FACTORY 42

 

Terms of Service

 

Last Updated: 08 SEP 2020

These terms of service (the “Terms”) form a legal agreement between you and Factory 42 Limited ("Factory 42", "we", "our" or "us").

 

These Terms set out how you may use our App and any Virtual Content. Please read these Terms carefully to make sure you understand them.

 

By using our App, you accept these Terms and agree to comply with them. Please read them carefully and make sure that you understand them.

 

You acknowledge that by purchasing any in-app purchases or Virtual Content made available through the App, you will lose your 14-day cancellation rights under applicable consumer law.

 

Who we are and how to contact us

 

We are Factory 42 Limited, an immersive and television content production studio that uses cutting-edge advanced imaging technologies to develop unique multi-sensory experiences for visitor destinations, broadcasters, brands and artists. Our registered office is at New Wing Somerset House, Strand, London, WC2R 1LA.

 

We operate the “My Dino Mission AR app” ('App').  

 

Please contact us by:

 

email to: dinosupport@factory42.uk

letter to: Factory 42 Limited, New Wing Somerset House, Strand, London, WC2R 1LA

 

What are the Terms of Service?

 

The Terms of Service (‘Terms’ for short) forms the contract between us and you, and tells you the rules for using our App.

 

The Terms include this document and our Privacy Policy as well as any additional terms or policies which may be required from time to time and which will be notified to you in accordance with these Terms.

 

Changes to these Terms

 

We may need to revise these Terms from time to time to reflect changes in or to:

 

  • relevant laws or regulatory requirements.

  • security, technical or operational issues; or

  • the functionality or features of the App.

 

We will notify you of a change when you next start the App.

 

If you do not accept the notified changes you may continue to use the App in accordance with the existing Terms but certain new features may not be available to you.

 

If there are any conflicts between the notified changes or any additional terms and policies and these Terms, these Terms will take precedence.

 

Please read our Privacy Policy to understand how we use your personal information

 

Our Privacy Policy explains how we use and process your personal information, including what type of personal information we collect, how long we store it for, who it may be shared with, and the circumstances in which we may contact you. It also explains the rights you have in relation to the use of your personal information in connection with this App.

 

It is important that you read this information. To read our Privacy Policy, please visit: https://www.factory42.uk/dxhdinosaurs-privacy-policy

 

Who owns the content made available through the App?

 

We either own, or have a licence to use, all of the content and information contained in the App, including all the intellectual property rights in our App. For example, we own, or have a licence to use, all the software code, graphics, images, trade marks, designs, logos, videos and text in our App.

 

You have no intellectual property rights in or to the App, and are not allowed to use the App except as expressly allowed under these Terms. 

 

Virtual Content

 

Our App may enable you to acquire certain content through in-app purchases. This includes, for example, content that expands on existing gameplay or adds new features to the App ("Virtual Content"). The value of any Virtual Content does not correspond or equate to any real-life monetary value, credit balance or currency.

 

Your right to use the Virtual Content or other in-app purchases is personal to you unless we agree otherwise, and is subject to these Terms. You may not re-sell or trade any Virtual Content or other in-app purchases.

 

Who do I contact about refunds or payment issues? 

 

For Virtual Content or any other type of purchase via Apple or Google you will need to contact the relevant online app store.

 

For queries or concerns about the quality or performance of Virtual Content or the App, please contact us at: dinosupport@factory42.uk. 

 

You must follow our Rules whenever you use our App

 

You agree to comply at all times with the following rules (our "Rules”).

 

You agree that you will not perform any act, or share, distribute, make available, or transmit any data, message, or file through the App that:

 

  • is sexually explicit, vulgar or obscene;

  • amounts to a personal attack on others;

  • bullies or harasses others;

  • amounts to, or encourages, any illegal activity;

  • deletes or changes any legal notices, disclaimers, proprietary notices, copyright or trademarks;

  • infringes our rights or anyone else's rights. For example, you must not infringe our or anyone else's patents, copyright, trade marks, or other intellectual property rights, or confidential information or privacy;

  • contains a virus or similar threat, or interferes with, impairs or damages our App;

  • negatively affects any person's use or enjoyment of the App;

  • involves disruptive, antisocial or destructive behaviour, including, for example "flooding," "trolling," "flaming," "spamming," or "griefing";

  • involves the carrying out of any business activity, including generating money for yourself or others; or

  • amounts to an advertisement, chain letter, junk or spam.

 

In addition, it is against the Rules to participate in any of the following:

 

  • any attacks, including for example, denial of service attacks or other similar attempts to interfere with others’ use of the App;

  • trying to access computers or networks connected to the App that you are not authorised to access, or using the App in a way that could damage our systems or interfere with other users;

  • adapting or changing the App in any way or allowing the App to be combined with any other programs;

  • breaking down, reverse engineering or creating any other works based on the App (or any part of the App);

  • copying the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

  • obtaining or using personal information about others or sharing anyone’s personal information through the App.

