MERCURYSTEAM.COM TERMS AND CONDITIONS OF USE
Last updated 15 April 2012
These terms and conditions apply to all and any use, access and availability of MercurySteam.com. Please read them carefully.
By using MercurySteam.com (and each time you do so) you are telling Mercury Steam that you understand, accept and are able to accept these terms and conditions and agree to be bound by them. If you do not accept or understand them you should not use or access MercurySteam.com or any part of it.
If you are under the age of 16 years and do not understand these terms and conditions please ask a parent or guardian to explain their meaning to you.
Mercury Steam may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from mercurysteam.com.
By using and accessing MercurySteam.com you confirm that you have the necessary hardware, software and capability required and that you shall be and shall remain responsible for all fees due in respect thereof. Mercury Steam shall have no liability in relation to any hardware, software or other services required to make use of MercurySteam.com
REGISTRATION, ACCOUNT AND PASSWORD
In order to use and access parts of MercurySteam.com you will need to register. To register you will need to submit certain information and choose a User Name, and a Password.
The User Name and Password chosen by and issued to you upon registration with Mercury Steam is personal to you so that you can use and access MercurySteam.com.
You agree, accept and understand that:
- you must ensure that all information held about you by Mercury Steam is up to date;
- you can amend your registration details at any time through MercurySteam.com;
- you are and shall remain responsible for maintaining the confidentiality of your User Name and Password;
- you are solely liable for any use of MercurySteam.com using your User Name Password;
- you must not disclose your Password to any other person.
DO NOT SHARE YOUR USER NAME OR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. MERCURY STEAM IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR USER NAME, PASSWORD, OR ACCOUNT OR ANY USE BY ANY THIRD PARTY.IF YOU THINK YOUR USER NAME, PASSWORD, OR ACCOUNT HAVE BEEN COMPROMISED IN ANY WAY, YOU MUST INFORM MERCURY STEAM IMMEDIATELY.
You undertake that all the information supplied during registration is truthful, complete and correct. If the information you have supplied is incomplete or incorrect you agree to indemnify Mercury Steam against any loss or damage incurred by Mercury Steam and any third parties who may suffer damage as a result of the information that you have supplied.
RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
Subject to these terms and conditions and your compliance with them, Mercury Steam grants you a non-exclusive, non-transferable, personal, limited licence to access and use MercurySteam.com solely for your private, non-commercial, personal use only.
This licence includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of MercurySteam.com.
You may not transfer, sub license or deal in this right without Mercury Steam's prior written permission.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership in MercurySteam.com and should not be deemed a sale or transfer of any copyright or other right.
Unless otherwise expressly specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in MercurySteam.com belong to and vest in Mercury Steam, or are licensed to Mercury Steam.
All intellectual property rights of Mercury Steam are hereby asserted and reserved.
All third party trade names and trademarks are the property of their respective owners and Mercury Steam makes no warranty or representation in relation to them.
Mercury Steam does not claim or assert any right title or interest in any third party Communications.
RESTRICTIONS AND OBLIGATIONS
You agree to comply with these terms and conditions and all rules applicable to the use of MercurySteam.com.
Notwithstanding any other provision of these terms and conditions you agree and undertake not to:
- hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of MercurySteam.com or any part of it;
- remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in MercurySteam.com;
- create software which mimics any data or functionality in MercurySteam.com;
- use or deal in MercurySteam.com except as permitted by these terms and conditions;
- use your access to MercurySteam.com, or information gathered from it, for the sending of unsolicited bulk email;
- make any public, business or commercial use of Mercury Steam.com or any part of it;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to MercurySteam.com without Mercury Steam’s prior written permission;
- make MercurySteam.com or any part of it available to any third party (please note this doesn’t stop you from fairly and honestly providing links to MercurySteam.com or showing it to other people);
- display, publish, copy, print, post or otherwise use MercurySteam.com and the information contained therein for the benefit of any third party or web site;
- use or process MercurySteam.com or any part of it unfairly or for any illegal or immoral purpose;
- delete or obscure any copyright or other proprietary notice on MercurySteam.com.
FORUM AND COMMUNICATIONS
MercurySteam.com is an entertainment service and ancillary to this Mercury Steam is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which it is a mere conduit.
