We are Pedagami Studios Pte. Ltd. (“Pedagami Studios”) and these Terms of Service (the “Terms”) govern the relationship between you and Pedagami Studios when you play our games (each a “Game” together the “Games”), a current roster of which can be found on Pedagami Studios' website at www.pedagamistudios.com and/or such other domain names as owned or operated by Pedagami Studios from time to time (our “Websites” and each our “Website”).
We may update these Terms from time to time. Any changes will be notified via a suitable announcement on our Website and/or within each Game. The changes will apply to your use of our Games and our Website after we have given notice. If you do not wish to accept the new Terms you should not continue to use our Games and/or our Website (as applicable). If you continue to use our Games and/or our Website (as applicable) after the date on which the change comes into effect, your use of our Games and/or our Website (as applicable) indicates your agreement to be bound by the new Terms.
We offer our Games to you as standalone applications (or ‘apps’) via mobile and on-line platforms that may include Apple Inc’s ‘App Store’, Google Play, the Amazon Store and the Microsoft Store (the “Platforms”). Our Games may offer you the opportunity to earn or purchase virtual currency and/or virtual goods, together with loot boxes and other in-app purchases (together “Virtual Items”) for use within our Games (see paragraph 10 below).
To play our Games and purchase Virtual Items you promise to Pedagami Studios that:
Copy, licence, sell, trade, alter, create derivative works or otherwise deal with the Games or any Virtual Items;
Use the Games or any Virtual Items for any illegal activities;
Use any bot, robot, spider or other automatic crawling device (or any manual process) to monitor or copy any of our Games and their content;
Use the Games or any Virtual Items to disseminate any information or materials that are obscene, violent, threatening, libellous, discriminatory or otherwise, in Pedagami Studios' opinion, offensive;
Use the Games or any Virtual Items to disseminate any information or materials that would infringe, or might infringe, any intellectual property rights, including those of Pedagami Studios; or
Claim or attempt to claim a refund for Virtual Items you have purchased, either from Apple or from Pedagami Studios, where such claim or attempted claim would be fraudulent or otherwise improper and in any event in breach of these Terms.
If you have an account on any Platform (including an Apple Account) and download or stream our Games (as applicable) you are deemed to accept these Terms. You acknowledge that these Terms: (a) apply from the date on which you first download or stream any of our Games: (b) apply to your use of our Games and Virtual Items: and (c) form a legally binding contract between you and Pedagami Studios.
If you download or stream one of our Games from the Apple Store, you acknowledge that your acceptance of these Terms forms a legally binding contract between you and Pedagami Studios; not with Apple. Pedagami Studios is solely responsible to you for each of its Games and their content; not Apple. Apple’s terms and conditions apply to your use of the Games and your purchase of Virtual Items (the “Apple Terms”). If there is any conflict between these Terms and the Apple Terms, the Apple Terms shall prevail.
Other terms and conditions also apply to your use of our Games, depending on how you access them. For example, if you access our Games through Facebook using its ‘Facebook Connect’ functionality, Facebook’s terms of service may apply and, as noted above, when you download or stream any of our Games, Pedagami Studios' Terms of Service and Privacy Policy apply. From time to time we, or one of our business partners or a third party, may operate a competition or promotion that is subject to additional further terms. The terms of other Platforms may also apply to you. Each of these are “Special Terms”. If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.
In consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence permitting you to download or stream and play our Games for your personal, non-commercial, entertainment purposes on suitable products and devices. Pedagami Studios owns (or has a licence to use) all intellectual property in its Games (including all copyright in the underlying software code and in the visual artwork and graphics and all trade mark rights in the Games’ titles). By using our Games under licence you acknowledge and agree that you do not acquire any intellectual property in our Games.