 

We may terminate or restrict your right to use the App if we think that you have not followed the Rules or if we reasonably believe that you have otherwise behaved inappropriately while using our App.

 

If you think that another user may be breaching our Rules, please let us know, using the contact details provided. However, we are not responsible for any other user's failure to comply with our Rules.

 

Your right to use the App

 

In return for your agreeing to comply with these Terms, we are giving you personally the right to use the App for commercial entertainment purposes. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it. You agree not to use the App for any other purpose.

 

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

 

We may update the App from time to time

 

From time to time, we may deploy or provide patches, updates, upgrades, additional content or other modifications to the App (for example for maintenance, enhancements, to add or remove features, resolve software bugs or address security concerns). 

 

These updates and upgrades may result in the App being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the App for longer periods while we deploy these updates and upgrades. We will always try to give you notice of this, but it may not be possible in all cases. We would always recommend that you have the latest version of the App installed. If you do not install any update or upgrade then all of the functionality and features of the App may not be available to you or you may not be able to continue using the App. 

 

We will not be liable to you in certain circumstances

 

We do not guarantee that the App will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors or omissions. For example, there may be times when the App is unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain features or parts of the App – we will always try and give you notice of this, but it may not be possible in all cases, for example where emergency maintenance work is required.

 

We will not be liable for any loss or damage that you suffer as a consequence of the App becoming temporarily or permanently unavailable where this unavailability is outside of our reasonable control.

 

We are not responsible for the following types of loss or damage which may arise from your use of the App:

 

  • damage to your computer system or loss of data, except where this is caused by us not using reasonable care and skill;

  • loss, damage or upset that you suffer as a consequence of the actions of another user;

  • any loss or damage if the App is not provided to you, or are interrupted or suspended, or if we do not comply with the Terms because of events beyond our control, such as an act of God, pandemic or epidemic, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control; or

  • loss or damage which neither of us could have reasonably anticipated or expected when you started using the App. This includes, for example, any loss or damages which is indirect or which is a side effect of the main loss or damage, such as loss of revenue or salary, or loss of profit, opportunity or reputation.

 

Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud. We do not make any statement, guarantee or promise in respect of the App not set out in these Terms, including, without limitation, any statements made by third parties.

 

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

Downloading a game through an online app store such as the iTunes App Store or Google Play Store

 

In order to use our App, you must also agree to comply with the terms of use of the relevant app store, which will also apply in addition to these Terms. You should read these online app store terms of use carefully.

 

If you make any in-app purchases (including Virtual Content), then the relevant online app store provider’s terms and conditions will also apply. You acknowledge that any billing and transactions are handled by the online app store provider. You should contact the online app store provider directly if you have any payment related issues with in-app purchases (including Virtual Content).

 

You are responsible for ensuring you have the necessary equipment to use our App

 

You must provide all equipment and software necessary to use the App. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the App.

 

Questions, complaints and disputes

 

We will do our best to resolve any disputes over these Terms of Service and your use of the App.

 

These Terms, their subject matter and formation are governed by English law. However, if you are a consumer and resident of any European Union country you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.

 

You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any European Union country you and we may also bring proceedings in that country.

 

If we are unable to resolve any disputes between us regarding our App you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at: https://webgate.ec.europa.eu/odr/.

 

The terms and conditions of the relevant online app store also include instructions explaining what to do if a game is defective. Your rights and remedies for defective games and how to exercise them are set out in the relevant terms and conditions of the relevant online app store.

 

Our right to end the contract or restrict access to our App

 

We may end our contract with you to use the App if you breach any of these Terms, or if you breach the terms you have entered into with any third party involved in a transaction (for example, if you breach the Google Play or Apple App Store terms and conditions).

 

If you breach any of these Terms, we may also choose, at our discretion, to restrict your access to the App. For example, we may close any account you have with us. We will try to give you notice of this and a chance to appeal where reasonably possible.

 

If we end your rights to use the App:

  • You must stop all activities authorised by these terms, including your use of the App.

  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have.

 

If you breach these Terms, or if your account is closed, you may lose access to in-app purchases you have made and other data

 

If we end our contract with you to use the App, or restrict access to any part of our App, we may delete any in-app purchases or Virtual Content you have obtained, and you will no longer be able to use those purchases.

 

Do I have to be a certain age to use the App?

 

If you are under the age of 18, you must not use our App unless you have the consent of a person who has parental responsibility for you.

 

Other important legal terms

 

The App is made available for personal and not commercial use. You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under these Terms to any other person.

 

If any part of these Terms is or becomes invalid, illegal or unenforceable, it will be amended to the minimum extent necessary to make it valid, legal and enforceable. If that part cannot be amended, it will be deleted. The amendment or deletion of any part of these Terms will not affect the validity and enforceability of the rest of the Terms.

 

If we do not enforce any right we have against you, this does not prevent us from enforcing this right at a later date.

 

A person who is not a party to these Terms does not have any rights under them and these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

© 2020 Factory 42