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Terms of Use for Xbox One

GFINITY XBOX ONE APPLICATION

END-USER LICENCE AGREEMENT

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE GFINITY APP FROM THIS WEBSITE.

IMPORTANT NOTICE:

  • BY DOWNLOADING THE APP OR CLICKING ON THE "REGISTER" BUTTON BELOW YOU AGREE TO THE TERMS OF THE LICENCE WHICH WILL BIND YOU. THE TERMS OF THE LICENCE INCLUDE, IN PARTICULAR, THE PRIVACY POLICY REFERRED TO IN SECTION 2 AND OUR LIMITATION OF OUR LIABILITY IN SECTION 14.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING OR REGISTRATION PROCESS NOW. IN THIS CASE THE DOWNLOADING OR REGISTRATION PROCESS WILL TERMINATE.
  • THIS APP REQUIRES AN XBOX ONE (THE CONSOLES) WITH A SUFFICIENT AMOUNT OF MEMORY AND INTERNET ACCESS.

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Gfinity PLC ("We" or “Us”). We are registered in England and Wales under company number 08232509 and have our registered office at 35 New Bridge Street, London EC4V 6BW. To contact us, please visit the Contact Us section of our website at  https://www.gfinity.net/support/contact. This EULA relates to:

Gfinity console application software (App).

We license use of the App to you on the basis of this EULA. We do not sell the App to you. We remain the owners of the App at all times. This EULA forms the entire understanding between us. 

 

You should print a copy of this EULA for future reference.

1. Acknowledgements

The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App. From time to time updates to the App may be issued through the Appstore (defined below). Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

You will be assumed to have obtained permission from the owners of any Console which you control (but do not own) before downloading or streaming a copy of the App to such Console. You and they may be charged by your and their service providers for internet access on any Consoles. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Console, whether or not it is owned by you.

 2. Other applicable terms

This EULA refers to the following additional terms, which also apply to your use of our App and are incorporated into this EULA:

  • The Appstore Rules which are applied by the appstore provider or operator from whose site (Appstore) you downloaded the App.
  • Our Privacy and Cookies Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our App, you consent to such processing and you warrant that all data provided by you is accurate. It also sets out information about the cookies on our website and on our app. Our Privacy and Cookies Policy can be found by visiting:      https://www.gfinity.net/support/legals/category/3.
  • Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our website and our App. When using our App, you must comply with this Acceptable Use Policy. Our Acceptable Use Policy can be found by visiting: https://www.gfinity.net/support/legals/category/1. 
  • Our Use of the Site and the App by Children Policy which sets out our approach to children’s use of our App. Our Use of the Site and the App by Children Policy can be found by visiting: https://www.gfinity.net/support/legals/category/5.

 3. Changes to these EULA

We may revise the terms of this EULA at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 4. Changes to our App

We may update our App from time to time, and may change the content of our App at any time.

 5. Services requiring payment of a fee

Our App is generally made available free of charge (excluding any paid-for services accessed via the App). Notwithstanding the above, we may sometimes charge a fee for certain services and/or promotional events. If the service you use incurs a fee, you will be able to review and accept terms that will be clearly disclosed prior to you incurring any fee. Our fees are quoted in Pounds Sterling and we may change them from time to time. We will notify you of changes to our fees by posting such changes on our App or on our website at www.gfinity.net (our Site).

 6. Accessing our App

In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Consoles, subject to these terms and the additional terms in section 2 above which are incorporated into this EULA by reference. We reserve all other rights.

 

You may download or stream a copy of the App onto:

Xbox One

You may view, use and display the App on the Consoles for your personal purposes only.

We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our App without notice. We will not be liable to you if for any reason our App is unavailable at any time or for any period. We may terminate this EULA immediately at any time by written notice to you or by withdrawing or discontinuing your access to the App, at which point all rights granted to you under this EULA shall cease.

You are responsible for making all arrangements necessary for you to have access to our App. 

 7. License Restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

 

(a)   not to copy the App except to the extent applicable law expressly permits or where such copying is incidental to the normal use of the App;

(b)   to include our copyright notice on all entire and partial copies you make of the App on any medium;

(c)   not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

(d)   not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(e)   not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except and only to the extent that applicable law expressly permits;

(f)    not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(g)   to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology).

 8. Your account and password

To use certain parts of our App and our Site, you may need to submit a completed registration form to us. We may refuse your application for registration at our discretion. If we accept your application for registration we will confirm this by providing you with a username and password.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use (or, acting reasonably, we otherwise have good cause to terminate membership).

You undertake that all information provided by you for the purpose of registering with us is accurate and complete.

