Your use of the N-Gage App and site (“services” or “our services”) is subject to these Terms.
“N-Gage App” means the N-Gage mobile Application, including the N-Gage Messenger and all the content, information and data provided by us through the N-Gage Messenger and includes any upgrades to the N-GageApplication and any other software, N-Gage App or documentation which enables the use of the N-Gage App to be used onAndroid/Apple/Blackberry/Windows devices.
“Site” means www.n-gage.com and includes any upgrades and any other software or documentation which enables its use.
By using our services, you are agreeing to be bound by these Terms of Service between you, a user of our services and N-Gage Limited, Company no.[Insert Company No], with our registered office at [Insert Address] (“N-Gage”, “we”, “our” and “us” and other related pronouns)
If you are under the age of 13, you must not use our services. If you are between the ages of 13 and 18 (or the relevant age in your jurisdiction where you are considered a minor), your parent or guardian must agree to these Terms (both for themselves and on your behalf) before you can use our services.
If you are using our services on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms and in such circumstances “you” will include your Organisation.
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable law).
The following are additional policies that you must comply with in using our services:
Additional country-specific terms
If you are a citizen or a habitual resident of the following countries, the following country-specific terms will also apply to your use of our services:
To the extent that any additional terms of service or policies are different from these Terms, the relevant additional terms of service or additional policies will apply, except that nothing in those additional terms of service or policies will (unless expressly indicated otherwise in those additional terms of service or policies) amend the following sections of these Terms (which will apply in the event there is any difference):
However, to the extent that any country-specific terms differ from these Terms or any additional terms of service or policies, the relevant country-specific terms will apply, regardless of which section of these Terms is in question.
We may make changes to these Terms over time, so please come back and review them.
In addition, as our services and user experience are constantly evolving, we may from time to time (and to the extent permitted by applicable law) add, change or remove features from our services (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
Where we consider that any changes to these Terms or our services are reasonably material, we will notify you (via ,www.n-gage.com, direct communication to you, or other means), prior to the change becoming effective. By continuing to use our services after we make any changes to these Terms or our services, with or without notice from us, you are agreeing to be bound by the revised Terms.
Subject to the Terms and compliance of the Terms hereof N-Gage shall grant You a license to use the N-Gage App and related services provided that (a) You shall use the N-Gage App solely for Your personal and lawful use only; (b) You will not, nor allow third parties on Your behalf (i) to resell or charge others for use of the N-Gage App (ii) to duplicate, disassemble, decompile, transfer, exchange or translate the N-Gage App, create derivative works of the N-Gage App of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the N-Gage App; and (c) You warrant to otherwise comply with the terms and conditions of this Agreement (the “License”).
For avoidance of any doubt this License is a personal, nonexclusive, nontransferable, non-sub licensable, revocable and a limited license to download and use the N-Gage App on a mobile or computer device that You own or control.
N-Gage reserves the right at any time and from time to time to interrupt, restrict (without cause and without notice to You), modify or discontinue, temporarily or permanently, the Site, and/or the N-Gage App (or any part thereof) with or without any notice. You agree that N-Gage shall not be liable to You or to any third party for any modification, suspension or discontinuance of the N-Gage App or the Site. Provided that if we permanently delete or discontinue a service for which you have paid a fee or charge in order to be able to use that service for a specific portion of time and are not in breach of these terms, You may be entitled to a refund of all or a portion of the amount you paid for the right to use the Service
You will need to create an account with us in order to access and use some of our services.
Any account you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within our services remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding any passwords used to access your account and our services, and (ii) all use of our services under your account. You must promptly notify us at email@example.com if you know or suspect that your password or account has been compromised.
We reserve the right at any time, with notice to you, to immediately permanently discontinue or delete your account with us for your non-compliance with the N-Gage Acceptable Use Policy.
Our services may offer methods for deactivating your service-specific account – please refer to the relevant service for further guidance.
Once you have downloaded the N-Gage App, you can message, chat with and call any other N-Gage App user for free. In addition, you are offered the opportunity to access additional features and become a premium user on payment of certain charges from time to time. If you are acquiring the premium features for a fixed period of time, then the license set out above for use of such premium features applies only for the time period for which you have paid the requisite charges or fees. Your license to use the premium features after the expiry of such time period is conditional upon payment of the requisite fees or charges. We will notify you seven (7) days prior to the expiry of the time period for which you have paid the requisite charges and fees. You must comply with the terms of payment as contained herein in relation to your payments with us.
If you choose to access certain additional features and become a premium member you must provide your name and billing information so that your payment for the use of such additional features can be processed.
A valid credit card is required for all paying accounts. The premium feature will be billed in full in advance. There will be no refunds or credits for partial months of use of the premium feature or refunds for months unused with an open account.