The views expressed in any Communications are the views of the individual authors and not those of Mercury Steam unless specified otherwise by Mercury Steam.
Mercury Steam is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
By using MercurySteam.com you acknowledge that Mercury Steam has no responsibility to review the content of any Communications and that all Communications are made available on the basis that Mercury Steam is not required to and does not exercise any control or judgement of their content.
Notwithstanding the foregoing Mercury Steam shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
You agree that Mercury Steam may use, publish, edit, modify and adapt your Communications for any and all purposes relating to MercurySteam.com and the business of Mercury Steam and you hereby grant it an unrestricted non-exclusive right and licence and all necessary permissions, consents and licences required for it to use your Communications in that way. You further waive all so called moral rights in your Communications.
You agree and undertake that you will not make any Communication or post to or transmit to MercurySteam.com any statement or material, nor use MercurySteam.com in any way, that:
- is unlawful or which gives rise to civil or criminal liability;
- promotes any illegal or unlawful activity;
- infringes any copyright or other intellectual property right of any third party or assists infringement or piracy;
- includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
- is abusive, pornographic, defamatory, discriminatory or obscene;
- harasses, bullies, threatens or intimidates any person;
- markets or promotes any third party;
- interferes with another user's use and enjoyment of MercurySteam.com;
- impersonates any moderator, administrator or any staff or other persons connected with Mercury Steam;
- infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, e-mail address, physical address or phone number, and/or rights of publicity;
- includes restricted / password protected content or materials;
- exploits any other person;
- solicits passwords or personal information;
- provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- tries to gain unauthorized access to any computer, servers or any part of MercurySteam.com including its servers, network and the computers of other users;
- tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of MercurySteam.com;
- engages in or solicits commercial activities or sales without Mercury Steam’s prior written consent such as, without limitation gambling, betting, sweepstakes, sales advertising, investments and pyramid schemes;
- refers to any material that is inappropriate;
- seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such a meeting as its object or effect;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
If you discover any material which you believe contravenes these terms and conditions please inform Mercury Steam or a forum moderator with details of the page you found it on.
It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. Mercury Steam has no way of telling if statements made by other users are true. This is a decision that can only be made by you. You should therefore exercise some degree of caution when using any web site. By using MercurySteam.com and its services you accept that this is the case and accept that you therefore use MercurySteam.com at your own risk. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
You acknowledge and agree that, if necessary, Mercury Steam will communicate with you via the email address you have provided to Mercury Steam. Notices that are applicable to all of Mercury Steam’s customers shall be made available on the MercurySteam.com websites or otherwise within MercurySteam.com. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on Mercury Steam’s websites or within MercurySteam.com.
All emails sent by Mercury Steam and attachments thereto are intended for the addressee only.
Mercury Steam provides and maintains MercurySteam.com for personal entertainment on an “as is” basis and is liable only to provide its services with reasonable skill and care.
External Sites have not been verified or reviewed by Mercury Steam and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which MercurySteam.com links.
Mercury Steam gives no other warranty in connection with MercurySteam.com and to the maximum extent permitted by law, Mercury Steam excludes liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Mercury Steam has been made aware of;
- the accuracy, currency or validity of information and material contained within any Communications or MercurySteam.com;
- any interruptions to or delays in updating MercurySteam.com;
- any incorrect or inaccurate information on MercurySteam.com;
- the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of MercurySteam.com;
- the availability, quality, content or nature of External Sites;
- any transaction involving External Sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading MercurySteam.com, or any Communication;
- all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
Mercury Steam does not warrant that the operation of MercurySteam.com will be uninterrupted or error free.
Mercury Steam will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree that in relation to your use of MercurySteam.com you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute MercurySteam.com.
You hereby indemnify, defend and hold Mercury Steam and Mercury Steam’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or claims arising from your use of MercurySteam.com any Communications and any use of your membership account. You shall use your best efforts to cooperate with Mercury Steam in the defence of any claim. Mercury Steam reserves the right, at Mercury Steam’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
Without limiting to any other rights it may have Mercury Steam may remove, restrict, cancel or suspend access to and use of MercurySteam.com and any part of it, if it considers (in its sole discretion) that you have breached of any of these terms and conditions.
