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SMASHMOUTH GAMES LIMITED: GAMER CLUB
1.In this Agreement we and us refer to SmashMouth Games Limited (a company registered in England & Wales with number 05846219), whose registered office is at Reedham House, 31 King Street West, Manchester M3 2PJ, and you and your refer to a person who has applied to join our on-line games club (the SmashMouth Games Gamer Club or the Club).
2.These Terms & Conditions regulate your membership of the SmashMouth Games Gamer Club and apply to all Club activities. There are currently three levels of Club membership: Bronze, Silver and Gold, and the respective benefits of each are as set out in the membership information files in the "SMGGC" "SMGGC OVERVIEW" section at www.smashmouthgames.com. Any changes to the above introduced in accordance with clause 3 below will be included at "SMGGC" "TERMS AND CONDITIONS" section at www.smashmouthgames.com.
3.We reserve the right to introduce additional tiers of membership (eg Platinum), additional benefits for each level of membership or to substitute other benefits (which we reasonably consider equivalent) for the benefits currently offered by us.
4.The Club is not open to members under 13 years old and by applying to join the Club you confirm that you are thirteen years old or above. Events scheduled for Club members may also be restricted on age grounds or as a result of limitations applied by the venue or the event. We will use all reasonable endeavours to include all age limitations in any presentation of such events. Misrepresentation of your age, either to join the Club or to attend any Club event, is a breach of membership terms and shall entitle us to terminate your membership with immediate effect.
5.Members on lower tiers of membership may always upgrade to a higher level of membership by agreeing to make the payment associated with the higher level of membership and clicking on the desired membership button.
7.In summary, we will use your personal details only for Club purposes and not supply your details to any third parties, but we may use them to make you aware of advance special offers for our games and, if you wish to do so, for other special offers.
8.Rules of Club membership may be published from time to time on our website at www.smashmouthgames.com. Club members agree to abide by Club rules. Rules require Club members to act in a responsible manner, not bully or harass other members, and to respect the intellectual property rights of SmashMouth Games and others. We reserve the right to expel any member whom we consider in breach of the Club rules and in such circumstances membership fee shall not be refundable.
9.As a member of the SmashMouth Games Club, you may from time to time be shown advance information about SmashMouth Games products and developments. You agree that, where you are informed that this information is confidential, that you will only use it in the context of Club activities and will not disclose it to any third party.
10.On occasion, where you are being offered privileged access to specific confidential information of SmashMouth, we may require you to enter into our long-form Non-Disclosure Agreement as a pre-condition of such privileged disclosure.
11.The restrictions on use and disclosure of the confidential information shall not apply to any information, which is at the date of the disclosure or subsequently becomes public domain information otherwise than by breach of your obligations, or is (prior to that date) in your possession, free of any obligation of confidentiality. Subsequent to disclosure becomes lawfully available to you from a source which is independent of SmashMouth Games, or which you are required to disclose by law or court order, but then only to the extent to which such disclosure is necessary. However, you cannot rely on the preceding exception unless you tell us that this is the case.
12.In addition to the benefits in respect of advance information regarding games, the ability to purchase games at a discount to list price and other benefits of membership at the appropriate level, the key benefit of being a member of the SmashMouth Games Gamer Club is that your name will be included in the credits for any game release by us while you are a member, in the manner applicable to your level of membership Name in the Game.
13.You agree that you will waive all rights which such a citation might otherwise lend you, including any right to claim any rights other than Name in the Game rights (as set out in "SMGGC" "TERMS AND CONDITIONS" section at www.smashmouthgames.com describing the privileges applicable under Name in the Game in the fee schedule). In particular, being a Name in the Game does not convey any rights in respect of our intellectual property rights.
14.The name used by you on your payment details to your subscription will be used by us as the name for Name in the Game purposes, unless you inform us in advance that you do not wish your name to appear, or submit as an alternative a designated pseudonym agreed by us. We reserve the right to refuse to accept any pseudonym or require you to change any pseudonym on the basis that it conflicts with the name or pseudonym of an existing Club member, is misleading, offensive, obscene, harassing, breaching intellectual property rights or which we consider otherwise inappropriate.
15.Please note that once names are included within the credits for a particular game, it will not be possible to remove them until a new release of that game is provided and that will not prevent already released older versions of the game from maintaining this material.
16.By accepting these Terms & Conditions and not opting out you agree for the inclusion of your name in the supporters information in relation to the game.
17.These Terms & Conditions are governed by English law and the provisions of the courts of England and Wales will have effect in relation to them. Please signify your acceptance of the above Terms by clicking the I agree button.
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