SUMMARY

(i) These Terms are legally binding on you when you download and play our Game.

(ii) Everything in the Terms is important and should be read by you, but we particularly draw your attention to section 7 (which sets out our liability to you) and section 9(F) (which sets out what happens in a dispute).

(iii) We may need to amend the Terms and the Game in certain situations (e.g. to make technical improvements).

(iv) There are a number of rules set out in section 3 – if you breach these, we may stop you accessing the Game.

(v) If you’ve got any queries or concerns about these Terms, please email us at help@treespleasegames.com.

1. ABOUT US AND THESE TERMS

We are a mobile game developer and publisher called Treesplease Games Ltd, a company incorporated under English law (company number: 12223638) whose registered office is at Preston Park House, South Road, Brighton, East Sussex, United Kingdom, BN1 6SB (hereafter “TreesPlease”). See our website at https://www.treespleasegames.com for further information about us.

Please kindly read these terms of service (“Terms”) carefully because they apply to your participation in our mobile game (the “Game”). TreesPlease offers the Game via the Apple App Store and Google Play.

If you would like to discuss these Terms or the Game, please contact us using the following details: help@treespleasegames.com or write to us at the address stated above.

Please note that the Game is not sponsored, endorsed or affiliated to Apple or Google in any way.

CHANGES TO THESE TERMS: TreesPlease may change these Terms and whilst we will tell you about what we feel are key changes to them, please check them regularly to keep up-to-date.

CHANGES TO THE GAME: We may make changes to the Game for reasons such as to reflect changes in relevant laws or regulatory requirements and/or to implement technical changes or improvements (for example, to add features as the Game develops, to address a security issue and/or changes in our business practices). If we make minor changes, these changes should not impact your use of the Game. If we make more significant changes to the Game, we will notify you in advance.

2. UNDER-18s AND FACEBOOK LOG-IN

If you are not yet 18, and are permitted to use the Game, please show these Terms and our Privacy and Cookies Policy to your parent or legal guardian to ensure that you and your parent or legal guardian understand the terms and conditions contained in these Terms and our Privacy and Cookies Policy (the “PCP”).
We may introduce a log-in feature (including via Facebook, Google and Apple) in future allowing you to save your progress within the Game and allow you to play across different devices. This is an optional feature but, if you choose to use it, you must have an account with the applicable provider and comply with that provider’s terms and conditions.

3. ACCEPTANCE OF THESE TERMS

These Terms together with our PCP set out how you may participate in the Game. You also acknowledge our PCP.
By downloading the Game you agree that you have read and agree to these Terms and that these Terms form a legally binding contract between you and us. 
Please note that if you have downloaded the Game from the Apple App Store no contract is formed between you and Apple as a result of your agreement to these Terms. TreesPlease is solely responsible to you the Game and its content, maintenance and support; not Apple. Apple’s terms and conditions apply to your use of the Game (the “Apple Terms”). The Apple Terms that apply to you can be found here: http://www.apple.com/legal/internet-services/itunes/ww/. If there is any conflict between these Terms and the Apple Terms, the Apple Terms shall prevail.
If you use a platform other than Apple to use the Game (for example, Google Play) (each a “Platform Provider”), then your download and use of the Game may be subject to the terms and conditions of that platform (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail.

