Introversion.co.uk Terms of Use

INTRODUCTION
The following Terms apply to all use of the Website. Without limiting their effect they essentially say that you must behave appropriately and responsibly whilst using the Website. Additional terms and conditions apply to the use of the Games.

1. ABOUT THE WEBSITE AND THESE TERMS
1.1. The Website is an online service owned and operated by Introversion Limited (“INTROVERSION”), so that a community can come together to follow the game created by INTROVERSION known as Prison Architect (and versions of it from “alpha” through to “final”) as well as our other games that are available from INTROVERSION through the Website ( “Games”). This may also involve buying and playing the versions of our games as they are developed and released and providing comments and feedback on them.
1.2. These Terms therefore:
1.2.1. apply to all use of the Website and will form a binding agreement between you and INTROVERSION;
1.2.2. constitute the entire agreement between you and INTROVERSION concerning your use of the Website (bearing in mind that the Games EULAs govern your use of the Games);
1.2.3. apply to the exclusion of and replace all other terms or conditions of contract you may propose;
1.2.4. shall not be varied by you unless agreed in writing and signed by INTROVERSION.
1.3. By using the Website you represent and confirm that you understand, accept and are able to understand and accept these Terms and agree to be bound by them.
1.4. If you do not accept or understand these Terms you should not use the Website. That includes by using, posting or accessing Contributions.
1.5. If you are under the age of 18 or don’t understand these Terms or their meaning, please ask a parent or guardian to explain them and their meaning to you.
1.6. INTROVERSION may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from introversion.co.uk/legal.
1.7. By using and accessing the Website you confirm that you have the necessary hardware, software and capability required to do so and that you shall be and shall remain responsible for all fees due in respect thereof. INTROVERSION shall have no liability in relation to any hardware, software or other services required to make use of the Website.

2. REGISTRATION, ACCOUNT AND PASSWORD
2.1. In order to use and access certain areas of the Website you will need to register. To register you will need to submit certain information and choose an account name (“Account Name”), and a Password (“Password”).
2.2. The Account Name and Password chosen by and issued to you upon registration is personal to you so that you can use and access the Website and must not be disclosed to any person without INTROVERSION’s prior written consent.
2.3. You agree, accept and understand that:
2.3.1. you must ensure that all information held about you by INTROVERSION is up to date and that you can amend your registration details at any time through the Website;
2.3.2. you are and shall remain responsible for maintaining the confidentiality of your Account Name and Password;
2.3.3. you are solely liable for any use of the Website using your Account Name, and Password whatsoever.
2.4. DO NOT SHARE YOUR ACCOUNT NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT.
INTROVERSION IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR ACCOUNT NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY. IF YOU THINK YOUR ACCOUNT NAME, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED YOU MUST INFORM INTROVERSION IMMEDIATELY.
2.5. You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify INTROVERSION against any loss or damage incurred by INTROVERSION and any third parties who may suffer damage as a result of the information that you have supplied.

3. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
3.1. Subject to these Terms and your compliance with them, INTROVERSION grants you a non-exclusive, non-transferable, personal, limited right and licence to access and use the Website solely for your private, non-commercial, personal use.
3.2. This licence includes the limited right to download content, materials, data and Contributions (as defined below) temporarily, for purposes solely connected with the private, non-commercial, personal use of the Website.
3.3. You may not transfer, sub license or deal in this right without INTROVERSION's prior written permission.
3.4. These Terms and the rights granted by them do not give you any rights of ownership in the Website or any copyright or related right and should not be deemed a sale or transfer of any copyright or other right.
3.5. Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in INTROVERSION, or are licensed to INTROVERSION.
3.6. All intellectual property rights of INTROVERSION are hereby asserted and reserved.

4. RESTRICTIONS AND OBLIGATIONS
4.1. You agree to comply with these Terms and all rules applicable to the use of the Website.
4.2. Notwithstanding any other provision of these Terms you agree and undertake not to:
4.2.1. hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Website or any part of it;
4.2.2. remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in the Website;
4.2.3. create software which replicated or mimics any data or functionality in the Website;
4.2.4. use or deal in the Website except as permitted by these Terms;
4.2.5. use your access to the Website, or information gathered from it, for the sending of unsolicited bulk email;
4.2.6. make the Website or any part of it available to any third party who has not or does not agree to these Terms;
4.2.7. use or process the Website or any part of it unfairly or for any illegal or immoral purpose.

