Terms and Conditions
The Missing Ink
Terms and Conditions of Use
Welcome to www.missing-ink.com, the online virtual game world designed and built by RedBedlam Limited.
PLEASE NOTE THAT IF YOU ARE UNDER THE AGE OF 13 YOU MUST OBTAIN YOUR PARENT'S OR GUARDIAN'S PERMISSION BEFORE CREATING AN ACCOUNT OR USING THIS WEBSITE.
1.DEFINITIONS
In these Terms:
"Account" shall mean an account set up by us through which you may use the Website and the Service;
"Community Rules" shall mean the rules set out in clause 5.1 of these Rules;
"Community Standards" shall mean the standards created by us and modified from time to time;
"Intellectual Property Rights" shall mean all intellectual property rights, howsoever arising and in whatever media, whether or not registered, including (without limitation) copyright, patents, trademarks, service marks, trade names, design rights and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world;
"Item" shall mean any virtual item, unit of virtual currency or other object capable of being purchased on the Website;
"Service" shall mean the services that we offer on the Website;
"Software" shall mean the software provided by us on the Website;
"Terms" shall mean the terms and conditions set out here;
"Website" shall mean the domain www.missing-ink.com;
"we" shall mean RedBedlam Limited, and "our" and "us" shall be interpreted accordingly;
"you" shall mean the user of the Website and "your" shall be interpreted accordingly;
2.USING THE WEBSITE
By using the Website you agree to be bound by these Terms, which shall take effect immediately on your first use of the Website. If you do not agree to be bound by these Terms please stop using the Website immediately.
We may change these Terms from time to time and so we strongly advise you to check them on a regular basis. Your continued use of the Website will be deemed acceptance of the updated or amended Terms. If you do not agree to the changes, please stop using the Website immediately. If there is any conflict between these Terms and specific terms appearing elsewhere on the Website (such as Website Use Policy, Community Rules or Community Standards) then the specific terms shall take priority over these Terms.
The Website is available to those who may access the Internet and Website regardless of their place of residence. We make no representation that the Website is appropriate or available in any location other than the United Kingdom, and any user that accesses the Website from outside the United Kingdom is responsible for complying with local laws to the extent that these apply.
Please note that while we shall take steps to monitor the content of the Website, we cannot ensure that other users will not provide content or access to content that parents or guardians may find inappropriate or that any user may find objectionable.
The use of the Website by those aged 13 or under is subject to the consent of their parent or guardian. We advise parents and guardians that it is important that they communicate with children about their safety online. We reserve the right to cancel any membership or access to the Website should we determine that it is inappropriate for you to access it.
Please note that it is not possible for us to determine with any degree of certainty the identity of any person using the Website and whether they are in fact the person that he or she claims to be. Accordingly, we accept no liability for the actual identity of any person that accesses or uses the Website. You are solely responsible for verifying the actual identity of any other persons that make use of the Website.
The availability of the Software is subject to United States export controls and no Software may be downloaded, accessed or used in violation of these laws.
3.ACCOUNTS
3.1.Registration
In order to take part in the Service and interact with other users, you must create an Account with us. Your use of the Service will be through an online "avatar" (meaning a virtual persona or alter-ego), and this is regulated by these Terms and our Community Standards. We strongly recommend that you read these before taking part in the Service. You agree to provide true, accurate, current and complete information about yourself.
You must choose an account name to identify yourself to our staff, which is known as a username. Your Account will be linked to this name. We reserve the right to delete or change any username for any reason or no reason. At the time your Account is opened, you must accept a randomly generated password. This can be changed thereafter.
All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address (unless you are under the age of 13 and we have asked for your parent/guardian's email address), or with temporary email addresses may be closed without notice. We may require you to re-validate the Account if we believe you have been using an invalid email address.
In any event, we will assume where you are aged 13 or under, that the creation of an account and its submission to be validated and authorised by us is on the strict understanding that this account has been created and submitted with the full knowledge and consent of your parent or guardian.
3.2.Security of Your Account
Please note that you are fully responsible for all activities conducted through your Account or under your username, whether or not made with your knowledge or authority, and for maintaining the confidentiality of your password and Account details. You must inform us immediately if you know or believe there is or may be any unauthorised use of your Account. Your Account may be terminated should you violate these Terms.