4. ACCESS TO AND USE OF THE GAME

Download: To download the Game through the Apple App Store or other Platform Provider you must have an account with Apple or the applicable Platform Provider. You must always be using the latest version of the Game. Please refer to the Apple App Store or other Platform Provider’s store to ensure that you are always up-to-date. 
Download Charges: There is currently no charge to download and/or play the Game. However, the Game will allow in-app purchases (which we discuss further below) and will display advertising allowing you to access content and features in return for watching certain adverts (which we also discuss further below).
Playing the Game: We believe the Game is relatively intuitive and easy to play. Where necessary, however, we provide instructions as to how to play within the Game itself. 
Intellectual Property: TreesPlease owns (or has a licence to use) all intellectual property in the Game (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the Game’s title and other trade marks, whether registered or unregistered, used elsewhere in the Game). By using the Game under licence you do not acquire any intellectual property in the Game. Provided you continue to comply with these Terms, TreesPlease hereby grants to you a non-exclusive, non-transferable, revocable licence to access and play the Game for your own personal and non-commercial entertainment purposes. If you breach any provision of these Terms then this licence will automatically and immediately terminate.
Commercial Use Forbidden: For the avoidance of doubt, any commercial use of the intellectual property in our Game by you is strictly forbidden without our prior express written permission.
Game Restrictions:  Certain restrictions apply in relation to your right to access and play the Game. These are as follows:
You may not use the Game in any improper or unlawful manner or in breach of any legislation or licence that applies to you;
You agree to comply with all reasonable instructions that we may give you regarding your use of the Game;
Any information that you provide to us is true and accurate and you will update such information when necessary;
You are responsible for all costs associated with any device required to access and play  the Game including the cost of any Internet access and any software required to access the Game. It is your responsibility to ensure that you comply with all third party applicable terms. You are also responsible for ensuring that no person uses your device to access the Game without your permission and that you are legally entitled to own the device that you are using to access and play the Game. TreesPlease relies on you having given permission to any other person who accesses the Game using your device and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons;
You will not:
copy, licence, sell, trade, alter, create derivative works or otherwise deal with the Game;
use the Game for any illegal activities;
create, use, make available, display and/or distribute cheats, exploits, automation software, robots, bots, hacks, spiders, spyware, scripts, trainers, extraction tools, mining or other software that interacts with or affects our Game in any way;
use the Game to disseminate any information or materials that are obscene, violent, threatening, libellous, discriminatory or otherwise, in our opinion, offensive;
use the Game to disseminate any information or materials that would disrupt, slow down, or cause any viruses, Trojan Horses, worms, bombs, corrupted files and/or other similar destructive device;
use the Game to disseminate any information or materials that would infringe, or might infringe, any intellectual property, including TreesPlease intellectual property.

5. IN-APP PURCHASES

Virtual Currency: We may make virtual coins and tokens (“Virtual Items”) available to you to use within the Game to purchase in-app purchases. You can obtain Virtual Items by:

purchasing them for ‘real’ money;
as part of a promotional offer, competition or action by us or a third party; or
accruing Virtual Items within the Game through game play.

Virtual Items’ Terms: Our in-game service enabling you to acquire and use Virtual Items is subject to the following terms:

subject to paragraph 4(B)(iv), Virtual Items are not redeemable and not refundable (i.e. you must ‘use them or lose them’) (for example, if you purchase Virtual items you will not get the ‘real’ money you paid for them back as Virtual Items have no real monetary value);
any Virtual Items’ balance shown in your use of the Game, or within your Apple account or through another Platform Provider or online wallet relating to the Game, does not constitute a real-world balance or reflect any stored value that you can cash-out of the Game for ‘real’ money – it simply measures the extent of your limited licence to use those Virtual Items to make in-app purchases for use within the Game;
Virtual Items are personal to you and non-transferable - i.e. only you can use them and you cannot gift, sell, license, redeem, assign, transfer or otherwise dispose of them to any other person; and
your right to use Virtual Items ends if Apple or any other Platform Provider suspends or closes your Apple account or your account on other platforms pursuant to these Terms, the Platform Terms and/or the Apple Terms (as applicable) or if we close or suspend your account with us. Your Virtual Items will also be lost if you don’t log-in via Facebook and delete the Game from your device (as we will not then be able to remember who you are).

