Orchard Games terms and privacy policy

 

General:

  • These terms create a legal agreement between you and the developers of games published by Orchard Games (referred to in the rest of these terms as the games).
  • By downloading and playing the games you are agreeing to these terms. You must not play any of the games if you do not agree with these terms.
  • If you breach these terms we can suspend or terminate your access to the games. 
  • You agree to compensate us for all losses that may arise from any breach of these terms by you.
  • You must be at least 13 years old to play the games.
  • You agree that you shall comply with these terms and all applicable laws and regulations when playing the games.
  • You guarantee that all of the information that you provide to us when accessing the games and/or playing the games is accurate, true and complete. You further guarantee that any such information will continue to be accurate, true and complete. 

You agree that you are prohibited from:

  • attempting to interfere with or disrupt the games or the servers or networks that provide it;
  • attempting to harvest any data from the games, or scrape any data from the games, or disassemble the games, reverse engineer the games, or hack the games or any of the games’ data;
  • attempting to defeat any of our security or encryption measures;
  • using the games for abusive purposes;
  • using the games for fraudulent purposes;
  • using the games for any business purpose or to benefit a person other than yourself.

 

Social features

Our games may allow you to play socially with other players of the same game, or against an opponent. We will either select another player at random for you, or use matching criteria to find a player for you. The matching criteria may include your experience level, your previous scores in the game, your county, the level you reach in the game or other gameplay data. By accessing or playing our games you agree and acknowledge that details such as your name, avatar, scores, location and other related gameplay details may be displayed to other players.

 

Our games might have features that allow you to send messages to other players playing the same game as you. We may store and use your messages in order to convey your messages and let you and any recipients to see the message history. We reserve the right to review your message content to make sure you are acting in compliance with these terms. For example, we may use automatic filters as one way of doing this. We may stop you from using the chat feature at any time, or block the sending of any message for any reason.

 

You must not send any message that is (or could reasonably be perceived as):

  • harassing, harmful, libellous, defamatory, unlawful, obscene or otherwise objectionable;
  • likely to incite violence or ethnic or racial hatred;
  • invasive of another's privacy;
  • infringing any intellectual property right or other proprietary right of others;
  • attempting to cheat or design or assist in cheating;
  • containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • containing any unsolicited or unauthorised advertising, promotional materials, spam, chain letters or any other form of solicitation;
  • containing information which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information).

You are solely responsible for your dealings with other users of our games. You acknowledge that we do not control messages sent by other players, and so you may be exposed to content that you may consider objectionable, offensive, indecent, or harmful. You agree that we will never be liable in any way for the content of any messages, including (but not limited to) any errors or omissions, or any losses or harm of any kind resulting from any content posted, emailed, transmitted or otherwise made available via our games. We can remove messages from our games if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our games into disrepute. However, you acknowledge that we do not actively monitor content posted by other players and we make no guarantee to do so.

 

Intellectual property:

  • You acknowledge that all trade marks, copyright and other intellectual property rights in the games are owned by, or licensed, to us.  
  • We grant you a non-exclusive, non-transferable, personal and revocable limited licence to use the games in the usual way for your own personal private use, provided that such use is in accordance with these terms and provided that you are otherwise in compliance with these terms. 
  • You must not copy, distribute, make available to the public or create any derivative work from the games or any part of the games without our prior written approval.  An example of this would include making available cheats, hacks or other technological measures designed to control access to, or elements of the games.

 

Privacy:

By playing the games, you give your consent to us collecting, processing, and sharing your personal data (by which we mean information which could personally identify you), as set out in these terms. We may use the following personal data about you:

  • details of your use of the games;
  • information that you may provide us when using the games such as when you fill in any forms or create an account with us;
  • information we obtain about you from third parties who hold data about you and who agree to share this data with us;
  • your interactions with us such as any communications with us;
  • information we collect via cookies, or other similar technologies to store certain types of information each time you use the games for example:
    • to allow us to recognise you and your device;
    • to permit our services to interact with a third party platform or social network, when you have decided to permit such an interaction;
    • to enable us to provide you with more customized services, for example to provide our services in the correct language or to enable the provision of more relevant advertising to you;
    • to collect data such as your device’s model, operating system and screen size, the other applications installed on your device, and information about how you use our services.

