Terms of Service

Last Updated: 16 August 2017

1. ABOUT THIS TERMS OF SERVICE

1. This Terms of Service is a contract between you and Supersaurs Limited of Penrose House, 67 Hightown Road, Banbury, Oxfordshire, OX16 9BE, United Kingdom and applies to our product ‘Supersaurs’, any game key or code giving you access to it or any part of it, plus any and all official products and services related to Supersaurs, including (but not limited to), our website (available at supersaurs.com), customer and technical support, official forums, wikis, blogs and social media services (we’ll just call all this “Supersaurs Services” for short). This Terms of Service will be notified to you and will be binding on you and us once you download, install or use the Supersaurs Services. This Terms of Service covers our Privacy Policy too, so the Privacy Policy is part of this Terms of Service.

2. If you’re over 18, then welcome and enjoy the Supersaurs Services! If you’re under 18 (or whatever the age of adulthood is in your country), before we extend an equally warm welcome, please ask your parent or guardian to review and approve this Terms of Service on your behalf (because in some countries people under a certain age cannot legally enter into contracts like this Terms of Service).

2. USING CLIENT SERVICES

We give you and other Supersaurs Services users the personal right (known legally as a ‘licence’) to use Supersaurs to download, install, play and use Supersaurs Services on authorised devices/platforms. This licence is for your personal use only. We can stop or suspend this licence in some situations, which are explained later on.

3. SYSTEM REQUIREMENTS

Supersaurs Services will have minimum system requirements depending on your chosen device/system. You are responsible for making sure your system can run the Supersaurs Services, so please check this carefully. You are also responsible for making sure you have sufficient Internet access to use the Supersaurs Services.

4. FINANCIAL STUFF

1. You can pay for certain Supersaurs Services in different ways, including using a valid debit or credit card or using PayPal or any other authorised payment providers. Keep your payment details secure. When you use a payment method to buy Supersaurs content, we’re relying on your promise that you’re able to use that method. You are responsible for any purchases made. Kids – your parent or guardian needs to approve any purchase you make. Please make sure you give us accurate information and follow any geographical rules or restrictions regarding purchasing (including not using VPNs or other location/identity masking technology).

2. Supersaurs Services may include sales, consumption and excise taxes, value added tax (VAT) or any kind of applicable tax if you are resident in the EU or elsewhere in the world. In order to assess the correct level of VAT you need to pay, we need to collect information about your country of residence (this is further described in our Privacy Policy). Please make sure you give us accurate information about your country of residence, since if we cannot corroborate your country of residence we may be obliged to charge you the highest level of applicable VAT.

5. PATCHES, UPDATES AND CHANGES

1. We may patch, update or change Supersaurs Services over time (for example to add or remove features, to resolve software bugs or to balance the game or adjust the game economy), which may result in mandatory and/or automatic updates (older, updated versions may become unusable over time as a result). As part of these patches, updates or changes, we may need to impose limits on, or remove/restrict access to, certain game features (without notice or liability). We need these rights in order to keep Supersaurs Services running efficiently.

6. INTELLECTUAL PROPERTY RIGHTS STUFF

1. Supersaurs Services including (but not limited to) their graphics, computer code, user interface, look and feel, audio, video, text, layout, databases, data and all other content, and all legal and exploitation rights regarding them are either owned by us or we license them from third parties. All rights are reserved except as we have explained in this Terms of Service. You may not use or exploit any part of the Supersaurs Services except as explained in this Terms of Service.

7. WHAT YOU CAN’T DO WITH SUPERSAURS SERVICES

1. Please follow these rules:

(a) Only use Supersaurs Services for your personal enjoyment (for example, don’t use them to make money).

(b) Regarding Supersaurs Services, do not attempt to copy, rent, sell, lend, lease, sublicense, distribute, publish or create derivative works of them – unless it’s strictly for the purpose of you using the Supersaurs Services or if you’re allowed in this Terms of Service or by the law in your country.

(c) Do not hack, harm, grief, harass, threaten or misuse Supersaurs Services, other users or community members, staff products, games or services.

(d) Do not modify, merge, distribute, translate, reverse engineer, or attempt to obtain or use source code of, decompile or disassemble Supersaurs Services unless you are specifically allowed by applicable law.

(e) Do not create, use, make available and/or distribute cheats, exploits, automation software, robots, bots, mods, hacks, cheats, scripts, spiders, spyware, trainers, extraction tools or other software that interact with or affect Supersaurs Services in any way (including, without limitation, any unauthorised third party programs that intercept, emulate, or redirect any communication between Supersaurs Limited or its partners and Supersaurs Services and/or any unauthorised third party programs that collect information by reading areas of memory used to store information).