These terms and conditions are subject to your statutory and common law consumer rights and shall not limit any rights you might have that may not be excluded under applicable law nor shall they exclude or limit Mercury Steam’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
These terms and conditions constitute the entire agreement between you and Mercury Steam and shall apply to the exclusion of all other terms and conditions or conditions of contract which you may propose.
Use of the word “including” in these terms and conditions means including without limitation.
Failure to enforce any of these terms and conditions will not be deemed a waiver of any term or right.
If any part of these terms and conditions is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
MercurySteam.com operates from the United Kingdom. Mercury Steam has taken reasonable steps to make sure that it complies with the regulatory regime and local laws of other countries. If you are concerned that it does not please contact Mercury Steam as described below.
Use of MercurySteam.com and these terms and conditions are subject to the laws of England which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use and shall be construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
ABOUT MERCURY STEAM
Mercury Steam Entertainment s.l.
Calle Lanzarote 19, 1ª planta, oficina nº4.
28703 San Sebastian de los Reyes, Madrid. Spain
All questions, comments or enquiries should be directed to Mercury Steam at [email protected]
Mercury Steam will endeavour to respond to any query or questions within two business days.
PRIVACY AND COOKIES POLICY
This privacy and cookies policy (together with the documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us through our Website [mercurysteam.com] (the “Website”), will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
This policy does not apply to practices of companies that we do not own or control, or to individuals that we do not employ or manage.
We will only collect and process information about you in accordance with this privacy and cookies policy. By using the Website and/or submitting any personal information to us, you consent to such processing.
Our Website is intended for use by those 13 or older for amusement purposes only. We do not knowingly collect personal information from people under the age of 16. If we learn that a person under the age of 13 has provided personal information through our Website, we will take steps to delete such information as soon as possible.
If you have any concerns over privacy, or this privacy and cookies policy contact us at [[email protected]]. This policy was last updated on [15 April 2016].
1. ABOUT THE WEBSITE AND THIS PRIVACY/COOKIES POLICY
The website [mercurysteam.com] allows visitors to learn about and register their interest in our games, and to browse and contribute to our discussion forums.
2. DATA WE MAY COLLECT
2.1. We may ask you for, or you may submit, certain personal and non-personal information and data to us through the Website when you use the Website. This includes:
- your name and address;
- your username and password;
- your e-mail address;
- your Internet Protocol (“IP”) address;
- your device name or unique identifier (whether laptop, mobile phone, tablet and/or any other hardware);
- any other content you submit to us via the Website (collectively, “Your Content”), such as comments, marketing preferences, posts, messages, images, and other materials you submit through forms and forums, and other information concerning your use of the Website; and
2.2. We also automatically collect information about your use of our Website. This can include how a user has engaged with the Website. Such information is collected on an aggregate and anonymous basis.
2.3. We may also collect and process your browsing and log data collected by Google advertising cookies and other technical means that we may employ to recognise your device when you visit the Site.
2.4. We may also receive information from you by email, or any other means which you use to contact us.
3. USES OF DATA
3.1. All information we hold will be kept securely in accordance with an internal security policy and may be used as follows:
- Name, email address, username and password: to register and administer your user account;
- email address: to contact you with news about our games;
- email messages and other information you send us: to respond to your feedback and queries;
- Your Content: to process and make available Your Content on the Website and to market to you in accordance with your instructions.
3.2. Information submitted to us via the Website may also be used to:
- enable our compliance with applicable laws and regulations;
- enable your use of the Website;
- provide you with up to date, efficient and reliable services;
- process and make available Your Content on the Website;
- monitor the use of the Website; and
- generally run and improve the Website.
3.3. Google Analytics and advertising cookies and anonymous identifiers may be used to conduct analytics on your visit to the Website, including by recording and analysing user behaviour, location, audience, demographic and interest data. This information may be used in order to enable remarketing to you and may be shared with Google. You can find out more about the ways in which Google uses and protects this information here: http://www.google.com/analytics/terms/us.html.
3.4. We might collect sensitive information about you but we will never collect sensitive information about you without your explicit consent.
