www.lightseekers.com, www.playfusion.com, www.lightseekers.cards, www.warhammerchampions.com and related websites (the “Sites”) are owned and/or operated by PlayFusion Limited, a company registered in England and Wales (registered number 9413757). Our registered office is at St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS. Through the Sites and through certain other third-party channels, we operate and offer certain games and products, such as the “Lightseekers Awakening” multiplayer online role player game, the “Lightseekers Digital and Physical Collectible Card Game”, and the “Warhammer Champions Digital and Physical Collectible Card Game(s)” and Community Forum (the “Services”), together with certain interactive Smart Figures and Card Game(s) (the “Materials”).
General Information On Site(s), Services, Materials And These Terms
Please read these terms and Conditions (the “Terms and Conditions”) carefully before using the Sites and/or Services. By using the Sites and/or Services, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to any part of these terms, you may not use the Sites and/or Services.
We may amend these Terms and Conditions and any documents referred to in them from time to time. Any changed or revised terms will be effective and binding when published. You agree to check the Sites and Services regularly for such updates and changes. If you do not agree to any such changes, your sole remedy shall be to not use the Sites or the Services.
We do not guarantee that the Sites or Services, or any content on them, will always be available, uninterrupted or error free. We may suspend or withdraw access to the Sites and/or Services at any time, or withdraw or restrict availability to one or more parts of the Sites or Services, for any or no reason. We may also restrict an individual user or class of users from accessing the Sites and/or Services at any time.
You agree that you shall not misuse the Sites or Services and you shall not introduce viruses, trojans, worms, logic bombs or other malware to the Sites or Services. You agree that you shall not attempt to gain unauthorised access to the Sites or Services, or areas of them, or which are linked to them.
You must not use our name, websites, product name, or logo, in any way that suggests any association, endorsement, or approval from or by us.
The Sites and Services are subject to certain Rules and guidance, which are incorporated into these terms by reference. You must comply with the current version of any rules, guidelines, codes of conduct or instructions posted on or in connection with the Sites, Services or Materials. Use of the Sites, Services, or Materials in violation of any Rules, guidelines or codes of conduct exceeds the scope of the licence granted to you by us and is prohibited. Any violation of the Rules may also result in the interruption, suspension, or termination of your account, in our sole discretion.
Registration And Your Account
To access the Site and Services, you may be required to set up an account or utilize your existing account login details from a third-party site or service. You may be asked to choose a username or screen name. Where this happens, you must not choose a username that infringes the rights of any third party, impersonates PlayFusion staff or other users, or which is deliberately confusing, offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate or a breach of our Rules.
We may disable any account you have created for the Sites and/or Services, or delete any information you have provided to us, as we determine appropriate in our sole discretion.
PlayFusion Sites and Services have age restrictions which prevent users under 13 creating an account. We do not knowingly collect or store any personally identifiable information from children under 13. If we find out that any personally identifiable information we have collected is from someone under 13, we will automatically delete it, and we may suspend or terminate the account.
Notwithstanding anything else herein, if we are told by a parent/guardian that their child has lied about their age when registering for the Sites and/or Services, we will terminate the account, provided we have information which satisfies us that the reporting person is indeed the parent or guardian of that child.
Ownership Of Content
We are the owner (or licensee) of the Sites, Services and Materials, and all information published on or contained in the Sites, Services and Materials, including, without limitation, software, graphics, sounds, images, music, characters, and items. The Sites, Services and Materials are protected by, amongst other things, copyright laws and treaties around the world. We fully reserve all our rights relating to all content on the Sites, Services and in the Materials. You are permitted to use those elements of the Sites, Services, and Materials that we make available to you for personal non-commercial purposes only. You may use the Sites, Services and Materials solely for your personal use and enjoyment in accordance with these Terms and Conditions, and may not edit, reproduce, copy, perform, reverse engineer, or make any other unauthorized or commercial use of any content on the Sites, Services, or Materials.
Third Party Sites
User Generated Content
The Sites and/or Services include certain places, such as the forums, where users may upload their own content. If you use these portions of the Sites and/or Services to upload your own content, you agree to abide by the Rules and to comply with all applicable laws.
We are not liable for content which is uploaded by users of the Sites and/or Services, and do not review or verify it before it is put on the Sites and/or Services. The views expressed by users are not ours, and do not represent our views or values.