You can disable cookies through your phone or browser settings but you may find you are not able to enjoy all the features of our services if you do so; and

  • information associated with your mobile device’s ad identifier (e.g. Apple’s ID for Advertising or Google’s IDFA) to help us to deliver ads that relate to your interests and to improve and measure the effectiveness of ad campaigns. If you prefer that we do not use this information in this way then you can prevent this by adjusting your device’s ad identifier settings.

We, or a supplier or group company acting on our behalf and only under our instructions, may use your personal data, in the following ways:

  • contacting you;
  • research and surveying;
  • promoting and marketing the games and other connected products, for example by sending you correspondence (for example by email);
  • providing our services to you;
  • managing your account and relationship with us and improving your experience;
  • improving our services;
  • research, surveying and business intelligence;
  • to personalise and optimise our services, promotional content and advertising,
  • preventing cheating, crime or fraud.

We may share your personal data with third parties (for example, our group companies or suppliers) as follows:

  • with your consent, including as set out in these terms, or where it is necessary to carry out your instructions;
  • as reasonably necessary to provide our services to you;
  • as we reasonably believe is permitted by law or regulation;
  • in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and/or any other agreement with you; or to protect the rights, property, or safety of us, our users, or others.

Our games may include social features that allow other players to see your avatar, username, your progress through the game and other game play related information such as your level in the game and whether you have joined a guild.

Any third party to which we transfer or sell our assets will have the right to continue to use the personal and other data that you provide to us. We will retain your personal data for as long as is necessary to fulfil the purposes set out in these terms or as needed to provide you our services.

We maintain appropriate safeguards to protect your data. However, the internet is not completely secure and so we cannot guarantee that your personal data will not be modified, disclosed, destroyed or accessed.

If you do not want us to use your personal data in the way set out in these terms then you should not play the games.

 

Breach:

If we reasonably believe, in our sole discretion, that you have materially breached these terms (this includes if you are repeatedly in minor breach of the terms), we reserve the right to do any of the following (this could be an individual action or in combination, and could be with or without notice to you): (i) delete, suspend and/or modify your account (or parts of your account); (ii) suspend and/or terminate your access to our games; (iii) change and/or remove any in-game items or currency that may be linked to your account; (iv) reset and/or change any game progression or benefits linked to your account (for example, any score or level you may have reached in the game).

 

Disclaimer:

  • Nothing in these terms limits our liability for death or personal injury resulting from our negligence or for losses or harm caused by fraud or any other liability which may not be lawfully excluded. For any other losses or harms, in any period of 12 months, we will only be responsible for losses or harms which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount you have paid to us in the 100 day period ending on the date of your claim or $250, whichever the greater.
  • Losses and harms are “reasonably foreseeable” where they could be envisaged by you and us at the point of agreeing to these terms and conditions.
  • You agree that we are not responsible for:
  • any glitches, technical issues, or interruptions or any other lack of accessibility of the games;
  • any losses or harms that were not caused by our breach of these terms or by our negligence; and
  • any losses or harms (including any losses or harms which result as a side effect of reasonably foreseeable losses) which are not reasonably foreseeable by you and us at the point of you agreeing to these terms.
  • We have the right to remove or amend the games (both in whole or in part), without any liability to you, at any time, due to technical or legal matters, in order to enhance our player experience, or because we have modified the games and/or services we provide.

 

Other

  • We may transfer a part of or all of our rights or obligations under these terms to anyone else without getting your consent provided that the transfer does not significantly disadvantage you.
  • We reserve the right to update these terms from time to time by posting the updated version here.
  • These terms constitute the entire agreement between you and us concerning the games and they supersede and extinguish all earlier agreements and understandings between you and us.
  • You agree not to file or participate in a class action against us.
  • If any part of these terms is held to be invalid, illegal or unenforceable under any applicable laws or by an applicable court, (i) that part shall be interpreted in a manner consistent with applicable law to make it valid, legal and enforceable, while reflecting as nearly as possible our original intentions and; (ii) the remainder of these terms shall remain valid and enforceable.
  • These terms shall be governed by and construed in accordance with the laws of England.

Last updated on 17 March 2017.