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Please
read these Terms and Conditions carefully as you are
bound by them once you agree to purchase a Game.
I want you to feel happy and confident in accepting the
Games I offer.
If you have any questions or queries relating to these
terms, please feel free to
contact
me before you enter in to the contract.
FORMATION OF CONTRACT
I will sell you a license to use my murder mystery Game.
The Game is forwarded to you as an attachment to an
email that can then be downloaded.
Prior to payment, you need to have read, understood and accept these
terms and conditions. Once you have paid for the Game, the terms
outlined in this document will govern my relationship
with you.
If you do not accept these terms of trading, I will not
agree to enter a contract with you.
Once payment is received, I
will forward the attachment to you, containing the Game.
PAYMENT TERMS
Payment is due in advance.
Payment is to be made by Paypal.
INTELLECTUAL PROPERTY RIGHTS AND LICENSE TO USE THE
GAMES
When I have received your payment, I will grant you a
license to use, for unlimited uses, a single Game, or
Games if you have paid for more than one Game. This
license is personal to you to use the Games PROVIDED
THAT you do not charge any consideration to any person
to participate in the Games or to act as a spectator
when the Games are being played.
I assert my moral rights in respect of all copyright
material produced by me and also the moral rights of any
supplier to me of any such copyright material. You
confirm that you will not alter, reuse or otherwise
exploit or jeopardize the artistic integrity of the
material contained in any of the Games.
YOUR RESPONSIBILITIES
You undertake to observe the terms of any license in
relation to any Games provided by me and to indemnify me
against all cost, claims and liabilities arising from
any breach of this clause.
You agree not to charge consideration to people who
participate in playing the Games or for spectators to
watch the Games.
I sell Games. The Games I sell are meant to be for
entertainment and are not to be taken seriously. IN
PARTICULAR, the Games sometimes refer to the pretend
violent death of an absent character by such means as
the use of poison, car accident, snake bite and other
such brutal methods of terminating life prematurely.
Whilst these are dealt with in an age appropriate,
sensitive manner, I do not suggest or condone the use of
real implements or any re-enactment of these events when
the Games are played. You agree, therefore, that should
you purchase my Games, that you will take sole
responsibility for the proper conduct of the Games.
Further, if you or any player decides not to follow
these terms and conditions, you will accept sole
responsibility for any consequences that may follow.
AMENDMENTS
I reserve the right to modify, suspend or discontinue
any or all of my services, at my sole discretion and
without notice. I also reserve the right to give
advanced notice of any changes to these terms and
conditions at any time.
UNFORESEEN CIRCUMSTANCES
There may be times when events beyond my control prevent
you from downloading the Game. If this occurs I would
ask you to contact me so I can undertake to inform you
when the problem has been rectified. If I send you a
printed copy of the Game by normal post, within 14 days
of notification of the problem, then this will be seen
as fulfilment of the order.
LIMITATION OF LIABILITY
If I breach the terms of the contract, or you seek
compensation and damages for any claim or claims arising
out of any contract between the parties, for whatever
reason, your remedy will be limited to damages. My
liability to you will not exceed the amount you paid me
for the Game.
EXCLUSION OF LIABILITY
I shall not be liable to you, regardless of the form of
action, whether in contract, tort, (including negligence
and breach of statutory duty), strict liability, or
otherwise whatsoever for;
Any delay in supplying or for failing to supply any
Game, or
Any loss of profit, business, contracts or revenues, or
Failure to achieve anticipated savings in costs or
expenses, or
Failure to achieve increased profit, business,
contracts, revenues or market penetration, or
Any special, indirect or consequential damage of any
nature whatsoever arising directly or indirectly out of
the Games I sell, or of any error or defect caused by
me.
REASONABLENESS OF THE LIMITATION AND EXCLUSION CLAUSES
If you enter in to a contract with me, you agree that
the limitation of liability clause and the exclusion of
liability clause are reasonable, and that the price
agreed reflects the position on liability.
RIGHTS OF THIRD PARTIES
In accordance with s 1(2) (a) of the Contracts (Rights
of Third Parties) Act 1999, the parties intend that no
terms of this contract may be enforced by a third party.
SEVERANCE
The parties agree that in the event of one or more
clause or sub-clause of this contract being subsequently
declared invalid or unenforceable by a court or other
authority with jurisdiction, the invalidity or
unenforceability of any clause or sub-clause shall not
in any way affect the validity or enforceability of any
other clause or sub-clause except those which compromise
an integral part of it or are otherwise clearly
inseparable.
APPLICABLE LAW
The contract between the parties is to be governed by
and construed according to English law and the parties
agree to submit any disputes to the exclusive
jurisdiction of the English courts.
VIRUSES
Whilst every effort has been made to ensure this web
site and all the pages sent to you, do not contain any
viruses, I cannot be held liable for any such virus
infecting your computer as a result of visiting this
website or any correspondence or attachments I may send
to you. Please be assured, however, that I always use
the latest anti virus software to ensure, as far as is
possible, that I do not pass on any viruses to anyone.
IMAGES
All the images on this website are my personal property
and permission is not given to anyone to use or
reproduce these images in any manner whatsoever. Please
assume that everything on this website is Copyright.
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