TERMS & CONDITIONS

Turbulenz Terms and Conditions

Updated September 2, 2013

turbulenz.com/legal/terms-and-conditions

2013 Turbulenz

These terms and conditions together with any other documents referred to (collectively, the “Terms of Use”) form the legal agreement between Turbulenz and you. Our supply to you of any licences for software, applications, digital content, games or other products and services for end-user use (“Products”) via turbulenz.com and our other websites (together “our Site(s)”) are subject to these Terms of Use. Please read them carefully before ordering any Products from our Site(s).

By using our Site(s) and/or placing an order for any of our Products, you agree to be bound by these Terms of Use and any amendments to them as published or notified to you from time to time. If you do not accept these Terms of Use and any subsequent amendments, you must stop using Turbulenz. Your continued use following implementation of any changes will be deemed to be acceptance of them. Turbulenz does not make any warranty that the website is free from infection from viruses, nor does any provider of content to our Site(s) or their respective agents make any warranty as to the results to be obtained from use of our Site(s).

You can print and keep a copy of these Terms of Use for your future reference. Please note that the binding version of the Terms of Use is the one posted on our website at any given time.

This version of our Terms of Use is effective from 2 September 2013.

About us

We are a limited company registered in England and Wales with company number 06921988. Our registered and trading address is Turbulenz Limited, 1st floor, Pembroke House, Mary Road, Guildford, GU1 4QU, England (“we”, “us”, “our”). We can be contacted in writing or by electronic mail at info@turbulenz.com

About You

When using our Site(s) and placing any order for Products through our Site(s), you warrant that: Your use will be solely as an end user; You are legally capable of entering into a binding contract with us; You are at least 18 years old or have the consent of a parent or guardian to use these services; You are responsible for the method of payment which you use to make any and all payments to us; When you register with us to create a Turbulenz account, you have provided truthful and accurate information about yourself; You will keep any user identification, passwords and other security information which we use to identify your account secure and confidential. This includes not disclosing such account information to anyone else or allowing anyone else to use your account or security information.

Account Registration

We will require, in certain instances, you to register your details with us in order to use some or all parts of our Site(s). If Turbulenz has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Turbulenz may suspend or terminate your ability to use or access a Turbulenz Product, and refuse any and all current or future use of or access to any or all Turbulenz Product (or any portion thereof). Your registration and use of our Site(s) and Products is subject to our Privacy Policy. You are solely responsible for all activity on any and all of your Turbulenz account and for the security of your computer system. You should not reveal your screen name or password to any other person. Turbulenz will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Subject to applicable law, we reserve the right to cancel your account if it has not been used for 18 months.

Age Restrictions

Turbulenz does not target its Site(s) or Products to users under 13 of age. There may be certain access restrictions placed on any under 13 year old users. You agree that if you assist users under 13 years old to access our Site(s) or Products, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) that you will assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER TURBULENZ, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE(S) BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Browser Extension Licence

In order to use certain Turbulenz Products, it may be necessary for you to download and install our software, and updates or patches to that software, onto your computer (the “Browser Extension”). Turbulenz Limited grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to use the Browser Extension solely for the purpose of using it in conjunction with services and Products as offered by Turbulenz at the time the Browser Extension is made available to you. You may only access and use a Product by any other means other than by our website or any software which we have supplied to you. You may not access the account of another person or modify the software for any purposes, including unauthorised access to the Site(s), Products or another account. Any breach of the licence which results in unauthorized access by you or by a third party using information or support from you may result in criminal and/or civil action by us against you. If an End User License Agreement or similar terms is provided with a Product via additional software, your use of the Browser Extension is subject to both the Terms of Use and any non-conflicting additional terms of the End User License Agreement for the additional software. You may not charge others to use or access the Browser Extension or our services and Products via its use. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Browser Extension. You may not modify the Browser Extension or use it in any way not expressly authorized in writing by Turbulenz Limited. You understand that the introduction of various technologies by us may not be consistent across all platforms and that the performance and compatibility of the Browser Extension, our software, services and Products may vary depending on your Internet connectivity, computer hardware, software and configuration and that of any other equipment. From time to time, Turbulenz may provide you with updates or modifications to the Browser Extension. You understand that certain updates and modifications may be required in order to continue use of the Browser Extension and/or the Turbulenz Offerings or other Turbulenz Limited services. We reserve the right to withdraw availability and/or support for the Browser Extension and any versions thereof in full or in part at any time, where such withdrawal is done with such reasonable notice in the circumstances at the time.