4.MANAGEMENT OF DATA
4.1. We will only use information collected about you in accordance with applicable data protection laws.
4.2. For the purpose of the Data Protection Act 1998, the data controller is Mercury Steam, ES-B 31749369, Calle Lanzarote 19, 1ª planta, oficina nº4. 28703 San Sebastian de los Reyes, Madrid. Spain.
4.4. If you believe we have information about you that you do not want us to have or that you think is incorrect, please contact us at [email protected] and we shall correct or remove the data as you request as soon as and insofar as is reasonably practicable. If you would like to receive a copy of the information we have about you, please note that an administration fee of £10 may be applicable.
4.5. We use reasonable efforts to protect your personal data. However, the Internet is an insecure medium and any transmission of personal data to us via our Website is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
4.6. When you get in contact with us (for example by email) we will keep records of what is communicated. This is to ensure we have a record of our discussion for future reference and so we can improve the Website.
4.7. We may anonymise information about you (so that you cannot be identified from it by third parties) and provide that information to third parties for the purposes of marketing analysis.
5.COOKIES, BEACONS AND TRACKING
5.1. Our Website uses "cookies" and similar technologies. Cookies are small text files that are placed on your computer and mobile device by software that you install. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies may also be stored in your internet browser by or on behalf of third parties, such as Google or providers of advertising services.
- learn about how the Website is being used and which types of individuals are using it;
- record which other websites and/or platforms have referred users to the Website;
- optimise and improve the Website;
- make it easier for you to fill in forms via the Website;
- enable the Website to remember your preferences and keep you logged into our forums; and
- provide you with relevant advertising.
5.3. We use analytics to collect and store anonymous statistical data about our users’ use of the Website. Some of the cookies we use are essential for parts of the Website to operate and have already been set. You may delete and block all cookies, but parts of the Website may not work properly.
5.4. We may also collect information about your computer, mobile phone (or other portable or static device used to access the Website) and your visit to the Website, including where available your IP address, operating system, login, device name, screen name and browser type, for system administration and to report aggregate information to our partners and if necessary our advertisers.
5.5. We may use other technologies such as pixel tags, clear GIFs and web beacons on the Website.
6.MARKETING AND E-MAIL COMMUNICATIONS
6.1. We might send you marketing emails about our games or products or services which are similar to or related to those available via our Website, or contact you by email with information about updates to the Website. We will not send you any other marketing emails or pass your information on to third parties unless you give your consent or you have given it already.
6.2. We give you a choice of whether or not you want us or other companies to contact you about future offers, events, products and services you may be interested in.
7.DISCLOSURE OF YOUR INFORMATION
7.1. We may disclose personal information about you to other members of our group of companies or to trusted third parties, (both inside and outside the European Economic Area), including for marketing purposes to Mailchimp, based in the USA, so we might use their email services to keep you up to date with news about our products and services. 7.2.
Your personal information may also be disclosed:
- if we buy or sell any businesses or assets; or
- with a view to preventing fraud or reducing credit risk; or
- if we are obliged to do so to comply with law, regulations or a court order; or if it is necessary to enforce any other agreements to which we are a party; or if it is necessary to protect our rights, property or the safety of our customers or users.
7.3. If we share your personal information with other companies, those companies may contact you by email and they may be based inside or outside of the EEA.
7.4. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 200 women aged under 25 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the audience they want to target (for example, men in London). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
We will only hold data about you for as long as necessary, bearing in mind the purpose for which that data was collected.
9.1. If you follow a link from the Website to any third party websites, or use social media sharing buttons included on the Website, you should be aware that those websites and social networks may have their own privacy policies. We do not accept any responsibility or liability for those websites. Please check the policies of any third party websites before submitting any personal data to those websites.
9.2. We may make changes to this privacy and cookies policy in the future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes by email.
9.3. You may request deletion of your account on our forums by sending an email to [email protected] . Please note that some information may remain in our private records after deletion of your account. We may use any aggregated data derived from or incorporating your personal information after you delete your account but not in any manner that would identify you personally.
9.4. All questions, comments or enquiries should be directed to us. We will try to respond to you within 48 hours.
Mercury Steam. Calle Lanzarote 19, 1ª planta, oficina nº4. 28703 San Sebastian de los Reyes, Madrid. Spain