CLUMSY BEAR
STUDIO

Terms And Conditions

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Clumsy Bear Studio, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, "User" or "Users" means any third party that accesses the Website and is not either (i) employed by Clumsy Bear Studio and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Clumsy Bear Studio and accessing the Website in connection with the provision of such services.

Intellectual Property and Acceptable Use

All Content included on the Website, unless uploaded by Users, is the property of Clumsy Bear Studio, our affiliates, or other relevant third parties. In these terms and conditions, "Content" means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website, you acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo, or service mark displayed on the site without the owner's prior written permission.

You may, for your own personal, non-commercial use only, do the following:

a. Retrieve, display, and view the Content on a computer screen.

You must not otherwise reproduce, modify, copy, distribute, or use for commercial purposes any Content without the written permission of Clumsy Bear Studio.

Prohibited Use

You may not use the Website for any of the following purposes:

a. In any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website.

b. In any way which is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of any applicable law, regulation, or governmental order.

c. Making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Clumsy Bear Studio or that of our affiliates.

We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Availability of the Website and Disclaimers

Any online facilities, tools, services, or information that Clumsy Bear Studio makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. Clumsy Bear Studio is under no obligation to update information on the Website.

Whilst Clumsy Bear Studio uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses, and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details, and their computers.

Clumsy Bear Studio accepts no liability for any disruption or non-availability of the Website.

Clumsy Bear Studio reserves the right to alter, suspend, or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of Liability

Nothing in these terms and conditions will:

a. Limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable.

b. Limit or exclude our or your liability for fraud or fraudulent misrepresentation.

c. Limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Clumsy Bear Studio accepts no liability for any of the following:

a. Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities.

b. Loss or corruption of any data, database, or software.

c. Any special, indirect, or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Privacy and Data Collection

We do not collect personal data in the game itself. However, we may collect personal data through the Website for the purposes of paid advertisement and newsletter subscription.

We use social media pixels from Meta, TikTok, Google, etc., to track user behaviour on our Website to improve our marketing strategies. By using our Website, you consent to the use of these tracking technologies.

We collect email addresses through Mailchimp for the purpose of sending newsletters and updates about our games. Users may opt-out of these communications at any time.

Clumsy Bear Studio Details

Clumsy Bear Studio is a company incorporated in England and Wales with its registered address at Preston Park House, South Road, Brighton, East Sussex, England, BN1 6SB. You can contact Clumsy Bear Studio by email at legal@clumsybearstudio.com.