EULA - End User License Agreement

INTRODUCTION

    1. Please read these end-user terms of use (the “Terms”) carefully. By pressing accept, you agree to these Terms which will bind you. If you do not accept the Terms, please press reject. 

    2. We are Electric Noir Studios Limited (a company registered in England under company number 11061425 with its registered office at 27 Unit 8, 27 Corsham Street, London, England, N1 6DR) (referred to in these Terms as “we”, “us” or “our”). Our VAT number is 315532917.

    3. Under these Terms we license you as permitted in these Terms to use:

      1. the game ‘Dead Man’s Phone’ and any free updates or supplements to it  (the “Base Content”); and

      2. any Additional Content you have purchased (see Section 10 below for more details),

which are together the “Game”.

  1. OTHER IMPORTANT TERMS

    1. Our privacy policy sets out certain information including 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. It is important that you read this information. 

  1. The ways in which you can use the Game are also controlled by the rules and policies of the mobile app store from which you purchase the Game (the “App Retailer”). If this is the Apple App Store the terms can be found here at https://www.apple.com/legal/internet-services/itunes/ww/. If this is the Google Play Store the terms can be found at https://play.google.com/about/play-terms/index.html. In either case, these will apply instead of these Terms if there are differences between the two.

  1. By accepting these Terms you are confirming to us that you have read them and that you agree to be bound by them. You also acknowledge that the App Retailer is not party to these Terms and that these Terms are concluded between you and us only.

  1. UPDATES

  1. We may need to update these Terms to reflect changes in law or best practice or to address updates to our features or functionality. Any changes made to these Terms will be applicable from the date they are published. 

  2. We will notify you of any changes that are going to be made to these Terms by email to the email address you have notified to us (if you have provided us with one) and/or when you next start the Game. If you do not accept the notified changes to the Terms you may no longer be able to access the Game.

  1. CONTACT INFORMATION

    1. If you would like to contact us for any reason in connection with the Game, including if you have a problem or you think the Game is faulty, please do so using the following address:  customersupport@scriptic.com.

    2. If we have to contact you we will do so using the contact details you have provided to us (if any) or by in-app notification.

  2. OPERATING REQUIREMENTS

  1. The Base Content requires a device with a minimum of 57.35MB of memory and either iOS [MINIMUM VERSION OF OPERATING SYSTEM] or Android 8.0. Additional Content will require further memory. 

  1. AGE LIMITS

  1. The Game is intended to be played by users who are at least 16 years old. If you are under 16 years old, please do not play the Game. By playing the Game, you are confirming to us that you are at least 16 years old. Your ability to play the Game may be terminated without warning if we have any reason to believe that you are younger than 16 years old.

  2. If you are younger than 18 years old, you should read these Terms and our privacy policy with a parent or guardian to make sure that you understand them and that you are happy to be bound by these Terms. 

  1. YOUR ACCOUNT

  1. When playing the Game, you may have the option of creating a player account with us (your “Account”) or you may play the Game as a guest. 

  1. If you have an Account you agree to take all steps necessary to protect your log in details and keep them secret. You shall not give your log in details to anyone else or allow anyone else to use your log in details or Account. If you fail to keep your log in details secret, or if you share your log in details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree you  will be responsible for any losses or harm that may result.

  2. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your copy of the Game or your Account and we accept no responsibility for any losses or harm resulting from such unauthorised access or use, whether fraudulently or otherwise.

  1. If you delete the Game, or if we terminate your access to it in accordance with these Terms, you may lose access to any data previously associated with your copy of the Game (including, without limitation, your progress through the Game and/or the level you have reached in the Game.

  1. ACCESS TO AND USE OF THE GAME

  1. In return for your agreeing to comply with these Terms, you may: 

  1. download a copy of the Game onto your mobile device and use this on such device for your personal, non-commercial purposes only;

  2. use any documentation we provide you to support your permitted use of the Game;

  3. provided you comply these Terms, make a copy of the Game for back up purposes only; and

  4. receive and use any free supplementary software code or update of the Game incorporating "patches" and corrections of errors as we may provide to you.

  1. We are giving you personally the right to use the Game and you may not transfer your copy to any other person. If you sell any device on which the Game is installed, you must remove the Game from it. 

  2. You should only download the Game onto a device owned or controlled by you. You will be responsible for complying with these Terms, whether or not you own the device.

