TERMS AND CONDITIONS FOR USE OF CODEMASTERS WEBSITES
- Terms & Conditions
- Privacy Policy
- Cookie Information
- Naming Policy
- Codemasters Terms of Service for applications downloaded for Mobile devices through the Apple Store and Google Play Store
By accessing this Website, you agree to be bound by the terms and conditions appearing in this document and you accept our Privacy Policy. If there is anything you do not understand please email any enquiry to [email protected].
In these terms and conditions "We/us/our/Codemasters" means The Codemasters Software Company Limited, "Website" means the website located at www.codemasters.com (or any subsequent URL which may replace it) and all associated websites and micro sites of Codemasters and "You/your" means you as a user of the Website.
You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; You agree not to attempt any unauthorised access to any part or component of the Website; and You agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.
We may alter these terms and conditions from time to time, and your use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The Website is Copyright, The Codemasters Software Company Limited. All rights reserved.
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hypertext link.
Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
These Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
You agree to the terms of our privacy policy.
These Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
You may send us notices under or in connection with these Conditions by post to Lower Farm, Stoneythorpe, Southam, Warwickshire, United Kingdom; by fax to +44 (0)1926 817 357, by telephone to +44 (0)1926 814 132 or by email to [email protected]. As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which should be retained by you.
RULES FOR THE USE OF CODEMASTERS' FORUMS
As a user of Codemasters forum, chat room or message board ("Online Services") you confirm that you have read, understand and agree to these Rules, Codemasters' Terms and Conditions Of Use of its website and you agree to the terms of Codemasters' Privacy Policy. If you do not agree, do not use Codemasters' Online Services, or if you are already using Codemasters' Online Services, please stop immediately.
Codemasters' Online Services are not actively monitored and Codemasters is not responsible for the content of any messages that are posted. Codemasters has the right, but not the obligation, to monitor any activity and content associated with the Online Services. Codemasters does not vouch for or warrant the accuracy, completeness, or usefulness of any message. The messages express the views of the author of the message, not the views of Codemasters. Codemasters reserves the right, in its sole discretion, to edit, delete, or refuse to post any message or thread for any reason whatsoever.
Any user who feels that a posted message is objectionable should contact Codemasters by sending an email to [email protected]
You agree that you will not upload, post, email or otherwise transmit any material that may infringe any person or entity's intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right).
You agree not to upload, post, email or otherwise transmit any material which (a) is defamatory, libellous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law, (b) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, (c) may infringe any person or entity's intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right). By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.
By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.
You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
You agree not to repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images.
Without Codemasters' written permission you will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
Postings to Online Services become public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.
Codemasters reserves the right to issue warnings, suspend or terminate the registration of users who refuse to comply with these rules. Codemasters may modify these rules from time to time and such modifications will be effective and binding on you when posted online.
You will remain solely liable for the content of any messages or other information you upload or transmit.
By using Codemasters' Online Services, you grant Codemasters the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the content you post to publicly accessible areas of the Codemasters.com site.
Codemasters may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that is suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
Recognising the global reach of the internet, you agree to comply with all local rules regarding online conduct and acceptable content.
WE TAKE PRECAUTIONS WITH CUSTOMER INFORMATION AND PERSONAL DATA, HOWEVER, EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY SECURITY BREACHES THAT MAY OCCUR.
PRIVACY POLICY - Codemasters EUROPEAN PRIVACY NOTICE
Codemasters respects your privacy. This document explains our policy relating to your personal data that is provided to us. 'Codemasters' is the trading name of The Codemasters Software Company Limited whose registered office and headquarters are at Codemasters Campus, Stoneythorpe, Southam CV47 2DL, United Kingdom. The website is www.codemasters.com (the "Site"). Codemasters develops and publishes computer and video games (“Games”) playable on a variety of formats, systems and devices (“Devices”) and also provides services to prospective clients and clients (“Services”). When interacting with our Site or any of our Games we may collect personal data from you. By using this Site and/or playing our Games you agree:
- that all personal data that you supply to us will be true, complete and accurate in all respects;
- to notify us immediately of any changes to that personal data; and
- to us and our service providers using your personal data as outlined in this privacy policy.
