service, and these Terms are subject to English Law. In the event that English Law cannot apply in the country you obtained or use the Service local law will apply. The Service is intended for use and may only be used in countries where all such use is lawful.
© 2012 Team17 Digital Limited. All rights reserved.
Worms™ and all other trademarks and registered trademarks are the properties of their respective owners.
Team17 Digital Limited
Calder Island Way