Please read these Terms of Use carefully before using this website. By accessing or using this website, you agree to be bound by these Terms of Use, together with any other terms and conditions that may govern your access and use of specific parts of this website. If you do not agree to be bound in this way, do not continue to access or use this website. We may modify these Terms of Use at any time. Any such modifications are effective and binding on you immediately from the time they are included on this website. You agree to review these Terms of Use regularly to ensure you become aware of any modifications to them.
This website is provided for the benefit of persons who are 13 years of age or older. If you are under 13, you may not use or access the website. If you are under 18 years of age, you must ask your parent or guardian to review these Terms of Use and accept them on your behalf before you use the website.
This website is operated by FireFly Studios Limited. Our company number is 03756547 and our registered office is Thomas House, 84 Eccleston Square, London SW1V 1PX.
The terms “Firefly” “we”, “us”, “our” and “ours” when used in these Terms of Use mean FireFly Studios Limited, which includes any subsidiaries, divisions, branches or companies under common ownership or control of FireFly Studios Limited. The terms “you”, “your” and “yours” when used in these Terms of Use mean any user of this Website.
Our Privacy Policy forms part of these Terms of Use and is available here: Privacy Policy
| 1. | Accessing this website |
| 1.1 | Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the website without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. |
| 1.2 | From time to time, we may restrict access to some parts or all parts of this website to users who have registered with us to use certain services. |
| 1.3 | If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use, or any other terms and conditions that may govern your access and use of specific parts of this website. |
| 1.4 | You may only use this website for lawful purposes and in particular (and without limitation) you may not use this website in any way, or for any purpose, that is fraudulent or that breaches any applicable local, national or international law or regulation. |
| 1.5 | This website is operated from the United Kingdom. FireFly does not represent that the website is appropriate for use in other locations. Those who choose to access the website from locations outside the United Kingdom do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. |
| 1.6 | If you provide feedback to us through this website you must ensure that such feedback is accurate and that any beliefs are genuinely held. Feedback must not contain any material which is defamatory of any person or in breach of any law. |
| 1.7 | You are responsible for making all arrangements necessary for you to have access to this website. You are also responsible for ensuring that all persons who access this website through your internet connection are aware of these Terms of Use, and that they comply with them. |
| 2. | Security |
| 2.1 | Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet. |
| 2.2 | We will use our reasonable endeavours to prevent contamination of any material sent to you with any virus or similar destructive code. |
| 2.3 | We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it. |
| 2.4 | It is your responsibility to scan what you choose to download from this website to ensure that it is free of such items as viruses, worms, trojan horses and other similar destructive code. |
| 2.5 | You must not misuse this website 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 this website, the server on which this website is stored or any server, computer or database connected to it. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack. |
| 2.6 | 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 this website will cease immediately. |
| 2.7 | Please note that any e-mail sent to or from us via this website and any attachments will not be encrypted. They may therefore be liable to be compromised. This is an inherent risk in relation to e-mail. We do not, to the extent permitted by law, accept any liability (whether in contract, negligence or otherwise) for any external compromise of security and/or confidentiality in relation to transmissions sent by e-mail. |
| 3. | Cookies |
| 3.1 | Cookies are software applications which are placed onto the hard drive of your computer by websites. The aim of a cookie is to track a user’s navigation of a website and store the information on the user’s hard drive to make the user’s visits to that website more productive by storing and using information on the user’s website preferences and habits. |
| 3.2 | We may track and process information and data in relation to your use of this website using cookies, although we will not disseminate this information to anyone except our officers, employees and contractors. Further, we may use cookies to collect information about your computer, including where available your IP address, operating system and browser type, for system administration, services enhancements and to report aggregate information to our advertisers, other third party service providers and interested third parties. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. |
| 3.3 | You can permanently disable cookies on your computer by following the instructions provided in the help section of your browser, but disabling cookies may reduce your ability to take advantage of all or some of the features of this website. |
| 4. | Intellectual Property |
| 4.1 | Save where stated otherwise, all title, ownership, and intellectual property rights in and to the website (including, but not limited to, any titles, trademarks, service marks, and trade names, computer code, themes, objects, pictures, graphics, characters, character names, stories, dialogue, catchphrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by Firefly. |
| 4.2 | Except as otherwise provided for in these Terms of Use (or as expressly notified to users of the website from time to time), you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any articles, opinions, photographs, images, video, audio, advertising, trademarks, service marks, logos, trade names, computer code or any other intellectual property (collectively ‘Material’) from the website without the prior express written consent of Firefly. |
