End User Licence Agreement - SYNAPSE
Updated: 28 September 2023
This End User Licence Agreement ("End User Licence Agreement") is a legal agreement between you and nDreams Limited, a company registered in England (company number 04362105) with its registered office at Spectrum Point, 279 Farnborough Road, Farnborough, Hampshire, United Kingdom, GU14 7LS ("nDreams", "we" or "us") applies to and governs your use of the game Synapse (including any updates, additional content and Virtual Items) ("Game") and any services nDreams makes available to you via the Game.
Please read the following carefully before purchasing, downloading, installing, copying or otherwise using the Game (including any Virtual Items). By doing any of the foregoing, you are agreeing to be bound by and become a party to this End User Licence Agreement and confirm you are either 18 years or older or have a parent’s or legal guardian’s consent to agree to this End User Licence Agreement.
If you do not agree to be bound by the terms of this End User Licence Agreement or are under 18 and do not have a parent’s or legal guardian’s consent to agree to this End User Licence Agreement, you are not authorised to purchase, download, install, copy or otherwise use the Game.
If you have any queries concerning this End User Licence Agreement, please contact us at legal@ndreams.com.
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1. GRANT AND SCOPE OF LICENCE
1.1 nDreams hereby grants to you a limited, non-exclusive, revocable right and licence to download, install and use the Game for your personal, non-commercial (except such commercial use permitted in clause 1.2 below) only on compatible devices that are owned by you, subject to the terms of this End User Licence Agreement. The foregoing licence applies to Virtual Items where applicable and whether made freely available or purchased.
1.2 Subject to complying with the terms of this End User Licence Agreement, you are permitted to:
1.2.1 record and share screenshots and videos of gameplay as part of playing the Game;
1.2.2 broadcast yourself playing the Game (known as 'streaming') on third party sites and platforms (such as on Twitch and YouTube) but excluding those websites, sites or platforms typically used for or associated with adult-only content (such as OnlyFans); and
1.2.3 include adverts in videos and 'streams' of your gameplay and monetise such content as long as such content does not create the impression of any association, connection or endorsement of you with or by nDreams.
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2. RESTRICTIONS
2.1 To use the Game you must be:
2.1.1 of an age which meets the minimum age certification requirement of the Game in the territory you are in (where applicable); and
2.1.2 over the age of 13 years.
2.2 By using the Game you therefore confirm that you are over 13 years of age and, where you are under 18, you confirm that you have your parent’s or legal guardian’s consent. Parents and legal guardians are responsible for the acts of children under 18 years of age when using the Game.
2.3 You must not do, and not permit, encourage or procure others directly or indirectly to do, any of the following with the Game except to the extent expressly permitted by this End User Licence Agreement:
2.3.1 sell, copy (except where copying is incidental to normal use of the Game), reproduce, translate, communicate, publish, distribute, rent, loan, sub-license, modify, adapt, merge, derive source code from, reverse engineer, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way (except in accordance with clause 1.2 above);
2.3.2 engage in any act that nDreams deems to be in conflict with the spirit or intent of the Game including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
2.3.3 attempt to gain unauthorised access to the Game or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by nDreams (or its licensors) or bypass or seek to bypass any security or technical measures relating to the Game;
2.3.4 remove, alter or obscure any copyright or trade mark notices displayed in the Game; and
2.3.5 use the Game for any illegal, immoral or unethical purposes.
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3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge and agree that all right, title, interest and ownership rights and any and all copyright and related rights, rights in designs, database rights, patents and any rights to inventions, know-how, trade secrets, rights to use and protect the confidentiality of confidential information, trade and business names, and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Game (including without limitation Virtual Items) and each part thereof (including without limitation any titles, code, themes, objects, concepts, characters, storylines, catch phrases, artworks, animations, audio-visual effects, sounds, musical compositions, recordings and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Game (including without limitation Virtual Items) are owned by, belong to and vest in nDreams and its licensors.
3.2 You acknowledge that rights in the Game is licensed (not sold) to you and the license granted to you by clause 1.1 above confers no title or ownership in the Game.
3.3 The Game (including without limitation Virtual Items) may contain certain licensed materials licensed to nDreams by third parties or its licensors. All such Intellectual Property Rights are the property of their respective owners.
3.4 The Game and/or Virtual Items may include Intellectual Property Rights or references relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party or the Game states otherwise, we do not represent that nDreams and/or the Game has a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third-party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law.
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4. YOUR FEEDBACK
Any information (such as ideas, improvements, submissions, suggestions, comments, posts, questions and any other materials) provided by you to nDreams or otherwise created by you relating to the Game through any form of communication whatsoever (including, but not limited to, verbally to nDreams' employees, posts on or in direct messages submitted via social media platforms (including, but not limited to, Instagram, Twitter, Facebook) or social networks (including, but not limited to, Reddit), reviews of the Game, by email or via a messaging platform) ("Feedback") will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in and to the Feedback, and you agree nDreams is free to use, without any attribution or compensation to you, all Intellectual Property Rights contained in the Feedback. Where the foregoing assignment is prohibited by law or ineffective or otherwise the Feedback is unassignable, you hereby grant us an exclusive, worldwide, royalty-free, fully paid up, perpetual, irrevocable, transferable license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obliged to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
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5. VIRTUAL ITEMS
5.1 As part of and to enhance your use and enjoyment of the Game you may be able to obtain additional features and digital content that form part of the experience of the Game ("Virtual Items").
