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1. INTRODUCTION
1.1
These are the terms and conditions (the “T&Cs”) Devolver Digital, Inc. and Pastagames SARL (“we”, “us” or “our”) use to govern our game KarmaZoo (the “Game”).
1.2
These T&Cs should be read together with our Code of Conduct below.
1.3
If you don’t want to or cannot agree to these T&Cs, then you must not buy, download, use or play the Game. By buying, downloading, installing, updating, using or playing the Game, or by clicking ‘accept’, ‘start’ or similar (where applicable), you agree to these T&Cs.
1.4
Where applicable, the Stores may allow you to get a refund in respect of or in connection with the Game. You should contact the Store through which you made a purchase, where applicable, in the event that you desire a refund.
1.5
Users must be at least six years old in order to use the Game. In addition, if you are under the age of 18, you must have your parent or legal guardian’s consent to your use the Game and your parent or legal guardian must agree to these T&Cs.
2. SUMMARY
2.1
These T&Cs are a legal agreement between us and you, so please read them carefully.
2.2
These T&Cs describe how you are permitted to use the Game.
2.3
If you breach these terms and conditions, we may stop you using the Game, contact you regarding your use of it or exercise other remedies that we have available to us at law or in equity.
2.4
The Game is provided on an ‘as is’ basis, and we make no (and hereby disclaim any and all) representations and warranties with respect to it, to the extent permitted by applicable law.
2.5
These T&Cs may change from time to time. Please check back with us periodically to make sure that you’re aware of the latest version.
3. WHAT YOU CAN DO
3.1
As long as you follow the rest of the terms and conditions in these T&Cs and the Code of Conduct, you can use the Game in the following ways:
3.1.1 - To play the Game. We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal, non-commercial use for gameplay in accordance with these T&Cs. We do not grant you ownership of the Game itself.
3.1.2
To share screenshots and videos of your gameplay on your social media.
3.1.3
To use upgrades, updates and additional Game-related content which we may make available from time to time (although we are not obliged to provide that or any updates, upgrades or support).
4. WHAT YOU CANNOT DO
4.1
We use commercially reasonable endeavours to protect our Game and our users, and it is important that the Game is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct that violates the terms or spirit of these T&Cs or our Code of Conduct.
4.2
You should refer to our Code of Conduct below for rules around what you cannot do with and in our game.
4.3
We may make additional usage rules and guidance available to you, which may provide additional rules and guidance about your use of our Game. We require that you comply with these rules so that we can properly operate our Game and to ensure that our users have a safe and fair experience. To the extent of ambiguity or conflict between the Code of Conduct and these T&Cs, these T&Cs prevail.
4.4
Please make sure you read these T&Cs and the Code of Conduct carefully and understand them. If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs or the Code of Conduct, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
4.5
If you breach these T&Cs or the Code of Conduct, we have the right to suspend, terminate or otherwise take under review your licences granted hereunder.
5. NO USER-GENERATED CONTENT
5.1
The Game does not include any user-generated content, however if that changes then we are not responsible for such content. We may moderate or otherwise check such content in some instances, but we are not required to do so.
6. OUR LIABILITY
6.1
Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in these T&Cs:
6.1.1
Our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
6.1.2
If a paid-for Game does not work when we deliver it to you, we will try to repair or replace it;
6.1.3
if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid to use the Game (where applicable);
6.1.4
if, as a result of the fault, the Game damages your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
6.2
Other than as mentioned above, our overall liability to you is limited to the price you paid to use the Game or, where no price was paid, £1.
6.3
The Game, along with any updates, upgrades and any additional content, is provided ‘as is’. That means we don’t make any promises to you about the Game other than that they will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about the Game.
6.4
We’ll use reasonable skill and care to provide the Game, but can’t guarantee there won’t be any errors, bugs or interruptions to them, or that our Game will not cause any problems with your device.
6.5
If we release a version of the Game which is not yet complete, because we want to give you early access, then you’ll need to bear in mind that it may have some errors, bugs or interruptions.
6.6
Please do let us know straight away if you discover any problems with the Game, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with the Game via the title’s Discord server.
6.7
Any similarities to real world people, events and products or to any copyright works is purely coincidental or is intended purely as satire or parody.
7. PRIVACY
7.1
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information will be provided in our Privacy Policy and it is important that you read that information.
8.
Please take care when disclosing any information about yourself on or through the Game. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information you choose to provide to other users, where our Game include facilities for you to interact with others. We strongly recommend that you exercise caution, act sensibly and not disclose any information which you do not wish to have disseminated into the wider public internet. Any disclosures of your information by you to other users are made by you at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.