We will deal with your personal data in compliance with current UK data protection legislation. Please note this Policy applies only to the Site, our Services and our Games and not to other companies' or organisations' websites to which we may link. Personal data will be collected, processed and used by Codemasters for the purposes of providing Codemasters' services and products to you and the other purposes mentioned below. You can contact us using the information in the contact us section.
Your personal data
Codemasters intends to comply with all applicable privacy regulations that apply in the territories in which the company operates.
Codemasters understands your concerns about the privacy of data you may provide to us, to a third party representative acting on our behalf (a list of our third party representatives can be provided on request) or which we obtain through your use of the Codemasters Site , the Games or the Services we provide. This Notice is not intended to override the terms of any contract you have with us, nor any rights which you may have available under applicable data protection laws.
Information we may collect
We may collect the following information about you:
- your name, address, telephone number, e-mail address and location;
- registration and usage information (including account details and passwords);
- information about your visits to our Site (including traffic data, location data, weblogs, browsing history, clickstream data and date/time stamps) (collected automatically when you visit);
- information about your Device (including device ID, device type and model, operating system and software types and versions, language, browser type and display type, MAC address, IP address and bundle ID) (collected automatically when you visit);
- demographic and profile data and analytical game data (data points collected vary by product);
- details of correspondence with you (including any comments or feedback provided by you about our Site), Games or Services;
- location information, such as your country or address, when you provide it or via Device information (such as an IP address) and with your consent, where required by law, we can also collect information about your Device’s precise location
How we use the information we collect
Where relevant under applicable laws, the use of your Personal Data will be justified by at least a condition for processing. In the majority of cases this condition will be that:
- You have provided your consent to us using the Personal Information in that way for example where you provide us with consent to send you marketing communication about our products and services;
- Our use of your Personal Information is in our legitimate interest as a commercial organisation. For example, we use cookies to track information about how the Site is used in order to continually improve its layout based on how you and other users interact with its content, and to personalise it to the user (for example, by showing content or a language which is relevant to your geographic location), provided it is conducted at all times in a way that is proportionate, and that respects your privacy rights;
- Our use of your Personal Information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to manage your account); and/or
- Our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation.
We may use the information that we collect about you for the following purposes:
- to answer your specific enquiry or respond to your complaints. For example if you contact us with a technical question, we will use your contact information and technical information in resolving the issue
- providing and managing the services that we offer, including where you register for the same;
- allowing you to participate in our Site features, activities
- account verification and clearance;
- Direct marketing letting you know about products and services that may be of particular interest to you. With your permission we may also provide you with information from third parties that we think may be of interest to you. If you would rather not receive this information (opt out), please visit the website or send an e-mail to: [email protected]
- administering surveys and opinion polls. Participation is always voluntary and on occasion we may offer an opportunity to win prizes as a thank you for your time and effort
- managing Codemasters' competitions and/or promotions and your registration for the same. Our competitions and promotions may be subject to additional terms and conditions (which may also involve how we handle your personal data). You should read any applicable terms and conditions before entering our competitions or promotions;
- technical and usage information/analytics. Our success relies on us producing games that our customers want to play. To help us to ensure we make the very best games we may collect and analyse the data that we hold to find out what is most likely to appeal to individual customers of our Games, the Site and Services this will enable us to enhance Codemasters Games or services and this information will also enable us to detect cheating and activities that ruin the experience of players using our games, security risks, fraud and other unlawful activity;
- business and website analysis and improvement;
- on-site and in-app advertising and promotion of our goods and services and those of our service providers and trusted third parties;
- website, system administration and account verification;
- Leader boards, nicknames and club name / club information;
- to answer or satisfy legal or regulatory requirements; and
- when you interact with third party social networking features to serve you with advertisements and engage with you on third party social networks (we encourage you to review the privacy notices/policies of these social networks to enable you to opt out of such activities)
- if you register for our RaceNet service we will use information from your engagement with the Games to link to your RaceNet profile (some of this information will be accessible only to you unless you tell us otherwise by changing your RaceNet privacy settings)
We have and we will continue to build features in our Games that disable non-essential Game data that would otherwise be used for analytics and give you the choice of turning such data collection ‘off’.