| 4.3 | Permission is granted to you to electronically copy and to print hard copy portions of this website for the sole purpose of using this website as a research and information resource provided you agree not to change and/or delete any content, web design and/or layout contained in that material. Any other use of materials on this website, including modification, distribution or republication, is strictly prohibited. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. We (or any identified contributors) must always be acknowledged as the authors of material on this website. |
| 4.4 | You must not use any part of the materials on this website for commercial purposes without obtaining a licence to do so from us or our licensors. |
| 4.5 | If you print off, copy or download any part of this website in breach of these Terms of Use, your right to use our websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. |
| 4.6 | If you believe that any content of this website in any way infringes intellectual property rights belonging to you or any third party, please contact us immediately. |
| 5. | Online Forums and User Generated Content |
| 5.1 | The website may include competitions or online forums (chat rooms, discussion forums, message boards and/or news groups: “Online Forums”) that allow you to interact with us or other users by posting feedback, comments, reviews or messages and/or other content (“Content”). |
| 5.2 | You may view messages on the Online Forums without having to register with Firefly, but to actively participate in any Online Forum and use any associated services, you must register with Firefly using a valid e-mail address. Upon registration, an activation key (in the form of a URL) will be emailed to the address you provide – you must visit this URL to activate your account and will be unable to participate on the Online Forums until your account is activated. |
| 5.3 | Firefly will have no responsibility to monitor the website’s Online Forums or any Content posted thereon. However, Firefly reserves the right to delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, violates any person’s rights of privacy or publicity or is deemed by Firefly to be otherwise unacceptable. Each Online Forum participant is responsible and liable for any Content or other material posted by them on an Online Forum. Firefly reserves the right (in its sole discretion) to modify, remove, suspend or delete any Content on any Online Forum at any time. Any activity on or to an Online Forum which is deemed by Firefly (in its sole discretion) to be inappropriate may result in the suspension or termination of the participant’s account. |
| 5.4 | Listed below are some, though not all, inappropriate activities that may result in Firefly terminating or suspending your access to an Online Forum. You understand that the Online Forums are within the public domain and as such the uploading to and/or posting of any Content in any Online Forum shall not be subject to any obligation of confidence on the part of Firefly, and Firefly shall not be liable for any use or disclosure of any Content. |
| 5.5 | You agree not to do any of the following actions while using any Online Forum: |
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5.5.1
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Harass, threaten, embarrass or cause distress or discomfort to another Online Forum participant, user, or other individual or entity; |
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5.5.2
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Transmit any Content in any Online Forum that Firefly considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; |
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5.5.3
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Impersonate in any Online Forum any person, including but not limited to, a Firefly official, or an Online Forum leader, guide, host or moderator; |
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5.5.4
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Disrupt the normal flow of dialogue in an Online Forum or otherwise act in a manner that negatively affects other participants (including but not limited to: insulting other users, flaming, spamming, off-topic posting, flooding or invading, inciting board wars, using bots or automated programs, censor bypassing, disruptive scrolling, etc.); |
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5.5.5
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Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Online Forums; |
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5.5.6
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Intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing any Online Forum; or |
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5.5.7
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Invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right. |
| 6. | Use of Content |
| 6.1 | By posting or uploading Content to the website or submitting Content to Firefly, you automatically grant (or warrant that the owner of such rights has expressly granted) Firefly a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such Content into any form, medium, or technology now known or later developed, and agree that Firefly shall be entitled to unrestricted use of the Content for any purpose whatsoever, commercial or otherwise, without compensation. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s rights, including, without limitation, any rights of identification or integrity (as defined in Sections 77 and 80 of the Copyright Designs and Patents Act 1988) or other analogous ‘moral rights’ that may subsist under the laws of any foreign jurisdiction. Subject to the above licence, copyright in any Content that you submit to us will remain with you. If you do not want to grant Firefly the licence set out above on these terms, please do not submit any Content to Firefly or upload Content to the website. |
