Downpour

Issued by DOWNPOUR LIMITED

Last updated: 8 April 2024

1. INTRODUCTION

1.1. These are the terms and conditions (the ‘T&Cs’) Downpour Limited (‘we’, ‘us’, ‘our’, ‘Downpour’) use to govern our application operated by Downpour and any related websites, applications, products, games, software and other materials under the “Downpour” brand (the “App”) (except where an App sets out that other terms and conditions apply). We've tried to keep them as short as possible, to help you understand how you can use the App.

1.2. If you don't want to or cannot agree to these T&Cs, then you must not buy (where applicable), download, use or play any part of the App. By buying (where applicable), downloading, installing, updating, using or playing the App, or by clicking ‘accept’, ‘start’ or similar (where applicable), you agree to these T&Cs.

1.3. We may offer each App through application and/or games stores including without limitation the Apple App Store and Google Play Store (each a ‘Store’). That means you need a Store account to use the App, and your use of each Store is subject to the terms of use applicable to that Store (as may change from time to time).

1.4. Where applicable, the Stores may allow you to get a refund in respect of or in connection with an App, in some cases. You should contact the Store through which you made a purchase, where applicable, in the event that you desire a refund.

1.5. Depending on which App you are seeking to access, and via which Store you are accessing it, such App may have an age rating. If so, you must adhere to the age rating and be at least as old as the age rating prescribes in order to use the App. In addition, if you are under the age of 18, you must have your parent or legal guardian's consent to your use the App and your parent or legal guardian must agree to these T&Cs.

2. SUMMARY

2.1. These T&Cs are a legal agreement between us and you, so please read it carefully.

2.2. These T&Cs describe how you are permitted to use the App.

2.3. These T&Cs should be read together with our Community Guidelines: https://downpour.games/communityguidelines and our Privacy Policy: https://downpour.games/privacypolicy.

2.4. If you break these terms and conditions or the Community Guidelines, we may stop you using the App, contact you regarding your use of them or exercise other remedies that we have available to us at law or in equity.

2.5. The App is provided on an ‘as is’ basis, and we make no (and hereby disclaim any and all) representations and warranties with respect to it, to the extent permitted by applicable law.

2.6. These T&Cs may change from time to time. Please check back with us periodically to make sure that you're aware of the latest version.

3. WHAT YOU CAN DO

3.1. As long as you follow the rest of the terms and conditions in these T&Cs, you can use the website for your non-commercial, personal use and we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to do the same. Similarly, as long as you follow the rest of the terms and conditions in these T&Cs, you can use the App in the following ways:

3.1.1. To use the App and play the games within it. We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the App for your personal, non-commercial use for gameplay in accordance with these T&Cs. We do not grant you ownership of the App itself.

3.1.2. To share screenshots and videos of your gameplay on your social media.

3.1.3. To 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).

3.1.4. To create pre-recorded or live streamed gameplay videos of you using the App (including without limitation playing a game within it) 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 (as long as you comply with the other terms of these T&Cs).

3.1.5. To use upgrades, updates and additional App-related content which we may make available from time to time (although we are not obliged to provide that or any updates, upgrades or support).

4. WHAT YOU CANNOT DO

4.1. We use commercially reasonable endeavours to protect our App and our users, and it is important that the App is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct that violates the terms or spirit of these T&Cs.

4.2. The following sets out some of the things that you cannot do with the App(and, subject to any applicable terms and conditions of the relevant licence within the Downpour Engine, any game or other content made available on the App):

4.2.1. do not share, rent, resell, or make available copies of the App (or any ‘hacked’ versions) or otherwise use the App commercially in any way except as expressly permitted by law (such as under ‘fair dealing or ‘fair use’ laws);

4.2.2. do not cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, or use our App in a way which is not within the spirit intended by our T&Cs or in a way which may harm the experience of other users of the App;

4.2.3. unless otherwise permitted under the relevant Downpour Engine licence, do not modify or adapt the App or hack, merge, translate, creative derivatives from the App or our websites, mimic, disable the App or tamper with them;