Price: The price payable by you for Virtual Items (the “Price”) is the price indicated within the Game at the time you make your purchase. If you are resident in the United Kingdom or European Union, the Price includes any applicable value added or similar sales tax. We reserve the right to change the Price and specifications for any Virtual Item to balance or update the Game, for security or legal reasons or to reflect changes in our business practices.
Errors and Mistakes: Errors and Mistakes: You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software and the operation of the Game. If you become aware that the operation of the Game and any Virtual Item contains any error, or is incomplete, you shall promptly notify us by e-mail to help@treespleasegames.com. You undertake to refrain from taking any advantage whatsoever, either knowingly or otherwise, of that error or incompleteness and we reserve the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery.
Cooling-Off Period: If you live in the European Union and you purchase a Virtual Item, you may be entitled to a refund for your purchase during a 14 day cooling-off period if you decide you do not want the Virtual Item and provided you have not downloaded or used the Virtual Item – you will be given the option to waive this right if you wish to download or use the Virtual Item immediately. If you would like to exercise your rights under the cooling off period please send an email to help@treespleasegames.com and the Virtual Item will be removed from your account and any monies paid shall be refunded. Please refer to Apple’s terms and conditions for details of their refund policy generally and make any refund request directly to Apple via your Apple account.
Promotions: Virtual Items may be made available to you as a result of a promotion that we offer. Any such promotion may have additional terms and conditions. Before participating in any promotional offer you should read any additional terms and conditions as by participating in a promotion you accept and agree to be legally bound by such terms.

6. IN-APP ADVERTS AND THIRD PARTY WEBSITES

TreesPlease may generate revenue by advertising goods and/or services of third parties within the Game including by serving ads that you might see and respond to when using the Game. For example, a suggestion of another mobile application you might want to use/play. These adverts may also allow you to access additional content and features in return for watching such adverts.  
Certain links, including hypertext links, from the Game may take you outside the Game and even the platform it is played on. This includes when you respond to an ad suggesting another app to use or play as outlined in paragraph 5(A) above. This does not imply endorsement by TreesPlease of the linked site, its operator or its content. You acknowledge that TreesPlease does not control the content on such websites and TreesPlease does not guarantee the accuracy, integrity or quality of such content. Such sites may be governed by their own terms and privacy and cookies policies which we recommend you read carefully. You access such sites at your own risk.

7. REPRESENTATIONS AND WARRANTIES IN RELATION TO THE GAME AND SERVICES

TreesPlease will exercise all reasonable skill and care in making the Game available to you. However, TreesPlease is not able to guarantee the availability of the Game or the accuracy, completeness, currency or reliability of any content, materials or information in the Game (or provided as part of the Game) that derives from third parties (including any of our licensors or third party partners).
Except as expressly provided in these terms, the Game and all materials and information provided through the Game are provided on an “as is” basis without any guarantee of any kind and any conditions, statements and warranties (including any warranty of reliability, completeness, accuracy, fitness for a particular purpose or non-infringement) are excluded to the fullest amount permissible by law.
Without limiting the foregoing, TreesPlease does not guarantee and does not promise that the Game and all Game materials and information provided through it will live up to your expectations.

