The Island: Survival Challenge – Terms of Use


Introduction

The Island Game – Terms of Use

Welcome to The Island: Survival Challenge mobile game (the "Game").  The Game is owned by Shine TV Limited (“Shine”) and brought to you by Endemol Shine UK Ltd (“ESUK”).  Shine is a company registered in England and Wales with its registered office at Shepherds Building Central, Charecroft Way, Shepherds Bush, London W14 0EE with registered number 06978553 and ESUK is a company registered in England and Wales with its registered office at Shepherds Building Central, Charecroft Way, Shepherds Bush, London W14 0EE.

Any reference to "you" or "your" means you as a player of the Game. Any reference to “we”, “our” and “us” means ESUK.  For our contact details please see the end of these Terms and Conditions.

  1. Terms and Conditions:

1.1  These Terms and Conditions: (i) set out important information regarding your rights, obligations and the restrictions that apply; and (ii) govern the relationship between you and us, when you install, access and/or play the Game.

1.2  You should read these Terms and Conditions carefully. By installing, downloading, accessing and playing the Game on a mobile device, you agree to be legally bound by them. If you do not agree with any of our Terms and Conditions then you should not install, download, access or play the Game.

1.3 Where relevant, these terms shall also apply to any other services that we may provide in relation to the Game, such as customer support, social media, community channels and other websites that we may operate from time to time

1.4 Please also read our Privacy Policy and Cookies Policy, forming part of these Terms and Conditions.

1.5 These terms are made available via the app store or platform that you download our Game from such as the Apple App Store and Google Play (the “App Store”), and on our website at www.theislandsurvivalchallenge.com (the “Website"). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy.

1.6 By installing, downloading, accessing and playing the Game, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms and Conditions with your parent or guardian and bill payer where you choose to purchase Premium Currency (as detailed below) and he or she assents to these Terms and Conditions on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to instal, download, access and play the Game. If you do not have permission from your parent of guardian, certain features and functionality of the Game may be disabled. Information regarding use of your personal information can be found in the Privacy Policy.

 

  1. Licence:

2.1  Subject to these Terms and Conditions we hereby grant you a non-exclusive, non-transferable, non-sub-licensable, revocable limited license to use the Game for your personal, non-commercial use for gameplay on your mobile and/or tablet device. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Game. The terms of your licence shall commence when you install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or our termination of this licence.

 

2.2  All rights and title in and to the Game (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions and audio-visual effects) are owned by Shine or its licensors. The Game is protected by international copyright, design, patent, and trade mark laws, international conventions and other laws protecting intellectual property and related proprietary rights. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Game.

 

2.3  Any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the content of the Game other than in accordance with these Terms and Conditions is prohibited and will constitute a copyright infringement.  You may view and download any materials and information made available to you through the Game subject to the following conditions:

2.3.1    the material and information may only be used for your personal and non-commercial purposes;

2.3.2    the material and information shall not be reproduced or included in any other work or publication in any medium;

2.3.3    the material and information may not be modified or altered in any way;

2.3.4    the material and information may not be distributed, sold, published, publicly, performed, transmitted or displayed to a third party; and

2.3.5    you may not remove any copyright or other proprietary notices contained in the material or the information.

2.4 We have the right to deploy or provide patches, updates and modifications to the Game as needed. These patches, updates and modifications may be necessary for the user to continue to play the Game. For these purposes, we may from time to time update the Game remotely, without your knowledge or specific consent, and you hereby grant to us your consent to deploy and apply such patches, updates and modifications to the Game.

 

2.5  This licence will terminate automatically if you fail to comply with its terms and conditions or if you attempt to circumvent any technical protection measure used in connection with the Game. In such event you must destroy all copies of the Game and all of its complement parts and cease and desist from accessing any components of the Game.

 

  1. Playing the Game:

3.1  The Game is currently available to download from the App Store and is free to play. You acknowledge that the Game is not a competition and that there is no prize available to be won from playing the Game.