Your Rights to Content

All content and software provided by us through our Site(s) is licensed to you personally on a non-exclusive, non-transferable, non-sublicensable, limited license solely for your personal, private, non-commercial use and is subject to these Conditions and any relevant Additional Conditions. Unless expressly authorised by us in writing, you must not: share, sell, transfer, rent or sublicense any part of the Property to anyone else; or modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Product(s) (unless expressly permitted by us or by an applicable law); or create any derivative works, attempt to create the source code from the object code, or download content or software for any purpose other than game play or other use authorised by us; or copy, reproduce, communicate to the public or transmit, use for public performance or exploit the Property, or any part of the Property. You accept that Products provided by our Site(s) are at Turbulenz' discretion and we reserve the right to withdraw access to a Product immediately or where possible on reasonable notice to you. Except as expressly granted in these Conditions, we and our licensors reserve all rights, interests and remedies in connection with the Property and Turbulenz. All other company, product, and service names on Turbulenz are trade names, trademarks or registered trademarks of their respective owners.

Methods of Payment

Turbulenz accepts the following methods of payment: Major International Credit Cards (Visa, MasterCard, American Express, Discover, Diners Club, and JCB); Bank Account Debits (only for US based customers); Amazon Payments balance (only for US based customers); and PayPal account balance All transactions on Turbulenz are processed securely through one of our third-party payments processors: Amazon Payments, PayPal or Google Wallet.

Charges

All charges and payment transactions are processed in U.S. dollars. The full price for any Products as ordered by you from us will be as specified on the Acceptance page of any purchase. Prices are liable to change at any time, but changes will not affect Products in respect of which we have already sent you a Dispatch Confirmation (acceptance email of purchases made on Turbulenz). The total price of any Product is inclusive of any applicable Sales Tax or VAT in effect on the day the Dispatch Confirmation is sent. In the event of any difference between any advertised or promoted price and that on the Acceptance page, the Acceptance page price shall prevail, except in cases of obvious error. We will make reasonable efforts to ensure that the pricing of any Product is correct at the time of publication. However it is always possible that some of the Products listed on our Site(s) may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product's correct price is greater than the price stated on our Site(s), we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing. Your order constitutes an offer to us to buy a Product for which you will receive an e-mail acknowledging that we have received it. All orders are subject to acceptance by us. Our acceptance will be confirmed to you by e-mail (the Dispatch Confirmation). We are only obliged to licence and release the Product to you once we have sent you the Dispatch Confirmation. We are only obliged to supply those Products specified in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation. You will not have any right to cancel an order for the supply of any Product(s) where you have used said Product(s) as part of your use of our Services, Products or Site(s), including the Products which may be purchased within a given Application, Game or Service. Details of how to cancel any given Order (if at all) are provided below. These provisions do not affect your statutory rights.

Availability and Delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

Cancellation and Refunds Policy

Any purchases of Products on Turbulenz.com or any of our other Site(s) are limited licenses to digital goods and do not constitute personal property and are not legal tender or currency of any kind. Purchases are not redeemable for any sum of money or monetary value from Turbulenz unless otherwise expressly agreed in writing by Turbulenz. Any purchases made by you are non-refundable. If your account has been suspended or terminated, you will (temporarily or permanently, as applicable) lose some or all of the balance of purchases made on your account. In such an event you agree that you are not entitled to any reimbursement or refund of any payment for purchases, or any other compensation, except at the sole discretion of Turbulenz.

Our Liability

We warrant to you that our services and any Product purchased from us through our Site(s) are of satisfactory quality. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased. We reserve the right to modify, suspend, or discontinue our Site(s) or access to Products (or any part or content thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. To the extent possible, we will give reasonable notice in advance of any change or termination of access to the Site(s) or to Products. Turbulenz will provide the Site(s) with reasonable care and skill. Turbulenz does not make any other promises or warranties about the Site(s) and in particular does not warrant that: your use of the Site(s) will be uninterrupted or error-free. You agree that from time to time Turbulenz may remove the Site(s) for indefinite periods of time, or cancel the Site(s) at any time for technical or operational reasons and will, to the extent practicable, notify you of this; the Site(s) will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion which shall be events of Force Majeure, and Turbulenz disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Products purchased from the Site(s) that are stored in your system. Other than in the event that you are exercising any applicable statutory right to refund or compensation, in no case shall Turbulenz, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any loss or damage caused by Turbulenz, its employees or agents where: there is no breach of a legal duty of care owed to you by Turbulenz or by any of our employees or agents; it is not a reasonably foreseeable result of any such breach; any increase in loss or damage results from breach by you of any term of this Agreement; it results from a decision by Turbulenz to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Site(s), or to take any other action during the investigation of a suspected violation or as a result of Turbulenz' conclusion that a violation of this Agreement has occurred; or it relates to loss of income, business or profits, or any loss of data or corruption of data in connection with your use of the Site(s). Turbulenz shall use reasonable efforts to protect information submitted by you in connection with the Site(s) including from fraudulent use. Nothing in this Agreement removes or limits Turbulenz' liability for fraud, gross negligence, wilful misconduct, or for death or personal injury. If you breach this Agreement, you will be liable to Turbulenz, its affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by Turbulenz as part of its investigation of a suspected violation of this Agreement, or as a result of its findings or decision that a violation of this Agreement has occurred. You agree to indemnify and hold Turbulenz and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of your Turbulenz account. This includes illegal or improper use by someone to whom you have given permission to use your Turbulenz account or whom you have negligently allowed to access your Turbulenz account. Turbulenz reserves the right to terminate your Turbulenz account if any activity that occurs with respect to such account violates these Terms of Use. We are not liable for any unauthorised use or sharing of your Turbulenz account. This does not include or limit in any way our liability: For death or personal injury caused by our negligence; Under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any deliberate breaches of these Terms of Use by us that would entitle you to terminate the contract between us; for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms of Use by us that would entitle you to terminate the contract between us, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; Please also note that you must comply with all applicable laws and regulations of the country in which you are using the Products. We will not be liable for any breach by you of any such laws.