At no time should you respond to an online request for a password. We will never ask for your password, except as part of the log-in process.
We shall not be responsible for any harm or loss caused as a result of the theft or misuse of your Account.
3.3.Ownership of Data
You agree that you do not own your Account, nor do you own any data we store on our servers (including without limitation any data representing or embodying any works you may have created that may be stored therein).
4.PAYMENT
4.1.Methods of Payment
You may only pay for the Service and/or Items within the Service, using payment methods approved by us (details of which are available in the payment section of the website). We reserve the right to limit the number of Accounts that may be charged to a particular credit or debit card.
When you provide payment information to us, you represent and warrant that you are the authorised user of that credit or debit card or other method of payment and authorise us to charge any charges you incur to this card or method of payment.
4.2.Your Account
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made through your Account(s). Account deficits in any situation are the responsibility of the Account holder.
We are not responsible for any charges or expenses that you incur as a result of any amount billed by us in accordance with these Terms (including without limitation overdrawn accounts, exceeding credit card limit, chargeback, and/or any related financial deficits incurred by you). Please note that any monies held within your online Account will not attract any interest.
We reserve the right to run credit checks on any user, based upon the information provided to us on registration.
4.3.Purchase of the Service and Items
The Service and all Items must be paid for in advance, and no purchase shall be completed until we receive full payment for the Service and/or Item. Each [Item] is valid for a period of twelve months from the date of purchase.
You agree that should you lose any Item, paid for by you or earned through the Service itself, we are in no way responsible for the loss unless caused by our negligence.
5.RESTRICTIONS
5.1.The Community Rules
You agree to:
only use the Website for lawful purposes;
only upload, email, publish and transmit content that is civil, polite and tasteful;
be patient and appreciate that users of all ages and abilities may be taking part in the Service; and
only use the Service through the Website and/or associated and/or partner websites and not through any other means.
You agree that you will not:
upload, email, post or otherwise transmit any contents or otherwise use the Website in any way that infringes our rights or the rights of any user or third party including, but not limited to, Intellectual Property Rights;
use the Website in a way that restricts or stops anyone else's use or enjoyment of the Website or in a way that harasses or causes distress or inconvenience to any person;
transmit any content or carry out any act that is unlawful, obscene, threatening, discriminatory, harmful, offensive , or invasive of anyone else's privacy;
take any action or upload, post, email or otherwise transmit any content that violates any law, regulation or statutory right;
act in a way that disrupts the normal flow of dialogue within the Website;
create a false identity or impersonate any person or entity, including, but not limited to, an employee of RedBedlam Limited, or falsely state or otherwise misrepresent your connection with a person or entity;
contact anyone who has asked not be contacted or "stalk" or otherwise harass another user;
take any action or upload, post, email or otherwise transmit content that contains any viruses (meaning any program that may replicate itself or part(s) of itself to spread by computer interaction), Trojan horses (meaning. any program installed under any false pretences), worms (meaning uninhibited and unprovoked viruses), time bombs ( meaning any program that is a delayed malevolent attack), or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
attempt to gain access to any other user's Account or password;
create, publish, and/or distribute works (or use any software programs, utilities, applications, emulators or tools) derived from or created for the Service unless expressly permitted by these Terms;
create or provide any other means through which the Service may be accessed or used;
post, upload or email spam, advertisements or promotions or links to external websites or otherwise use the Website for business purposes;
post, upload or email off-topic material or re-submit your contribution to more than one discussion;
carry out any act that affects us, the Website, our goodwill or our reputation negatively; or
misuse the complaints facility;.
We also request that you never reveal any personal information about yourself or anyone else (for example a telephone number, postal address, home address, email address or any other details that would allow you to be personally identified) when using the Website or the Service.
Contributions containing languages other than English may be removed unless specifically allowed in the rules that apply to the area of the Website in which the contribution is posted.
Material (in whatever form, including but not limited to text or images) which contains plot developments which have not been previously transmitted or otherwise broadcast by the owner or licensee of the Material will be deleted unless submitted in a designated 'spoilers' area or marked as a 'spoiler'.