Visitors to our web sites
On our Site, Personal Information (such as your name, address, telephone number, or email address) is collected when you voluntarily submit it through a Site form, such as during a request for product information or a download of a study or white paper. Other information that may also constitute Personal Information (such as your browser type, operating system, IP address, domain name, number of times you visited the Site, dates you visited the Site, and the amount of time you spent viewing the Site) may be collected via cookies and other tracking technologies (such as transparent GIF files). Aggregate Information (such as how many times visitors log onto this Site) may also be collected.
Representatives of prospective and existing clients
We may collect, store and process Personal Information of clients of Codemasters, solely on our customer's behalf and at their direction. For such purposes, we serve as and shall be considered as a controller of such personal information.
Personal Information may also be collected directly by us or by our representative when you enter into a contract with us or contact us to make enquiries or complaints via telephone, email or by post. We or a Codemasters representative may collect your business contact details and information about your profession or your employees, as well as information about you if you attend meetings or events or sign up to our newsletters.
Children
We do not knowingly collect personal data from or about children under 13 years of age. If you are under 13 years old, you must not provide any information about yourself or your friends via this Site (including your name, address, telephone number, e-mail address or any screen name or user name you may use).
You are responsible for all use made of the Site via your device. If we learn or have reason to believe that we have collected or received personal data from or about a child under 13 without verified parental consent, we will delete that information and may take action to prevent any further information being collected about them (including restricting access to and/or use of the Site from your device). If you believe we might have any information from or about a child under 13 years old, please contact us using the contact details below.
Security
Codemasters has implemented measures to keep your personal data secure. However, we cannot guarantee that the personal data that is transmitted via the Internet is totally secure. Sharing your personal data via the Internet is done at your own risk.
If you are a registered user, you are responsible for keeping your password confidential. You should not share your password with anyone.
Sharing your personal data
We may share your personal data with our service providers for the purposes outlined in this policy. Our service providers include tech entities that provide Codemasters with software development kit ("SDK") or other services. Typical service providers that we may use include (not an exhaustive list):
- Amplitude and Unity (for analytics Services)
- Bidstack Limited: Please read through the Bidstack privacy policy to understand how they use your data. This can be found via their website at https://www.bidstack.com/privacy-policy
- Chartboost, Inc. To find out more about Chartboost's services and to see their privacy policy, please visit their website at https://www.chartboost.com
- Facebook (for social networking and/or Advertisments)
- Flurry Analytics. Please read the Flurry Privacy Policy, which can be found via the their main web site at http://www.flurry.com, to understand how your data is used by Flurry
- Fuse Powered Inc. Please read the Fuse Privacy Policy to understand how your data is used by Fuse Powered Inc., this can be found via their main web site at https://www.fusepowered.com
- Gamesparks. To find out more about Gamesparks' services and review their privacy policy, please visit their website at http://www.gamesparks.com
- Google AdMob (for Advertisements)
- Helpshift (for customer support)
- Medium Entertainment, Inc. which provides the PlayHaven platform. Please read the PlayHaven Privacy Policy to understand how your data is used by Media Entertainment, Inc., this can be found via their main web site at http://www.playhaven.com
- Tapjoy. To find out more about Tapjoy's services and to see their privacy policy, please visit their website at http://www.tapjoy.com
- UnityAd (for Advertisements)
These service providers may also handle your personal data in accordance with their own privacy policies. Before submitting any information via the Site, you should take a look at these web links to make sure you are comfortable with the way your personal information will be used. By using the Site, you consent to the use of your personal information by these service providers as outlined in their respective privacy policies.
Your information may be shared with advertisers to provide you with targeted and relevant advertising. Aggregate information about users may be provided to third parties: this will not identify you individually to those third parties.
We will not rent or sell your personal information without your permission (other than as part of a sale of the whole or a substantial part of the assets of Codemasters).
