Terms of Services

Terms of use: this page (together with the documents referred to on it) tells you the terms of use on which you may make use of our app, Penguin Jump: Ice Racing Saga (Our App). Please read these terms of use carefully before you start to use Our App. By using Our App, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using Our App.

Information about us: Penguin Jump: Ice Racing Saga is an app produced and operated by Play-Free (We). We are an independent developer.

Availability of Our App: availability of Our App is on a temporary basis and we reserve the right to withdraw the availability of the app or amend the app without notice (see below). We will not be liable if for any reason Our App is unavailable for download at any time or for any period. When using Our App, you must comply with the provisions of our acceptable use policy below. By agreeing to these terms of use, you also agree to comply with our acceptable use policy when you use our Facebook page (located at https://www.facebook.com/pages/Penguin-Jump/236600963150657). You are responsible for making all arrangements necessary for you to have access to the Internet (should you wish to use the features of Our App that require Internet access). You are also responsible for ensuring that all persons who access your copy of Our App are aware of these terms and that they comply with them.

As we have no control over the Credits that you purchase, you should be aware that: if you delete Our App from your device (including resetting the device to its factory settings), any Credits will be lost (unless you have previously backed up your device and then restore using that back-up); if something goes wrong with your device (e.g. there is a hardware malfunction), you may lose your Credits (unless you have previously backed up your device and then restore using that back-up); if you lose your device, or otherwise no longer have the same device, you will lose your Credits (unless you have previously backed up your device and then restore using that back-up); and you cannot ‘swap’ your Credits between copies of Our App on different devices

We have a 14-day refund policy. You are eligible for a refund within 14 days of the purchase date.

Please note that you are responsible for ensuring that all persons who access your copy of Our App are aware of these terms and that they comply with them. Any accidental purchase as a result of negligence will not guarantee a refund.

Suspension and termination We will determine, in our discretion, whether there has been a breach of these terms of use. When a breach of these terms of use has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms of use (and particularly the acceptable use policy) may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use our Facebook page and/or download future versions of Our App; immediate, temporary or permanent removal of any posting or material uploaded by you to our Facebook page; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of the acceptable use policy. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.

Acceptable use policy You may use Our App and our Facebook page for lawful purposes. You may not (as applicable) use Our App or our Facebook page: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); nor to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree: to abide by Facebook’s pages terms and comply with your obligations under Facebook’s statement of rights and responsibilities and Facebook’s community standards; not to reproduce, duplicate, copy or re-sell any part of our Facebook page or Our App in contravention of the provisions of our terms of use; not to access without authority, interfere with, damage or disrupt: any part of our Facebook page; any equipment or network on which our Facebook page or Our App is stored; any software used in the provision of our Facebook site or Our App; or any equipment or network or software owned or used by any third party. We may from time to time provide interactive services (interactive services) on our Facebook page, including, without limitation: chat rooms; and bulletin boards.

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian; minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards These content standards apply to any and all material which you contribute to our Facebook page and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Intellectual property rights We are the owner or the licensee of all intellectual property rights in Our App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Reliance on information posted Commentary and other materials posted in Our App (if any) are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you (or by anyone who may be informed of any of its contents).

Our app changes regularly We aim to update Our App regularly and may change the content at any time. If the need arises, we may suspend access to the Internet via Our App or withdraw its availability for download. Any of the material on Our App may be out of date at any given time and we are under no obligation to update such material.

Our liability Our app and the material within it are provided without any guarantees, conditions or warranties as to their accuracy or functionality. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our App or in connection with the use, inability to use, or results of the use of Our App, any websites linked to it and any materials within it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your use of Our App We process information about you in accordance with our privacy policy. By using Our App, you consent to such processing and you warrant that all data provided by you to us is accurate.

Transactions concluded through Our App Contracts for the supply of services formed through Our App are governed by our terms and conditions of supply. In the event of any inconsistency between the terms and conditions of supply and these terms of use, the terms and conditions of supply shall take precedence.

Viruses, hacking and other offences You must not attempt to gain unauthorised to our servers or any server, computer or database connected to Our App nor knowingly attempt to introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our App will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our App or on any website linked to it.

Links from Our App Where Our App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, your use of Our App (although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country).

If you have any concerns about material which appears on Our App, please contact contacts.penguin@gmail.com

Thank you for using Our App.