When using the Service, you may accumulate objects, experience points, equipment, or other value or status indicators and contribute to the environment. This data, along with any corresponding data stored on our servers, may be reset and cancelled out at any time and without warning. Any monetary value attached to this data cannot be redeemed from us in any way.
5.2.Breach of Your Obligations
If you fail to abide by the Community Rules or any of these Terms (and/or any variations thereto) when using the Website or the Service, you will be sent an email which informs you why we feel that you have breached the Community Rules or these Terms and any action that we have taken as a result. This email will also include a warning that continuing to break the rules may result in action being taken against your Account or Accounts. This action may include any content posted by you being checked before being allowed to go on the Website or a temporary or permanent suspension of your ability to participate in any or all of Service.
You agree that we may take whatever steps we deem necessary to abridge, or prevent behaviour of any sort that we believe in our sole discretion breaches the Community Rules, Community Standards or any of the provisions contained in these Terms, without notice to you including without limitation informing relevant third parties, such as your employer, school or e-mail provider about your behaviour, preventing your access to the Website or any part of it, preventing your access to the Service or any part of it or suspending or terminating your Account. Any action taken against an Account due to a violation is final.
6.PROBLEMS WITH THE SERVICE OR WEBSITE
We take any problems with the Website or the Service very seriously and will endeavour to resolve these as quickly as possible. If you have experienced a problem please contact us at: [email protected]
We shall make every effort to respond within one to two business days of receipt of your correspondence, but at times it may take longer. If you do not hear from us after one week, this may mean that our emails are being blocked by your internet service provider or email software. Please email us again and we will attempt another method of contact.
7.REFUNDS
All completed "virtual transactions" (ie non-cash transactions) are non-refundable. Such "purchases" made on the Website cannot be redeemed against any other offer or promotion we may be initiating, and is non-transferable. The cash value of each Item is 0.001 pence (British Sterling).
Should you actively seek refund(s) of real currency to your credit card via charge-back, monies will only be forthcoming should your request be made within the legal and statutory guidelines laid out within the country in which the credit card is registered. While the time limit for charge-back varies in accordance with national legislation, we will honour all and any charge-back refunds to credit card holders' accounts. You should note, however, that we reserve the right to suspend and/or terminate all and any Account(s) that have been created and/or associated with all and any credit card(s) holder(s) that seek refunds via the charge-back facility.
8.CANCELLATION
Both you and we have the right to terminate or cancel your Account or a particular subscription under your Account at any time. You can cancel your Account or a particular subscription by sending us an email with your Account details to [email protected]
We reserve the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular subscription, including any charges incurred to third-party vendors or content providers. Any delinquent or unpaid Accounts or Accounts with unresolved issues with us must be settled before we may allow you to register again. In the event that your Account or a particular subscription is terminated or cancelled no refund will be granted, no online time or other credits (such as points in an online game) will be credited to you or converted to cash and no other form of reimbursement be offered to you. Upon cancellation you will have no further access to your Account or anything within the Service associated with it (such as points, tokens or in-game items).
We reserve the right to close any Account if we believe in our sole discretion that you have used proxy internet protocol addresses in order to attempt to hide the use of multiple Accounts.
Active Account holders may not allow former Account holders whose Account has been terminated to use their Accounts.
9.INTELLECTUAL PROPERTY
9.1.Our Intellectual Property Rights
All Intellectual Property Rights in the Website and all its content (including all applications and software) shall remain vested in us, our contents suppliers or our licensors (which include other users) as applicable. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, lend, lease, make available to the public, create a derivative work from or otherwise use any content from the Website in any way except for your own personal, non-commercial use without our prior written consent.
9.2.Your Intellectual Property Rights
By sharing any contribution (including without limitation any text, photographs, graphics, video or audio) on the Website you grant to us a non-exclusive, worldwide, perpetual, royalty-free right to exercise any Intellectual Property Rights you have in the content and you waive any moral rights you have in the content to the fullest extent permitted by law . This includes without limit the right to delete, modify and adapt such content for any reason (although you shall not be responsible for such alterations). In certain circumstances we may also share your contribution with trusted third parties. Please note that the Intellectual Property Rights in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it. If you do not want to grant us the licence set out above then you must not submit or share any content on the Website.
