TERMS OF USE
1. Who are we?
We’re Secret Mode Limited, a company registered in England and Wales under company number 12912552, with registered office at 32 Jessops Riverside, 800 Brightside Lane, Sheffield, United Kingdom, S9 2RX with VAT number 918 4521 19 (“Secret Mode”).
2. Understanding these terms
2.1 This end user licence agreement (this “EULA”) describes how you may download, access, use and play our game called ‘Critter Café’ (including how you may use the services made available thereon and purchase additional products, content and features) (together referred to as the “Game”).
2.2 In this EULA, when we refer to “we”, “us”, “our” or similar, we mean Secret Mode; and when we refer to “you” or “your” we mean you, the person downloading, accessing or using the Game.
2.3 Please read this EULA carefully before downloading, accessing, using or playing the Game. If you are under the age of majority in your jurisdiction of residence (which is under the age of 18 years in the UK), then you must obtain your parent or legal guardian’s consent to this EULA on your behalf. By downloading, accessing, using or playing the Game, this EULA will apply to you and you agree to the terms of this EULA. If you’d like to obtain an electronic copy of this EULA, please contact us using the details at clause 15.
2.4 When certain words and phrases are used in this EULA, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of this EULA where it was defined (you can find these meanings by looking at the sentence where the defined term is included in bold and speech marks).
3. Limited use license
3.1 The Game is licensed to you to play and is not being sold to you. This EULA and your use of the Game does not give you any rights of ownership in any property whether tangible or intangible (including without limitation in any In Game Item).
3.2 You may only interact with the Game if you are acting for purposes that are wholly or mainly outside of your trade, business, craft or profession (a “Consumer”). As such:
3.2.1 you may only use the Game for your own domestic, private and non-commercial use; and
3.2.2 by using the Game you confirm that you are acting as a Consumer.
3.3 We’ll only use your personal information according to our privacy policy (available on https://wearesecretmode.com/legal).
4. The Game and your device
4.1 Our Game may be available to download and use via various third party game storefronts (“Third Party Platforms”). You agree that you will read and comply with all applicable terms and conditions, policies and other guidelines implemented by these Third Party Platforms in connection with your use of the Game (including those set out in Schedules 1, 2 and 3 of this EULA). This includes, where you purchase the Game via Steam, the Steam Subscriber Agreement (available here).
4.2 You are responsible for making all arrangements necessary for you to have access to the Game, including Internet access and a compatible device with up-to-date operating systems that support the Game in accordance with our instructions and recommendations (the device you use being a “Device(s)”). You are also responsible for ensuring that everyone who accesses the Game through your account and/or Internet connection are aware of this EULA and comply with the terms of this EULA.
4.3 Whilst the Game is made available free of charge, the Game also offers additional products, content and features which may be purchased (see clauses 6 and 7 below for more information).
4.4 We do not guarantee that the Game, or any content on it, will always be available or be uninterrupted. Access to the Game is permitted on a temporary basis.
5. Acceptable use
General
5.1 You agree:
5.1.1 not to use the Game in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this EULA;
5.1.2 not to infringe our intellectual property rights or those of any third party in relation to your use of the Game (to the extent that such use if not licensed under this EULA);
5.1.3 not to engage in any act that would (or would be likely to) conflict with the spirit or intent of the Game, including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
5.1.4 not to make alterations to, or modifications of, the whole or any part of the Game, or permit the Game or any part of it to be combined with, or become incorporated in, any other programs;
5.1.5 not to use the Game by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Game for use within a third party website or application;
5.1.6 not to collect or harvest any information or data from the Game or our systems or attempt to decipher any transmission to or from the servers running the Game;
5.1.7 not to copy, or otherwise reproduce or re-sell any part of the Game unless expressly permitted to do so in this EULA;
5.1.8 except to the extent permitted by applicable law, not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Game or attempt to do any such thing;
5.1.9 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Game;
5.1.10 to keep all copies of the Game secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Game;
5.1.11 not to provide or otherwise make available the Game in whole or in part (including object and source code) in any form to any person without prior written consent from us;
5.1.12 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Game;
5.1.13 not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Game; and
5.1.14 not to use the Game to transmit information that is in any way false, fraudulent or misleading.
5.2 You acknowledge that you have no right to have access to the Game in source-code form.
Sharing Game content on third party platforms
5.3 We are excited to see you enjoy the Game. You can also use the Game in the following ways:
5.3.1 share screenshots, streams and/or videos of your gameplay;
5.3.2 include ads in pre-recorded or live streamed gameplay videos which you share via sites like Twitch or YouTube (as long as it doesn’t seem like an endorsement by us); and
5.3.3 to create pre-recorded or live streamed gameplay videos of you playing the Game which you share via sites like Twitch or YouTube, that you may monetise for example by receiving revenues from Twitch or YouTube, or in creating Patreon (or similar platform) exclusive content that end-users may pay you to access,
subject in all cases to your compliance with this EULA and the terms of any platform on which such material is shared.
Viruses
5.4 We do not guarantee that the Game will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Game and we recommend that you use your own virus protection software.
5.5 You must not misuse the Game 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 the Game, the server on which the Game is stored or any server, computer or database connected to the Game. You must not attack the Game via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit criminal offences. We may be required to report such breaches to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Game will cease immediately.