| 6.2 | You also hereby grant each user of the Website a non-exclusive licence to access your Content through the Website, and to use, reproduce, display and perform such Content as permitted through the functionality of the Content and under these Terms of Use. To the extent permitted by law, you unconditionally and irrevocably waive all moral rights which you may have in your Content. |
| 7. | Links |
| 7.1 | Where this website 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them. In respect of goods that you may purchase through any such sites or resources, we disclaim any warranties whatsoever in respect of such goods. This disclaimer does not affect any statutory rights you may have against the third party seller. |
| 7.2 | We do not guarantee that any links to third party websites contained on this website will function correctly. |
| 7.3 | You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. |
| 7.4 | This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice. |
| 8. | Competitions |
| 8.1 | From time to time, we may offer you the ability to enter competitions. Each competition will be governed by its own set of rules, which will be published on the website when the competition begins. Where a competition invites you to submit Content to us, your attention is drawn in particular to the Use of Content section of these Terms of Use. |
| 9. | Downloads |
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9.1
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From time to time we may make game demos or other content available for users to download or stream from the website (“Demos”). By downloading/viewing a Demo from the website you are deemed to agree to the following terms: |
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9.1.1
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Firefly hereby grants you a non-exclusive, revocable, royalty-free, non-transferable conditional licence to download or view a single copy of a Demo on a single computer for use by a single concurrent user only, subject to the conditions and restrictions set out herein. |
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9.1.2
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You agree not to do any of the following in connection with any and every Demo (or any part thereof) that you download or view as streaming content: |
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(a)
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use, display or otherwise exploit a downloaded Demo (or any part thereof) for any commercial purpose or in connection with any money making scheme; |
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(b)
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copy, sell, lease, sub-licence, reproduce, publish, distribute or redistribute, in any manner whatsoever, any downloaded Demo (or any part thereof); |
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(c)
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decompile, disassemble, un-bundle, decipher, decrypt or otherwise attempt to copy, modify, alter, adapt or deface any downloaded Demo (or any part thereof) nor merge or combine any downloaded Demo with another downloaded Demo or with anything else; |
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(d)
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otherwise use or exploit a downloaded Demo (or any part thereof) in any manner which is inconsistent with these Terms of Use. |
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9.1.3
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All rights not expressly granted by this licence are specifically reserved. |
| 10. | Indemnification |
| You agree to indemnify and hold harmless Firefly and its respective officers, directors, owners, agents, information providers and licensors (collectively the “Indemnified Parties”) from and against any and all costs, claims, demands, liabilities, expenses, damages or losses of whatever nature (including but not limited to legal and other professional costs and expenses) incurred by an Indemnified Party in connection with any breach by you of these Terms of Use. Firefly reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case you agree to co-operate with Firefly’s defence of such claim. | |
| 11. | Disclaimer of Warranty and Limitation on Liability |
| 11.1 | We make no warranties, whether express or implied in relation to the accuracy of any information we place on the website. |
| 11.2 | The website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the website or products or services offered on the website, whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade. |
| 11.3 | Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the website or products or services offered on the website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the website or the server which makes it available or products or services offered on the website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the website. |
| 11.4 | We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for: |
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11.4.1
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any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or |
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11.4.2
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any loss of goodwill or reputation; or |
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11.4.3
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any special or indirect or consequential losses, howsoever arising and; |
| in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. | |
| 11.5 | Nothing in these Terms of Use: |
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11.5.1
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shall affect your rights as a consumer under English law; |
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11.5.2
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shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit. |
| 11.6 | If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. |
| 11.7 | These Terms of Use supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein. |
| 11.8 | These Terms of Use are governed by and shall be construed in accordance with the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the English courts. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of these Terms of Use is taking place or originating. |