4.2.4. do not make public or commercial use, by any means, of any App or our products or services without our prior written consent;

4.2.5. do not provide hyperlinks to, or other forms of links to, our websites for obtaining profit or other commercial gain without our express prior written consent;

4.2.6. do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the App;

4.2.7. where applicable, do not share any password or security information you use to access the App with any other person;

4.2.8. do not delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trade mark notices or other legal lines or credits) notices in our App;

4.2.9. do not do anything (or attempt to do anything) which might disrupt use of the App by us or other users, or which could threaten, harass or upset other users of the App community; and

4.2.10.do not make anything available on or through the App that violates the rights of third parties (including without limitation their intellectual property or privacy rights).

4.3. Our Community Guidelines provide additional rules and guidance about your use of our App. We require that you comply with these rules so that we can properly operate our App and to ensure that our users have a safe and fair experience.

4.4. Please make sure you read these T&Cs carefully and understand them. If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.

4.5. If you breach these T&Cs, we have the right to suspend, terminate or otherwise take under review your licenses granted hereunder.

5. THIRD PARTY CONTENT IN OUR APP

5.1. The App may include third party website links and other third party materials such as games, posts, comments, videos, images and other content such as other user-generated content (“User Content”). We are not responsible for this User Content. We may moderate or otherwise check such User Content in some instances, but we are not required to do so. Depending upon the particular App and the content involved, we may be solely a mere conduit for the transmission, storage and retrieval of the relevant User Content. In other words, we may not review User Content for its legality, tastefulness or its compliance with these T&Cs.

5.2. We may rely upon a reporting system whereby players and users can report User Content to us, such as because it is illegal content or as it is content which breaches these T&Cs. A reporting mechanism may be made available for these purposes in the App, and you can also let us know by contacting us at: [email protected].

5.3. Where we provide the functionality for you to upload any content, including any User Content, to our App such as, without limitation, games, posts, photos, videos, images, voice communications, text and other communications, comments or other content or files, you represent, undertake and warrant to us that:

5.3.1. you own or control all rights in and to any and all such content that you submit, transfer, or otherwise make available through the App;

5.3.2. you have the right to grant us the licence described below under the heading “Intellectual Property Rights”; and

5.3.3. all content that you submit, transfer, or otherwise make available through the App:

(a) does and will comply with these T&Cs and our Community Guidelines;

(b) is lawful and will not give rise to any actual or possible civil or criminal liability for you or for us and does not promote any unlawful or illegal activity (including without limitation in respect of the territory and local laws applicable where you may upload such content);

(c) does not infringe the rights of any third party, including without limitation their intellectual property or privacy rights;

(d) does not include any virus, worm, logic bomb, bug or any other form of malicious or technically harmful data, code, link or information;

(e) does not contain any restricted or security related content such as the passwords, medical information or confidential information of any person; and

(f) does not solicit, encourage, invite, advocate, request or provoke directly or indirectly any of the foregoing or any illegal activity or breach of these T&Cs or the Community Guidelines.

5.3.4. Additionally, if you make and upload, submit, transfer or otherwise make available a game through the App:

(a) you do so using our “Downpour Engine” at https://github.com/downpourlimited/engine; and

(b) you license that game to us and any user of the App on the terms and conditions of the open source licence included in the Downpour Engine.

6. MONITORING AND ENFORCEMENT OF USER CONTENT

6.1. Any User Content may be reviewed by us or sent to third-party verification services (including, but not limited to, spam prevent services or moderators). Do not submit any User Content that you consider to be private or confidential.

6.2. We have the right to:

6.2.1. remove or refuse to make available through the App any User Content for any or no reason in our sole discretion;

6.2.2. remove and/or delete any user’s profile for any reason in our sole discretion;

6.2.3. take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these T&Cs, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for Downpour;

6.2.4. subject to our Privacy Policy, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, as necessary to comply with legal obligations and enforce these T&Cs;

6.2.5. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the App; and

6.2.6. terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these T&Cs.

