Terms and Conditions

Terms and Conditions

NotGames LLP Terms and Conditions

1) Parties

These terms and conditions bind any and all customers and/or purchasers of any product and/or service from and/or for the NotGames Limited Liability Partnership (hereafter, NotGames).
2) Terms

2.1
Upon purchase of any product from NotGames LLP, the purchaser agrees to be irrevocably bound by the following terms and conditions (this does not affect their statutory rights).

2.2
These terms and conditions (“Terms”) apply to all and any use of the web site available at www.NotGames.co.uk and its content (“Product”) including without limitation any games (or other interactive content, or other purchasable content) available for play or download from NotGames.co.uk, and any games (or other interactive content) uploaded, submitted, posted or otherwise placed on NotGames.co.uk (“Games”), together with all and any comments, postings, emails, messages and other communications made to or using it or any message board or similar services run or made available on or through NotGames.co.uk (“Communications”).

2.3
Certain Games may be subject to additional terms and conditions of use as set out in their applicable user licence agreement. Unless explicitly stated otherwise, the purchase of a product and/or service from NotGames is presumed for personal use only as stated in the default Licence greement, and any other use without NotGames prior permission is considered theft of property and appropriation of rights, with the relevant party being liable for damages.

2.4
By using NotGames.co.uk or any products thereof, or any product distributed by a third party for NotGames, you undertake that you understand, accept and are able to accept these Terms and agree to be bound by these Terms.

2.5
If you do not accept or understand these Terms you should not use NotGames.co.uk or any part of it including without limitation by using, posting or accessing the Games or Communications.

2.6
(a)
If you are a minor or don’t understand these terms please ask a parent or guardian to explain their meaning to you.

(b)
NotGames products and/or services may appropriate only for certain age groups. Upon purchasing any product and/or service from NotGames which has an age restriction, the purchaser agrees that they are located within said age group, and NotGames accepts no responsibility or liability for any persons who fraudulently purchase the game on the pretence of being a different age.

2.7
(a)
All of the clauses within these Terms and Conditions are subject to change at the complete discretion, without notice, of NotGames.

(b)
These variations shall become effective immediately upon being accessible from www.NotGames.co.uk.
3) Third Party Sites

3.1
Third party web sites with links from or to NotGames.co.uk have not been verified or reviewed by NotGames and use and access of such third party web sites is made at your own risk.

3.2
You may be required to set up an account in order to use certain features of NotGames.co.uk, including setting up a username and password. Any username and password issued to you is personal to you, so that you can use and access NotGames.co.uk and must not be disclosed to any third party without NotGames’ prior written consent or let anyone other than you use your account.

3.3
All email and other communications sent by NotGames and attachments thereto are intended only for the addressee and/or others authorised to receive them.
4) Copyright, Trade Marks and other Intellectual Property Rights

4.1
All copyright, design rights, database right and other like rights in the NotGames.co.uk web site design and software belong to and vest in NotGames, or are licensed to NotGames unless otherwise specified. All such rights of NotGames are hereby asserted and reserved.

4.2
In respect of NotGames.co.uk, the Games and any Communications you shall not:

(a)
Hack, attempt to hack, distribute, modify, transmit, re-use, re-post, or use any, all or part of them or the information contained therein for any purpose other than as set out above;

(b)
Make any commercial use without NotGames’ prior written consent;

(b)
Provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without NotGames’ prior written permission;

(c)
Display, publish, copy, print, post or otherwise use them and the information contained therein for the benefit of any third party or web site without NotGames’ prior written consent;

(d)
Process or otherwise use the information contained on or within them for any illegal or immoral purpose or use or process the same unfairly.

4.3
You must retain all copyright notices and other proprietary notices contained on NotGames.co.uk, the Games and any Communications.

4.4
All third party copyright, design rights, database rights, patents, trade names and trade marks are the property of their respective owners and NotGames makes no warranty or representation in relation thereto.

4.5
By “Intellectual Property Rights” what is meant is all ownership rights and interests in 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 thereof and other like rights.

4.6
All Content, including Games uploaded, submitted, posted or otherwise placed on NotGames.co.uk by users shall be subject to the terms and conditions of the software products used for their development. In the case of those developed using and based on the software product known as Game Maker (“Game Maker Software”), the Game Maker Software end user licence agreement specifically applies.

4.7
Except for those parts and elements which belong to and vest in YoYo Games, including without limitation those which form part of, are derived from or are modifications of the Game Maker Software, NotGames will be responsible for the Content , including Games and we accept that full responsibility and liability for the Content, including Games rests solely with us. YoYo Games shall have no liability in relation thereto.

4.8
By uploading, submitting, posting or otherwise placing any Content, including Games on NotGames.co.uk you expressly agree and confirm that:

(a)
You are not a minor or else have your parent’s or guardian’s permission to do so on these Terms and agree these Terms;

(b)
You have read and agreed to these Terms and understand them or have had them explained by a parent or guardian who does so;

(c)
Your Content, including Games may be used on and in connection with NotGames.co.uk;

(d)
Your username may be advertised and used in connection with your Content, including Games;

(e)
By posting or uploading any content whatsoever on, or emailing it to, NotGames.co.uk, NotGames gains complete ownership of all ownership rights of said content, retrospectively, and all intellectual property rights for the same, unless explicitly stated otherwise in the content itself.