Written communications and Notices

In some instances, we will be required by applicable laws to communicate to you in writing. When using our Services, you accept that most, if not all, communication with us will be electronic. We will generally contact you by e-mail or provide you with information by posting notices on our website. You agree to our using these electronic means and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically are identical to being in writing. This condition does not affect your statutory rights. Notice from us will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. All notices given by you to us must be sent to us by email or in writing. If you have any questions, comments or queries in relation to the Terms of Use or any other aspect of our services, please contact us at info@turbulenz.com. You may also contact us by mail at: Customer Service, Turbulenz Limited, 1st Floor, Pembroke House, Mary Road, Guildford, GU1 4QU, United Kingdom

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of these Terms of Use, to insist upon strict performance of any of your obligations under them, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of this agreement.

Severability

If any of the Terms of Use or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid and construed in line with the original intent of the parties to the fullest extent permitted by law.

Entire agreement

These Terms of Use and any document referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter. You each acknowledge that, in accepting these Terms of Use, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to this agreement or not) other than as expressly set out in these terms and conditions. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions. Nothing in this clause shall limit or exclude any liability for fraud.

Our right to vary or terminate these Terms of Use

These Terms of Use may only be changed by Turbulenz. We have the right to revise and amend them from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the Terms of Use and any relevant policies in force at the time that your Products order was accepted by us, unless any change to those policies or these Terms of Use is required to be made by law or governmental authority (in which case it will apply to all orders previously placed by you), or if we notify you of the change to those policies or these Terms of Use before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms of Use). Turbulenz reserves the right to change any and all terms and conditions of these Terms of Use at any time, where such changes are: in favour of You; where required to do so to comply with legal, or regulatory requirements; for circumstances otherwise outside of Turbulenz' control; or for minor changes incidental to the operation of the agreement. Such changes can be made by us immediately and without any notice other than by publication of a revised License on our website. Turbulenz also reserves the right to make material changes to any and all terms and conditions of these Terms of Use (including the introduction or changes to any charges) subject to 30 days notice. Such notice will be given by publication on the Turbulenz website and Turbulenz will use additional means of notifying you of any such change including emails. You may terminate the agreement prior to the implementation of any such change. Should you continue to use the SDK after the entry into force of the new Terms of Use, they are deemed to be accepted by you. If we believe that you are in breach of any of these Terms of Use or any other contract or agreement connected with Turbulenz or other services provided by us (including any Policies) or we believe that your account has been compromised, we may take all actions to protect our interests as we believe are reasonable in the circumstances, including terminating or suspending your account and/or disabling access from your computer to all or any part of Turbulenz. This may include disabling access to services and online game features provided by us or third parties, removing content, implementing upgrades or devices intended to discontinue unauthorised use, or such other steps as are reasonably necessary to protect ourselves, our partners and our users, and to prevent the unauthorised use of content or unauthorised exploitation of Turbulenz. Unless otherwise required by applicable law, we will not refund the cost of any purchased content or services on termination or suspension of your account. We reserve the right to bring legal action against you if you are in breach of these Conditions and to participate in any government, criminal or private legal action or investigation relating to your conduct while using the services, Site(s) or Products made available by Turbulenz. We reserve the right, where reasonable in our view to do so, to temporarily or permanently discontinue Turbulenz and any and all services and content available through Turbulenz at any time, including for service maintenance and upgrades.

Law and jurisdiction

Contracts for the purchase of Products through our Site(s) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

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