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TERMS OF USE

Last updated: 12 May 2018

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION AND IS LEGALLY BINDING – PLEASE READ IT CAREFULLY.

1. INFORMATION ABOUT US

We, Pegnio Ltd, are a company registered in England and Wales with company number 09536792 and have our registered office at 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ. We own the game known as Cosmos Invictus (which includes all content within or used in connection with Cosmos Invictus such as card packs and in-game virtual items) (Game).

2. APPLICATION OF THESE TERMS OF USE

2.1 These terms (Terms of Use) govern your use of the Game.

2.2 Please read these Terms of Use carefully before you start to use the Game. By using the Game, or by clicking in the ‘I accept’ button, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please do not download or use the Game.

2.3 We process information about you in accordance with our Privacy & Cookie Policy, which forms part of these Terms of Use. You can always review our Privacy & Cookie Policy.

2.4 These Terms of Use form a binding agreement between you and us. We recommend that you print a copy of these Terms of Use for future reference.

3. CHILDREN AND YOUNG PEOPLE

3.1 The Game is for users who are over the age of 12. If you are under the age of 12 please do not download or use the Game.

3.2 Users under the age of 18 should only use the Game and purchase card packs and in-game virtual items for use in connection with the Game (Game Items) with the permission of a parent or guardian. The parent or guardian should review these Terms of Use carefully and explain to the user how these Terms of Use and our Privacy & Cookie Policy will apply.

4. GAME PLATFORMS

4.1 You may download and play the Game via certain third party game platforms.

4.2 The Game is currently available through the Steam game platform, which is owned and operated by Valve Corporation (Game Platform).

4.3 The Game Platform may impose additional terms and conditions governing your use of its websites, apps and services and your use of the Game. Those terms will form an agreement between you and the Game Platform and are in addition to the agreement between us set out in these Terms of Use.

4.4 The Game Platform is a third party. We have no control over the websites and other resources provided by the Game Platform. We encourage you to carefully review the Game Provider’s terms of use and privacy policies before you use its sites to download and play the Game. We accept no responsibility for the Game Platform’s websites, apps, services, practices or privacy policies.

5. TECHNICAL REQUIREMENTS

5.1 The Game is currently available for use with Windows, Mac and Linux computers. You should check the Game Platform terms and conditions for any specific technical requirements for you to access and use the Game.

5.2 For the Game to function it requires an internet connection. You are responsible for making all arrangements necessary to enable you to have a sufficient internet connection to use the Game. You are also responsible for all payments and charges associated with your internet usage in connection with the Game.

6. INTELLECTUAL PROPERTY RIGHTS & LICENCE

6.1 We are the owner or the licensee of all intellectual property rights in the Game, which is protected by copyright laws and treaties. This includes all intellectual property rights in all content of the Game including (without limitation) all Game Items, text, images, characters, storylines, audio, music, software, programs, code, trade marks and logos. All such rights are reserved to us and our licensors. 

6.2 We grant you a non-exclusive licence to use the Game for personal, non-commercial use, subject to your compliance with these Terms of Use.

6.3 If you use the Game in breach of these Terms of Use, your right to use the Game will cease and you must immediately stop using the Game and, if requested by us, immediately return or delete any copies of the Game and any other Game-related materials you have in your control or possession.

7. ACCEPTABLE USE

7.1  You agree to use the Game only for your own personal, non-commercial use and lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You must not, or must not attempt to, without our prior written consent:

7.1.1 copy, duplicate, modify, create derivative works from or distribute all or any portion of the Game (including any software forming part of the Game), but this does not prevent you sharing screen shots of the Game or videos of the Game on social media or other sites for non-commercial purposes;

7.1.2 reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Game (including any software forming part of the Game) save to the extent expressly permitted by law; or

7.1.3 obtain, or assist third parties in obtaining, unauthorised access to the Game (including any software forming part of the Game).

7.2  You may not use the Game:

7.2.1 in any way that breaches any applicable local, national or international law or regulation;

7.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

7.2.3 for the purpose of harming or attempting to harm minors in any way; or

7.2.4 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

7.3  You also agree not to access without our consent, interfere with, damage or disrupt:

7.3.1 any part of the Game;

7.3.2 any equipment or network on which we store the Game;

7.3.3 any software used in the provision of the Game; or

7.2.4 any equipment or network or software owned or used by any third party in the provision of the Game.

7.4  You will be responsible for any losses, expenses and other costs we incur which are caused by your intentional, reckless or        negligent non-compliance with any of the restrictions on your use of the Game set out in this Acceptable Use paragraph.

8. PRICES AND PAYMENT

8.1 The Game (excluding Game Items) is available to download from the Game Platform free of charge.

8.2 You may purchase Game Items from the Game Platform store (Store).

8.3 Prices for the Game Items will be displayed on the Store. If VAT or other sales tax are payable in addition to the price of the Game Items, the additional amount you have to pay will be clearly stated. 

8.4 We, or the Game Platform, may change the prices for Game Items from time to time by posting new prices on the Store but these price changes will not affect purchases for Game Items which have already been placed.