5.2 Virtual Items are gameplay features of the Game, are not your private property, have no cash or real world value, are not redeemable or exchangeable for anything with a real world value and can be used as part of the Game only, in accordance with this End User Licence Agreement.
5.3 Purchases of Virtual Items are subject to this End User Licence Agreement and the terms of any third party app or platform store through which your purchase is made. Purchases are made via permitted third party stores or platforms and not via nDreams. To the extent that this End User Licence Agreement conflicts with such agreement between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the third party store or platform store shall prevail.
5.4 Without limiting Game and Virtual Item purchases from nDreams’ permitted stores, it is a condition and fundamental term of this End User Licence Agreement and your use of the Game that you must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Virtual Item outside of the Game (such as on unauthorised item trading sites) or in any way other than as expressly provided above. Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of the Game only and where that functionality is made available by nDreams.
5.5 When you, or anyone using your device, submits a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
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6. CHANGES OR DISRUPTION TO THE GAME
6.1 We may:
6.1.1. alter the Game and the services we offer or make available to you and/or choose to modify, suspend or discontinue Game at any time, with or without notice;
6.1.2. manage, vary, regulate, control, modify, replace, discontinue or eliminate Virtual Items in our sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so); and
6.1.3 temporarily discontinue the Game or any Virtual Item, 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.
6.2 nDreams shall have no liability to you or any third party in the event that nDreams exercises its rights under clause 6.1.
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7. Data
7.1 Please be aware that any personal data you supply to us when using the Game is subject to our Privacy Notice for Synapse, which is incorporated by reference herein. Please read our Privacy Notice for Synapse for information regarding our processing of your personal data.
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8. DEVICE AND INTERNET REQUIREMENTS
8.1 You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system capabilities and memory in order to, as each are applicable, download, install, play and store the Game (and where applicable, Virtual Items).
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9. PLAYER SAFETY
9.1 You acknowledge and agree that you are responsible for your safety whilst playing the Game. Prior to playing the Game, you must ensure that:
9.1.1 you have a designated safe and appropriate playing area and any obstacles, fragile objects, or hazards that could cause harm during gameplay are cleared or removed;
9.1.2 you create clear boundaries for any playing area, take care to mark or visually establish limits to prevent accidental collisions with people, walls, furniture, or other objects and all players remains within the boundaries at all times during gameplay;
9.1.3 ensure that your virtual reality headset and any associated equipment (such as controllers or tracking devices) are securely fastened and properly adjusted, and verify that all connections are secure and functioning correctly;
9.1.4 if you or any other player have any pre-existing medical conditions (including but not limited to heart problems, epilepsy, or other conditions related to physical exertion), consult with a qualified doctor prior to playing the Game;
9.1.5 individuals under the age of 18 or those players who require supervision are monitored by a responsible adult whilst playing the Game;
9.1.6 you cease playing the Game immediately if you experience any discomfort, dizziness, sickness, disorientation, or any other adverse effects resulting from or arising from playing the Game;
9.1.7 you take regular breaks to avoid physical strain or fatigue-related injuries; and
9.1.8 you have carefully considered the appropriateness of the Game and have reviewed all warnings, age ratings, disclaimers, recommended playing styles and comfort ratings prior to playing the Game as virtual reality games create immersive experiences that can be intense, frightening, violent and/or create anxiety, any of which may cause your body to react as if it were real.
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10. TERMINATION
10.1 We may terminate this End User Licence Agreement if you fail to abide by any of the terms and conditions of this End User Licence Agreement at any time and for any reason, or if we reasonably suspect that you have failed to abide by any of the terms and conditions of this End User Licence Agreement. We may take any action we deem reasonable in our sole discretion against users who do not comply with the terms of this End User Licence Agreement, which may include banning users. We reserve the right to determine what conduct we consider to be in violation of, or otherwise outside the intent or spirit of, this End User Licence Agreement.
10.2 Following termination of this End User Licence Agreement for the Game:
10.2.1 all rights granted to you under this End User Licence Agreement shall immediately cease;
10.2.2 you are no longer permitted to use the Game or the Virtual Items in connection therewith;
10.2.3 you are required to delete or remove the Game from your devices immediately; and
10.2.4 where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Game user account (where applicable) may thereafter be deleted and/or become inaccessible.
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11. DISCLAIMER OF WARRANTY
11.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE GAME IS PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY, PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, QUALITY, SATISFACTION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE IS AT YOUR SOLE RISK. NDREAMS DOES NOT WARRANT THAT THE GAME WILL BE ERROR-FREE, OR THAT THE GAME WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER GAME OR THAT ANY ERRORS IN THE GAME WILL BE CORRECTED.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE GAME WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE GAME. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE GAME AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
11.3 YOU ACKNOWLEDGE AND AGREE THAT THE GAME HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE GAME MEETS YOUR REQUIREMENTS.
