These terms of service (“TOS”) govern the relationship between you and Redhill Games Ltd (“Redhill” or “we”) regarding the use of Redhill’s games, software, website or other related services (“Services”). The use of the Services is also governed by our Privacy Policy incorporated hereunder by reference.

BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TOS. IF YOU DO NOT AGREE TO THESE TOS, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES.

Redhill may issue additional policies related to specific parts of the Services, including but not limited to, forums or contests, and your right to use such services is subject to the relevant policies and these TOS.

FOR UNITED STATES RESIDENTS, THESE TOS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS-ACTION WAIVER THAT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ THE SECTION CONCERNING THIS CAREFULLY. EXCEPT WHERE YOU OPT OUT, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THESE TOS, YOU AGREE THAT ANY DISPUTES ARISING BETWEEN YOU AND REDHILL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. RIGHT TO USE THE SERVICES

Subject to these TOS, Redhill hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable right and license to install and use the Services for your personal, non-commercial use for gameplay on a single computer or device only.

All rights not expressly granted herein in these TOS are reserved by Redhill. Redhill retains all right, title and interest in and to the Services, including but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. You have no right or title in to any content that appears in the Services (including but not limited to In-Game Items as defined below). Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Redhill’s prior written approval.

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Redhill.

2. ACCOUNT AND LOGIN INFORMATION

You may need to create an account to access and use the Services (“Account“). You need to select a username that is not improper or offensive and is in line with these TOS (“Login Information”). When creating the Account to access the Services, you need to provide certain information to Redhill as set forth in the Privacy Policy.

If you are under the age of 18 or otherwise do not have the authority to enter into legal agreements such as these TOS and the Privacy Policy, your legal guardian must review and agree to both of such terms. By creating an Account or otherwise using the Services, you affirm that you are the age of 18 or older or that your legal guardian has familiarized themselves with the age ratings of Redhill games as well as accepted these TOS and the Privacy Policy on your behalf. You agree not to knowingly allow any individual under the age of 18 to use or access the Services without the supervision of their legal guardian.

Your Account is personal to you and cannot be transferred in any way to any other user. You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases.

Redhill reserves the right to delete your Account. In such event, you may no longer be able to access and/or use any In-game Items (as defined below) associated with that Account and no refund will be offered to you.

You may request information about your Account by sending an e-mail at support@redhillgames.com.

3. PURCHASE OF IN-GAME ITEMS

The Services are free to use in accordance with these TOS but may contain features that may allow you to make purchases within the Services.

You may be able to purchase and license certain virtual goods to be used within the Services (“In-game Items”). In-game Items are licensed on a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use. We may manage, control, alter, modify or eliminate In-game Items in whole or in part at any time in our sole discretion, with or without notice to you, and we shall have no liability to you or any third party in case we exercise any such rights.

In-Game Items are provided as a part of the Services immediately when you subscribe or purchase such Services. Therefore, by paying the applicable fees for such In-Game Items, you waive any possible statutory right of withdrawal or right of cancellation or “cooling off” period, and if the applicable statutory law does not allow waiving thereof, you agree that such withdrawal right expires immediately upon use of your In-Game Item, as permitted by applicable law.

ALL PURCHASES OF IN-GAME ITEMS THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE. PRICE, OTHER APPLICABLE CHARGES AND AVAILABILITY OF IN-GAME ITEMS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE ARE NOT LIABLE FOR PROVIDING ANY REFUND FOR ANY REASON, AND YOU ARE NOT ENTITLED TO RECEIVE COMPENSATION OF ANY KIND FOR UNUSED VIRTUAL GOODS WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

IF YOU ASK FOR YOUR PERSONAL DATA TO BE DELETED AS DESCRIBED IN OUR PRIVACY POLICY, YOU WILL PERMANENTLY FORFEIT ALL OF YOUR IN-GAME ITEMS WITHOUT THE RIGHT TO REFUND, AS WE WILL NO LONGER BE ABLE TO ASSOCIATE SUCH IN-GAME ITEMS WITH YOU.

4. USER CONTENT

You may be able to generate and create certain content while using the Services, which may include but is not limited to characters, designs, images, sounds, communications or other material or information that you use, upload or transmit through our Services (“User Content”). You are solely responsible for your User Content.

Redhill has the right, but not the obligation, in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content without notice for any reason or for no reason at any time. If at any time Redhill chooses, in its sole discretion, to monitor the Services, Redhill nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content.

You hereby grant to Redhill a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Content in any way and for any purposes including, but not limited to, the right to use, reproduce, copy, adapt, modify, digitally perform, distribute, manufacture, create derivate works of, translate, commercialize, exploit (including but not limited to your name, likeness and any other information or material included in or used in connection of any User Content), perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Content without any further notice or compensation or obligation to you of any kind. You hereby waive any moral rights you may have in your User Content with respect of our use of the User Content to the maximum extent permitted by applicable laws, and if the applicable statutory law does not allow waiving thereof, you irrevocably agree not to exercise such possible rights in any manner that would interfere with Redhill’s exercise of the granted rights.

Redhill does not claim any ownership rights in your User Content, and nothing in these TOS is intended to restrict any rights that you may have to use and exploit your User Content. Redhill has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

5. LIMITATIONS TO THE RIGHT TO USE SERVICES

If you do not use the Services in accordance with these limitations, we may take actions as a result, which may include terminating your Account and prohibiting you from using our Services or parts of our Services.

