Terms of Use
These Terms of Use were last updated on: 24th June 2015.
Welcome to the Fat Pebble Limited (hereafter “Fat Pebble” or “Us” or “We”) Terms of Use agreement. These terms, along with our Privacy Policy (see the “Privacy Policy” button) describe the relationship between you and Fat Pebble, a company registered for business at Lion House, Red Lion Street, London, England, WC1R 4GB.
By using our applications (“Our Applications”), you agree to be bound by these Terms of Use (“Terms”). If you don’t agree with them or don’t understand them, please don’t use Our Applications and uninstall them from your device.
We often work with partners (“Partners”) to give you the best experience we possibly can. These Terms concern your relationship with Fat Pebble. They don’t apply between you and our Partners unless clearly stated in these Terms. Our Partners and their affiliates also benefit from our rights under these Terms and may enforce them against you.
1. GRANT AND SCOPE OF THE LICENSE
1.1 As long as you agree with these Terms and you continue to abide by them, Fat Pebble grants you a non-exclusive, non-transferable, revocable limited license to access and use Our Applications solely for your own non-commercial entertainment purposes. You may also receive any free supplementary software code or update of Our Applications which may be released by Us. You agree not to use Our Applications for any other purpose. We remain the sole owners of Our Applications.
1.2 Your use of Our Applications is also governed to the extent applicable by, (i) our Partners’ applicable terms and conditions, (ii) the terms and conditions of the applicable platform, and (iii) the terms and conditions of the applicable carrier.
1.3 You understand that while at times you may “earn” “buy” or “purchase” (a) virtual currency, including but not limited to virtual clay, coins, cash, tokens, or points, all for use in Our Applications; or (b) virtual in-game items (together with virtual currency, “Virtual Items”); these real world terms are only being used as shorthand. You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. If you need to deal with one of our Partners for payment, we are not liable for anything that goes wrong.
2. RULES OF CONDUCT
2.1 Please don’t:
2.1.1 Use Our Applications to do anything illegal.
2.1.2 Use Our Applications to harm or attempt to harm minors in any way.
2.1.3 Use Our Applications to send unauthorised advertising
2.1.4 Use Our Applications to send viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs.
2.1.5 Pretend to be Fat Pebble or pretend that we endorse you in any way.
2.1.6 Record or analyse info of other Fat Pebble customers.
2.1.7 Use software programs or methods that automatically analyse our programs.
2.1.8 Try to get unauthorised access to Our Applications
3. STANDARDS OF CONTENT
3.1 These standards apply to any material you contribute or submit to Our Applications or any interactive services associated with it. You agree to comply with the spirit as well as the letter.
3.2 Contributions must:
3.2.1 Be accurate (facts)
3.2.2 Be genuinely held (opinions)
3.2.3 Comply with applicable law in the UK and in any country in which they’re posted
3.3 Contributions must not:
3.3.1 Be defamatory.
3.3.2 Promote sexually explicit material.
3.3.3 Be hateful, obscene or offensive.
3.3.4 Promote violence.
3.3.5 Promote discrimination based on race, sex, nationality, religion, disability, sexual orientation or age.
3.3.6 Infringe any copyright or Trademark.
3.3.7 Be made in breach of any legal duty owed to a third party.
3.3.8 Promote illegal activity.
3.3.9 Threaten or intimidate anybody.
3.3.10 Impersonate or misrepresent anyone.
4. CHANGES TO THE APPLICATION
4.1 You acknowledge that:
4.1.1 We may change the content of Our Applications at any time. To help you determine whether you are reading an updated version of the Terms, we have included the date of the most recent changes at the top of the page.
4.1.2 We may suspend access to Our Applications or close them indefinitely at any time.
4.1.3 You might have to update Our Applications in order to continue using them properly.
4.1.4 Some of these Terms may be superseded by notices elsewhere in Our Applications.
4.1.5 By continuing to use Our Applications, you are agreeing to be bound by any changes we make.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all content in Our Applications and the Documentation belongs to Us, anywhere in the world. You agree that you are only using Our Applications under non-transferable, revocable license from Fat Pebble.
5.2 You acknowledge you have no right to access Our Applications’ source code.
6. VIOLATION OF TERMS
6.1 If you violate or try to “get around” these Terms, we reserve the right to take any action open to us against you.
6.2 We may have to collect, use, store and disclose information about you (as defined under our Privacy Policy) to protect our rights. You agree to such disclosure. We may do so if we believe in good faith that a) we have to under the laws of England, b) we have to in order to prevent illegal activity or to comply with courts, governments and law enforcement authorities or c) we have to in order to prevent physical harm to any person.
6.3 You agree to pay all of our lawyers’ fees if we do have to take action against you for violating or trying to get around these Terms.
7. LINKS TO OTHER SITES AND APPLICATIONS
7.1 We may provide links to external sites and applications. We aren’t liable for the integrity, content or quality of any external sites or applications we link to.
8. WARRANTY
8.1 You use Our Applications at your sole risk. They are provided “as is” and “as available”
8.2 Our Applications may have bugs and errors. You agree that such bugs and errors don’t breach these Terms.
8.3 We don’t make any promises that i) Our Applications will meet your requirements ii) Our Applications will be uninterrupted, timely, secure or error-free or iii) any errors will be fixed.
8.4 Anything that you download through Our Applications is done so at your own risk. You’re responsible for any damage to your mobile device or loss of data that results in such downloads.
8.5 Anything we tell you outside of these Terms doesn’t constitute any sort of warranty.
9. LIMITATION OF LIABILITY
9.1 As much as we’d like to, we haven’t made Our Applications just for you, so it’s your responsibility to make sure it meets your requirements.
9.2 Our Applications are only for domestic and private use. Please don’t use them for commercial, business or re-sale purposes. We have no liability for anything bad that happens if you do, such as loss of profit, loss of business, business interruption or loss of business opportunity.
9.3 Maximum aggregate liability is limited to the amount you paid us for Our Applications or any associated services in the 6 months preceding the event giving rise to the claim.
9.4 Nothing here stops us being liable for:
9.4.1 Death or personal injury resulting from our negligence.
9.4.2 Fraud or fraudulent misrepresentation.
9.4.3 Any other liability that can’t be excluded or limited by English law.
10. TERMINATION
10.1 We can terminate the license immediately by written notice if you materially or repeatedly breach these Terms.
10.2 If we terminate the license, all the rights granted to you under this license are revoked and you must delete Our Applications.
11. EVENTS OUTSIDE OUR CONTROL
11.1 If there’s an event outside of our control that makes it hard or impossible to fulfil our obligations under this agreement, our obligation under these Terms will be suspended for the duration of the event. We’ll try our best to perform our obligations during this time, though.
12. SOME OTHER THINGS
12.1 We may transfer our rights under these Terms to someone else, but it won’t affect your rights.
12.2 You can only transfer your rights to someone else if We explicitly agree in writing.
12.3 You can only bypass any of these Terms if We explicitly tell you that you may do so in writing, and not for any other reason.
12.4 If any part of these Terms is considered to be unlawful, the remaining terms will remain in full force and effect.
12.5 It may be that the jurisdiction that you’re in limits some of the limitations of liability in these Terms of Use. If that’s the case, it’s up to you to ready up on the relevant laws and to verify which limitations of liability apply and which don’t.
12.6 In exchange for using Our Applications, you agree to defend and indemnify Us and the people that work for Us if a third party pursues action against Us because of your use of Our Applications, your violation of these Terms or your violation of someone else’s rights. This applies even after you stop using Our Applications.
12.7 These Terms are governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction.
Phew! Enjoy Clay Jam!
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