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12. LIMITATION OF LIABILITY
12.1 SUBJECT TO CLAUSE 12.3, NDREAMS SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO PROPERTY OR PERSONS, OR ANY AND ALL OTHER DAMAGES OR LOSSES. NDREAMS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL NDREAMS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
12.2 SUBJECT TO CLAUSE 12.3, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY WILL BE LIMITED TO THE GREATER OF: (i) THE PRICE YOU PAID FOR THE GAME; OR (ii) THE AMOUNTS PAID BY YOU TO NDREAMS DURING THE 12 MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING INCLUDING IN RESPECT OF VIRTUAL ITEMS; AND
12.3 Nothing in this End User Licence Agreement shall limit or exclude nDreams' liability for (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English law.
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13. INDEMNITY
13.1 You hereby indemnify (agree to compensate), and agree to defend and hold nDreams and nDreams’ affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, damages, claims, costs and expenses (including legal expenses and lawyers’ fees) incurred by the Indemnified Parties in connection with (i) any claim arising out of any breach by you of this End User Licence Agreement; (ii) claims arising directly or indirectly from your use or misuse of the Game (which also includes Virtual Items); (iii) any negligent or improper use of your device, password and username; and (iv) any use otherwise than in accordance with the terms of this End User Licence Agreement. You shall fully cooperate with nDreams in the defence of any such claim and nDreams reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
13.2 nDreams' licensors shall be third-party beneficiaries under this End User Licence Agreement and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.
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14. THIRD PARTY TERMS
14.1 Should you purchase or play the Game via any platform and/or store (such as the Sony PlayStation Store or the Oculus Store), you agree to that specific platform and/or store’s terms of use. Additionally, the terms of this clause relevant to the platform/store on which you purchase or play the Game shall apply to you. In case of conflict between the terms of such platform/store and the terms of this End User Licence Agreement, the terms of such platform/store shall prevail over the terms of this End User Licence Agreement.
14.2 Sony PlayStation End User Licence
14.2.1 For end-users that have purchased the Game and/or any Virtual Items through the PlayStation™ Store in Europe, any content purchased in an in-game store may be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to the PlayStation™ Network Terms of Service and User Agreement which is available on the PlayStation™ Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the Game.
14.2.2 For end-users that have purchased the Game and/or any Virtual Items through the PlayStation™ Store in North America, this online service has been sublicensed to you by Sony Interactive Entertainment America.
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15. REFUNDS
15.1 Where you purchase the Game and/or Virtual Items from a digital store or platform (such as the PlayStation™ Store) and you require a refund, that third party store may allow you to receive a refund in some circumstances. You should contact the third party through which you made a purchase, where applicable, in the event that you require a refund.
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16. GENERAL
16.1 This End User Licence Agreement constitutes the entire agreement between nDreams and you in respect of its subject matter and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and us related to the Game. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this End User Licence Agreement.
16.2 We may change, update, add or remove the terms of this End User Licence Agreement from time to time for any reason by posting the updated version to our website https://ndreams.com/. Unless stated otherwise, any change to the terms of the End User Licence Agreement shall take effect immediately. Changes to the End User Licence Agreement take effect only where they are permitted by law and made available to you for your agreement. Every time you launch the Game on your device, install or otherwise use the Game or purchase the Game or Virtual Items you are deemed to have accepted the latest version of this End User Licence Agreement in place at that time. Please check our website https://ndreams.com/ for any updates to the End User Licence Agreement.
16.3 This End User Licence Agreement is drafted in the English language and may be translated into other languages. The English language version of this End User Licence Agreement shall prevail if there is a conflict or inconsistency or clarification required with other language versions.
16.4 In the event we delay in enforcing this End User Licence Agreement and/or our rights, we can still enforce this End User Licence Agreement and/or our rights later. If we do not insist immediately that you do anything you are required to do under this End User Licence Agreement, or if we delay in taking steps against you in respect of your breaking of any term of this End User Licence Agreement, 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.
16.5 We may transfer our rights and obligations under this End User Licence Agreement to another organisation (such as, without limitation, in the event of a business restructure or acquisition). You may not transfer your rights or obligations under this End User Licence Agreement unless we expressly agree to the transfer in writing.
16.6 Except where expressly stated to the contrary in this End User Licence Agreement, this End User Licence Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this End User Licence Agreement.
16.7 In the event that any provision of this End User Licence Agreement (including, without limitation, any restriction) shall be held jurisdiction to be illegal, invalid or unenforceable by a court or other tribunal of competent, such provision will be interpreted in such a way as to ensure it is enforced to the maximum extent permissible in a manner reflecting the parties' intentions and the remaining portions of this End User Licence Agreement shall, in any event, remain in full force and effect.
16.8 This End User Licence Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.