PLEASE READ CAREFULLY BEFORE DOWNLOADING BOOMDASH DIGITAL CONTENT.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and BOOMDASH DIGITAL LIMITED, Westminster House, 10 Westminster Road, Macclesfield, SK10 1BX (Licensor, us or we).
We licence use of the Games to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site the End-user downloaded the Games (Appstore Rules). We do not sell the Games to you. We remain the owners of the Games at all times.
- If you do not agree to the terms of this licence, we will not license the Games to you and you must stop the downloading process now by clicking on the “Cancel” button below. In this case the downloading process will terminate.
- As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the Games.
- However, you will lose the right to cancel the transaction once you begin to download the Games.
- This does not affect your consumer rights for an app that is defective.
1.1 The terms of this EULA apply to the Games or any of the services accessible through the Games (Services), including any updates or supplements to the Games, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Games or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the Games or log onto www.boomdashdigital.com. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the Games may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the Games and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the Games onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Games or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 By using the Games or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7 You are responsible for the internet connection and/or mobile charges that you may incur for playing our Games. You should ask your mobile operator if you are unsure what these charges will be, before you play.
1.8 Certain Services will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the Games on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings.
1.9 The Games or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.10 You are solely responsible for your interactions with other users of our Games.
2. Grant and scope of licence
2.2 You may:
(a) download or stream a copy of the Games onto a single device and to view, use and display the Games on the Devices for your personal purposes only; and
(b) use the Documents for your personal purposes only.
2.3 You are responsible for the internet connection and/or mobile charges that you may incur for playing our Games. You should ask your mobile operator if you are unsure what these charges will be, before you play.
3. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the Games except where such copying is incidental to normal use of the Games, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Games;
(c) not to make alterations to, or modifications of, the whole or any part of the Games, or permit the Games or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Games or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Games with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Games with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the Games;
(e) to keep all copies of the Games secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Games;
(f) to include our copyright notice on all entire and partial copies you make of the Games on any medium;
(g) not to provide or otherwise make available the Games in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Games or any Service (Technology), together Licence Restrictions.
4. Acceptable use restrictions
(a) not use the Games or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Games, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Games or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Games or any Service;
(d) not use the Games or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the Games and the Technology anywhere in the world belong to us or our licensors, that rights in the Games are licensed (not sold) to you, and that you have no rights in, or to, the Games or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the Games in source-code form.
6. Virtual currency and goods
6.1 Our Games may include virtual currencies such as coins, gold coins and points (“ Virtual Money”) or items or services for use with our Games (“ Virtual Goods”). You can buy Virtual Money from us for real money if you are at least 18 years old. If you are over 18 years old you may also be able to buy Virtual Goods for real money and/or other credits. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
6.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Goods or Virtual Money does not reflect any stored value.
6.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases. However, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
6.4 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods at any time, without any liability to you.
6.5 Without limiting paragraph 7.5, if we suspend or terminate your account in accordance with paragraph 7 of these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
7. User accounts/credentials
7.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Games to interact with.
7.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
7.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and playing our Games and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
7.4 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
7.5 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).
8. Limited warranty and support
8.1 We warrant that:
(a) the Games will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
(b) that the Documents correctly describe the operation of the Games in all material respects,
for a period of 60 days from the date on which the Games is downloaded or streamed to the Devices (Warranty Period).
8.2 If within the Warranty Period you notify us in writing of any defect or fault in the Games as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to a refund of the purchase price.
8.3 The warranty does not apply:
(a) if the defect or fault in the Games or any Service results from you having amended the Games;
(b) if the defect or fault in the Games results from you having used the Games in contravention of the terms of this EULA;
(c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
8.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
9. Limitation of liability
9.1 You acknowledge that the Games has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Games meet your requirements.
9.2 We only supply the Games for domestic and private use. You agree not to use the Games for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 9.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
9.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the price paid for the Games. This does not apply to the types of loss set out in condition 9.5.
9.5 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
10.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
10.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) you must immediately delete or remove the Games from all Devices, and immediately destroy all copies of the Games then in your possession, custody or control and certify to us that you have done so;
(d) we may remotely access the Devices and remove the Games from all of them and cease providing you with access to the Services.
11. Communication between us
11.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail. We will confirm receipt of this by contacting you in writing, normally by e-mail.
11.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the Games.
12. Other important terms
12.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
12.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
12.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
These terms were last updated on 8th February 2018.