(f) Do not share, ”buy”, “sell”, transfer, gift, lend, steal or misappropriate Supersaurs Services access keys/codes (all of which is our property). If you are concerned that any of this has happened to you, contact us at help@supersaurs.com.

(g) Do not cheat or do anything else to give you or anyone else an unfair competitive advantage and/or against other users (or try to circumvent or harm software meant to stop these things).

(h) Do not perform in-game services for others like power-levelling, boosting or ladder-climbing, whether or not in exchange for payment (real money or otherwise) from others.

(i) Do not communicate or facilitate any commercial advertisement, promotion, spam or unsolicited messages through Supersaurs Services.

(j) Don’t interfere with the Supersaurs Services or third party network software or other software including via tunnelling, code injection, modifying or changing software, using any other similar software together with Supersaurs Services, through protocol emulation, or through creation or use of private servers regarding Supersaurs Services.

(k) Do not use the names, logos or trade marks of “Supersaurs Limited”, “Supersaurs” or other Supersaurs names or logos or trade marks for any unauthorised purposes.

(l) You can broadcast, publicly perform, host or stream Supersaurs Services or run any events or competitions regarding the Supersaurs Services.

(m) Do not do anything in connection with Supersaurs Services that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphic files, and any other material or information.

(n) Be nice! Don’t do or say anything in connection with Supersaurs Services which is or may be considered racist, xenophobic, sexist, defamatory or otherwise offensive or illegal. Be nice to each other please!

8. FEEDBACK OR SUGGESTIONS

1. You’re welcome to give us feedback and suggestions to improve Supersaurs Services and we really value them all. However, just so we’re clear, we don’t have to use or accept them and we won’t owe you anything (financially or otherwise) regarding them.

9. THIRD PARTY CONTENT AND EXTERNAL SERVICES

1. You might get links to third party websites or content through Supersaurs Services which aren’t connected to us. Using them is up to you – we’re not responsible for them, we can’t promise they will work, what they’ll be like or if they’re free. Our partner devices/platforms may be subject to their own legal terms, compliance with which is your sole responsibility. They may also offer complementary features to Supersaurs Services (such as digital money wallets)- again, this is a matter solely for you and them.

10. LIABILITY STUFF

Warranties

This section DOES apply to you if you are a consumer resident in the European Union but it does NOT apply to you if you are a consumer resident anywhere else in the world (including the USA) OR if you are a business anywhere in the world.

1. We each warrant to each other that: (i) we have the right to enter this Terms of Service; and (ii) we will take reasonable care with the Supersaurs Services; and (iii) we will use reasonable endeavours to comply with applicable laws in performing our obligations under this Terms of Service.

2. Your representations and warranties. You represent and warrant that you have the full power and ability to enter into this Terms of Service and will follow fully its terms.

Limitation of liability

This section does NOT apply to you if you are a consumer resident in the European Union but it DOES apply to you if you are a consumer resident anywhere else in the world (including the USA) OR if you are a business anywhere in the world.

3. You agree on demand to indemnify and hold harmless Supersaurs Limited and its officers, directors, employees and agents (and keep them indemnified and held harmless) on demand from and against any and all damages, claims, suits, actions, judgments and costs (including legal fees and costs) and expenses whatsoever arising out of your use of the Supersaurs Services or your material breach of this Terms of Service.

4. You agree that any loss, damage or harm you suffer are not irreparable or sufficient, and other remedies will be adequate, such that you are not entitled to injunctive or other equitable relief against Supersaurs Limited.

5. You understand and agree that your use of the Supersaurs Services is at your own risk and that they are provided “as is” and “as available” without warranty or representation of any kind. We disclaim all warranties, representations and conditions of any kind relating to the Supersaurs Services, including without limitation any implied warranties of satisfactory quality, merchantability, fitness for purpose or non-infringement of third party rights. In addition, we do not warrant or represent that your use of the Supersaurs Services will be uninterrupted or secure or free from bugs or errors. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, which might apply to Supersaurs Services, including without limitation: implied warranties of title, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, any warranties that may arise from course of dealing or course of performance or usage of trade, freedom from viruses or errors or defects, and/or any warranties as to the accuracy, legality, reliability or quality of any content or information contained within Supersaurs Services. We do not warrant that Supersaurs Services will be uninterrupted or error-free that defects will be corrected or that the game will be free of viruses or other harmful components. Your use of the Supersaurs Services is at your own discretion and risk and you are responsible for compliance with all applicable laws, regulations and other requirements regarding your use of the Supersaurs Services.

6. To the maximum extent permitted by applicable law, in no event will our maximum and total aggregate liability of Supersaurs Limited, our group of companies, our employees, partners, licensors and our affiliates (“Supersaurs Group”) to you in connection with this Terms of Service shall be an amount equal to the net revenue actually received from by Supersaurs you (if any) during the preceding calendar year in which the relevant issues occurred.