Codemasters may also disclose your personal data if it believes such action is necessary to:
- conform with a legal requirement or request from an appropriate law enforcement organisation or comply with the legal process
- to enforce the terms and conditions of our Site or any other agreement; or
- protect and defend the rights or property of Codemasters, or the interests of its users and or any third parties
We work with third parties to help manage our business and deliver services. We and our service providers (as defined below) disclose and share your Personal Information:
- among Codemasters and our Affiliates;
- to third party service providers (“Service Providers”) that perform services for us or on our behalf (including those which may process job applicant information, host investor relations content, provide courier services, help manage our IT and back office systems, distribute marketing materials or store data relating to our Games and/or carry out Services on our behalf, such as for customer suport ). Such Service Providers are required under their contract with us, to handle your Personal Information in accordance with applicable laws and principles related to privacy and data protection;
- to a third party in connection with a proposed or actual sale, merger, or transfer of all or a portion of a business or division; and
- to other persons where we are under a legal obligation to disclose your Personal Information, and only as permitted or required by applicable law or regulation. Such disclosure could be made to courts, to respond to lawful requests by public authorities, regulators and law enforcement agencies in the European Union and around the world or to protect and defend our rights or property.
International Transfers
Codemasters Affiliates and Service Providers are located throughout the world. Accordingly, your Personal Data may be sent to countries which have different levels of data protection laws than your country of residence. For instance, if you inquire about services we provide outside the UK, we will forward your inquiry to the appropriate offices in such countries. We may also make other disclosures of your Personal Information overseas, for example if we receive a legal or regulatory request from a foreign law enforcement body.
We will always take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests
- we will only transfer your Personal Information to countries which are recognised as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights,
- any requests for information we receive from law enforcement or regulators will be carefully checked before Personal Information is disclosed
We will, on request, provide you with further details regarding the categories of recipient of your Personal Information and the countries to which your Personal Information may be transferred. You have the right to ask us for more information about the safeguards we have put in place as mentioned above. Contact us as set out in contact us section if you would like further information
How we protect and store your information
We take the security of the information we collect seriously. We have implemented and we maintain technical and organisational security measures, policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the data concerned. Some of the steps we take are: placing confidentiality requirements on our staff members and Service Providers; destroying or permanently anonymising Personal Information if it is no longer needed for the purposes for which it was collected.
Retention of your personal information
We will retain your Personal Information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this Notice. In some circumstances we may retain your Personal Information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax or accounting requirements.
In specific circumstances we may retain your Personal Information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your Personal Information or dealings.
Where we have obtained your Personal Information in order to provide you with marketing information for our services, it will be stored by us only as long as you do not change your mind to receive such materials from Codemasters, in order to avoid future contact with you for marketing purposes. We maintain a data retention notice which we apply to records in our care. Where your Personal Information is no longer required we will ensure that it is securely deleted.
Links and Third Parties web sites
In addition to the information collected offline, this Notice applies to the Personal Information collected on this Site. This Site includes links to both our affiliated web sites and to non-affiliated web sites, including access to content, products and services of such affiliated and non-affiliated sites. In some cases, these other sites are made available via “seamless experience” technology, and may appear to be part of our Site. Although some of the entities controlling these sites are under contract with us, not all of them are, so we advise you to familiarise yourself with the individual privacy notice and other terms for each linked web site prior to submitting your Personal Information. We are not responsible for and do not have control over their terms of use or privacy notices, have not reviewed them and we do not accept any liability with respect to the content of these web sites or how they use, store or secure your Personal Information.
Third Party Advertisements
We may use third party advertisements on this Site. Cookies and other tracking technologies may be associated with these advertisements. Note: Codemasters is not responsible for the functionality of and actions taken by cookies and other tracking technologies created and placed by our third party service providers. In relation to these cookies and tracking technologies, the third party service providers are the data controllers and we advise you to familiarise yourself with their individual privacy policies.
Rights and how to opt out or request changes
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have certain rights in relation to your Personal Data.
