1.1 These terms and conditions govern your use of our website at asciiworks.com as well as our device applications and serverware (collectively and individually referred to in this policy as "our websites".
1.2 By using our websites, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our websites.
1.3 If you register with our websites, we will ask you to expressly agree to these terms and conditions.
1.5 Our websites may use cookies; by using our websites or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
2.1 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the intellectual property rights in our websites and material on our websites; and
(b) all the intellectual property rights in our websites and the material on our websites are reserved.
(a) view pages from our websites in a web browser;
(b) download pages from our websites for caching in a web browser;
(c) print pages from our websites; and
(d) stream audio and video files that are published on our websites to media player software on your personal computer or mobile device, subject to the restrictions set out in these terms and conditions.
(a) republish material from our websites (including republication on another website);
(b) sell, rent or sub-license material from our websites;
(c) show any material from our websites in public;
(d) reproduce, duplicate, copy or otherwise exploit material from our websites for a commercial purpose; or
(e) redistribute material from our websites, except for content specifically and expressly made available for redistribution.
3.1 You must not:
(a) use our websites in any way or take any action that causes, or may cause, damage to the websites or impairment of the performance, availability or accessibility of the websites;
(b) use our websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our websites without our express written consent;
(e) access or otherwise interact with our websites using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt files for our websites; or
(g) use data collected from our websites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.1 If you register for an account with our websites, you will be asked to choose a password
4.2 You must not use your account for or in connection with the impersonation of any person.
4.3 You must keep your password confidential.
4.4 You must notify us in writing immediately if you become aware of any disclosure of your password or unauthorised use of your account.
4.5 You are responsible for any activity on our websites arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
4.6 You must not use any other person's account to access the websites, unless you have that person's express permission to do so.
4.7 Subject to Section 7.5, we may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details, at any time in our sole discretion without notice or explanation, subject only to the express provisions of these terms and conditions.
5.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our websites, or that you submit to us for storage or publication on, processing by, or transmission via, our websites.
5.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
5.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
5.4 You grant to us the right to bring an action for infringement of the rights licensed in Section 9.2.
5.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
5.6 You may edit your content only to the extent permitted using the editing functionality made available on our websites.
6.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our websites;
(b) that the material on the websites is up to date; or
(c) that the websites or any service on the websites will remain available.
7.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
(a) are subject to the preceding Section; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
8.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our websites.
9.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our websites;
(c) permanently prohibit you from accessing our websites;
(d) block computers using your IP address from accessing our websites;
(e) contact your internet service providers and request that they block your access to our websites;
(f) commence legal action against you, whether for breach of contract or otherwise;
(g) delete, unpublish or edit any or all of the content that you have stored, posted or published on our websites; and/or
(h) suspend or delete your account on our websites.
10.1 Our websites may include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
10.2 We have not control over third party websites or their contents, and subject to Section 8.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
11.1 Ascii Works Ltd, Ascii Works, AW Games, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
11.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
12.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.
12.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions will apply to the use of our websites from the date of their publication on the websites, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
13.3 If you have given your express agreement to these terms and conditions, we may ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the websites, and you must stop using the websites.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
17.1 Subject to Section 12.1, these terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our websites and supersede all previous agreements between you and us in relation to your use of our websites.
18.1 These terms and conditions shall be governed by and construed in accordance with English law.
18.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
19.1 We will not file a copy of these terms and conditions specifically in relation to each user and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our websites. We recommend that you consider saving a copy of these terms and conditions for future reference.
19.2 These terms and conditions are provided in the English language only.
20.1 This website is owned and operated by Ascii Works Ltd.
20.2 We are registered in England under registration number 7772016.
20.3 Our VAT registration number is 122 8613 32.
20.4 Our registered office and principal place of business is 6 Prestwick Close, Washington, Tyne and Wear, NE37 2LP.
20.5 You can contact us by writing to any address given above, or by using our website contact form.