The terms and conditions detailed herein govern the relationship between you and Thumbstar (hereinafter ‘Thumbstar’ or ‘Us’ or ‘We’) regarding your use of Thumbstar’s mobile games and applications and all related services, which includes, but is not limited to, all mobile games and applications for mobile devices and any Thumbstar websites (collectively ‘the Thumbstar Service’). ‘Thumbstar’ means Thumbstar Games Limited, a company registered in England and Wales with company number 06541218 whose registered office is at 1st Floor, Baird House, Liverpool Innovation Park, Edge Lane, Liverpool, L7 9NJ, United Kingdom, and shall include all subsidiaries and parent companies and other corporate entities under common ownership.
Your use of the Thumbstar Service
Subject to your agreement and continued compliance with these terms and conditions and the limitations of use contained herein, Thumbstar grants you a non-exclusive, non-transferable, revocable, limited licence to access and use the Thumbstar Service solely for your own non-commercial entertainment purposes and you hereby agree not to use the Thumbstar Service for any other purpose.
Account registration and ownership
You acknowledge and agree that you shall have no ownership or other proprietary right in your account and furthermore accept that all rights in and to an account shall be owned by and inure to the benefit of Thumbstar.
Limitations of Use
By accepting these terms and conditions you agree:
•to abide by all applicable laws, regulations and codes of conduct
•to be solely responsible for all things resulting from your use of the Thumbstar Service
•not to disrupt or damage the Thumbstar Service or do anything which may interrupt or impair its functionality
•not to use cheats, bots, hacks or any other form of unauthorised software designed to modify or interfere with the Thumbstar Service
•attempt to gain unauthorised access to the Thumbstar Service or accounts registered to others
•not to post any information and/or content that is abusive, obscene, threatening, defamatory or racially and/or sexually and/or religiously offensive, contains nudity, excessive violence or is otherwise objectionable
•not to attempt to or harass or harm or abuse or incite harassment, harm or abuse of another person
•not to infringe any third party rights through your use of the Thumbstar Service
•not to use the Thumbstar Service for any commercial purpose whatsoever
•not to solicit or attempt to solicit personal information from other users of the Thumbstar Service
•not to represent yourself in any way as being connected with Thumbstar
•not to engage in any act that Thumbstar deems to be in conflict with the intention behind the Thumbstar Service
Any use of the Thumbstar Service in violation of the Limitations of Use detailed in these terms and conditions may result in the immediate revocation of the licence granted to you herein and, in addition, may subject you to separate legal proceedings.
Any communications, images, sounds and all other material and data that you upload or transmit in connection with the Thumbstar Service, including any chat text, shall be regarded as your user content. You shall retain all ownership to your user content but you hereby grant Thumbstar a perpetual and irrevocable, fully paid-up and royalty free, non-exclusive, unlimited, worldwide licence right (including the right to sub-licence and assign to third parties) to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, commercialise, publish, sell, distribute, licence, sub-licence, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to, broadcast, enter into computer memory and use and practise, in any way now known or hereafter discovered, your user content as well as all modified and derivative works thereof in connection with Thumbstar’s provision of the Thumbstar Service, including any and all marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in your user content.
By transmitting and submitting your user content, you hereby represent and warrant that such transmission or submission is (i) not confidential (ii) accurate (iii) free from any viruses, adware, worms, spyware or other malicious code (iv) not in violation of any third party rights. You are entirely responsible for all user content you post or otherwise transmit via the Thumbstar Service and Thumbstar assumes no responsibility for the conduct of any user submitting or transmitting user content and assumes no responsibility for monitoring the Thumbstar Service for inappropriate or illegal content or conduct. Thumbstar may, in its sole discretion, edit, reject, refuse to post or delete any user content for any or no reason.
Thumbstar cannot guarantee that other users of the Thumbstar Service will not use the ideas and information that you share as part of your user content. Thumbstar shall have no responsibility to evaluate, use or compensate you for any ideas or information that you may choose to submit. For the avoidance of any doubt, Thumbstar is not responsible for any user’s misuse or misappropriation of any content or information posted by you in any forums, blogs and/or chat rooms.
As part of the Thumbstar Service, you may be afforded the opportunity to purchase a licence to use virtual tokens and or other items or services. Any such purchases shall be in accordance with the conditions as detailed in respect of that particular part of the Thumbstar Service. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Thumbstar may revise the pricing for the items and services it licences to you through the Thumbstar Service at any time. You acknowledge and accept that purchases or redemptions of third party virtual currency to acquire a licence to use virtual tokens or other such items are non-refundable and that you will not receive money or other compensation for any unused virtual tokens or other items when your account is closed, whether such closure was voluntary or involuntary.
Intellectual Property Rights
The Thumbstar Service is copyrighted works owned by Thumbstar or used by Thumbstar under licence from third party copyright owners. All Thumbstar trademarks, names and logos are the proprietary marks of Thumbstar. Marks identifying third parties are owned by those third parties. Thumbstar reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in and to the Thumbstar Service.
Thumbstar may make improvements or changes to the Thumbstar Service at any time without notice. Thumbstar reserves the right to alter these terms and conditions at any time and it is your obligation to check if any changes have been made. Your use of the Thumbstar Service after changes have been made constitutes your acceptance of the new terms and conditions.
Disclaimer of Warranties / Limitation of Liability
You expressly agree that the use of the Thumbstar Service is at your sole risk and the Thumbstar Service is provided “AS IS” and Thumbstar gives no warranties, conditions, guarantees or representations, express or implied, that the Thumbstar Service will be available without interruption or that it is error free and makes no other warranties of any kind, including without limitation, the implied warranties of non-infringement, satisfactory quality and fitness for a particular purpose.
You hereby accept that in no event will Thumbstar be liable to you for any indirect, special, incidental, exemplary or consequential damages (including without limitation, loss of profits, goodwill or data) in any way arising out of the use of, or inability to use, the Thumbstar Service.
You irrevocably agree to fully indemnify, save and hold Thumbstar, its affiliated companies, contractors, employees, agents and its third party suppliers, licensors and partners free from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Thumbstar Service, any violation by you of these terms and conditions, or any breach of the representations, warranties and covenants made by you herein. Thumbstar reserves the right at your expense to assume the exclusive defence and control of any matter for which you are required to indemnify Thumbstar and you agree to cooperate with Thumbstar in connection with the defence of such claims. Thumbstar will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. The provisions of this paragraph will survive any termination of your account or of the Thumbstar Service.
Thumbstar reserves its right, with or without notice to you, to limit, suspend, terminate, modify or delete your account if you are, or Thumbstar suspects you are, failing to comply with any of these terms and conditions or for any actual or suspected illegal or improper use of the Thumbstar Service. In addition, Thumbstar reserves the right to stop offering and/or supporting the Thumbstar Service or a particular game or application or part of the Thumbstar Service at any time either permanently or temporarily, at which point your licence to use the Thumbstar Service or a part thereof will be automatically terminated or suspended. In such circumstances, Thumbstar shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Thumbstar Service.
These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English courts.
These terms and conditions form the entire understanding between you and Thumbstar relating to your use of the Thumbstar Service and supersede all previous agreements between us relating to the subject matter hereof. If any provision of these terms and conditions are held by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, then such provisions shall be deemed deleted from these terms and conditions and the remaining provisions shall be construed as far as possible to reflect the intention of the parties.
No delay or failure by Thumbstar to exercise or enforce any right or remedy under these terms and conditions shall constitute a waiver of that right or remedy or any other right or remedy.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and the rights and obligations set out herein are personal to you and us.