In order that we can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any laws applicable to the United Kingdom or elsewhere. You further confirm that you have the right to grant us the above licence, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under the age of 16. You agree that we may show your name with your contribution (although we will remove your name should you request to do so, where possible).
10.WARRANTIES AND LIABILITIES
Please note our Website Disclaimer
10.1.Our Liability to You
The virtual game world of "The Missing Ink" is a fictitious representation of history and so any content does not necessarily constitute our view and opinions, or the views and opinions of our employees, contractors, associates or affiliates.
Whilst we use reasonable efforts to ensure that all the content that we provide is correct at the time of publication we accept no responsibility for any errors, omissions or inaccurate content on the Website. Furthermore, we are not responsible for any content posted by users of the Website or for the availability or content of any third party sites that are accessible through the Website and we shall not be liable, to the fullest extent permitted by law, for any loss, damage, cost or expense which may arise from the use of any information contained in or displayed on the Website. In particular, any links to third party websites shown on the Website do not amount to any endorsement of that site by us and any use of that site by you is at your own risk.
We do not take any responsibility for any Items or sanctioned currency within the Service that are given by one user to another. However, when fraudulent behaviour occurs, we reserve the right to take appropriate measures, including suspension or termination of a user's Account. We also reserve the right to vigorously pursue all and any user through whichever legal recourse open to us. We warrant that we will use reasonable care and skill in providing the Service and that the Software will be uninterrupted, secure and perform substantially in accordance with its description on the Website (provided that Service and the Software are used in accordance with these Terms and are used on a computer in conjunction with an operating system which exceed the minimum specifications stipulated by us).
However, we do not warrant that the Service (or the Software) will meet your requirements or that the use of the Service (or the operation of the Software) will be uninterrupted or error-free or that defects in the Service (including the Software) will be corrected in any particular timescale. Your use of the Service (including the Software) is at your own risk.
Unless expressly set out in these Terms, we do not give any warranties in respect of the content of this Website, its freedom from viruses or other contamination, that the Website is compatible with any computer systems, software or browsers or the Service. We further disclaim all implied warranties in relation to the Website and Service as far as is permitted by law.
Save as provided elsewhere, our liability for death or personal injury caused by our negligence shall be unlimited. For all other loss or damage which you may suffer or incur in connection with the supply of the Service under these Terms, our liability shall be limited to that caused by a natural and reasonably foreseeable consequence for which we are at fault or negligent and shall not exceed the total price of the Service or products purchased by you as limited to the fullest extent permitted by law.
These Terms do not affect your statutory rights (if appropriate) as a consumer.
10.2.Your Liability to Us
Upon our request you agree to defend, indemnify and hold us (and our affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers) harmless from all liabilities, claims and expenses, including legal fees, that arise from any breach of these Terms by you or through your Account. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you.
As a condition of access to the Service, you release us from claims, demands and damages of every kind and nature connected with any dispute you have or claim to have with one or more user. You further understand and agree that:
we will have the right but not the obligation to resolve disputes between users relating to the Service;
to the extent we elect to resolve such disputes, we will do so in good faith based solely on the general rules and standards of the Service and will not make judgements regarding legal issue or claims; and
our resolution of such disputes will be final with respect to the virtual world of the Service but will have no bearing on any real-world legal disputes in which users may become involved.
This clause 10 shall survive termination of any Account.
11.PRIVACY POLICY
Please read our Privacy Policy which sets out how your information will be used.
12.GENERAL
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall survive and continue to be binding and enforceable. Any failure or delay on our part to exercise or enforce any right in these Terms shall not be a waiver of them.
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
These Terms, together with our privacy policy, set out the whole of our agreement relating to the supply of the Service and the Website to you by us.
These Terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.
13.OUR DETAILS AND HOW TO CONTACT US
RedBedlam Limited is a company registered in England and Wales under number 4225965 and whose registered office is at:
c/o Marks & Co,
100 Church Street,
Brighton,
East Sussex,
BH1 1UJ.
We are registered for VAT purposes under VAT number 973 1913 05.
We welcome your views about the Website and our Service. If you have any questions or comments please contact us at our registered office address fao RedBedlam enquiries, set out above. Alternatively please email us at [email protected]