You will hold us harmless for any breach of these Rules and any laws by you. Accordingly, you will be responsible for any loss or damage we suffer as a result of your breach of this principle or the Rules.
Anything you upload to the Sites and/or Services will be considered non-confidential. By uploading content to the Sites and/or Services you are granting us a non-exclusive, perpetual, sub-licensable, irrevocable, royalty free worldwide right and licence to use and/or modify such materials as we see fit, free from any restriction or qualification. You waive any ‘moral rights’ in any such materials to the fullest extent permitted by law.
You should back up or save anything you upload, as we may not.
If you wish to notify us of any allegedly defamatory statement contained on the Sites and/or Services or you believe that material has been posted on ther Sites and/or Services in a way that constitutes infringement of your intellectual property rights, please write to our registered office with the following supporting details:
- Your contact details, including your full name, player name (if applicable), your postal address, telephone number and email address.
- The full details of the material complained about and the reasons for the complaint.
- The exact and full location/place where you found the material.
- If the request relates to copyright, provide proof that you are the rights holder.
Please mark the letter for the attention of the “Legal Team” and ensure the letter is signed and dated.
You have the ability to remove certain content you upload yourself through features we make available on the Sites and/or Services, or restrict the content you see or have access to. If you would like assistance with this, please let us know at the contact us details provided herein.
Intellectual Property Rights
We grant you a limited, revocable, personal, non-exclusive, non-assignable, non-sublicensable right and licence to use the Sites, Services and/or Materials, solely for your own non-commercial purposes.
“PlayFusion”, the PlayFusion Logo and “Lightseekers”, and related rights in and to products PlayFusion creates or publishes are proprietary to PlayFusion Limited in the United Kingdom, the United States and other countries.
Warhammer Age of Sigmar, the Warhammer Age of Sigmar logo, GW, Games Workshop, Warhammer, Stormcast Eternals, and all associated logos, illustrations, images, names, creatures, races, vehicles, locations, weapons, characters, and the distinctive likeness thereof, are either ® or TM, and/or © Games Workshop Limited, variably registered around the world, and used under licence.
All third-party trademarks are the property of their respective owners.
You must not reverse-engineer, decompile or modify the Sites, Services or Materials, or any software available on or through them, in any way (except to the extent allowed by applicable law). You must not use a modified/customised version of any software you access or download from the Sites or Services, and must not copy, transfer or sub-license any of the Sites’ or Services’ content. You may not create any means by which the Sites or Services, or content in or on them, or accessed through them, may be used other than as we intended. Please note that any such activity may be in violation of laws or our intellectual property rights, and we reserve the right to take such action as we deem appropriate in the circumstances should we become aware of any such offences being committed, including, without limitation account suspension, termination, and legal action. Due to the nature of harm such violation(s) would cause us, you agree that money damages will be inadequate and we may suffer irreparable harm, such that we may take any and all legal action, including obtaining immediate injunctive relief, without having to post a bond.
Content (including with limitation all information, software, data, text, photographs, graphics, sound and video) placed on or accessed through the Sites and/or Services are subject to copyright and other intellectual property rights, and we fully assert ownership of, in and to any such content. You may only use such content as we have intended, for personal, non-commercial use, in accordance with all these Terms and Conditions.
All intellectual property or other rights in any content on or accessed through the Sites and/or Services, including materials you submit to the Sites and/or Services, are and will remain our property (or the property of third parties from whom we have licensed this content). You are only granted a limited personal permission to use such content, subject to and in accordance with these Terms and Conditions. This permission can be revoked by us at any time, in our sole discretion.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP, TITLE OR OTHER PROPERTY INTERESTS IN OR TO ANY PRODUCT OR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PLAYFUSION.
PlayFusion reserves the right to stop offering the Sites and/or Services or a particular part thereof at any time either permanently or temporarily, at which point any license granted to you to use the Site and/or Services, or a part thereof will be automatically terminated or suspended. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Sites and/or Services.
Terminating your account
If, acting reasonably, we find that:
- our Terms and Conditions or Rules have or may have been breached;
- there has been fraudulent, unlawful or abusive activity; or
- it is necessary in order to prevent or stop any harm or damage to us, the Site and/or Services, to other players or the general public
We may at any time terminate or restrict your ability to use the Site and/or Services, as we determine appropriate, acting reasonably.