7. In no event will Supersaurs Group be liable to you for any loss, damaged or harm of any kind arising from the use or inability to use or “loss relating to Supersaurs Services including any loss of profits, charges or expenses, loss of data or any corruption or loss of information, or any loss of business opportunity, or any special, indirect, punitive, exemplary or consequential loss or damage or disruption of any kind, in any case, whether based on breach of contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise whether or not the relevant party has been advised of the possibility of such damage. The foregoing limitations will survive and apply even if any limited remedy specified in this Terms of Service is found to have failed of its essential purpose.

8. Nothing in this Terms of Service purports to limit or exclude either party’s liability: (i) for fraud, fraudulent misrepresentation or wilful misconduct; (ii) for death or personal injury caused by that party’s negligence; or (iii) to the extent otherwise not permitted by law.

11. TERMINATION

You can terminate this Terms of Service by permanently stopping use of Supersaurs Services at any time. Termination will not affect already existing rights of obligations to us or you.
We may cancel or suspend your access to Supersaurs Services if you materially breach this Terms of Service. We’ll try reasonably to contact you to explain why we’ve done this and what (if anything) you can do as a result. If we have to stop providing access to Supersaurs Services (not because of any breach by you), we will try to give you at least sixty (60) days advance notice by posting a note on our website. If we cease providing Supersaurs Services, or if your use of them is cancelled or suspended because of your breach, then we will not have any future obligations to you – including to offer refunds or payments.

12. FORCE MAJEURE

1. Neither you nor us will be liable for any failure to perform any obligation under this Terms of Service or to provide access to Supersaurs Services if that failure is caused by the happening of any unforeseen event beyond your or our reasonable control including without limitation, Internet outages, hacking or other IT attack, natural events, war or act of God.

13. GOVERNING LAW

For users resident in the European Union and elsewhere in the world (but not the USA):

1. You and we agree that your use of Supersaurs Services and Supersaurs content and this Terms of Service will be governed by and interpreted according to the laws of Supersaurs Limited’s home state or, if agreed with Supersaurs Limited, the home state of the EU user and that any dispute regarding this Terms of Service will be heard exclusively by the courts of the England. In any legal claim under this Terms of Service, the side which wins will be entitled to its legal fees and expenses.

For users in the USA only:

2. You and we agree that your use of Supersaurs Services and Supersaurs content, and this Terms of Service, will be deemed to be entered into in San Francisco, California and governed by and interpreted according to the laws of the State of California, USA (and, if applicable, US Federal law). Any legal claim by you against Supersaurs Limited will be made exclusively in any state or federal court located in San Francisco, California, which will have subject matter jurisdiction regarding the dispute between you and us and therefore we both consent to the exclusive jurisdiction of those courts. Moreover, you waive any rights to argue that state and federal courts in San Francisco, California are an improper venue. In any legal claim under this Terms of Service, the side which wins will be entitled to its legal fees and expenses.

14. OTHER LEGAL STUFF

(i) If any part of this Terms of Service is found not to be legally enforceable, this will not affect any other part of it. (ii) This Terms of Service and the Privacy Policy constitute the entire agreement between you and us and supersede any earlier oral or written Terms of Services. If you disagree with this, please contact us as soon as possible after you start using Supersaurs Services at help@supersaurs.com since otherwise this will be binding on you after a reasonable time period (usually 30 days). (iii) This Terms of Service governs our relationship with you (and vice versa). It does not create any rights for anyone else. (iv) Please remember we are subject to various laws and we may be required to comply with law enforcement or other legal requirements. (v) We may need to work with relevant third parties or another member of our group to transfer or merge your Supersaurs Services information if necessary for the support of the Supersaurs Services, as part of any reorganisation or merger or for other business reasons.

15. CHANGES TO THIS TERMS OF SERVICE

1. We may change this Terms of Service if we think it’s necessary, e.g. for legal reasons or to reflect changes in Supersaurs Services or Supersaurs content. If so, we will make the changed Terms of Service available online at supersaurs.com and (if you have provided us with your email address) email you to let you know about the changes.

2. Once we change the Terms of Service, it will become legally binding on you a reasonable time period after we post it online (we believe 30 days will normally be reasonable). During that period, you’re welcome to contact us at help@supersaurs.com if you have specific questions about the changes.

3. If we don’t hear from you before the end of that time period, the changes will automatically become binding on you. If you don’t agree to those changes (regardless of whether you email us), then unfortunately we must ask you to cease using Supersaurs Services. We’re sorry we have to say that, but we hope you’ll appreciate that for our services to work properly we need to have everyone using it under the same rules instead of different people having different rules. That’s why we encourage you to get in contact if you have queries or concerns.

© 2017 Supersaurs Limited. “Supersaurs” and their logos are trademarks of Supersaurs Limited. All rights reserved.