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Acceptance of Terms of Use and Amendments
By accepting these General Terms and Conditions, an agreement will be formed between You, the User of the App and Website and SHM Entertainment Limited (“SHM”), the owner of the App and Website. Your agreement to comply with and be bound by these General Terms and Conditions is deemed to occur upon Your first use of the App and/or Website. These General Terms and Conditions of use may be amended from time to time with or without notice to You . In addition, if You are using a particular Service, Game or Contest on this App and/or Website or accessed via this Website You may be subject to additional rules or guidelines applicable to those Services, Games or Contests. If You do not agree to be bound by these General Terms and Conditions or to be bound to any additional rules or guidelines relating to a particular Service, Game or Contest, You should stop using the App and/or Website and or the Services, Games and/ or Contests immediately.
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Age
You must be 18 years old to enter or use the App and/or Website. By using this App and/or Website You have represented and confirmed to us that You are at least 18 years old.
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The Services/Games and Contests
The content provided to You on and via this App and/or Website are provided on an "As Is" basis. You agree that we reserve the right to modify or discontinue provision of this App and/or Website and its Services, Games and/or Contests, and to remove the information You provide, either temporarily or permanently, at any time, without notice and without any liability towards You. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. You are responsible for Your use of content provided to You via the App and/or Website, for any content You post, and for any consequences thereof. The content You submit, post, or display will be viewable and is likely to be accessed through third party services and websites. You should only provide content that You are comfortable sharing with others under these General Terms and Conditions.
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Your Responsibilities and Registration Obligations
In order to use this App and/or Website or certain parts of it, You may be required to register for a user account; in this case, You agree to provide truthful information when requested. By registering for a user account, You explicitly agree to the App and/or the Website's General Terms and Conditions, including any amendments made by us that are published herein.
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Privacy Policy
Registration data and other personally identifiable information that the App and/or Website and/or the Services, Games or Contests may collect is subject to the terms of our Privacy Policy.
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Registration and Password
You are responsible for maintaining the confidentiality of Your password, and You will be responsible for all usage of Your user account and/or user name, whether authorized or not authorized by You. You agree to immediately notify us of any unauthorized use of Your user account, user name or password.
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Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), made available publicly or privately, will be under the sole responsibility of the person providing the said Content, or of the person whose user account is used. You agree that this App and/or Website may expose You to content that may be objectionable or offensive. We will not be responsible to You in any way for content displayed on this App and/or Website, nor for any error or omission. By using this App and/or Website or any Service, Game or Contest provided, You explicitly agree that: (a) You will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libellous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of the App and/or Website or any Service, Game or Contest provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law; (b) You will not impersonate or misrepresent Your association with any person or entity; You will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by You; (c) You will not collect or harvest any information about other users; (d) You will not provide, and You will not use the App and/or Website to provide, any content or Service, Game or Contest in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; (e) You will not use the App and/or Website to promote or operate any service or content without SHM’s prior written consent; (e) You will not provide any content that may give rise to SHM being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
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Submission of Content on the App and/or Website
By providing any Content to this App and/or Website including inter alia on any Service, Game or Contest accessed via this App and/or Website (a) You agree to grant us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently; (b) You warrant and represent that You have all legal, moral, and other rights that may be necessary to grant SHM the license specified in this section 8; (c) You acknowledge and agree that SHM will have the right (but not the obligation), at SHM’s entire discretion, to refuse to publish, or to remove, or to block access to any content You provide, at any time and for any reason, with or without notice.
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Intellectual Property
Subject to the exceptions in Clause 12 of these General Terms and Conditions, all Content included on the App and/or Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of SHM, our affiliates or other relevant third parties. By continuing to use the App and/or Website You acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. Subject to Clause 12 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the App and/or Website other than that as indicated, or unless given express written permission to do so by SHM.
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Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. Subject to Clause 12 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the App and/or Website or unless given express permission to do so.
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Third-party Services
Goods and services of third parties may be advertised and/or made available on or through the App and/or Website. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. SHM will not in any manner be liable for or responsible for any of Your dealings or interaction with third parties.
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Fair Use of Intellectual Property
Material from the App and/or Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
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Indemnification
You agree to indemnify and hold harmless SHM and the SHM’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim, demand loss or damage, including reasonable legal fees, that may be filed by any third party, arising out of Your conduct or connection with the App and/or Website or Service, Your provision of Content, Your violation of these General Terms and Conditions of use, or any other violation by You of the rights of another person or party. To the extent permitted by law, Your rights to litigate, to seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with SHM are hereby excluded, and You expressly waive any and all such rights.
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Links to Other Websites
The App and/or Website may contain links to other sites. Unless expressly stated, these sites are not under the control of SHM or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the App and/or Website does not imply any endorsement of the sites themselves or of those in control of them.
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Use of Communication Facilities
When using the enquiry form or any other system on the App and/or Website You should do so in accordance with the following rules:
You must not use obscene or vulgar language;
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
You must not submit Content that is intended to promote or incite violence;
It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
The means by which You identify Yourself must not violate these General Terms and Conditions or any applicable laws;
You must not impersonate other people, particularly employees and representatives of SHM or our affiliates; and You must not use Our technology for unauthorised mass-communication such as “spam” or “junk mail”;
You acknowledge that SHM may retain copies of any and all communications made to us or using our technology;
You acknowledge that any information You send to us through our technology may be modified by us in any way and You hereby waive Your moral right to be identified as the author of such information. Any restrictions You may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
In order to use the enquiry form and any other communication facility that may be added in the future on the App and/or Website, You are required to submit certain personal details. By continuing to use this Website You represent and warrant that any information You submit is accurate and truthful and You will keep this information accurate and up-to-date.
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Disclaimer of Warranties
SHM makes no warranty or representation that the App and/or Website will meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services/Games or Contests. No part of the App and/or Website is intended to constitute advice and the Content of the App and/or Website should not be relied upon when making any decisions or taking any action of any kind. Whilst SHM uses reasonable endeavours to ensure that the App and/or Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
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LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHM ENTERTAINMENT LTD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
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Reservation of Rights
We reserve all of the our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that SHM may have in respect of the App and/or Website, its content, and products, Services, Games or Contests that may be provided. The use of our rights and property requires our prior written consent. By making services available to You, we are not providing You with any implied or express licenses or rights, and You will have no rights to make any commercial use of this App and/or Website or provided Services, Games and or Contests without our prior written consent.
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Notification of Copyright Infringement
If You believe that Your property has been used in any way that could be considered a copyright infringement or a violation of Your intellectual property rights, we may be contacted via e-mail at support@fatcatgaming.com
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Law and Jurisdiction
You agree that these General Terms and Conditions and any additional rules or guidelines applicable to those Services, Games or Contests we provide any dispute arising out of Your use of the App and/or Website or products, Services, Games or Contests provided will be governed by and construed in accordance with English law, without regard to or application of its conflict of law provisions. By registering for a user account on the App and/or Website, or by using the App and/or Website and the Services, Games and Contests it provides, You accept that jurisdiction is granted to the courts having jurisdiction over us, and You therefore agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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Miscellaneous Information
(i) In the event that any provision of these General Terms and Conditions is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these General Terms and Conditions will remain valid and applicable; (ii) Unless the context otherwise requires, references to any gender includes all genders and any use of the singular includes plural and vice versa. (iii) The failure of either party to assert any right under these General Terms and Conditions will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iv) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (v) SHM may assign its rights and obligations under these Terms and Conditions; in this event, SHM will be relieved of any further obligation.