(f)
You have the right grant this license and permission;

(g)
You own or have proper licences, permissions and other consents in place, in respect of all features and resources used in the content, including Games;

(h)
Any Content, including Games or Communication you submit and the use of it as envisaged by these Terms does not and will not infringe any third party Intellectual Property Rights or other rights;

(i)
You are entitled to grant the rights granted and you are not under any contractual or other obligations preventing you from doing so;

(j)
You have received all necessary permissions and consent required for the use of any Content, including Games or Communication by NotGames, as described in these terms and conditions;

(k)
That you have not granted any other person any rights that are inconsistent with the licence granted above.

4.9
NotGames retains all intellectual property and ownership rights, regardless of any transaction made, unless explicitly stated otherwise within a contract.

4.10
The purchase of any product confers no right on the customer to replicate, produce, or otherwise create said product or any other product by NotGames for any purpose, including but not limited to distribution, advertisement, or recreational use.

4.11
The purchase of any product confers no right or entitlement to the customer to any action with regard to NotGames, nor association thereof, or any further action on the part of NotGames bar the provision of product and or services paid for.

4.12
Purchase of one or more product and/or service from NotGames does not entitle the purchaser to any other products and/or services than those explicitly purchased.

4.13
All content within any NotGames product, unless explicitly stated otherwise, is solely owned by NotGames, and they withhold any and all rights with regard to its use, excepting that which the product and/or service has been purchased for.
5) Use of NotGames.co.uk and Games

5.1
You may download and use NotGames.co.uk and the Content, including Games on it solely for your private, non-commercial, personal use only.

5.2
You may not transfer, sub-license or deal in this right without NotGames’ prior written permission.

5.3
Therefore, you agree not to:

(a)
Use NotGames.co.uk or any Games that you download for any commercial or business purpose;

(b)
Include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in your initial postings on NotGames.co.uk (this material can be shared after you have set up and account);

(c)
Use your access to NotGames.co.uk, or information gathered from it, for the sending of unsolicited bulk email or any spam.
6) Liability

6.1
NotGames provides and maintains NotGames.co.uk for personal entertainment, on an “as is” basis.

6.2
NotGames shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with NotGames.co.uk.

6.3
Subject as aforesaid, to the maximum extent permitted by law, NotGames 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 NotGames and NotGames shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

(a)
Any incorrect or inaccurate information on NotGames.co.uk and all interruptions to or delays in updating the service;

(b)
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of NotGames.co.uk;

(c)
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading NotGames.co.uk, Games or Communications or from transmissions via emails or attachments received from NotGames or its licensees;

(d)
The availability, quality, content or nature of the other sites on the internet that are owned and operated by third parties (“External Sites”) to which NotGames.co.uk link and web site located on or through any External Site nor for any transactions involving External Sites (including as to ‘cookies’, personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;

(e)
All representations, warranties, conditions and other terms which but for this notice would have effect.

6.4
NotGames does not warrant that the operation of the NotGames.co.uk will be uninterrupted or error free.

6.5
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit NotGames’ liability for death or personal injury resulting from its negligence nor any fraudulent representation.

6.6
Certain content within products and/or services sold and/or performed and/or distributed by NotGames may be considered offensive by certain peoples. Such content is intended for comedic purposes only, and NotGames accepts no responsibility or liability for any offense cause.

6.7
Any views expressed within any content within any product and/or service provided by NotGames are, unless explicitly stated otherwise, produced for comedic value only, and do not represent the views of NotGames or any associates thereof.
7) Termination

7.1
NotGames shall be entitled to remove, cancel or suspend access to and use of NotGames.co.uk and the Games and Communications on it upon your breach of any part of these Terms whatsoever.

7.2
Termination shall be without prejudice to the accrued rights of NotGames.

7.3
NotGames will not be liable in any amount for failure to perform any obligation under this agreement 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.
8) General

8.1
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 (but subject to your statutory and common law consumer rights).

8.2
NotGames acts as principal on its own account and not as an agent for you or any other person.

8.3
If NotGames does not enforce any provision of this agreement such will not be considered a waiver of any provision or right.

8.4
In the event that any part of these terms and conditions is held to be unenforceable, such part will at NotGames’ option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.

8.5
These terms and conditions constitute the entire agreement between you and NotGames and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.

8.6
Use of NotGames and these terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.

8.7
NotGames.co.uk is intended for and directed at the UK and no representation or warranty is made as to whether NotGames.co.uk complies with the regulatory regime and local laws of any other countries.

8.8
By using NotGames.co.uk you undertake that you have the necessary hardware, software and capability required for its use including in relation to Games, Communications, email and web usage.
9) Refunds

9.1
Under the Sale of Goods Act, software purchased online cannot be returned unless it’s not fit for purpose e.g. faulty. If the software is faulty our website where we can address your query.

9.2
Unless explicitly stated otherwise, NotGames will not provide a refund on any products and/or services it provides, but may provide credit instead, entirely at their own discretion.
10) Cancellations

If you have not sent any payment, you may cancel your order at any time. Please contact us via the website to process cancellations.
11) About NotGames

All questions, comments or enquiries should be directed to NotGames at Jay@NotGames.co.uk or via the website.

NotGames Limited Liability Partnership, 18 Overthrope Close, Knaphill, Surrey, England, UK, GU21 2LA