Terms of use

12 January 2022

Definitions

“We”, “Us”, “SHG” means Sponge Hammer Games

“Services” means the whole or any part of the services provided by Sponge Hammer Games (“SHG”, “We” or “Us”), including games developed and/or published by SHG and web pages (including but not limited to spongehammergames.com, www.flatstonegrove.com and www.laposkoliget.com) and online services for the aforementioned games or any other services SHG has attached these Terms to.

“Privacy Policy” means Sponge Hammer Games’ privacy policy that is available at spongehammergames.com/privacy-policy

“You”, “Your” means you as an individual if you are over the age of Majority, or if you are under the age of Majority your parent or legal guardian.

“User Account” means data specific to an individual stored in the Service, on the mobile device or in service providers in accordance with our Privacy Policy.

“Username” means the primary identifier of the User Account or another identifier that is specific to the Services and may be used to identify Your User Account or You as an individual.

“Content” means including without limitation to any games, titles, computer code, themes, objects, characters, names, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, recording of games played using SHG’s game clients and SHG’s game clients and server software, videos, photos, graphics, sounds, text, data, communications, illustrations, documentation and other material and services that users can view on, access through, or contribute to the Services, trademarks, logos, trade names, service marks, and trade identities of Sponge Hammer Games and other forms of intellectual property.

A reference in this agreement to the singular includes the plural and vice versa.

Recitals

Sponge Hammer Games is a video game development company. Company Number: (Registered in England and Wales): 11232215. Our registered office address is 27, Coriolanus Square, Warwick, CV34 6GR, United Kingdom. Our contact email is info@spongehammergames.com

Terms of Service

These Terms of Service to the Services and govern the relationship between You and Sponge Hammer Games regarding your use of the Services. By downloading, installing, accessing, or using any part of the Services You agree to these Terms and agree to be bound by these Terms. Use of the Services is also governed by the Privacy Policy.

You must read and accept these terms and take full responsibility for compliance with these Terms of Service. These terms along with the Privacy Policy affect your legal rights and obligations. If you or your parent/ legal guardian does not wish to be bound by these terms please exit and stop using the Services now.

SHG reserves the right to make changes to these terms at any time. Your continued use of the Services will be deemed to confirm your acceptance of the updated terms.

Accessing the Services through a mobile network, this can be your network or provided by a roaming partner, data, messaging and other rates and fees may apply. You are responsible for such rates and fees. Downloading, installing, or using the Services may be prohibited or restricted by Your mobile network provider and some parts of the Services may not work with your network provider or Your device.

You may not use the Services for commercial purposes without prior, written permission from Us. You may not use the Services in any unlawful way or in a way that harms Us, or any other person or entity.

Licence

Subject to You agreeing to these Terms and your continued compliance with these Terms, SHG grants you a personal, non-exclusive, non-transferrable, non-sublicensable, revocable and limited licence to access and use the Services and the Content for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

You may be given the choice to create a User Account and/or choose a Username for you to use in the Services. SHG reserves the right to remove or reclaim any usernames.

The Services support only one player account per game on a supported device. Additionally, the Services may not support using the same player account across multiple devices.

Intellectual Property Rights

All rights, title, and interest in and to the Content are owned by or licenced to SHG, subject to copyright and other intellectual property rights under UK and foreign laws and conventions. SHG reserves all rights, including without limitation, all intellectual property rights, or other proprietary rights in connection with its games and the Services. Except as expressly provided in the Terms, SHG does not grant any express or implied rights to the SHG property.

Beta Tests

SHG may offer You the chance to participate in beta tests (open or closed) of certain parts of the Services.

By applying and/or participating in beta tests you accept that

–        Parts of Services being beta tested may not function on some devices regardless of their listed hardware or software requirements or specifications.

–        SHG may not provide any customer service or assistance for parts of the Services being beta tested.

–        Any feedback submitted to SHG by you may be used by SHG without providing any compensation to you. By submitting or creating any material, content or feedback regarding the beta tested parts of the Services you grant to SHG an unlimited, sublicensable, fully paid up, nonexclusive and transferable licence to utilise such material, content and/or feedback in its business.

–        Your participation in beta test does not entitle you to be invited to or to participate in any beta test offered by SHG.

Disclaimer of Warranties; Limitation of Liability

Neither SHG nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Services.

You expressly agree that the use of the Services is at your sole risk. All Content and Services are provided on an “As is” and “As Available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose or the warranty of non-infringement.

We make no warranty that

–        the Services will meet your requirements

–        the Services will be uninterrupted, timely, secure or error-free

–        the results that may be obtained from the use of the Services will be effective, accurate or reliable

–        the quality of any part and/or the whole of the Services, any information purchased or obtained by your though the Services will meet your expectations or be free from mistakes, errors, or defects

SHG makes no commitment to update its Services. The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of the Services whether for breach of contract, negligent behaviour or under any other cause of action.

Some states/countries do not allow limitations on how long an implied warranty lasts and/or the exclusion or limitation of incidental or consequential damages, so the above limitations and/or exclusion or limitation of liability may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction.

Indemnity

You agree to indemnify, defend, and hold harmless SHG, its partners, affiliates, contractors, officers, directors, employees, and agents harmless from all claims, damages, losses and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions to act in using the Services pursuant to the terms of these Terms.

Service Termination, Suspension and Changes

SHG reserves the right to terminate, suspend or change the Services at any time for any reason, no reason, with or without notice to you. Additionally, SHG may terminate and/or suspend your use of the Services for violation of these Terms or violation of any other policy related to the Services. You agree that SHG shall not be liable for any loss or damage caused directly or indirectly by any such termination, suspension or change and you will have no further access to the Services and shall have no right to any refund to any monies paid to SHG.

Support

We provide email support for our games. If you need to get in touch please email support@spongehammergames.com 

Assignment

SHG may assign these Terms of Service in whole or in part at any time. Notwithstanding you may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without SHG’s express prior written consent.

Governing law

In the event of any dispute between You and Us concerning these Terms, the laws of England and Wales will apply, to the extent permitted by local law.  If You wish to take court proceedings against SHG You must do so within England and Wales.