 

Each registration is for a single user only. You may not share your username or password with any other person nor with multiple users on a network and nor may another user use your account on your behalf.  Your account is for your own personal and non-commercial use.

 

You accept sole responsibility for all use of and for keeping secret your username and password. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us.

 9. No reliance on information

The content on our App (including that provided by third parties), is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.

Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up-to-date.

Where our App contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources.

 10. User generated content

We accept no liability for any content supplied by any user for display on our App (User Generated Content) and the limitations in section 14 below (Limitation of our Liability) apply. For the avoidance of doubt, this includes liability for any losses, damages or claims of any kind arising out of or in connection with the operation of any user generated leagues or competitions. You agree to take full responsibility for any leagues or competitions which you create or build.

You are able to contribute to our App and whilst we encourage you to contribute User Generated Content to our App you agree that when doing so, you will:

(a)      comply with these terms of use (including, without limitation, the Acceptable Use Policy);

(b)      only upload or submit User Generated Content to our App which either you own or which you have the permission of the owner of that material to submit and you must not submit any User Generated Content the intellectual property or other proprietary rights in which are owned by any third party; and

(c)      not submit any User Generated Content which is prohibited by the Data Protection Act 1998 or any other applicable data protection or privacy legislation.

If you submit User Generated Content for display on our App you are responsible for ensuring that such User Generated Content is and remains accurate, complete and up to date and that it complies with these terms of use.

You warrant that you have taken all reasonable precautions to ensure that (i) any User Generated Content that you upload or otherwise submit to our App is free from viruses and anything else which may have a contaminating or destructive effect on any part of our App or any other technology and (ii) that it complies with these terms of use.

We are not obliged to monitor the User Generated Content submitted to our App whether by you or any other user of our App. However, we reserve the right (without limiting our rights to seek other remedies) at any time to remove without notice any User Generated Content or any other content, information or material placed on our App that we consider to be in breach of these terms and of use, to constitute a misuse of our App or which may otherwise be harmful to other users of the App.

You will indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms relating to User Generated Content.

11. Intellectual property rights

Other than any User Generated Content that you submit to our App, the copyright and all other intellectual property rights in the content, together with the App design, text and graphics, and their selection and arrangement, belongs to us. All rights are reserved. None of this content may be reproduced or redistributed without our written permission. You may view, download and print any content made available to you through our App provided that such content:

(a)      may only be used for your own personal and non-commercial purposes and shall not be reproduced or included in any other work or publication in any medium or otherwise be distributed or sold to any third party;

(b)      may not be modified or altered in any way; and

(c)      you must not remove any copyright or other proprietary notices contained therein.

These terms of use are not intended to prevent you recording in manual form any individual item of content, or disclosing any individual item of content, free of charge, to friends or relations for non-commercial purposes provided that you take all reasonable steps to ensure that any person to whom you may disclose that content complies with these terms of use.

You shall retain ownership of all copyright in User Generated Content that you submit to our App. When you submit User Generated Content to our App you automatically grant us a world-wide, non-exclusive, royalty-free, non-terminable licence (including the right to sub-licence to third parties) to use, communicate to the public, copy, distribute, publish, play, perform and make adaptations or derivative works of such User Generated Content in any manner and for any purpose whatsoever including, without limitation any commercial or advertising purpose.

You acknowledge that any User Generated Content you submit to any public section of our App will be available to other users of our App. You agree that any other user of our App shall be entitled to use your User Generated Content in accordance with these terms of use and that we shall not be liable for any other use made of Your User Generated Content by any third party.

12. Use of forums

Our App contains forums to facilitate the sharing of information and networking. Views expressed are solely those of the contributors and we make no warranty as to the accuracy of any statements.

Contributors to forums are reminded to make responsible postings, in accordance with the Acceptable Use Policy. Commercial advertising of services or products is not permitted in forums.

We reserve the right to close the user accounts of persistent offenders. Users of forums are encouraged to report inappropriate postings.

Comments posted in forums may not be published in any form elsewhere – whether reproduced, quoted, or paraphrased – without the prior consent of their originator. Before referring to material contained here in any public domain, please contact the editor for advice.

If you decide to contact a user or rely on details contained in a post by another user, you do so at your own risk.

13. Viruses

We do not guarantee that our App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our App. You should use your own virus protection software.

You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.

14. Limitation of our Liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our App or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our App; or
  • use of or reliance on any content displayed on our App.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption; 
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, Consoles, data or other proprietary material due to your use of our App or to your downloading of any content on it, or on any website linked to it.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

15. Assignment

We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

16. No Waiver

If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17. Severance

Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

18. Applicable law

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.