Terms of Service for Joynamix Ltd
Last Updated: 25/10/2024
This agreement is a contract between you and Joynamix Ltd, governing your use of the Backyard Kickabout game.
If you are a resident of the United Kingdom, this agreement is a contract between you and Joynamix Ltd.
For the purpose of this Agreement, the term "Backyard Kickabout game" includes the software of the video game itself, all of its components (e.g., the source code), and content (e.g., graphical or musical content).
This Agreement applies to the Backyard Kickabout game and all of its future updates and expansions unless the expansion is governed by a separate agreement.
If an expansion to the Backyard Kickabout game is governed by a separate agreement, you will be explicitly asked to agree to the separate agreement. If you are a minor (below the legal age of majority in your country), please have the Agreement reviewed and agreed to by your parent or legal guardian.
Application of Distributor's Terms and Conditions
We generally use the services of a distributor to market our Backyard Kickabout game. The distributor usually has its own Terms and Conditions governing your use of its services and the distribution of software via its services to you. If there is anything in the distributor's Terms and Conditions that overlaps with the legal matters regulated in this Agreement, the distributor's Terms and Conditions take precedence unless they provide that this Agreement between you and Joynamix Ltd applies preferentially.
Health and Safety Warning
Due to its virtual reality nature, the Backyard Kickabout game can be physically challenging. Please consider your state of health before you start playing. If you have any doubts, consult a doctor. Take breaks regularly and stay hydrated. Please be careful and mindful of your environment when playing the Backyard Kickabout game. Always make sure that there is enough space for you to play safely and that there are no obstacles or dangerous objects around you. This experience requires high physical activity. All users should read the health and safety warnings provided with your headset before playing Backyard Kickabout. Always create and maintain a safe play space. Take regular breaks. Stop playing if you experience discomfort. If you are a minor (below the legal age of majority in your country), please have the health and safety concerns checked by your parent or another responsible adult before you start to play the Backyard Kickabout game. Please note that you bear responsibility for your actions while you play the Backyard Kickabout game. We don't take responsibility for any injury or damage caused by your actions while playing the Backyard Kickabout game. Nothing in this clause will limit or exclude our liability for death or personal injury caused by our negligence in circumstances where such liability cannot be limited or excluded under applicable law.
License Terms and Ownership
We give you the right to use the Backyard Kickabout game (a license) to the extent of downloading, installing, and playing it for your personal non-commercial enjoyment. You may not do the following with the Backyard Kickabout game:
Use the Backyard Kickabout game for commercial purposes (including e-sport and similar events) without our prior consent or unless specifically permitted in this agreement.
Grant a sublicense to another person.
Copy the Backyard Kickabout game, apart from creating copies necessary to run the Backyard Kickabout game on your gaming device.
Sell, rent, lease, or otherwise distribute the Backyard Kickabout.
Edit, merge, distribute, translate, reverse engineer, decompile, or disassemble the Backyard Kickabout game unless specifically permitted in this agreement, by our prior consent, or by the mandatory rules of applicable law.
Cheat, willfully exploit bugs or glitches, willfully harass or grief other players, or utilize any software or other means to do any of the aforementioned activities in the Backyard Kickabout.
Bypass or remove any measure preventing misuse of the Backyard Kickabout game.
Misuse the Backyard Kickabout game in any way contrary to applicable law, including good morals rules.
We retain all ownership rights to the Backyard Kickabout game.
No proprietary right is assigned to you via this agreement.
We reserve the right to provide or unilaterally deploy patches, updates, and other modifications to the Backyard Kickabout game in order to remove or correct a bug, glitch, or other issue, to prevent misuse of the game or breach of this Agreement, or to enhance gameplay (e.g., provide you with additional content).
Be considerate and polite while using any online feature of the Backyard Kickabout game, especially when communicating with other players. Don't choose a rude or offensive username or any username that infringes the rights of others, especially personal rights. If you do this, we reserve the right to take appropriate measures, e.g., change your username, block your access to the online feature of the Backyard Kickabout game, or suspend or block your access to the Backyard Kickabout game.
.Liability
We grant you all of the rights under this Agreement to the Backyard Kickabout game "as is" and "as available." This means that, to the extent permissible by law, we do not guarantee that the Backyard Kickabout game works without any bugs, glitches, or other issues. Inasmuch as the applicable law permits, we do not take any responsibility or liability for the Backyard Kickabout game having any bugs, glitches, or other issues.
We warrant to you that we have the right to conclude this Agreement with you and that we have the right to grant you the rights under this Agreement (namely, the license to use the Backyard Kickabout game).
Termination
If you materially breach this Agreement, we have the right to terminate the Agreement without any notice period. If it comes to this, you will lose all of the rights granted by this Agreement, namely, the right to use the Backyard Kickabout game, whereas we shall have no further obligations to you stemming from this agreement.
Governing Law and Dispute Resolution
This Agreement, your use of the Backyard Kickabout game, and all claims based on, arising from, or related to this Agreement or its execution, including rights and obligations regarding compensation of damages caused by a breach of this Agreement or rights and obligations regarding any unjust enrichment incurred in relation to this Agreement, shall be governed by and enforced in accordance with the law of Northern Ireland (excluding conflict-of-law rules), including its statutes of limitations. For the avoidance of doubt, in no case may the aforesaid governing law prejudice the level of consumer protection ensured by the laws of your country of residence. Any dispute pertaining to this agreement shall be judged and resolved exclusively by the courts of Northern Ireland.
IN SOME JURISDICTIONS, THE PROVISIONS INCLUDED IN THIS SECTION ARE PROHIBITED. NO PROVISIONS IN THIS SECTION WILL THEREFORE BE BINDING ON YOU IN CIRCUMSTANCES WHERE THEY ARE PROHIBITED IN THE JURISDICTION IN WHICH YOU ARE A RESIDENT. IN SUCH CIRCUMSTANCES, WHERE YOU HAVE A LEGAL RIGHT TO DO SO, YOU MAY BRING A CLAIM TO ENFORCE YOUR CONSUMER RIGHTS IN CONNECTION WITH THESE TERMS BEFORE THE COURTS OF YOUR RESIDENT COUNTRY.
Changes and Amendments
We reserve the right to make changes to this Agreement. In such a case, we will post the changes and amended text of the Agreement online and take reasonable steps to draw your attention to it.
The changes shall come into effect (become legally binding) 30 days after we have posted the amended Agreement online unless a longer period is stipulated in the amendment. If you don't agree to the changes, you can terminate this Agreement by simply ceasing to use the Backyard Kickabout game (including deleting any copy installed on your gaming device). If you continue to use the Backyard Kickabout game after the changes have come into effect, it shall be construed that you agree to the amended Agreement in its entirety.
Other Legal Matters
You may not assign this agreement or any of the rights granted in the agreement to another person.Inasmuch as the applicable law permits, the provisions of this Agreement shall be interpreted to the fullest extent expressed in this Agreement. If any of the provisions of this Agreement are deemed to be void, inapplicable, or unenforceable, the remaining provisions shall not be affected.
Contact
If you have any questions, comments, or feedback, you can contact us at joynamixstudios@gmail.com
Please also contact us at this email address if you have any complaints regarding our performance of this agreement.
