Terms and Conditions
Last updated: August 30, 2017
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using applications or websites (the “Service”) operated or published by Tactile Fusion Ltd (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Tactile Fusion Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Tactile Fusion Ltd cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
For in-app purchases payments will be processed by the app store on your device. Please note the terms and conditions of these stores apply and you may access them directly from the app store. You acknowledge and agree that all in-app billing and transactions are handled by the app store provider. If you should have any issue with an in-app purchase, please contact us so that we can try to correct the issue. If you wish to arrange a refund you must do so by contacting the app store provider directly.
You accept that all Virtual Currency and Items are provided solely for your personal and entertainment use, that they have no “real world” value and that they may be changed or discontinued at any time without notice.
All prices and bundles may be changed at any time without notice.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Tactile Fusion Ltd is not required for any reason to provide a refund, or otherwise compensate you for any unused virtual items or currency from an inactive or terminated account.
Eligibility and Access
Our service is not intedned for children under the age of 13. You must be 13 or older to use the Service, and by accessing it you are representing that you are 13 or older.
If you are under 18 or the age of legal majority where you acces our Service, you represent that your legal guardian has read, understood and agreed to these Terms. If you are the legal guardian, you accept full responsibility for anu unauthorized use of our service by minors, including use of your credit cards or payment instruments.
Links To Other Web Sites or Services
Our Service may contain links to third-party web sites or services that are not owned or controlled by Tactile Fusion Ltd.
Tactile Fusion Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tactile Fusion Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
By making availibale any User Content, (data, images, graphics, photos, videos, audio, links and any other content) via uploading or transmitting through our Service(s), you hereby grant to Tactile Fusion Ltd a worldwide, non-exclusive, perpetual, transferable, irrevocable, royalty free license, with right to sublicense, use, copy, modify distribute, license, sell, transfer, publicly display, stream, broadcast and explot such User Content only on or through our Service(s) or as a screenshot or video captured from within our Service and displayed in relation to our Service.
You warrant that you are the owner of all User Content you make availiable via our Service, or that you have all rights necessary to be able to grant Tactile Fusion Ltd the above license and that it does not infringe or violate any third party’s rights or violate any applicable law or regulation.
You agree to defend, indemnify and hold harmless Tactile Fusion Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Tactile Fusion Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You shall not attempt to intercept, modify, reverese engineer, decipher or test for vunrabilities within the Service.
You shall not use the Service for, or to aid any socially unacceptable behaviour.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Tactile Fusion Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Tactile Fusion Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Tactile Fusion Ltd or any person for whom Tactile Fusion Ltd is responsible, and even if Tactile Fusion Ltd has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after 30 days of changes being posted here or being notified of changes in app (whichever is sooner), you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.