  3. You agree to comply with the instructions that we may give you regarding your use of the Game.

  1. You agree that you will not:

  1. rent, lease, sub-license, loan, provide, or otherwise make available, the Game in any form, in whole or in part to any person without prior written consent from us; 

  2. copy the Game, except as part of the normal use of the Game or where it is necessary for the purpose of back-up or operational security;

  3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Game nor permit the Game or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Game on devices as permitted in these Terms; or

  4. decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from the Game or any updates or any part thereof, or attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Game to obtain the information necessary to create an independent program that can be operated with the Game or with another program. 

  1. By accessing the Game, you confirm that: 

  1. you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and 

  2. you are not listed on any US Government list of prohibited or restricted parties.

  1. YOUR BREACH OF THESE TERMS

    1. If you seriously or repeatedly breach any provision of these Terms, we may terminate or suspend your access to the Game and/or your Account. If what you have done can be put right we will give you a reasonable opportunity to do so.

    2. If you breach a provision of the Terms we may also reset and/or modify any progression or benefits and privileges associated with your Game, such as any level you have reached in the Game.

    3. If we terminate your access in accordance with Section 9.1, your authorisation to access and play the Game will stop and you must delete or remove the Game from all devices in your possession. You will not be able to use any Additional Content (see Section 10 below) and you will not be entitled to a refund.

  1. ADDITIONAL CONTENT

    1. The Base Content may allow you to make in-game purchases that allow you to buy additional content such as further episodes or seasons (“Additional Content”). It will still be possible to play the Base Content without purchasing Additional Content. You are responsible for managing your Additional Content and the amount you spend on Additional Content.

  1. Additional Content is purchased through the App Retailer and subject to their terms and conditions as shown to you before you make a purchase. All billing and transaction processes are handled by the App Retailer. If you have any payment related issues with any Additional Content, you should contact the App Retailer directly.

  1. We reserve the right to determine, in our absolute discretion, the content which may be purchased as Additional Content and how much to charge for any such content.

  1. You may be able to manage your ability to purchase Additional Content by adjusting the settings on the device you are using to play the Game. More information about how you can manage purchasing Additional Content on your device can be found either in the App Retailer’s terms and conditions, in your device’s help settings, or online. 

  2. Additional Content can only be used as part of the Game. Additional Content cannot be redeemed for money or other consideration or otherwise transferred. 

  3. If any Additional Content is not successfully downloaded or does not work once it has been successfully downloaded, please contact us to notify us of the issue and we will investigate the reason for the fault. We may provide you with replacement Additional Content or issue you with a patch to repair the fault. In the unlikely event that we are unable to replace or repair the relevant Additional Content or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorise the App Retailer to refund you an amount up to the cost of the relevant Additional Content. 

  4. If any damage is caused to your device by any content purchased as Additional Content, you are entitled to:

    1. request that we repair the damage within a reasonable period of time; or 

    2. receive compensation from us for the damage caused to your device.

  5. If you are suspended or terminated from accessing the Game because of your breach of the Terms in accordance with Section 9.1 or you delete your Game you will not receive a refund on any Additional Content.

  1. PLAYER CONTENT

    1. The Game may permit you to upload your own content to be displayed in the Game or as part of your Account. For the purposes of these Terms, any and all information and content that a user submits to or uses with the Game is called “Player Content”. 

    2. You are responsible for your Player Content and you assume all risks associated with it, including any reliance on its accuracy, completeness or usefulness by others, any breach of a third party’s rights, or any disclosure of your Player Content that personally identifies you or any third party. You must not upload Player Content that violates Section 12 below. 

    3. You must not represent or imply to others that your Player Content is in any way provided, sponsored or endorsed by us.  You will be responsible if your Player Content breaches Section 12 below or breaches any applicable laws or regulations.

    4. We are not responsible for backing up any Player Content, and your Player Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your Player Content if you so wish.

  1. If you upload Player Content you give us a full, unlimited, irrevocable licence to use this for the purposes of making Player Content available in the Game, maintaining, operating, exploiting, advertising and marketing the Game and any other goods or services offered by us, our licensors, partners or related companies, and to develop other functionality, products and services. The licence you give us lets us reproduce, distribute, publicly display, adapt, modify and prepare derivative works of, incorporate into other works, and otherwise exploit that Player Content. We can also grant sub-licences on the same terms to any third party.

  1. We have the right (but no obligation) to review Player Content, and to investigate and/or take appropriate action against you if we believe you have not complied with any provision of these Terms.