Pedagami Studios uses its reasonable endeavours to clear all photo, or other content included in its Games. However, if you feel that, in your position as a rightsholder, we haven’t done so, please contact us at support@pedagamistudios.com. If appropriate, we will be happy to credit you accordingly. Should you upload, transmit, create or generate any data or other content in any Game (including text, videos, art ,or other content which you have created) (“User Content”) such User Content will be non-proprietary and non-confidential. If you wish to keep such User Content confidential do NOT upload or transmit it. You grant Pedagami Studios a non-exclusive, perpetual, irrevocable (save to the extent as provided in our Privacy and Cookies Policy), worldwide, royalty-free licence to use such User Content, including to reproduce, distribute, modify, edit, create derivative works of and otherwise exploit such User Content for its own business purposes, including in marketing and promotion. To the extent permitted by applicable law, you waive any moral rights that you may have in any User Content (such as the right to be identified as the author of such User Content or the right to object to particular uses of such User Content). Any User Content that you upload or transmit to Pedagami Studios must: (a) be accurate; (b) not be confidential; (c) be in compliance with applicable law; (d) be free from viruses, adware, malicious code or other spyware; and (e) not infringe any third party intellectual property rights and, where any personal data is included, you must have obtained the consent of the individual whose personal data is being so uploaded or transmitted to do so.
Some of our Games offer an in-game chat facility where you can communicate with other players whilst playing the Games. By using the chat facility you agree to the provisions of this paragraph 9:
Be vulgar, sexual, violent, threatening, harassing, defamatory, hurtful or in any other way objectionable or inappropriate;
Promote or discuss any illegal activities;
Harass, degrade, intimidate or be hateful towards any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Relate to any commercial services, goods or event nor constitute any form of advertising or solicitation (including any form of spamming);
Infringe any third parties’ intellectual property rights, including any copyright or trade marks or misuse confidential information – for example by providing quotes from texts, photos or any other music or video files; or
Impersonate any other person or entity, misrepresent an association with a business or organisation (including Pedagami Studios and the Platform providers) or otherwise be deceptive or misleading.
Discuss, promote or encourage the use of cheats, exploits or associated third party software;
Discuss, promote or engage in the buying, selling or otherwise trading of game accounts;
Discuss, promote or engage in the unauthorised buying, selling or otherwise trading of in-game currency or virtual items;
Encourage other players to break the rules;
Discuss, promote or encourage self-harm or suicide;
Offer or attempt to solicit sexual services;
Engage in sexually-oriented activities or role-playing;
Intentionally attempt to bypass the censors;
Bypass our age gate or submit any information you know to be false.
Pedagami Studios also strongly advises that players do not communicate with other players outside of the Game. Pedagami Studios shall not be liable for any loss or damage suffered by you as a result of you choosing to do so.
Virtual Items can be ‘purchased’ or ‘earned’ in our Games. Pedagami Studios makes available the following Virtual Items:
Pedagami Studios offers you the opportunity to either:
If you purchase or earn Virtual Items your use of them is subject to the following licence together with any Platform specific terms:
The price payable by you for Virtual Items (the “Price”) is indicated within the applicable Game at the time you make your purchase. If you are resident in the European Union, the Price includes any applicable value added or similar sales tax. Pedagami Studios reserves the right to change the Price and specifications for any Virtual Items at any time for any reason.
Pedagami Studios uses its reasonable endeavours to ensure that errors and mistakes do not occur in the Games in relation to pricing and your purchase and use of the Games or Virtual Items. However:
Pedagami Studios reserves the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from Pedagami Studios through the Games or as otherwise expressly authorised. Pedagami Studios reserves the right to refuse any request to purchase Virtual Items for any reason.
Pedagami Studios may cancel a payment and make a chargeback to you, including any transaction fees incurred with payment providers, if it has reason to believe:
If you purchase Virtual Items, then you have the right to withdraw from your purchase within 14 days, commencing on the day after the date of your purchase (a “Cooling-Off Period”). However, please note that if you purchase Virtual Items from Pedagami Studios and choose to download the Virtual Items immediately, the Cooling-Off Period ends once the download of any Virtual Items is complete, due to the nature of these goods.
This means that if you download the Virtual Items straightaway you acknowledge that you will therefore no longer have the right to cancel them.
If you would like to exercise your rights under the cooling off period please send an email to support@pedagamistudios.com and the Virtual Item will be removed from your account and any monies paid shall be refunded.
Payment methods accepted by Pedagami Studios are as per those payment methods provided by the Platforms within the Games at the point of sale.
Your rights regarding refunds of Virtual Items are set out in these Terms (see paragraphs 11(a), 11(f), 13(b) and 16. We share certain data with Apple relating to your purchase and use of Virtual Items (see our Privacy Policy) so that, if you request a refund from Apple, Apple will have the information required to determine whether the refund should be approved. In addition, Pedagami Studios employs a number of fraud detection measures to identify, among other things, improper refund requests. If we find that a player has improperly claimed or tried to claim refunds to which they are not entitled under these Terms, either via Apple or directly to Pedagami Studios, we may at our sole discretion suspend (block) or terminate that player’s account without notice. You acknowledge that if we terminate a player’s account, all Virtual Items purchased by and saved progress of that player are lost.