5. FORUM AND COMMUNICATIONS
5.1. The Website is an information and entertainment service and ancillary to this INTROVERSION is involved in the transmission, storage, retrieval and dealing with other peoples’ content and communications (“Contributions”) without review, selection or alteration of their content - for which it is a mere conduit.
5.2. The views expressed in any Contributions are the views of the individual authors and not those of INTROVERSION unless specified otherwise by INTROVERSION.
5.3. INTROVERSION is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in Contributions.
5.4. By using the Website you acknowledge that INTROVERSION has no responsibility to review the content of any Contributions and that all Contributions are made available on the basis that INTROVERSION is not required to and does not exercise any control or judgement of their content.
5.5. Notwithstanding the foregoing INTROVERSION shall be entitled to remove or reject any Contributions and remove or suspend your ability to post, make available or access Contributions.
5.6. You may give feedback and make comments and suggestions through the Website. These are also Contributions. You agree that INTROVERSION may use, publish, edit, modify and adapt the Contributions you make available, or post to or transmit to INTROVERSION whether or not through the Website (“Your Contributions”) for any and all purposes relating to the Website and/or the business of INTROVERSION and you hereby grant it an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for it to use Your Contributions in that way. You further waive all so called moral rights in Your Contributions.
5.7. Your Contributions also include suggestions for and contributions to the Games, including as part of your purchase of an applicable Tier such as the “name in the game” feature of Prison Architect.
5.8. To the extent that Your Contributions are derived from the Website or material provided by INTROVERSION, INTROVERSION will own them and you hereby assign to INTROVERSION all intellectual property rights in them.
5.9. You also agree and undertake that you are entitled to post, make available and transmit Your Contributions to us (including on or through the Website); and that we may use them; and that you will not make available, or post to or transmit to us (including on or through the Website) any statement, material or other Contributions, nor use our Games or the Website in any way, that:
5.9.1. is unlawful or which gives rise to civil or criminal liability;
5.9.2. promotes any illegal or unlawful activity;
5.9.3. infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
5.9.4. includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
5.9.5. is abusive, pornographic, defamatory, discriminatory or obscene;
5.9.6. harasses any person;
5.9.7. markets or promotes any third party;
5.9.8. interferes with another user's use and enjoyment of them;
5.9.9. impersonates any person (including any moderator, administrator or any staff or other persons connected with INTROVERSION);
5.9.10. infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, email address, physical address or phone number, and/or rights of publicity;
5.9.11. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;
5.9.12. solicits passwords or personal information;
5.9.13. provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses;
5.9.14. contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
5.9.15. exploits any person;
5.9.16. tries to gain unauthorized access to any computer, servers or any part of the Website including its servers, network and the computers of other users;
5.9.17. tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the Website;
5.9.18. engages in or solicits commercial activities or sales without INTROVERSION’s prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;
5.9.19. refers to any material that is inappropriate;
5.9.20. seeks or attempts to make any arrangement to meet a minor or which may have such a meeting as its object or effect;
or
5.9.21. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
5.10. In addition there are Tiers that can be purchased in relation to Prison Architect that, if you buy them, allow you put you’re your own name and likeness (or other content) in the Games. These elements and the related content is included in the meaning of Your Contributions above, which means you must comply with the requirements above. If you have purchased a Tier you should not use any real person's name other than your own, unless you have their express permission. If you want to use a fictional name INTROVERSION will need to ensure that it can be used and does not cause any issues. We therefore have to stress that INTROVERSION may remove or reject any of suggestions or Your Contributions. If you have paid for an applicable Tier and we cannot include the aspect of Your Contribution in the Games because of this you may be entitled to a refund.
5.11. If you discover any material which you believe contravenes these Terms please inform INTROVERSION or a forum moderator with details of the page you found it on.
5.12. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. INTROVERSION HAS NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. THIS IS A DECISION THAT CAN ONLY BE MADE BY YOU. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING THE WEBSITE AND ITS SERVICES YOU ACCEPT THAT THIS IS THE CASE AND ACCEPT THAT YOU THEREFORE USE THE WEBSITE AT YOUR OWN RISK. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
5.13. You acknowledge and agree that, if necessary, INTROVERSION will communicate with you via the email address you have provided to INTROVERSION. Notices that are applicable to all INTROVERSION’s customers shall be made available on the Website or otherwise within the Website. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Website.
5.14. All emails sent by INTROVERSION and attachments thereto are intended for the addressee only.
5.15. Certain forums and sections of the Website may only be available to specific groups of users.