- To access personal data
- To rectify / erase personal data
- To restrict the processing of your personal data
- To transfer your personal data
- To object to the processing of personal data
- Right to object to how we use your personal data for direct marketing purposes
- Right to obtain a copy of safeguards used for transfers outside your jurisdiction
- Right to lodge a complaint with your local supervisory authority
We may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
You can exercise your rights by contacting us. We will deal with your request promptly or inform you if we require further information in order to fulfil your request.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Notifications of changes
We recommend that you check this Notice every time you visit our Site or provide us with your Personal Information offline as we may update this Notice from time to time, by posting the amended Notice on this Site. Any changes will be effective when posted and your continued use of the Site or not objecting to the use of your Personal Information will indicate your acknowledgement of any changes.
Questions regarding this Notice
If you have questions concerning this Notice, please contact our website at www.codemasters.com
General
If we change our Privacy Policy we will post the changes on this page, and may place notices on other pages of the Site, so that you may be aware of the information we collect and how we use it. Continued use of the service will signify that you agree to any such changes.
From time to time, this Site may include links to other web sites. We may not be operating the linked sites and we do not endorse the contents, views or products of the linked sites. We do not accept any responsibility for use of the linked sites. You are advised to use linked sites with caution and with due regard to any terms of use on those sites. If you transfer to other sites by using a link from our Site to theirs we may receive aggregate or otherwise anonymous statistical information about your trip and any purchases you may make on those sites. We are not responsible for the privacy policies or content of other web sites and your visit to those sites is not protected by our privacy policy.
It is important for you to let us know if you think that the data we have about you is inaccurate or incomplete. You may remove, change or modify information from our database by emailing: [email protected]. You may also contact us at this email address if you wish to exercise your right to access your personal data.
If you have any questions about the handling or protection of your personal data or your rights under this privacy policy please contact customer services by writing to Codemasters Customer Services at the address below or email to: [email protected]
Codemasters Campus, Stoneythorpe, Southam CV47 2DL, United Kingdom.
COOKIE INFORMATION
We use cookies (information stored by your browser) to track information on the pages read by visitors to our sites to improve the content and offerings on our sites. Cookies are small text files that websites can send to your computer. A cookie can be thought of as an internet user’s identification card, which tells a website when the user has returned. The cookies we use are “analytical” cookies.
They allow us to recognise and count the number of visitors and see how visitors move around our sites when they are using them. Read more about the individual analytical cookies we use and how to recognise them at aboutcookies.codemasters.com. Although we cannot identify individuals from this information, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.
The European Union Directive on Privacy and Electronic Communications 2003, as amended by the Privacy and Electronic Communications (Amendment) Regulations 2016 (the "Directive"), recognises that cookies are a "legitimate and useful tool" for many activities, including verifying the identity of website users. The Directive makes it compulsory for websites to inform users if cookies are being used (which is exactly what we are doing here!), and to provide some information on how cookies are used.
You can find more information on this subject at www.allaboutcookies.org. Lastly, the Directive places an obligation on websites to make users aware that they can set their computers to reject cookies. You can do this by activating a setting in your internet browser to reject all cookies, or to notify you when a cookie is set. You can find instructions on how to do this at www.allaboutcookies.org/manage-cookies/.
Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you first access our websites. However, you should be aware that our websites will not work without cookies and therefore we recommend you leave them turned on.
Codemasters Accounts Naming Policy
When selecting a display name for a Codemasters Account, online game, service, character, team name or object, please be aware of the following restrictions that are NOT appropriate for use:
- Names of historical or religious significance.
- Common names or references to drug related substances, culture or paraphernalia.
- Sexually explicit, defamatory, obscene, racially or ethnically offensive names or slang.
- Globally popular registered trademark names of products, goods, materials or services.
- Names likely to cause harm, mockery or imitation of Codemasters, its employees, partners or third-party agents, or which are defamatory towards or may cause offence or harm to any such organisation or any person employed by them.
- Names causing mockery or imitation of any Codemasters in-game personality or character.
- Misspelled variations or homonyms of any of the above rules.
In certain Codemasters online games, it may be possible for you to purchase a rename for one or more of your avatars via the game shop. Should you choose to do this then all of the above policies still apply. Should Codemasters change the name of an avatar in violation of the above policy as a result of a shop purchase no reimbursement of the purchase price will be given.
