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Terms of use

Last updated: 13 July 2020

Please read these terms of use (the Terms) and our Privacy Policy before using this website. When you use our website, you agree to be bound by these Terms. You may not use our website if you do not agree to all these Terms

1. Who we are

We are Fortitude Games Limited, a company registered in England and Wales with company number 10973601 (Fortitude Games, we, our and us). Our registered office is at 111 Buckingham Palace Road, 4th Floor, London, England, SW1W 0SR. Our VAT number is GB 225977866.

You can contact us by email at contact@fortitudegames.co.uk.

2. About these Terms

These Terms govern the relationship between you and us in relation to your use of this website.

By using the website, you are agreeing to these Terms and are entering into a binding legal agreement with us incorporating these Terms.

This website is not intended for children under the age of 13. If you are under the age of 13, please speak to your parent or guardian and do not use this website.

3. Intellectual Property

We own, or are otherwise permitted by third parties to use, all the intellectual property rights in the website.
Nothing in these Terms grants you any legal rights in this website or its content other than as necessary to enable you to access it. You agree not to adjust or to try to circumvent or delete any notices contained on this website (including any intellectual property notices).

4. Our rights and responsibilities

We cannot guarantee that this website will be available on an uninterrupted basis. Your access to this website may be disrupted to allow for appropriate maintenance, repairs, upgrades and the introduction of new functionality. At times, unscheduled downtime may be necessary, including for security purposes.

We cannot guarantee that this website will be free from errors, bugs or viruses. We also cannot guarantee that the content or information provided in this website is accurate or complete. As with all software and services accessed through an electronic device, we recommend that you use anti-virus software while using this website. We also recommend that you have an up-to-date back-up of your device before using this website.

This website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites, and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website.

We may modify, cease to offer or cease to support this website from time to time.

5. Your rights and responsibilities

You must comply with the laws that apply to you in the country or state in which you live or from which you access this website. If any laws applicable to you restrict or prohibit you from using this website, you must comply with those legal restrictions or, if necessary, stop using this website.

You must not:

  • (a) use this website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Games;
  • (b) infringe our intellectual property rights or those of any third party in relation to your use of any of the content displayed on this website;
  • (c) use this website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
  • (d) copy any website content except as part of the normal use of the Services or where it is necessary for the purpose of making a back-up or for operational security.

We may suspend your access to or all or part of this website if we reasonably believe that you have breached any of these Terms.

Our delay or failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

6. Our liability to you

We are not liable to you for the following types of loss or damage that may arise from your use of this website:

  • (a) loss or damage not caused by our breach of these Terms or our negligence;
  • (b) any increase in loss or damage resulting from breach by you of any of these Terms;
  • (c) loss or damage not reasonably foreseeable by you and us when you agreed to these Terms, including loss or damage that occurs in consequence of such loss or damage, for example, loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
  • (d) loss or damage that you suffer as a consequence of the actions or omissions of third parties, including platforms, publishers or other users of the Services;
  • (e) any indirect, consequential, punitive or special loss or damage; or
  • (f) any loss or damage if this website is not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our reasonable control, including (without limitation), an act of God, storm, fire, flood, internet outage, epidemic or pandemic, strikes, or riots.

This website may only be accessed by you for private non-commercial use under these Terms. Nevertheless, if you use this website for commercial purposes in breach of these Terms, we will not be liable to you for any loss of profit, loss of business, loss of anticipated savings, loss of reputation and/or depletion of goodwill.

If the consumer law of the country or state in which you are resident does not permit any of the limitations of liability set out in these Terms, then those limitations of liability shall apply only to the maximum extent permitted by the laws of such jurisdictions. Nothing in these Terms shall affect any statutory rights that you may have as a consumer of the Services.

We do not limit our liability to you for death or personal injury caused by our negligence or the fraud of our employees or other representatives or for anything else where it would be unlawful to do so under applicable law.

7. Your personal data and privacy

When we process your personal data, we will do so in accordance with the data protection laws that apply to us and in accordance with our Privacy Policy. Please read it carefully.

8. Changes to these Terms

We may need to amend these Terms and our Privacy Policy from time to time, for example, in order to ensure that we remain compliant with applicable law or to reflect any changes we make to the Services or otherwise.

You can find a copy of these Terms by visiting one of the Websites at the following URL: fortitudegames.co.uk/legal/terms-of-use. If we make any changes to these Terms, we will upload an amended version of the Terms to this URL.

Your continued use of this website after any changes to the Terms have been made by us will mean that you accept those changes. If you do not agree to any changes to the Terms, you may not continue to use this website.

Any changes to these Terms will not affect your accrued rights and will not have any retrospective effect.

Law and jurisdiction

If you have a complaint, please let us try to resolve it first. You can send us details of your complaint by email to contact@fortitudegames.co.uk.

In the event of any dispute, controversy, or claim relating to these Terms (including the Privacy Policy), both you and Fortitude Games shall first use best efforts to negotiate an informal resolution to such dispute for at least 30 days before initiating any formal proceeding. This informal negotiation period will commence upon written notice from one party to the other.

These Terms, and any dispute, shall be governed by and interpreted in accordance with English law, except for certain claims and disputes, for example, relating to consumer protection, unfair competition and tort, which may subject to the laws of the country or state in which you are resident. The jurisdiction for any dispute shall be the courts of England and Wales.