8.5 Payments will be processed by the Game Platform and you should refer to its terms and conditions for details of how they collect and processes payments.

8.6 Upon receipt of payment in full the Game Item will immediately be available to you within the Game.

9. REFUNDS

9.1 Game Items are digital content for the purposes of UK consumer law.

9.2 Under UK consumer law, you have statutory cancellation right to cancel a purchase of digital content any time within 14 days of the date you purchase it, however by agreeing to these Terms of Use and purchasing a Game Item, you expressly request that we provide you with the Game Item within the statutory 14 day cancellation period. You also acknowledge that in making such a request you have waived your right to cancel your purchase of the Game Item.

9.3 We are not able to cancel the supply of, refund payment for or otherwise replace exchange or modify a purchase of a Game Item once your purchase has been made. This does not apply if the Game Item you purchase is defective.

9.4 You may not transfer, distribute, resell, upload or otherwise deal with Game Items, save as expressly permitted under these Terms of Use.  In particular, you are not permitted to trade or exchange any Game Items with any other user of the Game.

10. AVAILABILITY OF THE GAME AND UPDATES

10.1 Your access to the Game or certain features of the Game may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functionality.

10.2 The Game (other than Game Items) is provided to you free of charge and although we will use reasonable care and skill in developing the Game and providing it to you, we do not guarantee that the Game (including your access to Game Items) will be uninterrupted, error-free or available all of the time. Due to the inherent nature of the internet, errors, interruptions and delays may occur to the Game at any time. If you notice an error, please contact us: support@cosmosinvictus.com

10.3 If we release an upgrade to the Game, you will be required to download that upgrade in order to continue to use the Game. Upgrades will be offered to users free of charge. If you do not use the latest version of the Game, you may not be able to access or use the Game or any Game Items you have purchased.

10.4 We do not guarantee that Game Items will be available for you to use throughout the life of the Game. When we release an upgrade, the upgrade may disable the use of certain Game Items which we have chosen to retire from the Game, which means that you will no longer be able to use those Game Items. We will act reasonably in deciding which Game Items to retire. We also do not guarantee that the Game will be available for you to use indefinitely. We may decide to no longer make the Game available. We will use reasonable endeavours to give 6 months’ notice of our intention to withdraw the Game.

10.5 If we withdraw the Game you will no longer be able to access or use it, including any Game Items you have purchased.  You should bear this in mind, in particular, before you make any further purchases of Game Items after we have provided notice of our intention to withdraw the Game. We have the right not to accept any requests to purchase Game Items during such notice period.

11. LIABILITY

11.1 We will provide the Game (including Game Items) and any related services to you using reasonable care and skill and in accordance with these Terms of Use.

11.2 The Game Items will conform to any descriptions set out in the Store and will be of satisfactory quality.

11.3 If we fail to comply with these Terms of Use, subject to the limitations set out in these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use, but we are not liable for:

11.3.1 any loss and damage which was not a foreseeable consequence of our breach of our legal obligations to you (damage and loss is foreseeable if it is obvious that it would happen or if at the time of agreement between us, both we and you knew it might happen); or

11.3.2 loss or damages which are caused by your breach of these Terms of Use; or

11.3.3 any delay or failure by us caused by events outside our reasonable control.

11.4 You acknowledge and agree that we are providing the Game (including all Game Items) for your personal, domestic use only. You agree not to use the Game for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

11.5 You acknowledge and agree that it is your responsibility to back up your data and to ensure your computer and other devices have up-to-date anti-virus software. We will not be responsible for any loss of data or damage to your computer or other devices on account of your access to, use of, or downloading the Game which could have been avoided by you by following our advice to apply an update offered by us free of charge or for loss or damage caused by you failing to have in place any minimum system requirements advised by us in advance or by you failing to comply with these Terms of Use.   

11.6 Nothing in these Terms of Use excludes or limits our liability for: (a) death or personal injury arising from our negligence; (b) our fraud or fraudulent misrepresentation; or (c) any other matter for which it would be illegal for us to exclude liability, such as our obligation to provide Game Items which match their description and are fit for purpose. 

11.7 Subject to clause 11.6 above, our total liability in respect of all losses suffered by you arising out of or in connection with these Terms of Use and your use of the Game, arising for any reason, will be limited to the greater of: (i) the total amounts actually paid by you for Game Items; or (ii) £250.

12. GAME SUPPORT

12.1 We will use reasonable endeavours to answer any general questions you have concerning use of the Game and to assist you with problems you encounter in respect of the Game.

12.2 To log a support request please email: support@cosmosinvictus.com . We will assign you a ticket number and will use reasonable endeavours to answer your request with a reasonable period of time.

12.3 We do not guarantee that that we will be able to answer all questions or resolve all problems you have with the Game.

13. VARIATION

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

14. JURISDICTION AND APPLICABLE LAW

These Terms of Use, their subject matter and their formation are governed by English law and the English courts will have exclusive jurisdiction over any claim arising from, or related to, the Game.

15. CONTACT US

To log support request please email: support@cosmosinvictus.com . For any other queries or concerns relating to the Game, please email info@cosmosinvictus.com