Introduction
These terms of use (Terms) set out the relationship between you and Qola Qube (“us” or “we”) regarding your use of our games and services.
Services means services offered by us and includes our games, websites and related services.
By downloading, playing or accessing our Services you agree to these Terms. You agree that the Privacy Policy form part of these Terms.
Please read these Terms. If you do not understand these Terms, or do not accept any part of them, then you should not use or purchase the Services. By installing, using or accessing our Services you accept our Terms and Privacy Policy.
If a child wishes to use our Services, the child’s legal guardian agrees to these Terms as a precondition to the child’s use.
You can access these Terms at any time at qolaqube.com. We reserve the right, at our sole discretion, to change, modify, add or remove portions of our Terms and Privacy Policy by posting the amended terms at qolaqube.com Your continued use of our Services confirms your acceptance of the updated Terms and Privacy Policy .
Right To Use Our Services
- Subject to these Terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our Services for your own personal, non-commercial, entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with these Terms.
- Except as set out in clause 2.2 above, you do not receive any other license and we retain all right, title and interest in and to the Services. This means we own at all times all copyright, trade marks, code, software, characters, themes, character names, game names, storylines, dialogue, settings, artwork, sounds effects, music, in-app items, gameplay recordings, titles, and any and all rights in, or derived from, the Services. Where applicable some artwork or sounds may have been licensed by a third-party. The Services must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld in our sole discretion.
- The licence ends on the earlier of your disposal of the Services or our termination of the licence in accordance with these Terms.
Virtual items
- Our Services may include Virtual Items. These items can be earned through gameplay or “purchased” with legal currency.
- You agree that Virtual Items only exist within our Services and can never be exchanged for real money, real goods or real services from us or anyone else. You do not own Virtual Items but instead you purchase a limited personal revocable licence to use them. Any balance of Virtual Items does not reflect any stored value.
- We reserve the right to control, regulate, change or remove any Virtual Items without notice and without any liability to you.
- You are not entitled to bring any Claims in respect of, and do not suffer, any Loss as a result of any “loss” of or “damage” to your Virtual Items. To the full extent permitted by law, we will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.
- If we suspend or terminate your Account due to your breach of these Terms you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.
Your Obligation
- You will not:
- rent, lease, lend, sell, transfer, redistribute or sublicense our Services, or make our Services available over a network where it could be used by multiple Devices at the same time. If you sell or otherwise dispose of, transfer or assign any Devices containing our Services, you must remove any copies of our Services before doing so;
- use or promote the use of any form of cheats, modifications, exploits or other unauthorised means to interfere with, or gain undue advantage in your use of, our Services;
- use the Services for any commercial purpose without our prior written connect. Without limiting the foregoing you must not make our Services available for public use such as in a games arcade, use our Services within your own products or content such as in television programmes or films, use our Services in advertising, solicitation or transmission of any commercial advertisements in any way;
- attempt to disrupt or burden the normal operation of our Services, or any of our infrastructure or any of our other business activities;
- attempt to gain unauthorised access to our Services;
- make any automated use of our Services;
- impersonate any other person in your use of our Services;
- post another person’s personal information or data through our Services without that person’s consent;
- use our services to distribute any information, content or materials
- 10.attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- use our Services to harass, abuse, threaten or harm another person or to attempt to, or incite another, to harass, abuse or harm another person or group;
- 12.copy, distribute, make available to the public or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing;
- 13.use our Services to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, our Services or other users; or
- 14.use our Services in connection with the actual or attempted contravention of any laws.
- rent, lease, lend, sell, transfer, redistribute or sublicense our Services, or make our Services available over a network where it could be used by multiple Devices at the same time. If you sell or otherwise dispose of, transfer or assign any Devices containing our Services, you must remove any copies of our Services before doing so;
- You are responsible for ensuring that your installation and use of our Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
- You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including but not limited to the Apple iOS App Store, the Google Play Store and the Amazon App Store.
- You must comply with any applicable third party terms of agreement when using our Services, such as Facebook’s terms of use.
- Information that you provide to us must be true, accurate and complete at all times.
- To use our Services you must:
- not be located in a country that is subject to an embargo by the government of the United States of America or the Commonwealth of Australia;
- not be included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia; and
- comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and using our Services.
Intellectual property
- You agree that all Intellectual Property relating to our Services is owned by or licenced by us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our Services.
- Our Services may allow you to create User Content. To the extent that any User Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant us a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable licence to use, exploit or modify your User Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your User Content.
Accounts and Login
- Certain parts of our Services may enable you to create an Account or otherwise login to the Services. Where you do so you must take reasonable steps to protect your log in details and keep them secret. You are responsible for all activities performed using your Account whether the access is authorised by you or not. We will assume anyone using your Account has your permission to do so.
Third Party Services
- Third party services may be used when you:
- purchase, install or update our Services, including but not limited to digital storefronts such as the Apple iOS App Store, Google Play Store, Amazon App Store; and
- use our Services, including but not limited to gameplay recording and sharing, social media connectivity and the like.
- purchase, install or update our Services, including but not limited to digital storefronts such as the Apple iOS App Store, Google Play Store, Amazon App Store; and
- These third party services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. We are not liable for the activities of any such third parties.
- Our Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You understand that:
- links to third party content or services are not endorsements, approvals or recommendations by us of the third parties, or of any content or services provided by them;
- your use of any third party content or services may be subject to separate terms and conditions; and
- when you provide data to third parties you are providing it in accordance with their privacy policy (if any) and our Privacy Policy does not apply in relation to that data.
Advertising
- You understand that:
- our Services may feature advertisements from us and/or third parties;
- we may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that that Service will be an advertising-free Service;
- we are not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view those third party websites and materials at your sole risk; and
- we provide information to third party advertisers in accordance with our Privacy Policy.
- our Services may feature advertisements from us and/or third parties;
Termination Of Account Or Services
- We reserve the right to limit, suspend, terminate, modify or delete your Account or your access to our Services or portions of our Services (including User Content) if you, or we suspect that you are, failing to comply with any of these Terms, our Privacy Policy or our House Rules or for any actual or suspected illegal or improper use of our Services, with or without notice to you.
- If we terminate your Account, other than for inactivity, you must not access any other Accounts, or create any further Accounts.
- We reserve the right to delete your Account if no activity is conducted by you in relation to the Account for 180 or more days. If your Account is deleted for this reason, you will no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
- You understand that if you delete your Account, or if we delete your Account in accordance with these Terms, you may lose access to any data previously associated with your Account (including, without limitation, the level or score you have reached in our Services and any Virtual Items associated with your Account).
- Upon termination, you must destroy any remaining copies of our Services and any associated documentation or otherwise return or dispose of such material as we direct.
- You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
If you have any questions about these Terms please contact us on
Qola Qube – Unit 93268,PO Box 6945, London, W1A 6US
