App end-user licence agreement.
PLEASE READ CAREFULLY BEFORE DOWNLOADING AND USING THE APP.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and GLOFONE UK LIMITED VAT number 159642969 trading as glo glu™ (England and Wales company number 08254306) registered at St Philips Point, Temple Row, Birmingham, West Midlands B2 5AF (Licensor, us or we) for Roodymentary™ mobile application software (App).
We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore (i.e. ITunes or Google Play) (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.
Operating system requirements This App requires an IOS or Android device with a minimum of 512MB of memory. Internet access and the IOS 7.1+ or Android 4.4.2+ operating system. iTunes store account or android store account(s) is required for in-app purchasing.
The use of the App has to be approved and monitored by you as parent or guardian of any children using it.
If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading process now by clicking on the "Cancel" button below. In this case the downloading process will terminate. Otherwise, if you have downloaded the App, you must uninstall it.
As a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App. Any in App purchases (which include the Credits) are digital downloads and you agree to these being downloaded straightaway. As you will have downloaded the purchases before the 14 day cancellation period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you will not have the right to cancel the purchase and you agree to this.
However, you will lose the right to cancel the transaction once you begin to download the App.
This does not affect your consumer rights for an App that is defective.
While there is currently no charge to download the App itself, there are chargeable in App purchases.
Using the App
The App was developed to get parents and kids to play together. Children should always have parental approval and supervision whilst playing. Consider your child, their capabilities, the Playset they are playing, where they are playing and take appropriate precautions. To the extent permitted by law and other than where this has been caused by our negligence, we can’t be held responsible if they get injured or harmed while using the App.
The different Roody characters are not meant to be an impersonation of any individual and are only ‘fun’ based. There are almost 43,000 different Roody characters available to choose from once all Playsets have been completed.
You, as parent or guardian will be the main user. You will have the parent/master account and can download the App itself to your device free of charge.
As a parent/master with the App you can permit as many children (players) on to the App against that device and each player will have two free Playsets (Treasure Hunt & Spy).
Each player will have a separate profile, but it can only be used on the parent/master device and not on another device. Each player’s data is stored against the respective parent/master account. If device is lost or stolen, you will need to re-register on the new device with different credentials
Each player will get 2 free Playset’s containing 4 Activities each. If an Activity has been completed the user can play again, but after the first time it has been completed then 1 credit will be used each time. Once one Activity has been completed, each player can set up Roody, upload their image and create a free account.
Further Playsets can be purchased via a Credit system. The parent/master can allocate credits to each child under the ‘more’ section and the credits can be used to unlock Playsets only and these will be charged to the parent’s ITunes or Google Play account respectively. There is no time restraint on use of credits. Once applied to a Players account, they can be re-distributed to other players under the same parent/master account and managed at anytime. It is the responsibility of parent to keep their PIN code private. Any use under the PIN code will be your responsibility. You will tell us immediately if you believe the security of any account has been breached. You as a parent or control user can delete the profile of any player at any time and redistribute any credits that are associated to that player.
Players under the same parent/master account are automatically friends with each other. Further friending can be approved by you as parent/master via gloglu.com
Each player has a choice of ‘Normal or advanced’, once selected they can’t migrate to different level until completed. Once completed all of the Playsets as a normal user, Players can play again as an ‘Advanced’ user
Playsets will be charged in local currency including any relevant sales tax
You may print a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the App. The new terms may be displayed onscreen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in clause 2.2 (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2. Grant and scope of licence
2.2 You may download a copy of the App onto any number of devices, but a different account will be required for each one and to view, use and display the App on the Devices for your personal purposes only (and those of authorised players as set out above).
3. Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together Licence Restrictions.
4. Acceptable use restrictions
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service[, including the submission of any material] (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6. Limited warranty [and support]
6.1 We warrant that the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described and for a period of  from the date on which the App is downloaded to the Devices (Warranty Period).
6.2 The warranty does not apply:
(a) if the defect or fault in the App or any Service results from you having amended the App;
(b) if the defect or fault in the App results from you having used the App in contravention of the terms of this EULA;
(c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
6.3 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7. Limitation of liability
7.1 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.2 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in clause 7.3, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
7.3 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the greater of (i) £10 or (ii) the total amount paid by you for in App purchases. This does not apply to the types of loss set out in clause 7.4.
7.4 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
8.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
8.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
9. Communication between us
9.1 If you wish to contact us in writing, or if any clause in this EULA requires you to give us notice in writing, you can send this to us by e-mail to email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you have provided to us.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11. Other important terms
11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
11.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4 Each of the clauses of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
11.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
This agreement has been entered into on the date stated at the beginning of it.