6.3. Without limiting the foregoing, subject to the Privacy Policy and applicable law, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting User Content through the App.

6.4. To the extent permitted by applicable law, you waive and hold harmless Downpour and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by these parties or law enforcement authorities.

6.5. It is our policy in appropriate circumstances to disable and/or terminate the profiles of users who are repeat infringers.

7. OUR LIABILITY

7.1. Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in these T&Cs:

7.1.1. our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;

7.1.2. if a paid-for feature of an App (if applicable) is faulty when we deliver it to you, we will try to repair or replace it;

7.1.3. if we can't fix that fault within a reasonable time, or without significant inconvenience, you're entitled to all or some of your money back that you paid to use the App (where applicable); and

7.1.4. if, as a result of the fault, the App damages your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

7.2. Other than as mentioned above, our overall liability to you is limited to the price you paid to use the App or, where no price was paid, £10.

7.3. The App along with any updates, upgrades and any additional content are provided ‘as is’. That means we don't make any promises to you about the App other than that they will be of satisfactory quality, as described, and fit for purpose. We don't make any other promises about the App.

7.4. We'll use reasonable skill and care to provide the App, but can't guarantee there won't be any errors, bugs or interruptions to them, or that our App will not cause any problems with your device.

7.5. If we release a version of the App which is not yet complete, because we want to give you early access, then you'll need to bear in mind that it may have some errors, bugs or interruptions in accordance with clause 14 below.

7.6. Please do let us know straight away if you discover any problems with the App, so we are aware and can decide whether it is something we need to address in a future update (if there is a future update). You can contact us to let us know about any problems with the App the following email address [email protected].

7.7. Any views expressed in the App are the views of the authors and not of us, unless we expressly specify otherwise.

7.8. The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and all statements and/or opinions expressed in user generated content are solely the opinions and the responsibility of the user providing that content and do not necessarily reflect the opinion of Downpour App. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials, including User Content, by you or any other user of the App, or by anyone who may be informed of any of its contents.

8. PRIVACY

8.1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

9. Please take care when disclosing any information about yourself on or through our App. A known risk of the public internet is people not necessarily being who they say they are, or behaving in an unreliable, misleading or illegal way. We cannot control information you choose to provide to other users, where our App includes facilities for you to interact with others. We strongly recommend that you exercise caution, act sensibly and not disclose any information which you do not wish to have disseminated into the wider public internet. Any disclosures of your information by you to other users are made by you at your own risk. Once information is disclosed by you in this way, it may not be possible for us to prevent its dissemination over the public internet.

10. INTELLECTUAL PROPERTY

10.1. All intellectual property rights in the App throughout the world belong to us and our licensors, and the rights in the App are granted to you by way of a limited license (and are not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use the App in accordance with these T&Cs on the applicable platform / Store and device. Except as otherwise expressly provided in these T&Cs, all rights are reserved by us and our licensors.

10.2. When you submit, transfer, or otherwise make available User Content to us through the App, to the extent that such is not already licensed to us under the terms of the licence in the Downpour Engine (see clause 5.3.4) then you grant us and our affiliates and service providers a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable right and licence to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt and create derivative works of such User Content. The foregoing licence is for the limited purposes of allowing us to operate, improve and promote the App, and to develop new Apps.

11. STORE TERMS

11.1. The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent of in respect of using the iOS versions of the App:

11.1.1.You, and Downpour, acknowledge that these T&Cs are concluded between you and Downpour only, and not with Apple Inc. (‘Apple’), nor any subsidiary or affiliate company of Apple Inc., (‘Apple’). You also acknowledge that we are solely responsible for the App and the content therein.

11.1.2.Subject to your compliance with all conditions of these T&Cs we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to use one copy of the App for your personal, non-commercial use for gameplay on the compatible iOS product which you own or control, and as permitted by the usage terms and conditions set forth in the App Store Terms of Service (https://www.apple.com/uk/legal/sales-support).

11.1.3.We are solely responsible for providing support and maintenance for the App. You and Downpour acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

11.1.4.You acknowledge that Downpour, and not Apple, is responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to:

(a) product liability claims;

(b) any claim that the App fail to confirm to any applicable legal or regulatory requirement; and

11.1.5.You acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, then Downpour shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.

11.1.6.You confirm that:

(a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and

(b) you are not listed on any US Government list of prohibited or restricted parties.

11.1.7.You acknowledge and agree that Apple are third party beneficiaries of these T&Cs, and that when you accept the terms and conditions of these T&Cs, Apple will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary thereof.

11.2. The ways in which you can use the App may also be controlled by the relevant Store's terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of these T&Cs and the relevant Store's terms from which you purchased (where applicable) or installed the App, the Store's terms shall prevail to the extent of the conflict.

12. OPERATING SYSTEM AND DEVICE REQUIREMNENTS

12.1. The App requires a certain operating system version (or later) and a minimum amount of memory to use it. Please review the App-specific minimum requirements where these are made available to you in the App description / store page information to ensure that the App is compatible with your device.

13. TERMINATION AND SERVICE OUTAGE

13.1. We may temporarily discontinue any or all App and any and all services and content available through it at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.

13.2. We may end your rights to use the App at any time in the event that you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for the App, content or services in connection with the App and your rights have been terminated in accordance with this clause because of your breach of these T&Cs, we will not refund you.

13.3. We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you. This may happen, without limitation, because we choose to end the availability of the App. If your use of the App was provided to you free of charge, you will not be entitled to compensation in this event. If you paid for the App, content or services in connection with the App, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the paid-for App, we may offer you a partial or full refund.

13.4. Upon your deletion/uninstallation of the App or of particular pieces of User Content, or on termination of your profile, we will use commercially reasonable efforts to make the applicable User Content inaccessible and stop using it. Where required by the Privacy Policy, we will also delete your personal data, unless permitted or required to keep this data under applicable law. In any event, you acknowledge and agree that: (i) deleted User Content may persist in caches or backups for a reasonable period of time; and (ii) copies of or references to the User Content may not be entirely removed (e.g., where it has been reblogged or cross-posted by other users or third parties).

14. EARLY ACCESS

14.1. Where the App is made available to you as part of an alpha, beta or other early access programme you specifically agree, acknowledge and accept that:

14.1.1.The App is made available “as is” as work in progress and as part of an early access programme for evaluation and demonstration purposes only, in order to assess and evaluate its performance including the identification of any errors or defects.

14.1.2.The App may (and likely will) contain defects and/or errors.

14.1.3.The App may and probably will crash and / or cause data loss.

14.1.4.You use, download and install the App at your own risk, knowing that it is provided as is and with faults.

14.1.5.You are advised to back-up and otherwise safeguard all data and software on your computer and to not rely on the correct functioning or performance of the App.

14.1.6.You may have access to and be entrusted with confidential information and trade secrets relating to the App before it is made public, and about our business and plans. You will not divulge or communicate to any person, cause or facilitate any disclosure of, or make any use of, such confidential information without our prior written permission. This obligation shall survive termination of these T&Cs but shall not apply in respect of any information which has become available to the public generally other than through unauthorised disclosure.

15. GENERAL

15.1. These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.

15.2. We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don't use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the App(s) that rely on our ongoing online services then the new T&Cs will apply. Please check back at our website from time to time in case of updates to the T&Cs.

15.3. We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.

15.4. Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.

15.5. Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.6. These T&Cs are governed by English law and you can bring proceedings in respect of the App or these T&Cs in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there. For instance if you live in Scotland you can bring legal proceedings in respect of the App in either the Scottish or the English courts.

16. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION

16.1. Should you have any queries or complaints, please get in touch via the contact information set out above.

16.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

17. COMPANY AND CONTACT INFORMATION

In these T&Cs, ‘we’, ‘us’ and ‘our’ refers to:

Downpour Limited with the registered office at 16 Chartwood Place, Dorking, Surrey, RH4 2JY. We are a company registered in England, with company number 04282069.