Freeform Games Terms & Conditions
Freeform Games LLP
Terms and Conditions (13 August 2003)
Freeform Games LLP (referred to as "we", "our" and "us" in these terms) suggest that the customer (referred to as "you" and "your" in these terms) should spend some time in reading through these terms of trading. This is because these conditions shall apply to any contract between the parties. We want you to feel confident in accepting the Games we offer. If you have any questions or queries relating to any of these terms, please feel free to contact us before you enter into the contract.
1. Formation of contract
1.1 We sell you a licence to use our murder mystery games ("the Games" or "the Game"). The Games are provided in the form of electronic files. When we have received your order and payment, we will send a password to you by email. This password will allow you to download the Games you ordered. When you take up this offer, the terms outlined in this document will govern our relationship with you.
1.2 We accept orders at our discretion. If we accept an order from you, the contract will be formed on these conditions, as outlined in clause 1.1 above, in the following way: Before you have completed the on-line order form, you will be invited to confirm that you have read and accept our offer by agreeing to these terms of trading. If you do not accept these terms of trading, we will not agree to enter a contract with you.
2. Payment terms
2.1 The price of the licence to use the Games you order is to be paid for in advance.
3.1 The current prices of the licences for the various Games are set out on our web site. All prices may be subject to local tax at the rate currently in force at the time of this contract and all monies due under this contract are to be paid in one of the currencies proffered by us.
4. Intellectual property rights and licence to use the Games
4.1 When we have received your payment, we will grant you a licence to use, for unlimited uses, a single Game, or Games if you have paid for more than one Game. This licence is personal to you and permits you to use the Games PROVIDED THAT you do not charge any consideration to any person to participate in the Games or to act as a spectator when the Games are being played. Should you wish to run a game commercially you must purchase a commercial version of the game.
4.2 If you wish to use the Games to raise money for charity, you may do so PROVIDED THAT you clearly state on the advertising copy prior to the playing of the Games and during the Games our company name, web site address and the fact that the Games belong to us.
4.3 We assert our moral rights in respect of all copyright material produced by us and also the moral rights of any supplier to us of any such copyright material. You confirm that you will not alter, reuse or otherwise exploit or jeopardize the artistic integrity of the material contained in any of the Games.
4.4 To protect the ownership of our intellectual property rights, we have inserted a watermark throughout each page of the Games.
4.5 When you buy the Game you may have to download the Game from a restricted part of the web. Your ability to obtain access to the restricted part of the web will be limited to 12 months from the date of purchase.
5. Your responsibilities
5.1 You undertake to observe the terms of any licence in relation to any Games provided by us and to indemnify us against all costs, claims and liabilities arising from any breach of this clause.
5.2 You agree not to charge consideration to people who participate in playing the Games or for spectators to watch the Games unless you buy a commercial version of the game.
5.3 We sell Games. The Games we sell are meant to be for entertainment and are not to be taken seriously. IN PARTICULAR, the Games sometimes provide for the pretend violent death of various characters by such means as the use of poison, stabbing with the use of a dagger and other such brutal methods of terminating life prematurely. We do not suggest or condone the use of real implements when the Games are played. You agree, therefore, that should you purchase our Games, that you will take sole responsibility for the proper conduct of the Games. Further, if you or any player decide not to use the paper equivalent of the method of death that we provide in the electronic file that contained the Games, you will accept sole responsibility for any consequences that may follow.
6.1 We reserve the right to modify, suspend or discontinue any or all of our services at our sole discretion and without notice. We also reserve the right to give advanced notice of any changes to these terms and conditions at any time, whether by notice on our web site or by contacting you directly.
7. Unforeseen circumstances
7.1 There may be times where events beyond our control prevent you from downloading the electronic file of the Games. If this occurs, we ask you to inform us and we undertake to inform you when such problems have been rectified. If we send you a printed copy of the game by normal post within 14 days of notification by you that you cannot download the electronic file, then this should be seen as fulfilment of the order.
8. Limitation of liability
8.1 If we breach the terms of the contract, or you seek compensation and damages for any claim or claims arising out of any contract between the parties for whatever reason, your remedy will be limited to damages. Our liability to you will not exceed the amount you paid us for the Games.
9. Exclusion of liability
9.1 With the exception of clause 8, we shall not be liable to you, except in respect of injury or death of any person (for which no limit applies) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever for,
9.1 any delay in supplying or for failing to supply any Games, or
9.2 any loss of profit, business, contracts or revenues, or
9.3 failure to achieve anticipated savings in costs or expenses, or
9.4 failure to achieve increased profit, business, contracts, revenues or market penetration, or
9.5 any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of the Games we sell, or of any error or defect caused by us, UNLESS you inform us in writing before you enter a contract with us, of any particular circumstances covered in sub clauses 9.1, 9.2, 9.3, 9.4 and 9.5 above.
10. Reasonableness of the limitation and exclusion clauses
10.1 If you enter a contract with us, you agree that the limitation of liability clause, clause 8 and the exclusion of liability clause, clause 9, are reasonable, and that the price agreed reflects the position on liability.
11. Rights of third parties
11.1 In accordance with s 1(2)(a) of the Contract (Rights of Third Parties) Act 1999, the parties intend that no term of this contract may be enforced by a third party.
12.1 The parties agree that in the event of one or more clauses or sub-clause of this contract being subsequently declared invalid or unenforceable by a court or other authority with jurisdiction, the invalidity or unenforceability of any clause or sub-clause shall not in any way affect the validity or enforceability of any other clause or sub-clause except those which compromise an integral part of it or are otherwise clearly inseparable.
13. Applicable law
13.1 The contract between the parties is to be governed by and construed according to English law and the parties agree to submit any disputes to the exclusive jurisdiction of the English courts.
All our murder mystery games come with a Cast-Iron, no-quibble guarantee. If you're not completely satisfied then please let us know within 30 days and we will refund you.
of it and wants to "sue" (a dirty word) then we have to follow these rules of engagement:
· This Agreement is governed by the laws of England and Wales.
· In the event of any dispute Freeform Games LLP may seek injunctive or other appropriate relief in any English court and you consent to exclusive jurisdiction and venue in such courts.
· 12 August 2003
Freeform Games LLP
PLEASE NOTE: KIDS MYSTERY PARTIES DO NOT TAKE ANY RESPONSIBILITY FOR ANY PURCHASES OF FREEFORM GAMES VIA THIS WEBSITE, EITHER FINANCIAL, DELIVERY, QUALITY OR CONTENT OF FREEFORM GAMES. ALL ORDERS AND PAYMENTS ARE PROCESSED BY, AND THE RESPONSIBILITY OF FREEFORM GAMES.— PLEASE CONTACT FREEFORM GAMES VIA THE DETAILS ON YOUR PAYMENT RECEIPT/ORDER OR WRITE TO:
Freeform Games LLP, 57 London Road, Ipswich, Suffolk, IP1 2HF, United Kingdom.
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