Nothing in these Terms shall exclude or restrict Pedagami Studios' liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation or for any other liability that Pedagami Studios cannot exclude or limit under applicable law.
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 19, Pedagami Studios provides the Games to you on an ‘as is’ basis. Pedagami Studios does not represent or warrant that access to the Games will be uninterrupted, reliable or fault free. Pedagami Studios does not represent or warrant to you that the Games will be accurate, complete or reliable. While Pedagami Studios shall endeavour to ensure the Games are available to you 24 hours a day, Pedagami Studios will not be liable to you if for any reason any Game is unavailable at any time or for any period.
Access to the Games may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Pedagami Studios' control. Pedagami Studios may also need to modify or maintain the Games, or any part of them (including Virtual Items), at any time. If this need arises, Pedagami Studios may suspend access to the Games or any part of them or stop providing a Game, or any part of a Game, indefinitely. For example, Pedagami Studios may occasionally be required to make edits to Virtual Items or in-Game components in order to correct inaccuracies within a Game (such as statistics relating to a particular vehicle or particular vehicle components). Such edits may result in removal of particular Virtual Items or in-Game components.
We both acknowledge that Platform providers have no obligation whatsoever to provide you with any support or maintenance services in relation to the Games.
Subject to paragraph 19, Pedagami Studios will not be liable to you (whether in contract, tort or otherwise and whether or not due to its negligence) for:
In the event of any loss or damage to content or your equipment (including data), your sole remedy shall be for Pedagami Studios to use its reasonable endeavours to restore the lost or damaged data or content from the latest back-up maintained by Pedagami Studios. Pedagami Studios may not, however, be able to restore lost or damaged content if an update has been made to a Game where such content is no longer able to be made available (for example due to the previous content being inaccurate).
Subject to paragraph 19, Pedagami Studios' maximum aggregate liability to you in respect of your use of the Games shall be the amount of any fees paid by you to Pedagami Studios during the 3 month period preceding the date on which the act or omission causing the liability arose in respect of that Game.
You agree that each of these exclusions and limitations is reasonable having regard to the nature of the Games. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of our contract with you.
Pedagami Studios may generate revenue from your playing of the Games by advertising goods and/or services of third parties including:
Certain links, including hypertext links, from the Games and from any social networking platform you are using may take you outside the Games and any social networking platform from which the Games are accessed. This does not imply endorsement by Pedagami Studios of the linked site, its operator or its content. You acknowledge that Pedagami Studios does not control the content on such websites and 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.
Pedagami Studios may in its absolute discretion:
Pedagami Studios may assign its rights and/or transfer its obligations under this contract with you to any third party including the ability to sub-license and/or sub-contract its rights and obligations under this contract with you to any third party. You acknowledge and agree that if you purchase the Games or Virtual Items through an Apple Account that Apple and its subsidiaries are third party beneficiaries of this Agreement and may enforce its terms and conditions against you.
All notices which are required to be given under these Terms shall be in writing and shall be sent to the postal address or email address of the party as follows:
If any provision in these Terms is, in whole or in part, held by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under any enactment or rule of law then that provision or part thereof 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.
These Terms shall apply between us in respect of the matters described herein to the exclusion of all other terms (including any terms and conditions that you purport to apply) other than Special Terms described in paragraph 6. You shall not be entitled to rely on any agreement, understanding or arrangement which is not expressly set forth in these Terms.
These Terms shall be governed and construed in accordance with laws of the Republic of Singapore. If you are a consumer and reside outside the Republic of Singapore you may be able to benefit from additional protections afforded to you by the mandatory provisions of the law of your country of domicile/residence. Any disputes arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Republic of Singapore courts.
Please contact us immediately using our contact details at paragraph 35 below if you:
Pedagami Studios will then consider your concerns and decide whether to take action and whether or not any other player has in Pedagami Studios' opinion, breached any of these Terms. Pedagami Studios will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. Where you have purchased the Games or Virtual Items through an Apple Account, we both acknowledge that Apple has no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property in the Games.
Please contact us by email at support@pedagamistudios.com.