9. INTELLECTUAL PROPERTY
9.1
All intellectual property rights in the Game throughout the world belong to us and our licensors, and the rights in the Game is granted to you by way of a limited license (and are not sold) to you. You have no intellectual property rights in, or to, the Game other than the right to use the Game in accordance with these T&Cs on the applicable platform / Store and device. Except as otherwise expressly provided in these T&Cs, all rights are reserved by us and our licensors.
10. STORE TERMS
10.1
The ways in which you can use the Game may be controlled by the relevant Store’s terms and conditions and policies as made available to you by the Store, and these T&Cs do not replace such Store terms. To the extent that there is a conflict between the terms of these T&Cs and the relevant Store’s terms from which you purchased (where applicable) or installed the Game, the Store’s terms shall prevail to the extent of the conflict.
11. OPERATING SYSTEM AND DEVICE REQUIREMENTS
11.1
The Game is provided by us in English and the other languages described on the Stores.
11.2
An internet connection is required to use the Game. Other operating and system requirements apply (such as in respect of operating system and installation memory - depending upon the relevant Platform); information about these requirements will be made available to you, either by Store descriptions, packaging information or through our website.
12. TERMINATION AND SERVICE OUTAGE
12.1
We may temporarily discontinue the Game and any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
12.2
We may end your rights to use the Game at any time in the event that you breach these T&Cs/Code of Conduct. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for the Game, content or services in connection with the Game and your rights have been terminated in accordance with this clause because of your breach of these T&Cs, we will not refund you.
12.3
We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of the Game. If your use of the Game was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the Game, content or services in connection with the Game, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the paid-for Game, we may offer you a partial or full refund.
12.4
Upon your deletion/uninstallation of the Game, any in-Game rankings or scores or other information in connection with the Game services will not be retained or accessible. These may not be recoverable by us once they are deleted or made inaccessible.
13. GENERAL
13.1
These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.
13.2
We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don’t use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the Game that rely on our ongoing online services then the new T&Cs will apply. Please check the in-game T&Cs from time to time in case of updates.
13.3
We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.
13.4
Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.
13.5
In the event we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6
These T&Cs are governed by English law and you can bring proceedings in respect of the Game or these T&Cs in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the Game in either the Scottish or the English courts.
14. COMPANY AND CONTACT INFORMATION
Devolver Digital, Inc. with the registered office at 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808, USA and with company number 4524543.
Email: privacy@devolverdigital.com
© 2023 Devolver Digital, Inc. All Rights Reserved.
1.1
These are the terms and conditions (the “T&Cs”) Devolver Digital, Inc. and Pastagames SARL (“we”, “us” or “our”) use to govern our game KarmaZoo (the “Game”).
1.2
These T&Cs should be read together with our Code of Conduct below.
1.3
If you don’t want to or cannot agree to these T&Cs, then you must not buy, download, use or play the Game. By buying, downloading, installing, updating, using or playing the Game, or by clicking ‘accept’, ‘start’ or similar (where applicable), you agree to these T&Cs.
1.4
Where applicable, the Stores may allow you to get a refund in respect of or in connection with the Game. You should contact the Store through which you made a purchase, where applicable, in the event that you desire a refund.
1.5
Users must be at least six years old in order to use the Game. In addition, if you are under the age of 18, you must have your parent or legal guardian’s consent to your use the Game and your parent or legal guardian must agree to these T&Cs.
2. SUMMARY
2.1
These T&Cs are a legal agreement between us and you, so please read them carefully.
2.2
These T&Cs describe how you are permitted to use the Game.
2.3
If you breach these terms and conditions, we may stop you using the Game, contact you regarding your use of it or exercise other remedies that we have available to us at law or in equity.
2.4
The Game is provided on an ‘as is’ basis, and we make no (and hereby disclaim any and all) representations and warranties with respect to it, to the extent permitted by applicable law.
2.5
These T&Cs may change from time to time. Please check back with us periodically to make sure that you’re aware of the latest version.
3. WHAT YOU CAN DO
3.1
As long as you follow the rest of the terms and conditions in these T&Cs and the Code of Conduct, you can use the Game in the following ways:
3.1.1 - To play the Game. We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal, non-commercial use for gameplay in accordance with these T&Cs. We do not grant you ownership of the Game itself.
3.1.2
To share screenshots and videos of your gameplay on your social media.
3.1.3
To use upgrades, updates and additional Game-related content which we may make available from time to time (although we are not obliged to provide that or any updates, upgrades or support).
4. WHAT YOU CANNOT DO
4.1
We use commercially reasonable endeavours to protect our Game and our users, and it is important that the Game is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct that violates the terms or spirit of these T&Cs or our Code of Conduct.
4.2
You should refer to our Code of Conduct below for rules around what you cannot do with and in our game.