8. LIMITATIONS OF LIABILITY

Nothing in these Terms of Service shall operate to exclude or restrict our liability that we cannot exclude or limit under applicable law. There are certain situations where we will be responsible or liable for losses or damages you suffer. These are as follows:
 Where it would be unlawful. We do not exclude or limit our liability to you where it would be unlawful to do so, this includes: 
 Death or personal injury caused by our negligence (or the negligence of our employees, agents or subcontractors).
 Fraud or fraudulent misrepresentation.
 Breach of your legal rights.
For defective products.
 Personal losses. We only supply the Game for domestic and private use. If you use the Game for any commercial, business or re-sale purposes we will have no liability to you for any loss of profits, loss of business, business interruption or loss of business opportunity.
 Foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms, or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Terms were agreed to, both we and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable.
The express terms of these terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which, but for these terms, would be implied or incorporated by any collateral agreement, statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Subject to paragraph 7(A), we shall not be liable to you for, for example:
any losses arising out of your use of the Game or content within it, or any websites linked to it arising as a result of:
any technical, factual, textual or typographical inaccuracies, errors or omissions (human or computer-generated) on or relating to the Game or any information provided in relation to the Game;
the unavailability of the Game (or any part of it);
loss of content or data (including, for example, loss of virtual items);
any loss or damage that may arise from your use of links to websites and resources provided by third parties, these links are provided for your information only and used at your own risk;
any loss incurred as a result of any legal claim or regulatory action arising from your activities when using the Game which infringes third party intellectual property or breaching applicable law;
any loss that you may incur as a result of someone else using your identity, log-in details, password or account, with or without your knowledge, including if a device used to activate your account is stolen;
any loss or damage that may arise as a result of actions by our third party advertising partners; or
loss or damage caused by any technologically harmful material that may infect any device you use to use the Game.
In the event of any loss or damage to content (including data), your sole remedy shall be for us to use our reasonable endeavours to restore the lost or damaged data or content from the latest back-up maintained by us.
Notwithstanding any of the foregoing provisions, our maximum aggregate liability to you in respect of your use of the Game shall  not exceed the higher of the total amount you have paid to us under these Terms during the twelve (12) months immediately prior to the event which caused the liability.

9. TERMINATION

We may remove the Game from the Apple App Store or any other platform on which we make the Game available or cease providing or change any of the Game’s features as set out in these Terms. If we do so, the Apple App Store and any other platform on which we make the Game available should enable you to continue to play the version of the Game you downloaded and to use, subject to these Terms, any Virtual Items you have acquired but have yet to use.
We may:

with immediate effect and for any reason, at any time, terminate or suspend your use of the Game or any functionality in it including if we suspect fraudulent activity;
stop providing the Game permanently, we will try and give you at least 30 (thirty) days’ notice (though we may not always be able to - e.g. for legal reasons) and you may, where appropriate, be entitled to a full or partial refund.
verify your information by requesting certain documents and refuse your requests to play the Game if we believe there is reason to do so;
take any steps (for example, technical or legal steps) to terminate or suspend your use of the Game if we reasonably believe you have failed to comply with any of the provisions of these Terms; and
decide to terminate, suspend or refuse to accept your account, we may share or publish your name and email address and notify third parties (including Apple and/or any other applicable Platform Provider).

You may uninstall the Game from your device at any time. If you do so, however, you will lose all accumulated Virtual Items collected by you as of the date of such de-installation. If you want your data wiped at any time then you can e-mail us at help@treespleasegames.com with such request and we will action it accordingly.

10. GENERAL

Non-Waiver of Rights: Any failure or delay by us to enforce any of our rights under these Terms will not be taken as or deemed to be us giving up such right.
Third Parties: These Terms are not intended to be for the benefit of, and will not be exercisable by, any person other than you, TreesPlease, Apple and its subsidiaries and other Platform Providers who shall have the right to take action against you for any breach of these Terms.
Severability: If any part of these Terms are deemed to be illegal, invalid or unenforceable then that part shall to that extent be deemed not to form part of these Terms and the enforceability and validity of the remainder of these Terms shall not be affected
Rights and Obligations: We may assign our rights and/or transfer our obligations under this contract with you to any third party, provided it does not affect your legal rights (or with your consent) including the ability to sub-license and/or sub-contract our rights and obligations under these Terms to any third party.
Entire agreement: These Terms and PCP set the full extent of our obligations and liabilities concerning the Game and replace any previous agreements and understandings between us.
Governing law and Disputes: These Terms shall be governed by and construed in accordance with English law. Any disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts. If you have your habitual residence in the EU, you will also be able to benefit from any applicable mandatory laws of your country of residence. We and you both agree to make reasonable and good faith efforts to resolve any dispute between us informally. Normally, we would suggest that this dispute resolution period lasts 30 days unless exceptional circumstances exist. You and we have the legal right to commence legal claims against each other if we consider it necessary. If you bring a legal claim against us, you should send it to help@treespleasegames.com.