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Plain Sight Beta Test

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Terms and Conditions of Use

BEATNIK GAMES LTD TERMS AND CONDITIONS AND BETA TEST END USER LICENSE AGREEMENT

By viewing or accessing Beatnik Games Limited’s PlainSightGame.com or BeatnikGames.co.uk website, and/or using any Beatnik Games Ltd, software, applications, products or services you expressly agree to the following Terms and Conditions detailed below.
Your use of Beatnik Games Ltd’s Plainsightgame.com or beatnikgames.co.uk website and/or use of Beatnik Games Ltd games, software, applications, products or services signifies your acceptance of these Terms and Conditions and constitutes a legally binding acceptance of this agreement. If you do not agree to these conditions you are not allowed to access or use Beatnik Games Limited’s websites, games. Software, applications, products or services. Beatnik Games Limited reserves the right to modify, alter and update the content of these Terms and Conditions at anytime.

Although Beatnik Games Limited attempts to ensure that all information contained on this website is error-free, we accept no liability for omissions, and reserve the right to change or alter the content of the site at anytime. Beatnik Games Limited does not make any warranty that the website is free from infection from viruses; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BEATNIK GAMES LIMITED OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BEATNIK GAMES LIMTED’S PLAINSIGHTGAME.COM OR BEATNIKGAMES.CO.UK WEB SITES, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF BEATNIK GAMES LIMITED WEBITES AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.

Advertisments
Beatnik Games Limited accepts no responsibility for any third party advertisements that may appear on Beatnik Games Limited websites.

Online Purchases
We are not liable for errors in pricing at our online products. If a product was not priced properly as determined by Beatnik Game ltd., Beatnik Games Ltd. has the right to correct the price on any previously placed orders and re-price the product or refund any purchases on the product.
Your debit/credit card account will be billed as ‘Beatnik Games’.
A payment is authorized immediately and collected in 3 working days.
Purchases support email address: noreply@beatnikgames.co.uk
Purchases mailing address: Beatnik Games Ltd, 304 Southbank House, Black Prince Road, London, SE1 7SJ

Disclaimer Regarding Third Party Games, Applications or services
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY GAME, APPLICATION OR SERVICE THAT MAY BE ACCESED VIA BEATNIKGAMES.CO.UK OR PLAINSIGHTGAME.COM, IS BEING PROVIDED TO YOU BY A THIRD PARTY PROVIDER AND NOT BY BEATNIK GAMES LIMITED. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE MAY ALSO BE GOVERNED BY SUCH THIRD PARTY GAME, APPLICATION OR SERVICE PROVIDER'S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENT. LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH THIRD PARTY GAMES, APPLICATIONS OR SERVICES OR YOUR USE THEREOF.

Links
Beatnik Games Limited accepts no responsibility for the links to or from PlainSightGame.com and the inclusion of these links does not mean that Beatnik Games Limited endorses the material or content of these sites.

User Rules
Users may be banned or accounts suspended or terminated on the entire PlainSightGame.com website if users use inappropriate langauge or inappropriate behavior as determined by Beatnik Games Ltd. Inappropriate langauge and/or inappropriate behavior is not allowed on Beatnik Games Ltd websites. Beatnik Games Ltd is not responsible for user content, postings, chat, and/or communications. Users are responsible for their own actions.
You agree not to do any of the following:

Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the service as determined by Beatnik Games Ltd.
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Beatnik Games Ltd website or service in violation of the law.
Jurisdiction
The laws of the United Kingdom govern this agreement, without giving effect to conflict of laws provisions. The courts of the United Kingdom have exclusive jurisdiction over all disputes relating to or arising from the execution or performance of this agreement unless Beatnik Games Limted wishes to initiate legal proceedings in your home legal district. In all judicial actions, arbitrations, or disputes resolution methods, the parties waive any punitive damages.

BEATNIK GAMES LTD PRIVACY POLICY

Beatnik Games Ltd is committed to providing an entertaining, fun and educational service. Plainsightgame.com and beatnikgames.co.uk is a property of Beatnik Games Ltd "Beatnik Games". Beatnik Games Ltd respects the privacy concerns of visitors to plainsightgame.com and beatnikgames.co.uk.

Information we collect
We may log IP addresses and/or drop cookies to prevent abuse of our website and/or to enhance services.

Security
We have implemented appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

Internet Safety
Beatnik Games Ltd recommends that Parents take time to communicate and educate their children about Internet Safety.

BEATNIK GAMES LTD CONTENT POSTING/SUBMISSIONS POLICY

By submitting/posting any Content, such as but not limited to audition, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials, you hereby grant to Beatnik Games Limited, a non-exclusive, royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through Beatnik Games limited services and the plainsightgame.com beatnikgames.co.uk website or any other medium.

Beta Test / End User License Agreement (EULA)

END USER LICENSE AND WARRANTY AGREEMENT ISSUED BY BEATNIK GAMES LIMITED (“Beatnik”).

PLEASE READ THE FOLLOWING END USER LICENSE AND WARRANTY AGREEMENT (“EULA”) CAREFULLY BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR INSTALL THE SOFTWARE.

This software program (the "Program") is the copyright work of Beatnik, its subsidiaries, licensors and/or its suppliers. All use of the Program is governed by the terms of this EULA. The Program is solely for use by end users according to the terms of this EULA. Any use, reproduction or redistribution of the Program not in accordance with the terms of this EULA is expressly prohibited.

Scope

You may:

Install and use this Program for personal, non commercial, evaluation purposes only;

You must not:

use, copy, transfer or distribute this Program or part of it except as expressly permitted by this Licence;
modify, adapt, merge, translate, decompile, disassemble, or reverse engineer this Program;
remove, modify, or tamper with any copyright, trademark or other notice;
use this Program for any illegal, unlawful or immoral purposes.
make public or disclose your www.plainsightgame.com account details to anyone else

Term

This Licence will end automatically if you breach any of the terms.
When this Licence ends you must stop all use of this Program and destroy and erase any copies you have.

Liability

You acknowledge that the Program is made available for evaluation and demonstration purposes only.
Beatnik does not warrant that the operation of this Program will be uninterrupted or error free or that errors can be corrected.
You install and use this Program at your own risk and in no event will Beatnik be liable to you for any loss or damage of any kind including lost profits or other consequential loss arising from the use of or inability to use this Program or from errors or deficiencies in it whether caused by negligence or otherwise (except personal injury or death arising from Beatnik’s negligence).
To the maximum extent permitted by law, Beatnik Limited excludes liability for all warranties, conditions and other terms which but for this notice would have effect.

General

All copyright and other intellectual property rights in this Program belong to and vest in Beatnik. “Plainsight” and "Beatnik” are trade marks of Beatnik. All rights of Beatnik are hereby asserted and reserved.
All other trade marks are the property of their respective owners.
Beatnik makes no warranty or representation in respect of and has no responsibility and excludes all liability for third party material, content or communications made available using or through the Program.
The rights granted in this licence are non-exclusive.
This licence does not affect your statutory rights as a consumer.
This Licence is governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.

ACCEPT Terms and Conditions. If Beta Test has been applied for, ACCEPT Beta Test End User License Agreement.

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