Naming Policy Enforcement
If any of your display names, or game avatars are in violation of any of the above naming rules, the Codemasters Accounts Support Team reserves the right to either:
- Change the name to a more suitable alternative. Codemasters will not engage in any dialogue regarding further changes to renamed avatars and the decision of the Codemasters Accounts Support team will be final.
- Temporarily suspend or permanently ban, without notice, your account.
Codemasters Terms of Service for applications downloaded for Mobile devices through the Apple Store and Google Play Store
THE CODEMASTERS SOFTWARE COMPANY LIMITED TERMS OF SERVICE AND END USER LICENSE AGREEMENT FOR MOBILE GAMES AND SERVICES ("EULA")
IMPORTANT - READ CAREFULLY
1. INSTALLING AND ACCESS
1.1 The terms of this EULA govern the relationship between you and The Codemasters Software Company Limited located at Codemasters Campus, Stoneythorpe, Warwickshire, CV47 2DL, United Kingdom (hereinafter "Codemasters " or "Us" or "We") regarding your use of Codemasters mobile game software and includes any applicable updates applied or activities carried out by Codemasters to support, maintain and otherwise run the game as a service (the “Game”). “Codemasters" includes “Affiliates”, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership of Codemasters.
1.2 The Game is licensed, and not sold, and this Agreement confers no title or ownership to the Game or any copy thereof.
1.3 Use of the Game is also governed by Codemasters Privacy Policy, which is incorporated herein by reference. Your privacy is important to us and we encourage you to read the Codemasters Privacy Policy carefully and use it to make informed decisions.
1.4 By creating an account or accessing or using the Game you accept and agree to be bound by this EULA and consent to the collection, use and storage of your information as outlined in Codemasters Privacy Policy.
1.5 You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Game.
1.6 If you do not accept the terms of this EULA, do not install, use or access the Game.
1.7 We do not knowingly collect personal data from or about children under 13 years of age. If you are under 13 years old, you must not provide any information about yourself or your friends via the Game (including your name, address, telephone number, e-mail address or any screen name or user name you may use).
1.8 If we learn or have reason to believe that we have collected or received personal data from or about a child under 13 without verified parental consent, we will delete that information and may take action to prevent any further information being collected about them (including restricting access to and/or use of the Game). If you believe we might have any information from or about a child under 13 years old, please contact us using the contact details below.
2. OWNERSHIP AND LIMITED LICENSE
2.1 The Game is protected by the intellectual property law of England and Wales (including the copyright law), international copyright treaties and conventions and other laws. Codemasters grants you the non-exclusive, limited right and license to install and use one copy of the Game solely for your personal use.
2.2 All intellectual property rights in and to the Game (including but not limited to video, audio, computer code, themes, derivative works, titles, objects, characters, character names, stories, dialogs, catch phrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, ‘applets’ incorporated into the Game and any related documentation) and other content incorporated therein) and title to any and all copies thereof are owned by Codemasters or its licensors, and you receive no right or interest therein other than the limited license in clause 2.1 above.
2.3 You understand that while at times you may "earn" "buy" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Game; or (b) virtual in-game items (together with virtual currency, "Virtual Items"); these real world terms are only being used as shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Virtual Items. The purchase and sale of the limited license referred to in this EULA is a completed transaction upon receipt of your direct payment or redemption a promotional credit, and/or virtual currency. Any "virtual currency" balance shown does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
2.4 Codemasters owns, has licensed, or otherwise has rights to use all of the content that appears in the Game. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Game, including without limitation the Virtual Items appearing or originating in the Game, whether "earned" in a game or "purchased" from Codemasters. Codemasters prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Game, unless otherwise expressly authorized by Codemasters in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of the Game and/or its supporting service, without Codemasters written permission. Any such transfer or attempted transfer is prohibited and void.