  1. ACCEPTABLE USE POLICY

    1. You agree not to use the Game to do anything which: 

      1. infringes any third party’s rights, including any copyright, trade mark or other intellectual property rights, or any privacy rights; 

      2. is unlawful or inconsistent with these terms, or is fraudulent or malicious, for example, hacking into or inserting malicious code, such as viruses, or harmful data, into the Game or any operating system;

      3. is harassing, abusive, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, pornographic, obscene, patently offensive;

      4. promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise offensive or objectionable; 

      5. is harmful to minors in any way; or

      6. could damage, disable, overburden, impair or compromise our systems or security or interfere with other users’ use or enjoyment of the game.

    2. In addition, you agree not to: 

      1. upload, transmit, or distribute to or through the Game any computer viruses, worms, or any software intended to damage or alter a computer system or data;

      2. send through the Game unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

      3. use the Game to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;

      4. attempt to gain unauthorised access to the Game (or to other computer systems or networks connected to or used together with the Game), whether through password mining or any other means;

      5. use software or automated agents or scripts to produce multiple accounts on the Game, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Game (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Game for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).

    3. We have the right to investigate and/or take appropriate action against you in our sole discretion if we believe you have not complied with any provision of these Terms. Such action may include terminating your Account in accordance with Section 9.1, and/or reporting you to appropriate law enforcement authorities.

  2. UPDATES AND MAINTENANCE 

    1. From time to time we may automatically update the Game to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Game for these reasons.

    2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Game.

    3. Save as expressly set out in these Terms, we are responsible for the operation of the Game, including providing any maintenance and support for the Game. The App Retailer does not have any obligation to provide any maintenance or support services in respect of the Game. Please report any problems you encounter with the Game to us at customersupport@scriptic.com.

    4. We do not guarantee that the Game will always be available or that it will be updated. You understand that we may discontinue the Game or make changes to the Game at any time for any reason or no reason without notice or liability to you. If we plan to discontinue the Game, we will notify you of the discontinuance of the Game reasonably in advance of the date on which such discontinuance takes effect by email or by informing you the next time you open the Game.  

  3. INTELLECTUAL PROPERTY RIGHTS

    1. The Game and any and all features, content, materials and information made available via the Game (including any Additional Content) (“Our IP”) belong to us or our licensors and are protected by intellectual property laws in various territories around the world. You have no intellectual property rights in, or to, Our IP other than the right to use them in accordance with these terms.

    2. Your licence to use Our IP is personal to you, non- transferable, revocable, non-exclusive and solely for your own private use. It is subject to you being in compliance with these Terms. 

    3. You acknowledge that if any third party claims that the Game infringes a third party’s intellectual property rights, we and not the App Retailer will take responsibility for the investigation, defence, settlement and resolution of any such claim.

  4. RESPONSIBILITY FOR LOSS OR DAMAGE

    1. We do not promise the Game or its content will always be available, uninterrupted, secure, free from viruses or bugs, or free from errors or omissions. We recommend that you back up any content and data used in connection with the Game, to protect yourself in case of problems with the Game.

  1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. You acknowledge that the App Retailer is not responsible for addressing any claims in respect of your use of the Game. 

  1. We do not exclude or limit our liability where it would be unlawful to do so,  which includes for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation.

  2. If the Game (or part of it) is not successfully downloaded or does not work once it has been successfully downloaded, please contact us to notify us of the issue and we will investigate the reason for the fault. If you have met the minimum requirements for the Game as set out in Section 5 and we are unable to remedy the problem within a reasonable period of time and without significant inconvenience to you, you may contact the App Retailer to refund you the purchase price (if any). You acknowledge that the App Retailer will have no other warranty obligation whatsoever with respect to the Game.

  3. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

  4. The Game is for domestic and private use. If you use the Game for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  5. The Game is provided for general entertainment purposes only. It does not offer information or advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Game. Although we make reasonable efforts to update the information in the Game, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

  6. The Game has not been developed to meet your individual requirements. Please check that the facilities and functions of the Game as described on the App Retailer download page for the Base Content and on our website meet your requirements.

  7. If our provision of the Game or support for the Game is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be responsible for delays caused by the event, but if there is a risk of substantial delay and you cannot use the Game you may contact us to end your contract with us and receive a refund if you have paid for the Game but cannot use it.

  1. GENERAL

    1. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement and you acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them. However, you acknowledge that the App Retailer and its subsidiaries are third party beneficiaries of these Terms and may enforce their respective rights under these Terms against you. 

    2. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

    3. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

    4. Each of the paragraphs of these Terms operates separately. If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then that part will be deleted from the Terms and the remaining parts of the Terms will continue in full force and effect.

  1. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Last Updated: [5/04/2022]