WE DO NOT GUARANTEE THE ONGOING SUPPLY OF ANY SITE AND/OR SERVICE. UPON REASONABLE NOTICE TO YOU, WE MAY DEACTIVATE ANY ACCOUNT AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND FOR ANY AMOUNTS PAID IN CONNECTION WITH THE ACCOUNT.
Notwithstanding any of the following, nothing in these Terms and Conditions purports to exclude or limit our liability in any way in which it would be unlawful to do so. In particular, we do not purport to exclude or limit liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
The Sites and/or Services are provided on an “as is” and “as available” basis. We do not warrant that you will be able to access or use the Sites and/or Services at the times of locations of your choosing, or at all, or that your experience will be uninterrupted, or free of errors. Accordingly, we are not liable for any loss or damage that might arise, for example, from the inoperability, unavailability, or security vulnerabilities of the Sites and/or Services, or from your reliance on the quality, accuracy or reliability of the Sites and/or Services.
We exclude all implied conditions, warranties, representations or other terms that may apply to the Sites and/or Services or any content thereof. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable arising as a result of, your use of, or reliance on, any aspect of the Sites and/or Services. In particular, we will not be liable for any: a) loss of profits, sales, business or revenue; b) business interruption; c) loss of anticipated savings; d) loss of business opportunity, goodwill or reputation; or e) any indirect, consequential, or special loss or damage.
The maximum liability of PlayFusion to you for losses or damages that you suffer in connection with the Sites and/or Services, shall not exceed the amount that you paid to us during the twelve (12) months preceding the time the cause of action arose.
You will be liable for any loss or damage we suffer arising from your breach of these Terms and Conditions, laws, or arising from your misuse of the Sites and/or Services.
The content of the Sites is intended for general information purposes and is not intended as advice or representations upon which you should rely. We make no representations, warranties or guarantees as to any information on Sites, and you should exercise caution if reading or using information on the Sites.
We do not guarantee the Sites will be secure or free of bugs or viruses. You are responsible for configuring your information technology, computer programs and operating system to access the Sites, and you should use your own virus protection software and security measures to protect your device and information.
We do not represent that the Sites and/or Services are suitable for all locations where they may be accessed.
Functioning Of Sites And Services
PlayFusion reserves the right to modify, including by way of regular updates, the Sites and/or Services, and we may have to suspend operation of the Sites and/or Services without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control.
We cannot guarantee that the Site and/or Services will work with any particular computer equipment or in conjunction with any particular software or connectivity services.
Third Party Sites
Any third-party sites, plug-in’s or technologies referenced in relation to the Sites, Services or Materials are not endorsed, controlled or verified by us. We do not guarantee that any suggested technologies will work on your computer or other device or be virus free. Any suggestions made are not a warranty of any kind and we are not responsible for any disruption, problem, damage, data loss, cost or inconvenience caused by any suggestions in connection with the Sites, Services or Materials. We will not provide support for any sites, services or technologies which are not our own. We exercise no control over the copyright, patent or trademark compliance or legality of any referenced sites, services or technologies.
Accessing third party services, sites or materials may enable third parties to collect certain personal information or data about you. We do not control such third-party sites and are not responsible for their privacy statements or data practices. We would encourage you to carefully read any statements about privacy connected to third party services, and to make considered decisions when accessing, using or providing information to such services.
Choice Of Law
These Terms and Conditions of use their subject matter and formation (including any related non-contractual disputes or claims), are and shall be governed by English Law, without regard to its choice of law rules. You and we both agree to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising under or relating to these Terms and Conditions.
These Terms and Conditions and any document incorporated by reference, herein, constitute the entire agreement between the parties with respect to its subject matter and supersede any previous terms and conditions between the parties in relation to such matters. The limitations, exclusions and restrictions in these Terms and Conditions shall inure to the benefit of PlayFusion and its licensors, successors and assigns. Nothing in these Terms and Conditions affects your statutory rights as a consumer. Headings above are for guidance only. If we fail to enforce any provision of these Terms and Conditions, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms and Conditions is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms and Conditions provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As these Terms and Conditions are personal to you, you may not transfer any of your rights or duties under them without our prior written permission. A person who is not a party to these Terms and Conditions shall have no rights to enforce them.