3. UPDATES TO THE EULA AND PRIVACY POLICY
3.1 Codemasters reserves the right, at our discretion, to change, modify, add or remove portions of the EULA and Privacy Policy at any time by updating any relevant urls. You may also be given additional notice, such as an e-mail message or messaging within the Game, of any changes. You will be deemed to have accepted such changes by continuing to use the Game and all amended terms shall automatically be effective 30 days after they are initially posted.
3.2 If at any point you do not agree to any portion of the then-current version of the EULA or the Privacy Policy, your license to use the Game shall immediately terminate and you must immediately stop using the Service.
To the extent the EULA and/or Privacy Policy conflict with any other Codematers terms, policy, rules or codes of conduct, the terms contained in the EULA and in the Privacy Policy shall govern.
4. LICENSE RESTRICTIONS
4.1 You agree to only use the Game, in accordance with this license.
4.2 Codemasters may revoke your license to access some features (such as multiplayer over a network) or all features of the Game if you violate or assist others in violating, the license limitations set forth below. YOU SHALL NOT:
Copy the Game and/or its content except as permitted under this licence.
Use the Game, or permit use of the Game, in a network, multi-user arrangement or remote access arrangement, including any online use except as otherwise allowed as a non-commercial private feature of the Game and/or explicitly permitted by Codemasters.
Make copies of the Game or any part thereof, except that you may make one copy of the Game for backup or archival purposes, or make copies of the materials accompanying the Game for non-commercial backup and reference only.
Sell, rent, lease, license, distribute, upload or otherwise transfer or make available to any other person the Game, in whole or in part, or use the Game or any part thereof in any commercial context, including but not limited to using in a service bureau, "cyber cafe", computer gaming centre or any other commercial location in which multiple users may access the Game without the express prior written consent of Codemasters. If required Codemasters may offer a separate site license agreement to permit you to make the Game available for commercial use; see the contact information below.
Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game, in whole or in part.
Remove, disable or circumvent any proprietary notices or labels contained on or within the Game.
Export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations.
Create data or executable programs that mimic data or functionality in the Game.
Create, use, offer, advertise, make available and/or distribute any so called "cheats" that influence and/or facilitate gameplay, including exploits of any in-game bugs, and thereby grant you and/or any other user an advantage over other players not using such methods.
Create, use, offer, advertise, make available and/or distribute any so called "hack" that accesses or modifies the software the Game in a manner not expressly authorised by Codemasters.
Create, use, offer, advertise, make available and/or distribute any code or software not expressly authorized by Codemasters, that can be used in connection with, the Game, and/or any component or feature thereof which changes and/or facilitates the gameplay.
Make improper use of Codemasters support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to support the Game or in any type of attack, including without limitation distribution of a virus, denial of service attacks, or other attempts to disrupt the Game or any other person's use or enjoyment of the Game.
Use the Service or any part thereof for any commercial purpose without Codemasters consent in writing, including but not limited communicating or facilitating any commercial advertisement or solicitation, or gathering or transferring Virtual Items for sale.
Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the support services relating to the Game or that is in transit from or to the Game, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Game to store information about Codemasters game content. Codemasters may, at its sole and absolute discretion, allow the use of certain third party user interfaces.
5. COMMUNICATION SERVICES AND USER GENERATED CONTENT
5.1 Codemasters may provide chat or other communication features as part of the support services for the Game. You agree that YOU WILL NOT:
Post any information/content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Post any information/content that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Codemasters employees, including Codemasters customer service representatives.
Make available any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
Transmit unauthorized communications, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
Solicit or attempt to solicit personal information from other users of the Game.
Collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Game.
5.2 If Codemasters asks for users to set up an account or log-in for the Game or any support features of the Game the above restrictions set out in clause 5.1 shall also apply to any user name or account information.
5.3 If the Game allows for the sharing of any user generated content relating to the Game (“UGC”) the above restrictions set out in clause 5.1 shall also apply to such UGC.
5.4 You are entirely responsible for all UGC you post or otherwise transmit via the Game. Codemasters assumes no responsibility for the conduct of any user submitting any UGC, and assumes no responsibility for monitoring the Game for inappropriate or illegal content or conduct.