3.2 The specific game rules, scoring rules, controls and guidelines for the Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.

3.3 The Game may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Premium Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Premium Currency are at our sole discretion. We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you. Premium Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services. Premium Currency cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed as part of the Game. Premium Currency is non-refundable, and you are not entitled to a refund for any unused Premium Currency. You do not own Premium Curreny and/or Virtual Items but instead you purchase a limited personal revocable licence to use them - any balance of Premium Curreny and/or Virtual Items does not reflect any stored value

3.4 Payment for the Premium Currency is made directly by you to the App Store and is covered by the applicable App Store terms and conditions.

3.5 You agree that all sales of Premium Currency and Virtual Items are final. No refunds will be given, except in our sole and absolute discretion. We have no liability for hacking or loss of your Premium Currency or Virtual Items or any goods or services obtained via Premium Currency. We have no obligation to, and will not, reimburse you for any Premium Currency or Virtual Items obtained via Premium Currency. We reserve the right, in our sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Premium Currency or Virtual Items and to refuse to provide you with any Premium Currency or Virtual Items.

3.6 Premium Currency may have an expiration date. Premium Currency and Virtual Items may be forfeited if: (a) your account or access to the Game is terminated or suspended for any reason; (b) you breach these Terms and Conditions; (c) we discontinue availability of the Game; or (d) you disassociate from the Game.

3.7  You are responsible for all costs associated with your use of the Game and the Premium Currency including but not limited to mobile network usage costs, data usage costs and costs associated with your internet provider.  We accept no responsibility for any charges you may incur.  We recommend that for a better game experience, and to reduce any mobile network charges you might incur, you use an available wireless network. 

3.8  To use and play the Game you do not need to register with us or otherwise provide any personal information.  However in order to help us monitor, analyse and improve our digital products and services the Game contains analytics software that allows us to collect anonymous statistical information about how you play the Game.  It also helps us to identify any problems so that we can promptly fix them.  These metrics will be associated with a completely anonymous unique identifier generated for your device that is created when the metrics are first sent.  This cannot be cross-referenced with any other information that can personally identify you.  If your device is not connected to the Internet no data will be sent until a connection is re-established. The information is completely anonymous and is safe and secure and will never include any sensitive details. It is used only by Shine and ESUK or the trusted partners we work with. To read more about what information we collect and how we use and store it see our Cookies Policy  By installing and using the Game, you hereby confirm that you consent to us collecting and using this anonymous statistical information. If you have any further questions about the use of the analytics software in the Game and the information it collects, please contact ESUK on theislandsurvivalchallenge@endemolshineuk.com.

  1. Restrictions on Your Use of the Game:

4.1  You will not do anything that may cause damage to the Game or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data or penetrate or attempt to penetrate the Game's security measures.

4.2  You agree to compensate us in respect of any damages or losses suffered by us as a result of any claim or legal action brought against us by any third party in respect of any matter arising from your use of the Game in breach of these Terms and Conditions or from your violation of any applicable law or regulation.

4.3  We reserve the right to suspend, restrict or terminate your access to the Game at any time at our sole discretion.

4.4  We may also ban or suspend you (at our discretion) as a player of the Game if you do not comply with these Terms and Conditions.

  1. Third-Party Products, Services and Links:

5.1 Shine and ESUK may offer third-party products through the Game. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.

5.2 The Game may include hyperlinks to other websites over which Shine and ESUK has no control. Shine and ESUK is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.

  1. Piracy:

6.1  The Game uses security technology to protect the material and content contained in the Game. You may not attempt to, or assist, any other person to remove or otherwise alter or interfere with any security technology used in connection with the Game, nor may you permit or assist in any way any third party to use the material or content made available by us via the Game in an unlawful manner or in a manner which could infringe the rights of, or restrict or inhibit the use and enjoyment of the Game by, any third party.