You may also make payment for using the additional features on the Site. In order to purchase the premium features, you will be required to provide your credit card information and other details in order to process the payments. We make use of encryption technology to protect your personal information and take appropriate measures to comply with the relevant data protection laws.
Once the payment for a premium or additional feature has been processed, you will be able to immediately access and use such feature.
If you believe that we have charged you in error, you must contact us within thirty (30) days of such charge. No refunds will be given for any charges more than 30 days old.
We reserve the right to refuse a refund request if we reasonably believe (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature; (ii) if you are in breach of the terms of this License; or (iii) if we reasonably suspect that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our services (“Your Content”), you understand and agree that:
You understand that even if you seek to delete Your Content from our services, it may as a technical and administrative matter take some time or not be possible to achieve this.
Responsibility for Your Content
You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times. You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our services, including content provided by other users of our services or by our advertisers. You acknowledge and agree that by using our services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our services by you is at your own risk. Your use of our services does not give you any rights in or to any content you may access or obtain in connection with your use of our services.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available or linked through our services and we will bear no responsibility for such third party services. If you access third party services through our services, you must comply with any terms and conditions applicable to those services.
We may review (but make no commitment to review) content or third party services made available through our services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our services.
There may be, from time to time, third party content and services on our services that are subject to further terms, including terms from the relevant third party that originally produced such content and services (for instance, the news agency that was responsible for writing a news article that then appears on our news service). In such cases, you agree to comply with any such further terms and conditions as notified to you.
If you have any concerns regarding any content on or any other aspects of our services, please contact firstname.lastname@example.org
We may use your information for the purpose of sending you advertising or direct marketing (whether by messaging within our services, by email or by other means) that offer or advertise products and services of ours and/or selected third parties. Such products and services include:
Please note that we will not share your personal information with advertisers unless you have given us your consent to do so. We do, however, share non-personal information with advertisers for the purposes of offering you advertising that is more relevant to you.
All intellectual property rights in or to our services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names (for example, “N-Gage”, “Lifeseeds”, “DGDollar” or “Wavemarc”) , logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
Where our services involve you downloading and using any software from us, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, royalty-free and revocable license to use the software in order to use our services in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device).
You may not copy, modify, reverse, compile, reverse, engineer or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you will first contact us to request the information you need.
We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.
The “Third Party Content and Services” section above applies to any software supplied by third parties (including but not limited to any software, plug-ins, tools, codecs, data and content within such software) for use in connection with, or incorporated within, our services ("Third Party Software"), including your use of such Third Party Software.
In addition to that section, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at your own risk.
You must comply with any additional terms and conditions applicable to any such Third Party Software. We will notify you of any such additional terms and conditions within our services, within an Appendix to these Terms and/or in another manner.
We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.
Further to the "Third Party Software" section above, our services may use software that is subject to “open source” licenses (the “Open Source Software”). Where we use such Open Source Software, please note that:
We warrant to you that we will provide our services using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES NOR ANY OF OUR DIRECTORS AND OFFICERS MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, THE GENERAL END USER LICENCE AGREEMENT OR OUR SERVICES OR SOFTWARE, ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF OUR SERVICE OR SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) GBP25.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE IN CONNECTION WITH THESE TERMSOR OUR SERVICES OR SOFTWARE FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF OUR SERVICES OR SOFTWARE; (VI) YOUR USE OF OUR SERVICES OR SOFTWARE IN BREACH OF THESE TERMS OR THE GENERAL END USER LICENCE AGREEMENT; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY. NOR WILL WE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANISATION, IF YOU ARE USING OUR SERVICES OR SOFTWARE ON BEHALF OF SUCH ORGANISATION) INDEMNIFY US, OUR PARTNERS AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF OUR SERVICES OR SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS OR ANY TERMS OF THE GENERAL END USER LICENCE AGREEMENT.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of our services or software.
This Agreement commences on the date You accept these Terms, that is, on the date you download and install the N-Gage App on your particular device. N-Gage may terminate or suspend your use of the N-Gage App or the Site at any time in its discretion, without notice to You.
These Terms will apply to your use of our services until access to the relevant services is terminated by either you or us.
We may suspend or terminate your access to your account or any or all of our services: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use our services for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give you notice of any suspension or termination.
The Contract is binding on you and us and on our respective successors and assigns.
You shall not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
These terms and conditions and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
You and we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
The headings in these terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions operate to the fullest extent permissible by law.
If any provision of these terms and conditions is found to be unlawful, void or unenforceable, that provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
We have the right to revise and amend these terms from time to time.You agree that at any point of time, you will be subject to the Terms as last revised and in force.
These Terms are the entire agreement between you and us in relation to our services. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the England and Wales, United Kingdom.
This Agreement shall be governed by the laws of England and Wales. You irrevocably consent to the exclusive jurisdiction of courts in England, United Kingdom for all disputes arising out of or relating to this Agreement.
If you are a user of our services in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
If you are a user of our services in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option: