Last Updated May 1 2009

Simon Games Limited ("We, Us, Our") maintains this website (the "website") as a service to you.  We are a private limited company registered in England and Wales with number 6673688 whose registered office is at The Barn, Etloe, Blakeney, Glos GL15 4AT.  

These terms of use ("Terms") govern your use of the website and apply to all persons visiting the website ("Visitors") and all persons who register as users (whether players or otherwise) on the website ("Users").  By accessing and/or using this website, you are expressly agreeing to comply with and be bound by these Terms. We've created these Terms to protect our Users and Visitors and to ensure that the website is safe and fun for everybody. If you do not accept these Terms you are not authorised to use the website and must leave the website immeditately.

We may revise and update these Terms at any time and will indicate at the top of the page when these terms were last revised; please periodically review the Terms. Your continued usage of the website indicates your agreement with any changes.

These Terms incorporate our Code of Conduct in paragraph 4 below ("Code of Conduct"), which sets out rules governing your activities on the website, and Simon Games' Privacy Statement, which tells you how we use your personal information.

Please review these Terms carefully, as they constitute a legally binding agreement between us and you and contain important provisions relating to your legal rights and obligations. In particular, your attention is drawn to sections 9 (Legal Disclaimer), 10 (Disclaimer of Warranties),  13 (Limitation of Liability) and 14 (Indemnity).

1.    Accessing the website

This website is only intended for use by people resident in the United Kingdom.  By using Our website, you provide an assurance that:

(a) You are legally capable of entering into binding contracts; and

(b) You are at least 18 years old;

(c) You are resident in the United Kingdom.

You may access the interactive section of the website if you have set up an account and registered a player name, log-in and password.

You are responsible for maintaining the confidentiality of your login ID and password (your "registration") and for all uses of your registration, whether or not authorised by you. If you think that somebody else knows your username and password you must tell Us immediately so that We can change your account details. Please contact Us using our contact us form  [link to contact form] if you believe your account is no longer secure.

We reserve the right at any time to block your account and restrict your access to the website. We are under no obligation to reactivate your account.

2.    Content on our Site and Chosen Third Party Sites

The website provides interactive areas, in which Users may post messages, photographs and other content (the "Interactive Areas"). You alone are responsible for the content and accuracy of any materials uploaded, published or displayed ("posted") by you on the website ("User Generated Content"), and the consequences of any such communications.  We will not be responsible or liable to any third party for any User Generated Content posted by you or any other Users on the website.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted or shared by you on or through the website will violate or infringe (i) the rights of any third party including copyright, trade mark, privacy, publicity or other personal or proprietary rights, or (ii) Our Code of Conduct.

Whenever you make use of a feature that allows you to post User Generated Content to the website, or to make contact with other Users of the website, you must comply with the standards set out in the Code of Conduct. You must ensure that any contribution will comply with the standards set out in the Code of Conduct and you will reimburse us for any losses, expenses or liabilities We incur as a result of you failing to comply with the Code of Conduct.

Any User Generated Content you post on the website will be automatically uploaded by Us to your personalised web pages on your preferred social networking sites notified by you in your profile on this website. Currently the available Third Party Social Networking Sites are facebook.com and twitter.com, but these may change from time to time ("Third Party Social Networking Sites"). We will notify You of any additional Third Party Social Networking Sites by amending these Terms.

You are only permitted to post material to the website that you have created or which you have permission to post. You confirm to us that: (i) you own the User Generated Content posted by you or otherwise have the right to sub-license such User Generated Content to us on the terms set out in these Terms; (ii) the posting of your User Generated Content on or through the website and the Third Party Social Networking Sites does not violate any applicable laws; (iii) if User Generated Content posted by you contains information relating to another person, you have the consent of that person for the information to be posted on the website and the Third Party Social Networking Sites; and (iv) you acknowledge that you are responsible for determining the purposes for which information relating to other people contained in User Generated Content posted by you is used.

In addition to complying with these Terms, you will have registered as a user of the Third Party Social Networking Sites.  You agree to comply with the terms of use of the Third Party Social Networking Sites and will ensure that the User Generated Content you post on this website will not breach the terms of use of the Third Party Social Networking Sites.

By submitting content, which shall include your player name as described in paragraph 1 above, to any Simon Games interactive area, including message boards, forums, and blogs you grant Us a royalty-free, perpetual, irrevocable, non-exclusive right and license to:

•    make copies of the User Generated Content to facilitate the posting and storage of the User Generated Content on the website and on the Third Party Social Networking Sites; and

•    adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) on or through the website and the Third Party Social Networking Sites worldwide and/or to incorporate the User Generated Content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content; and

•    use, modify, delete from or add to such User Generated Content for any purpose in connection with the website and the Third Party Social Networking Sites.  

You agree to make your User Generated Content available to other Users and Visitors without compensation to you.  You hereby grant each User and Visitor a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, distribute, prepare derivative works of and display your User Generated Content for any purpose in connection with the website and the Third Party Social Networking Sites.

We do not claim any ownership rights in User Generated Content. You will retain full ownership of all User Generated Content posted by you on the website.

You are responsible for making back-up copies of User Generated Content that you post to the website. We are not liable for any loss of or damage to User Generated Content.

We have the right to disclose your identity to any third party who is claiming that any User Generated Content posted to the website by you constitutes a violation of their intellectual property rights, or of their right to privacy.

3.    Submissions

You agree that when you provide information to us through the website, all that information will be true, accurate and complete in all respects and you agree to update us if the information you have provided changes in any way.  

4.    Code of Conduct

You are responsible for your activities on the website and for any content that you post on the website.  In consideration for being allowed to use theSimon Games interactive areas and the website, you agree to comply with this  paragraph 4 which governs the way in which you may use the website including the Simon Games interactive areas and interact with other Users and post content on the website.

The Simon Games website is a community. Users should respect the other participants in this community when making any posting of User Generated Content to the website including to the Simon Games interactive areas. Users are expected to conduct themselves in a respectful, appropriate way that encourages inclusion and cooperation.   This paragraph 4 sets out the rules which govern the posting of User Generated Content to the website and interaction with other Users and Visitors through the website. When you use the website you agree to abide by this Code of Conduct paragraph.

Prohibited Content

You must not post content that in our sole opinion:

•    is obscene, pornographic or sexually explicit;

•    depicts graphic or gratuitous violence;

•    makes threats of any kind or that intimidates, harasses, or bullies anyone;

•    is derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or otherwise objectionable;

•    is unlawful, infringing, deceptive, fraudulent, invasive of privacy or publicity rights;

•    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment;

•    encourages conduct that would violate or violates any law or advocates illegal activity;

•    harms anyone, including minors;

•    advertises or solicits business;

•    contains restricted or password only access pages or hidden pages or images;

•    promotes propaganda and/or symbols of organisations that are unconstitutional or illegal in your country; or

•    provides a link to any of the above.

Prohibited Activities

When using the website or any services available through the website, you must not:

•    solicit personal information from anyone under 18;

•    post any information (including photographs and videos) relating to another person without that person's consent;

•    harvest or collect email addresses or other contact information from other Users or Visitors for the purposes of sending unsolicited emails or other unsolicited communications;

•    send or make available any unsolicited or unauthorised advertising, promotional materials, "spam", "chain letters", "pyramid schemes" or any other form of solicitation;

•    use the website in any unlawful manner or in any way that could damage, disable, overburden or impair the website;

•    use automated scripts to collect information from or otherwise interact with the website;

•    register as more than one User or register as a User on behalf of another person or organisation;

•    impersonate any person or entity or misrepresent yourself in any way;

•    use or attempt to use another person's registration or create a false identity on the website;

•    abuse, threaten, intimidate or harass anybody;

•    engage in any predatory or stalking conduct;

•    use the website for any illegal or unauthorised purpose;

•    circumvent or modify, or attempt to circumvent or modify, any security technology or software that is part of the website; or

•    sell or otherwise transfer your User registration.

Such actions described in this paragraph 4 shall constitute a material breach of these Terms.  We reserve the right to delete from the website any postings or player names that violate the terms of this paragraph 4 and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators.  We may also terminate your registration as a User and block your access to the website.

5.    No Monitoring or Moderation

We will not monitor or moderate the User Generated Content on the website, as it is Your responsibility to ensure that Your User Generated Content complies with these Terms.

6.    Abuse Notifications

If You believe that any content on the website infringes any intellectual property rights of yours or any third party, or is otherwise contrary to the Code of Conduct, you may send a written notification of that alleged unlawful content ("Unlawful Content") to Us by following the procedure set out below:

•    You may contact Us with a written notification that (i) identifies, in sufficient detail, the Unlawful Content so that We can locate the Unlawful Content;

•    You must identify the URL or other specific location on the website that contains the Unlawful Content;

•    You must state why you believe the content to be Unlawful Content and, in the case of content that is alleged to infringe intellectual property rights, You must state the owner of that intellectual property;

•    You must provide Us with any assitance We may reasonably require in order to investigate Your notification (We will not cover any costs or expenses incurred by You when doing so);

•    You must include a statement from you that you have a good faith belief that the content is Unlawful Content and that the information You have provided in Your notification is true, accurate and complete in all respects;

•    You must provide Us with Your name, address, telephone number and email address; and

•    You must submit Your notification to Us using our contact form  [link to contact form].

You will also reimburse Us for any costs, claims, expenses, losses or other liabilities We may incur as a result of You misrepresenting content as Unlawful Content.

We reserve the right to remove or disable access to the Unlawful Content.  We reserve the right to notify the Third Party Social Networking Sites of any unlawful content notified to us.  We reserve the right to terminate the account of any person found to have posted Unlawful Content.

7.    Security

Simon Games Privacy Statement can be found as a stand alone document by following this link [link to privacy policy] or clicking the Simon Games Privacy Statement Link on the website.

We are committed to ensuring that your personal information is used properly and is kept securely.  We use technical and organisational security measures in order to protect the data We have under our control against accidental or intentional manipulation, loss, destruction or against access by unauthorised persons.

8.    Our Intellectual Property

As between you and Us, We are the owner of all intellectual property rights in the website (for the avoidance of doubt, this does not include the intellectual property rights in any User Generated Content). All such rights are reserved.

You are granted a limited licence to access and use the website and the website content for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You are not permitted to use any part of the materials on the website for commercial purposes.

The content of the website may not be distributed, modified, reproduced in whole or in part without our prior written permission, except that you are permitted to reproduce and display the content of the website (excluding any software code) solely for your personal use in connection with viewing the website and participating in the Simon Games interactive areas.

"Simon Games" and other marks used on the website are Our trade marks and may not be used without Our prior written permission. You may not use any meta tags or any other hidden text using Our names or trade marks without Our prior written permission.

9.    Legal disclaimer

User Generated Content, content, commentary, contributions and any other materials posted on the website are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or any User or Visitor to the website or any third party or by anyone who may be informed of any such material.  We do not warrant that We will verify the accuracy or completeness of any User Generated Content, content, commentary, contributions or any other materials posted on the website.  

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.  We are not responsible for any errors or omissions, or for the results obtained from the use of such information.

Mention of third party products, services, companies and websites on the website is for information purposes only and constitutes neither an endorsement nor a recommendation. Please note that all third party products must be ordered directly from the third party.

Please note: We may introduce at any time alterations in specification and equipment. All specifications shown may vary and may not be available in the UK.

10.    Disclaimer of Warranties

You expressly agree that use of the website is at your sole risk.

We make no warranty that the website will be uninterrupted, secure or error free. We will not be liable if for any reason the website is unavailable at any time or for any period. From time to time We may suspend or restrict access to the website in order to carry out repairs, maintenance or to introduce new facilities.  

11.    Links; Third Party Services; Promotional Messages

As a convenience to our Visitors and Users, We may provide links to third party websites.

The linked sites and the Third Party Social Networking Sites are not under our control, and We make no representations as to the quality, suitability, functionality or legality of the Third Party Social Networking Sites or any sites to which We may provide links. We accept no responsibility for theses sites or for any loss or damage that may arise from your use of them.

Our selection of the Third Party Social Networking Sites and content on the website implies no official endorsement by Us of other individuals or brands featured and vice versa.

12.    Viruses, Hacking and Other Offences

You must not misuse the website 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 website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of-service attack.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or on any website linked to it.

13.    Limitation of Liability

While We have taken care in preparing the contents of the website, We  shall not be liable for any loss or damage arising out of or in connection with your use of the website including, without limitation, indirect, or consequential loss or damage, loss of anticipated revenues, loss of busienss opportunuites, loss of goodwill, loss or corruption of data or damage to reputation resulting from (a) your use or your inability to use the website or (b) for the cost of procurement of substitute goods and services as a result of using the website or (c) resulting from any goods or services purchased or obtained or messages received or transactions entered into throughthe website or as a reuslt of your use of the website or (d) resulting from any reliance place on any information found on the website or (e) resulting from unauthorised access to or alteration of your transmissions or data.

Nothing in these Terms shall operate to limit or exclude our liability for death or personal injury caused by our negligence or for fraud (including, but not limited to, fraudulent misrepresentation) or for that which cannot lawfully be excluded.

14.    Indemnification

You agree to indemnify Us and keep Us indemnified  from and against all costs, claims, expenses (including reasonable legal and professional fees and expenses), losses, damages and other liabilities suffered or incurred by Us and arising out of or in connention with your use of the website, or any breach of these Terms or Simon Games Privacy Statement by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity save to the extent that any such costs, expenses, losses, damages or other liabilities were caused or contributed to by any negligence or breach of these Terms by Us.

15.    Termination

We may, at our sole discretion, immediately and without notice to you suspend or terminate (i) these Terms; (ii) your registration or ability to access the website and/or any other service provided to you by Us upon any breach by you of these Terms or upon your demonstration of conduct that We consider to be inappropriate.

You may terminate your registration as a User at any time by following the instructions in the "Update Profile" section of the Site.

We may terminate your registration as a User at any time for any or no reason, without prior notice or explanation and without liability.

If your registration as a User is terminated (whether by you or by Us), these Terms will remain in effect.

16.    Waiver

No delay or failure of Us to insist upon or enforce performance of any provision of the Terms or to exercise any right under the Terms will be deemed to be a waiver or in any way prejudice Our rights under these Terms.

17.    Assignment

We may subcontract or assign Our rights and obligations under these Terms at any time without prior consent.

You are not entitled to assign, sub-contract or otherwise dispose of any of your rights or obligations under these Terms without Our prior written consent.

We may at any time and without seeking your consent assign Our rights and obligations under these Terms to a third party (the "Transferee"). On condition that the Transferee undertakes for your benefit to perform with effect from the date of assignment all of Our obligations under these Terms, you shall accept such performance and shall release Us from any and all obligations and liability under these Terms arising on or after the date of assignment.

18.    Severance

If any provision in these Terms is declared void or unenforceable by any court or other body of competent jurisdiction, or is otherwise rendered so by any applicable law, such provision shall to the extent of such invalidity or unenforceability be deemed severable and all other provisions of these Terms not affected by such invalidity or unenforceability shall remain in full force and effect.

19.    Jurisdiction and Governing Law

These Terms shall be governed by and construed in accordance with the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

20.    Contact Us

If you have any questions about these Terms please contact us at Simon Games, Pervasive Media Studio, Leadworks, Anchor Square, Bristol BS1 5D or via the email form on this website