You shall not:

• use the Services in violation of any applicable law or regulation,
• use or take part, directly or indirectly, in the use of any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services or any Redhill game,
• disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services,
• make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other rights of any person or entity,
• attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Redhill, or to obtain any information from the Services using any method not expressly permitted by Redhill,
• disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Services,
• post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously or otherwise objectionable or offensive or engage in ongoing toxic behaviour, such as by repeatedly posting information on an unsolicited basis,
• post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content,
• harass, abuse or harm, or attempt thereof, or support or incite any harassment, abuse or harm of another person, including but not limited to Redhill gamers or employees,
• impersonate any Redhill employee or falsely present yourself as a representative of Redhill or another player, character or anyone else for any reason;
• attempt to gain unauthorized access to the Services, to accounts registered to others or the computers, servers, or networks connected to the Services including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying, any security, technology, device, encryption, or software that is part of the Services,
• solicit or attempt to solicit login information or personal information from any other users of the Services or any Redhill game, or collect or post in any form any user’s private information (including but not limited to identification or financial information), or
• engage in any act that Redhill deems to conflict with the intent or spirit of the Services. Redhill reserves the right to determine which acts it considers violating the intent or spirit of the Services.

6. TERMINATION OF ACCOUNT SERVICES

Without limiting any other remedies available to us, if we believe that you are in breach of these TOS, we reserve the right at our sole discretion, either with or without notice to you, limit or suspend or prohibit your access to the Services, and/or modify or remove any of your In-game Items and/or close your Account or parts of your Account and terminate these TOS between you and Redhill.

We reserve the right to stop offering and/or supporting the Services or part of the Services at any time, at which point your right to use the Services or part of the Services will terminate automatically. In such an event, we shall not be required to provide any refunds, benefits or other compensation.

You may close your Account at any time and for any reason by informing us by sending an e-mail at support@redhillgames.com.

7. THIRD-PARTY SERVICES

Services may include links to third-party websites or services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via Services. These services are subject to respective third-party terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the relevant third-party service provider to which Redhill is not a party. If you provide data to such third parties, you are providing it in accordance with their privacy policy (if any), and you understand our Privacy Policy does not apply to such data.

8. PHOTOSENSITIVE SEIZURE AND EPILEPSY WARNING

Certain people may experience epileptic seizures or blackouts when exposed to certain flashing lights or light patterns. Exposure to certain patterns or backgrounds on monitor images or playing certain games may trigger epileptic seizures or blackouts to such people, even without previously detected epileptic symptoms or medical history of epilepsy. If you or anyone in your family has ever had symptoms related to epilepsy or seizures of any kind, consult your doctor before playing. The parents and legal guardians are advised to monitor the game play of their underaged children. IMMEDIATELY DISCONTINUE to play the game and consult your doctor if you or your child experience any of the following symptoms: dizziness, altered vision, eye or muscle twitches, loss of consciousness, disorientation, seizures or any involuntary movement or convulsion. Resume game play only on approval of your doctor.

When playing, ensure that you have taken necessary standard health and safety precautions into account, such as using a well-lit environment far away from the screen, avoiding too large television screens, taking a 15-minute break every hour and avoiding playing the game when you are tired or need sleep.

9. DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. REDHILL DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REDHILL SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TOS OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REDHILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, REDHILL SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO REDHILL IN ACCORDANCE WITH THESE TOS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO REDHILL DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND REDHILL’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH REDHILL IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the above limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer.

You agree to indemnify, defend and hold Redhill (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Services, or any breach by you of these TOS, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.

11. UPDATES TO THE SERVICES

We are constantly developing our Services. We may update the Services with or without notifying you and subsequently require that you accept updates to the Services (including but not limited to our games you have installed on your devices). You may also need to update third-party software from time to time in order to receive the Services and play our games.

12. CHANGES TO THESE TOS

We may update these TOS from time to time in response to changing legal, technical or business developments. When we update these TOS, we will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes we make.

By continuing to access or use the Services after updates become effective, you will be deemed to have accepted the amended terms and agree to be bound by the updated TOS.

13. GOVERNING LAW

If you are a resident outside the United States, you agree that all disputes between you and Redhill shall be governed by the laws of Finland, regardless of conflict of law provisions. You agree that any claim or dispute you file against Redhill shall be resolved by the District Court of Helsinki, Finland as the first instance.

If you are a United States resident, these TOS are governed by the laws of the State of California and applicable federal laws regardless of conflict of law provisions.

If the jurisdiction of your domicile prohibits Redhill from enforcing the governing law provisions, nothing in these TOS limits your rights based on the laws governing your domicile.

14. ASSIGNMENT

Redhill may assign these TOS or part of these TOS to a third party without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Policy to any third party without Redhill’s prior written consent.

15. SEVERABILITY

If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Redhill’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.

16. ENTIRE AGREEMENT

These TOS and the Privacy Policy, as well as any supplemental policies and any documents expressly incorporated by reference herein, set out the entire agreement between you and Redhill regarding the Services and supersede all earlier agreements and understandings between you and Redhill.

Any failure by Redhill to exercise or enforce any of its rights under these TOS or the Privacy Policy does not waive its right to enforce such right. Any waiver of such rights shall only be effective in writing.

17. CONTACT US

If you have any questions about these TOS, please contact support@redhillgames.com.