4.3
We may make additional usage rules and guidance available to you, which may provide additional rules and guidance about your use of our Game. We require that you comply with these rules so that we can properly operate our Game and to ensure that our users have a safe and fair experience. To the extent of ambiguity or conflict between the Code of Conduct and these T&Cs, these T&Cs prevail.
4.4
Please make sure you read these T&Cs and the Code of Conduct carefully and understand them. If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs or the Code of Conduct, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
4.5
If you breach these T&Cs or the Code of Conduct, we have the right to suspend, terminate or otherwise take under review your licences granted hereunder.
5. NO USER-GENERATED CONTENT
5.1
The Game does not include any user-generated content, however if that changes then we are not responsible for such content. We may moderate or otherwise check such content in some instances, but we are not required to do so.
6. OUR LIABILITY
6.1
Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in these T&Cs:
6.1.1
Our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
6.1.2
If a paid-for Game does not work when we deliver it to you, we will try to repair or replace it;
6.1.3
if we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money back that you paid to use the Game (where applicable);
6.1.4
if, as a result of the fault, the Game damages your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
6.2
Other than as mentioned above, our overall liability to you is limited to the price you paid to use the Game or, where no price was paid, £1.
6.3
The Game, along with any updates, upgrades and any additional content, is provided ‘as is’. That means we don’t make any promises to you about the Game other than that they will be of satisfactory quality, as described, and fit for purpose. We don’t make any other promises about the Game.
6.4
We’ll use reasonable skill and care to provide the Game, but can’t guarantee there won’t be any errors, bugs or interruptions to them, or that our Game will not cause any problems with your device.
6.5
If we release a version of the Game which is not yet complete, because we want to give you early access, then you’ll need to bear in mind that it may have some errors, bugs or interruptions.
6.6
Please do let us know straight away if you discover any problems with the Game, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with the Game via the title’s Discord server.
6.7
Any similarities to real world people, events and products or to any copyright works is purely coincidental or is intended purely as satire or parody.
7. PRIVACY
7.1
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information will be provided in our Privacy Policy and it is important that you read that information.
8.
Please take care when disclosing any information about yourself on or through the Game. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information you choose to provide to other users, where our Game include facilities for you to interact with others. We strongly recommend that you exercise caution, act sensibly and not disclose any information which you do not wish to have disseminated into the wider public internet. Any disclosures of your information by you to other users are made by you at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.
9. INTELLECTUAL PROPERTY
9.1
All intellectual property rights in the Game throughout the world belong to us and our licensors, and the rights in the Game is granted to you by way of a limited license (and are not sold) to you. You have no intellectual property rights in, or to, the Game other than the right to use the Game in accordance with these T&Cs on the applicable platform / Store and device. Except as otherwise expressly provided in these T&Cs, all rights are reserved by us and our licensors.
10. STORE TERMS
10.1
The ways in which you can use the Game may be controlled by the relevant Store’s terms and conditions and policies as made available to you by the Store, and these T&Cs do not replace such Store terms. To the extent that there is a conflict between the terms of these T&Cs and the relevant Store’s terms from which you purchased (where applicable) or installed the Game, the Store’s terms shall prevail to the extent of the conflict.
11. OPERATING SYSTEM AND DEVICE REQUIREMENTS
11.1
The Game is provided by us in English and the other languages described on the Stores.
11.2
An internet connection is required to use the Game. Other operating and system requirements apply (such as in respect of operating system and installation memory - depending upon the relevant Platform); information about these requirements will be made available to you, either by Store descriptions, packaging information or through our website.
12. TERMINATION AND SERVICE OUTAGE
12.1
We may temporarily discontinue the Game and any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
12.2
We may end your rights to use the Game at any time in the event that you breach these T&Cs/Code of Conduct. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for the Game, content or services in connection with the Game and your rights have been terminated in accordance with this clause because of your breach of these T&Cs, we will not refund you.
12.3
We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of the Game. If your use of the Game was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the Game, content or services in connection with the Game, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the paid-for Game, we may offer you a partial or full refund.
12.4
Upon your deletion/uninstallation of the Game, any in-Game rankings or scores or other information in connection with the Game services will not be retained or accessible. These may not be recoverable by us once they are deleted or made inaccessible.
13. GENERAL
13.1
These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.
13.2
We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don’t use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the Game that rely on our ongoing online services then the new T&Cs will apply. Please check the in-game T&Cs from time to time in case of updates.
13.3
We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.
13.4
Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.
13.5
In the event we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6
These T&Cs are governed by English law and you can bring proceedings in respect of the Game or these T&Cs in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the Game in either the Scottish or the English courts.
14. COMPANY AND CONTACT INFORMATION
Devolver Digital, Inc. with the registered office at 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808, USA and with company number 4524543.
Email: privacy@devolverdigital.com
© 2023 Devolver Digital, Inc. All Rights Reserved.