1.1. www.redkitegames.co.uk (the “Website”) is owned and operated by Red Kite Games Limited (“Red Kite Games”, “we”, “us” or “our”).
2. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
2.1. The Website is made available solely for your private, non-commercial, personal use only. This does not give you any rights of ownership in the Website. Our terms of subscription permit commercial use of the Website in some circumstances.
2.2. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in Red Kite Games, or are licensed to Red Kite Games.
2.3. All third party trade names and trade marks are the property of their respective owners and Red Kite Games makes no warranty or representation in relation to them.
3. RESTRICTIONS AND OBLIGATIONS
3.2. You will not:
3.2.1 hack, modify, reverse engineer or create derivative works of the Website or any part of it
3.2.2. gain unauthorised access to any part of the Website
3.2.3. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website
3.2.4. create software which replicates or mimics the data or functionality in the Website
3.2.5. use your access to the Website for the sending of direct marketing
3.2.7. copy or exploit any part of the Website or the content it contains
3.2.8. use the Website or any part of it unfairly or for any illegal or immoral purpose; or
3.2.9. attempt to do any of the acts listed above.
4.1. The Website may enable the display of third party content (“User Content”).
4.2. The views expressed in any User Content are the views of the individual authors and not those of Red Kite Games unless we specify otherwise.
4.3. By using the Website you acknowledge that we have no responsibility to review any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over it.
4.4. Although we are not obliged to do so, we may remove or reject any User Content.
4.5. 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. WE HAVE NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN READING USER CONTENT ON ANY WEBSITE. BY USING THE WEBSITE YOU ACCEPT THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
4.6. You agree that we may process and store any content you submit to the Website (“Your Content”).
4.7. You may display Your Content to other Users of the Website, and other Customers of the Website may display User Content to you.
4.8. You agree to the distribution of Your Content by us both internally and externally. Therefore you should ensure that Your Content does not contain information which you intend to keep confidential or private.
4.9. By making available, posting or transmitting Your Content to the Website, you are granting us a non-exclusive, transferrable, sublicensable, royalty-free, irrevocable, perpetual worldwide licence to use and exploit Your Content for any purpose.
4.10. You agree that you are entitled to make available, post or transmit Your Content to the Website.
4.11. You will not make available, post or transmit to the Website any statement, material or other content, nor use the Website in any way, that:
4.11.1. is unlawful or may give rise to civil or criminal liability;
4.11.2. infringes any copyright or other intellectual property right of any third party;
4.11.3. infringes any third party’s rights of privacy or rights of publicity;
4.11.4. includes any computer virus or other malicious software;
4.11.5. is abusive, pornographic, defamatory, discriminatory or obscene;
4.11.6. harasses any other person;
4.11.7. interferes with another user’s use and enjoyment of the Website;
4.11.8. impersonates any moderator, administrator or any staff or any other person connected with Red Kite Games;
4.11.9. contains the confidential information of any other person;
4.11.10. solicits passwords or personal information;
4.11.11. contains video, photographs, or images of any other person without his or her permission (or in the case of a minor, the minor’s legal guardian);
4.11.12. exploits any other person;
4.11.13. we consider inappropriate; or
4.11.14. encourages or provokes any other person to do any of the acts listed above.
4.12. If you discover any material which you believe contravenes these Terms, please inform us.
4.13. The Website provides means by which you can communicate with us. We will communicate with you at the email address you have provided or through other means of communication provided by the Website. Notices that are applicable to all our customers shall be made available on the Website publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Website. We will be deemed to have received a notice when we issue confirmation to you.
4.14. All emails (or other messages) we send are intended for the addressee only.
5.1. Red Kite Games provides and maintains the Website on an “as is” basis and is liable only to provide its services with reasonable skill and care.
5.2. External Sites have not been verified or reviewed by Red Kite Games 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.
5.3. RED KITE GAMES GIVES NO WARRANTY IN RESPECT OF THE INFORMATION CONTAINED ON THE WEBSITE AND EXCLUDES ALL LIABILITY FOR ANY INCORRECT OR INACCURATE INFORMATION OR MATERIAL THE WEBSITE CONTAINS.
5.4. Red Kite Games gives no other warranty in connection with the Website and to the maximum extent permitted by law, Red Kite Games excludes liability for:
5.4.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which Red Kite Games has been made aware
5.4.2. any interruptions to or delays in updating the Website
5.4.3. the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Website
5.4.4. the availability, quality, content or nature of External Sites
5.4.5. any transaction taking place on External Sites
5.4.6. any transaction with third party retailer taking place on the Website
5.4.7. 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 any other person accessing, using or downloading the Website; and
5.4.8. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
5.5. Red Kite Games does not warrant that the operation of the Website will be uninterrupted or error free.
5.7. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
5.8. You agree not to use the Website in any way which is:
5.8.2. may give rise to civil or criminal liability for Red Kite Games; or
5.8.3. which might call Red Kite Games into disrepute.
7.3. Failure to enforce any term does not constitute a waiver of that term.
7.5. No representation or warranty is made as to whether the Website complies with the laws of any other country other than the United Kingdom.
7.8. All questions, comments or enquiries should be directed to Red Kite Games. Red Kite Games will try to respond to within 48 hours.