TERMS OF SERVICE

The following Terms of Service govern your use of Our Website, and the content found within it:

INTRODUCTION

These are the official terms of service for the website “https://uncleargames.com/” accessible via the worldwide web on various devices, which include links to the video game provisionally entitled “The Florist” (“Game”), (collectively “Website”), owned and controlled by Unclear Games Ltd (New Zealand Business Number: 9429050698196) (defined here as ‘We’, ‘Us’ or ‘Our’). By using or otherwise accessing Our Website, you acknowledge that you are at least thirteen (13) years of age, have read this Agreement, and that you agree to be bound by its terms and conditions. If you are under the age of thirteen (13) years, you are required to provide us with explicit consent from your parent or legal guardian before accessing Our Website. If you do not agree to the terms and conditions of this agreement, promptly exit this page and do not use Our Website or any of the content contained within it.

GRANT OF LICENCE

We grant you a worldwide, non-exclusive, royalty-free, revocable license to access and use our Website exclusively for the purposes of accessing, viewing, playing, and interacting with the content within it, including links to the Game. You acknowledge that the Website and the content within it are to be used solely by you for entertainment and educational purposes, and for no other purposes.

We do not grant you any other rights whatsoever in relation to the Website or the content within it, or the Game.

All rights are expressly reserved by Us.

TERM

This License (as listed at Clause 2 above) will exist for as long as you lawfully continue to use (and/or access) our Website. However, this license will terminate automatically without notice from Us if you fail to comply with any of these terms and conditions. Upon termination you must immediately cease using our Website and any content within them. Clauses 4, 8, 9, 10, 12, 13, 14, 15, and 16 will survive and continue in force, after termination for any reason whatsoever.

INTELLECTUAL PROPERTY

The Website and all content on it (including but not limited to, links that lead to our distributor websites of the Game) are protected by New Zealand and international copyright law and is licensed, owned or otherwise controlled by Us. Unless otherwise indicated, all rights (including copyright) in, and relating to, the Website and any content found anywhere on it (including but not limited to the Game, and any code, artistic work, scripts, design elements, typography and interactive features), are owned and controlled by Us. All trademarks, service marks and trade names (registered or otherwise) are owned, registered and/or licensed by Owner.

YOUR CONDUCT

Your use of Our Website is subject to all applicable local, state, national laws and regulations. By accessing and using Our Website or any of its contents and functions, you agree to be bound by those laws. In addition, you agree that you must not:

use the Website to harm, threaten, or harass anyone (including Us and Our employees, officers and directors);
use the Website to impersonate Us and Our employees, officers and directors;
use the Website to post, share and disclose ‘personal information’ (as that term is defined in Our Privacy Policy) that can be used to publicly identify you or any third-party (person);
use the Website in any manner or for any purpose other than as expressly permitted by the Terms, the Licenses and the information available on our websites;
violate the terms of our privacy policy listed at: https://uncleargames.com/privacy-policy;
access information or devices or otherwise authorize any third party to access or use Our Website;
translate, reverse engineer, decompile, or disassemble Our Website or the content within it or merge all or any part of the either with another game, program or service (including software and other applications utilising artificial intelligence); remove or alter any copyright, trademark or other proprietary rights notices contained in any of Our content (including but not limited to Our Website);
unlawfully copy, reproduce or create derivative works based on any part of Our Website or any of the content within it, or create a competing version of Our Game based on the information that you may gain from using Our Website; or
use Our Website or any content within it for any unauthorized purpose or in violation of any applicable laws or regulations.
We may take any actions and impose any penalties we deem necessary, including but not limited to terminating this agreement with you, to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning.

THIRD-PARTY WEBSITES AND CONTENT

Please be advised that Our Website may contain links to third party websites (or functions) as well as our distributors’ websites where Our Game can be purchased. Each of these websites have their own terms of service and privacy policies, and the Game itself will have its own End User Licence Agreement separate from these Terms of Service. Also, please be advised that, aside from any Game page on a platform that we directly control on our game distributors’ websites, We do not monitor or have any control over any content on these websites and can make no guarantee as to their accuracy or completeness. We do not represent or warrant the accuracy of any information contained on any third-party website. Accessing or using content on any third-party websites is done at your own risk. For further information on how third-party websites interact with your data, please visit our privacy policy here: https://uncleargames.com/privacy-policy

LIMITATION OF WARRANTIES AND LIABILITY

Our Website, and the content of Our Website, including Our Game, are provided on an "as is" basis, without any warranties or conditions, express or implied, to the maximum extent permitted by law. You assume all responsibility and risk for the use of Our Website, and for the use of any third-party website or service within it, and to the fullest extent permissible by law, We disclaim all liability for any loss, injury or damage resulting from your use of Our Website, whether direct or indirect.

In no event will We have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. Our total aggregate liability with respect to Our obligations under this agreement or otherwise with respect to Our Game will not exceed $AUD1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.

NOTHING IN THIS SECTION 13, OR THESE TERMS, IS INTENDED TO EXCLUDE, RESTRICT, MODIFY, REMOVE, INTERFERE WITH OR HAVE THE EFFECT OF EXCLUDING, RESTRICTING OR MODIFYING, THE APPLICABLE LAWS IN NEW ZEALAND, INCLUDING BUT NOT LIMITED TO, THE FAIR TRADING ACT 1986 (FTA) AND THE CONSUMER GUARANTEES ACT 1993 (CGA), THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT.

INDEMNITY

You agree to indemnify and hold harmless Us, and Our subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any losses, damages costs, and third party claim arising from, or in any way related to, your use of Our Game, a violation of this agreement (including but not limited to any of the warranties listed at Clause 8 and Clause 9) and any other actions connected with use of any content within or ancillary to our Game, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

GENERAL

This agreement is the entire agreement between you and Us with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.

We may amend and/or modify these Terms of Service at any time in Our sole discretion, by providing notice of such amendment (or modification) via Our website here: https://uncleargames.com/. We may update Our Website without notifying you. You acknowledge that you may need to update third party software from time to time in order to effectively continue to use Our Website.

JURISDICTION

This Agreement will be governed by and construed in accordance with the laws of New Zealand. You agree to be bound by the laws of that state and submit to the exclusive jurisdiction of that State, including any Courts that are entitled to hear appeals.

PRIVACY

We recognise the importance of your privacy and understand the concerns surrounding security of personal information. To view Our privacy policy relating to the use of Our Game, please visit:

https://uncleargames.com/privacy-policy

UNCLEAR GAMES LIMITED

TERMS OF SERVICE

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