6. Intellectual property
6.1 We grant to you a non-transferable, non-exclusive, revocable licence to download, install and use the Game on your Device provided that you comply with the terms of this EULA and the documents referred to in it. We reserve all other rights.
6.2 We are the owner or licensee of all intellectual property rights in the Game and its content and the ‘Critter Café’ name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
6.3 You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in this EULA.
6.4 No part of the Game, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
6.5 We welcome your feedback on the Game. Any communications or materials you send to us through the Game by electronically or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
7.1 The Game features various downloadable in-game items such as cosmetics, clothing, furniture and similar content (together “In-Game Items”). Some In-Game Content can be earnt or otherwise acquired for free during gameplay and by completing certain tasks within Game. We may also distribute In-Game Items to players as part of our promotional and marketing activities.
7.2 By acquiring In-Game Items, you are acquiring a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the In-Game Item solely for purposes within the Game. As such, you acknowledge and agree that:
7.2.1 you do not own the In-Game Item; and
7.2.2 the In-Game Item has no real-world monetary value and accordingly cannot be exchanged for any real-world assets, such as products, services or money.
8.1 If you download, access, use or play the Game via Steam, such download, access or use is conditional upon you reviewing and agreeing to the additional terms set out in Schedule 1 to this EULA.
9. Game updates and suspension
9.1 We may update, patch or otherwise modify the Game from time to time in order to:
(a.) upgrade or improve your experience;
(b.) implement technical adjustments;
(c.) manage technical problems and security concerns;
(d.) add new features;
(e.) address changes in applicable law or regulation; or
(f.) address other important operational reasons, commercial or legal reasons, including requests from the platform holder.
We may suspend the Game from time to time to make these updates. If we make any such updates, we’ll provide you with reasonable prior notification via the Game (however we may be unable to provide any notice if updates are required for serious reasons, such as for security threats or changes in law or regulation).
9.2 If you do not wish to continue using Game following any such updates or suspension, you can cancel your agreement to this EULA by contacting us using the details in clause 15 and discontinuing your use of the Game. If you are concerned in relation to any unconsumed Paid Items purchased prior to termination, please contact us.
9.3 If we have released an update, you may not be able to use the Game until you have downloaded such update.
10. Changes to this EULA
10.1 We may make changes to the terms of this EULA from time to time (for example, changes for security reasons, changes in law or for other important reasons). If we make any such changes, we’ll provide you with prior notice via the Game. Please check this EULA regularly to ensure that you understand the terms that apply at the time that you use and access Game.
10.2 If you do not wish to continue using the Game following any changes, you can cancel your agreement to this EULA by contacting us using the details in clause 15 and discontinuing your use of the Game. If you are concerned in relation to any unconsumed Paid Items purchased prior to termination, please contact us.
11. Our liability
11.1 Nothing in this EULA excludes or limits our liability for:
(a.) death or personal injury caused by our negligence;
(b.) fraud or fraudulent misrepresentation; and
(c.) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
11.2 We assume no responsibility for the content of websites or applications linked to from the Game (including links to our commercial partners). Such links should not be interpreted as endorsement by us of those linked websites or applications. We will not be liable for any loss or damage that may arise from your use of them.
11.3 If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Game (or entered into the applicable Contract).
11.4 You agree not to use the Game, or any content on the Game, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.5 Save as set out in clause 11.1 above, our maximum liability to you under this EULA is limited to £100.
12. Termination
12.1 Either you or we may terminate this EULA at any time for any reason.
12.2 If you breach any of the terms of this EULA, we may immediately do any or all of the following (without limitation):
12.2.1 issue a warning to you;
12.2.2 temporarily or permanently withdraw your right to use the Game;
12.2.3 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
12.2.4 take further legal action against you; and/or
12.2.5 disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
12.3 If we withdraw your right to use the Game, then:
12.3.1 all rights granted to you under this EULA will cease;
12.3.2 you must immediately cease all activities authorised by this EULA, including your use of any services provided through the Game; and
12.3.3 you must immediately delete or remove the Game from all Devices, and immediately destroy all copies of the Game then in your possession, custody or control and certify to use that you have done so.
13. Other important information
13.1 You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the Game onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the Game on or in relation to any Device, whether or not it is owned by you.
13.2 Each of the clauses of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
13.3 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.
14. Governing law and jurisdiction
14.1 This EULA is governed by English law. This means that your download, access to, and use of, the Game, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection therewith will be governed by English law.
14.2 If you are resident in the UK or the EU and we direct the Game to your country of residence:
14.2.1 you may bring any dispute which may arise under this EULA to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or the EU, which courts are (with the exclusion of any other court) competent to settle any such a dispute; and
14.2.2 we will bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is within the UK or EU or otherwise the competent court of England.
14.3 If you are resident in the UK or the EU and we direct the Game to (and/or pursue our commercial or professional activities in relation to the Game in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including section 14.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
15. Contacting us
If you have any questions concerning this EULA or the Game, you may contact us at:
| info@secretmode.games | |
| Address | 32 Jessops Riverside, 800 Brightside Lane, Sheffield, United Kingdom, S9 2RX |
Terms last updated: 4 October 2024