5.5 We have no obligation to monitor UGC or communication services. If We choose at any time, in our sole discretion, to monitor the Game or any associated communication services, we have the right, in our sole discretion, to edit, refuse to post, or remove any UGC or post and we may monitor and/or record your interaction with the Game or communications (including without limitation chat text and voice communications) when you are using the Game. By entering into this EULA, you hereby provide your irrevocable consent to such monitoring and recording.
6. THIRD PARTY ADVERTISING
6.1 You understand that the Game may feature advertisements from Codemasters or third parties. Codemasters disclosure of information for third party advertising is addressed in Codemasters Privacy Policy.
6.2 Codemasters may provide links to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Game and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Codemasters makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to or from the Game, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Codemasters and may collect data or solicit personal information from you. Codemasters is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Codemasters of these linked sites.
7. GAME UPDATES AND PATCHES
7.1 From time to time Codemasters may provide updates, patches and other modifications to the Game that must be installed for the user to continue to play the Game properly or at all. Codemasters may update, patch or modify the Game remotely and access the Game residing on your device for such purpose, and you hereby grant to Codemasters the right to deploy and apply such patches, updates and modifications. All provisions of this agreement that refer to ‘Game’ shall also include such patches, updates and modifications.
8. ANALYTICS
8.1 We want to offer you the best gameplay experience as possible and we are constantly striving to improve our products. To help us achieve this we sometimes collect data relating to how you play the game, including what actions you take or selections you make, how long you play for and the performance of our online systems when you connect. This data is anonymised and is only kept for a reasonable period for analysis. For more information, please review our Privacy Policy.
9. LIMITED WARRANTY
9.1 Use of the Game is at your sole risk and is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, satisfactory quality or fitness for a particular purpose (except only to the extent prohibited under applicable law or with any legally required warranty period to the shorter of thirty days from first use or the minimum period required).
9.2 Without limiting clause 9.1, neither Codemasters or its Affiliates, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors warrant that the Game AND any supporting service relating to the Game will be uninterrupted or error-free.
10. LIMITATION ON DAMAGES
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, CODEMASTERS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE GAME AND/OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT CODEMASTERS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CODEMASTERS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE GAME AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE GAME AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10.3 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL CODEMASTERS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID CODEMASTERS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID CODEMASTERS ANY AMOUNTS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING GAME AND RELATED SERVICES.
10.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CODEMASTERS.
11. TERMINATION
11.1 Without prejudice to any other rights of Codemasters, the license shall remain in effect for as long as you use, operate or run the Game. This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must uninstall and destroy all copies of the Game and all of its component parts. You may also terminate this Agreement (and Licence) at any time by destroying the Game and uninstalling it from your applicable hardware device. The sections entitled ‘Ownership and Limited License’, ‘License Restrictions’, Communication Services and User Generated Content, and ‘Limitations on Damages’, ‘Termination’, ‘Injunction’, ‘Indemnity’ and ‘Miscellaneous shall survive any termination of this Agreement.
11.2 Codemasters reserves the right to stop offering and/or supporting the Game or stop any service that supports or maintains the Game at any time either permanently or temporarily, at which point your license to use the Game or a part thereof (or that part of the supporting service) will be automatically terminated or suspended. In such event, Codemasters shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Game and/or its supporting service.
12. INJUNCTION
12.1 As Codemasters would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Codemasters shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Codemasters may otherwise have under applicable laws.
13. INDEMNITY
13.1 You agree to indemnify, defend and hold harmless Codemasters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all claims, damages, losses and expenses (including reasonable legal fees) arising directly or indirectly from your acts or omissions to act in using the Game and/or it’s related services pursuant to the terms of this Agreement.
14. MISCELLANEOUS
14.1 This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.
14.2 It may be amended only by a writing executed by both parties.
14.3 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected.
14.4 Codemasters shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Codemasters, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Codemasters control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
14.5 This Agreement shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.
If you have any questions concerning this license, you may contact Codemasters at:
The Codemasters Software Company Limited, Codemasters Campus,
Stoneythorpe,
Warwickshire,
CV47 2DL,
United Kingdom.
Tel +44 1926 816000
Fax +44 1926 817595