6. PURCHASES, REFUNDS AND SHIPPING
6.1. You may purchase Games and other perks through the Website, including, in connection with the Prison Architect Game the various tiers that are described on it (“Tiers”).
6.2. Games and Tiers are advertised for sale on the Website so that you may offer to purchase them for the price stated in the manner described below.
6.3. When you complete and submit the online form required to purchase a Game or Tier you are offering to purchase them for the price stated ("Order").
6.4. Orders are subject to these Terms and the use of a Game is subject to the terms of the applicable Games EULA. Orders are deemed accepted when INTROVERSION sends the confirmation email or makes the Games available for download.
6.5. The charge will appear on your credit card bill, bank or PayPal statement. Credit card Orders will be confirmed by email and are deemed accepted when INTROVERSION sends the confirmation email. All Order details and invoices will be sent to the credit card or debit card billing address and not the shipping address where they differ.
6.6. You will not be charged for any Orders that cannot be fulfilled and where appropriate INTROVERSION will re-credit to your account any sum debited by INTROVERSION.
6.7. INTROVERSION may cancel any sale and not provide a Game or Tier if it is reasonable to do so and may change or discontinue the availability of Games or Tiers at any time at its sole discretion.
6.8. The availability of rights and benefits of each Game or Tier is a service that commences when the Website makes any of the services or benefits described above available to you, following which you shall not be entitled to cancel your Order. For example once a Game is available for download or, say, we start creating anything that is bespoke for you (such as an element of the Tier you have purchased or any of Your Contributions that we have agreed to implement) you may not cancel your Order for it.
6.9. INTROVERSION cannot guarantee that Games or Tiers will always be available.
6.10. PLEASE DO NOT SEND CASH, POSTAL ORDER, MONEY ORDER OR CHEQUE. INTROVERSION MAY NOT ACCEPT THEM (BUT RESERVES THE RIGHT TO DO SO). INTROVERSION WILL NOT BE RESPONSIBLE FOR LOSS OF CASH, POSTAL ORDER, MONEY ORDER OR CHEQUE.
6.11. If for any reason you are not happy with your digital order, please email support@introversion.co.uk including your original email receipt within 30 days of placing the order and we will issue a refund.
6.12 If for any reason you are not happy with your physical order, please email support@introversion.co.uk including your original email receipt within 30 days of placing the order and we will contact you with return details. Once we have received the item we will issue a refund. We regret that we cannot reimburse shipping fees unless there is a manufacturing defect with the item.
6.13 All download orders are made available immediately after payment has been confirmed. You will be redirected to a download page and a link will be e-mailed to you.
6.14 If you have ordered a physical unit then your goods will be displatched by Royal Mail post within 24 hours of reciving the order. Delivery times vary from 1 day (UK) to 10 days (West Coast US). Should you not recieve your item within 10 days please email support@introversion.co.uk and we will investigate the issue and dispatch another unit if necessary.

7. COMMERCIAL RELEASE
7.1. The time, manner, place and all other aspects of commercial release of the Games shall be determined by INTROVERSION in its sole discretion.

8. LIABILITY
8.1. INTROVERSION provides and maintains the Website for personal information, education and entertainment on an “as is” basis and is liable only to provide its services with reasonable skill and care.
8.2. External Sites have not been verified or reviewed by INTROVERSION and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.
8.3. INTROVERSION gives no other warranty in connection with the Website and to the maximum extent permitted by law, INTROVERSION excludes liability for:
8.3.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which INTROVERSION has been made aware of;
8.3.2. the accuracy, currency or validity of information and material contained within any Contributions or the Website; 8.3.3. any interruptions to or delays in updating the Website;
8.3.4. any incorrect or inaccurate information on the Website;
8.3.5. the infringement by any person of any copyright or other intellectual property rights of any third party through any Contributions or use of the Website;
8.3.6. the availability, quality, content or nature of External Sites;
8.3.7. any transaction involving External Sites;
8.3.8. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Website, or any Contributions;
8.3.9. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
8.4. INTROVERSION does not warrant that the operation of the Website will be uninterrupted or error free.
8.5. INTROVERSION will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
8.6. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
8.7. You agree that in relation to your use of the Website you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute INTROVERSION, the Website or the Games.
8.8. You agree that you are and shall remain responsible for maintaining the confidentiality of your Password and membership account and for all activities that occur under your account.
8.9. Your Contributions must also be your creation. You must not make any content available, using the Website (including any Contribution to it or any Game), that infringes the rights of anyone else or do anything in breach of these Terms which may give a person a claim against INTROVERSION. If you make a Contribution to a Game or Website or breach these Terms and INTROVERSION get challenged, threatened or sued by someone as a result, INTROVERSION may hold you responsible and that means you may have to pay INTROVERSION back for any damage we suffer as a result.

9. TERMINATION
9.1. Without limiting to any other rights it may have INTROVERSION may remove, restrict, cancel or suspend access to and use of the Website and any part of it in the event that you breach of any of these Terms.

10. POLICY ON PRIVACY, DATA, COOKIES AND MARKETING COMMUNICATIONS Data
10.1. You agree to abide by the provisions of Introversion's Privacy Policy.

11. GENERAL
11.1. These Terms are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall it exclude or limit INTROVERSION’s liability for death or personal injury resulting from its negligence nor any fraudulent acts or representations.
11.2. These Terms together with such of the Games EULA as shall become applicable shall constitute the entire agreement between you and INTROVERSION relating to the subject matter thereof and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
11.3. Use of the word “including” in these Terms means including without limitation.
11.4. Failure to enforce any of these Terms will not be deemed a waiver of any term or right.
11.5. If any part of these Terms is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
11.6. the Website is intended for and directed at the United Kingdom and no representation or warranty is made as to whether the Website complies with the regulatory regime and local laws of any other country.
11.7. Use of and participation in the Website and any aspect of it and these Terms are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the permissions, exclusions, licences and conditions of use relating thereto and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
11.8. INTROVERSION shall be entitled to assign and otherwise transfer the agreement covered by the Terms and any rights and obligations hereunder it on giving you reasonable notice, which may include via the Website.
11.9. Introversion Limited:
Registered company number [4354601] (England & Wales).
Registered company address:
11.10. All questions, comments or enquiries should be directed to INTROVERSION by emailing support@introversion.co.uk. We will endeavour to respond to any query or questions within 48 hours.


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