Updated: Aug 2015
The following terms of service and end user license agreement (“Agreement”) constitute an agreement between you and Xanum Ltd, and its affiliates (“Xanum”). This Agreement governs your use of the Software and Services (as specified below).
For the purposes of this Agreement "Software" means all software programs made available by Xanum including, but not limited to mobile games, downloadable/installable games for personal computers, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by Xanum, including but not limited to services accessed through mobile games or by means of a browser or by any other online communication method.
Software and Services are collectively referred to as “Xanum Services”.
The Software is licensed, not sold. Your use of the Software is subject to the terms and conditions stated in this agreement. Installing, using or accessing the Xanum Services confirms your acceptance of these terms. If you do not accept the terms of this agreement, do not install, use or access the Xanum Services.
©2015 Xanum Ltd. All rights reserved. All other trademarks are the property of their respective owners.
You agree to:
Only Software subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Xanum Services will not function properly.
The Software may require an internet connection to access Services or internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service. By using the Software, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Software or certain features of the Xanum Services may not operate or may cease to function properly, either in whole or in part.
By installing, accessing or using the Xanum Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
Xanum respects your privacy rights and recognizes the importance of protecting any information collected about you. Xanum' privacy policy as amended from time to time is available at www.xanum.co.uk/privacy . Xanum’ Privacy Policy defines how, why and to which extent Xanum collects and uses personal and non-personal information in relation to Xanum' products and services. By installing, accessing or using the Xanum Services you explicitly agree with the terms and conditions of Xanum’ Privacy Policy and to any terms and conditions included therein by reference.
Certain legislation, including the Competition and Consumer Act 2010 in Australia, may imply warranties or conditions or impose obligations upon Xanum which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which Xanum is entitled to do so, Xanum limits its liability in respect of any claim under those provisions to: in the case of goods, at Xanum' option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at Xanum' option: the supplying of the services again; or the payment of the cost of having the services supplied again.
Other than the warranties, conditions or obligations implied by applicable legislation the Xanum Services are provided as is without warranty of any kind. To the maximum extent permitted by applicable law, Xanum further disclaims all warranties, including without limitation any implied warranties of merchant ability, fitness for a particular purpose, and on infringement, the entire risk arising out of the use or performance of the product and documentation remains with you. The Xanum Services are offered "as is" and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which the Xanum Services may be put, no warranty of fitness for a particular purpose is offered. The user must assume the entire risk of using the Xanum Services.
In no event will Xanum be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Xanum Services including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this Agreement or the Xanum Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Xanum have been advised of the possibility of such damages.
Xanum is not obligated to provide maintenance or updates for the Xanum Services. However, any maintenance or updates provided by Xanum shall be covered by this Agreement
You hereby agree that if the terms of this Agreement are not specifically observed, Xanum will be irreparably damaged, and therefore you agree that Xanum shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this Agreement, in addition to any other available remedies.
You agree to indemnify, defend and hold Xanum, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your breach of this Agreement.
This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
Xanum Services and this Agreement shall be governed by and interpreted according to the laws of England and Wales and that any dispute regarding them shall be heard exclusively by the courts of England and Wales.