  1. Privacy, Data Protection and Registration:

7.1 For information on how we use your personal information please see our Privacy Policy http://www.theislandsurvivalchallenge.com/privacy.html

7.2  The App Store’s relevant privacy policies and terms and conditions shall also apply in respect of any personal information you have supplied to the App Store to enable your download of the Game and/or purchase of PC and/or push notifications in respect of the Game.

 

  1. Our Legal Obligations and Our Limits on Liability:

8.1 To the maximum extent permitted by applicable law the Game is provided on an 'as is' and 'as available' basis without warranties of any kind. We do not guarantee that the Game will be available on your mobile phone, device or from the App Store and we cannot promise that the Game will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The Game may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control, or otherwise at our sole discretion. We will not be liable to you or to any other person in the event that the Game is discontinued, modified or changed in any way.

8.2  We reserve the right to change the Game or delete content and/or features and/or any of part of the Game in any way, at any time, and/or for any reason as we may elect from time to time.

8.3       The latest version of the iOS software is recommended to be able to access all updates for the Game (if obtained through the App Store) and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.  The Game is compatible with Apple iOS versions 9.3 or above mobile handset devices and Google Android version 6.0 or above

8.4  We do not accept any liability for:

8.4.1    any damage or loss caused to you; and/or   

8.4.2    any loss or damage which may result from playing the Game including without limitation loss due to any computer virus or viruses which may infect your computer equipment and/or your mobile or tablet device as a result of your access to or use of the Game; and/or

8.4.3    any failure, any suspension and/or any termination of access to the Game arising out of a force majeure event (in these Terms and Conditions, a "force majeure" event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of god, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents); and/or

8.4.4    any claims brought against you by a third party.

8.5 We are not responsible for the security of any third party platforms (including without limitation the App Store, Twitter and Facebook) nor the processing of any personal data on these platforms.

8.6  These Terms and Conditions shall not make us responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Game.

8.7 Nothing in these Terms and Conditions will restrict your statutory rights as a consumer or limit our liability for death or personal injury resulting directly from our negligence or for fraud.

 

9  Severance:

9.1 If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.

 

10 Law and Jurisdiction:

10.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction over any disputes.

 

11  General:

11.1 The Game uses

- Unity – Game development platform

- Fyber – which is an ad-serving programme. https://www.fyber.com/

- Google Firebase – which is an analytics programme https://firebase.google.com/

- TextMeshPro – Unity add-on

https://assetstore.unity.com/packages/essentials/beta-projects/textmesh-pro-84126

  • SimpleAndroidNotifications – to send in-game notifications

https://assetstore.unity.com/packages/tools/integration/simple-android-notifications-71294

  • DOTweenPro – Unity add-on

https://assetstore.unity.com/packages/tools/visual-scripting/dotween-pro-32416

  • PinwheelFantasyEffectFreePack1 – Unity add-on

https://assetstore.unity.com/packages/vfx/particles/pinwheel-fantasy-effect-free-pack-1-51089


11.2 These Terms and Conditions were last updated on 5 April 2018 . Please note that we may update and amend these Terms and Conditions from time to time and any changes will be posted on the theislandsurvivalchallenge.com website and in the help section of the Game. However, it is your responsibility to ensure you review these Terms and Conditions regularly to familiarise yourself with any changes. We will not file or store a copy of these Terms and Conditions for each transaction by you via Game. We therefore recommend that you store or save a copy of these Terms and Conditions for future reference.

12 Contact Details:

12.1 You can e-mail ESUK with any questions, queries or complaints at theislandsurvivalchallenge@endemolshineuk.com or you can write to ESUK at The Island Survival Challenge, Digital Team, Endemol UK Ltd, Shepherds Building Central, Charecroft Way, Shepherds Bush, London W14 0EE

  1. Notices:

13.1 Copyright Notice: © 2018 Shine TV Limited. All text, graphics and other content in this Game is the copyright of Shine TV Limited and Bear Grylls Ventures LLP.