Terms of use

INTRODUCTION

Welcometo OVAL3brought to you by Bamg Sports Ltd, a company incorporated under thelaws of England and Wales under company number 12422085with its registered office at 5 New Street Square, London, UnitedKingdom, EC4A 3TW (we,us,our).Our VAT number is 350472026.OVAL3can be played either via the dedicated mobile application (the App)or via our website available at www.oval3.game (the Website)

Pleaseread these Terms of Use (Terms)carefully along with our Privacy Policy and the Rules as, together,they set out the basis on which you may download and use the App,access the Website, and generally play OVAL3. These Terms and thePrivacy Policy apply in addition to the terms of service and privacypolicy of the relevant app store provider from whom you downloadedthe App (AppStore Provider).

Bydownloading the App, accessing the Website or playing OVAL3 you areconfirming to us that you have read these Terms and that you agree tobe bound by them. You also acknowledge that that the App StoreProvider is not a party to these Terms and that these Terms areconcluded between you and us only.

Wemay revise these Terms at any time. Any changes made to these Termswill be applicable from the date they are published. We willendeavour to notify you of any changes that are going to be made tothese Terms reasonably in advance of the date on which such changestake effect and invite you to accept the new Terms. Please note thatif you do not accept any new Terms we publish then you may no longerbe able to play OVAL3.

CONTACTINFORMATION

Ifyou would like to contact us for any reason in connection with OVAL3,including to make a complaint about OVAL3, the App or the Website(including anything contained on them), please do so using thefollowing details:

AGELIMITS

TheGame is intended to be played by users who are at least 13 years old.If you are under 13 years old, please do not play the Game. If youare younger than 18 years old, you should read these Terms and ourPrivacyPolicywith your parents or guardians to make sure that you understand themand that you are happy to be bound by these Terms. By playing theGame, you are confirming to us that you are at least 13 years old.Your ability to play the Game may be terminated without warning if wehave any reason to believe that you are younger than 13 years old.

ACCESSTO AND USE OF THE GAME

Thereis currently no charge to play OVAL3 (although you will be chargedfor In-App Purchases (see section 6for more information)). We may stop offering OVAL3 free of charge atany time.

Inorder to play the OVAL3, you will need to register as a player. Toregister as a player, you will need to complete a registration formwhich will require you to submit an original username. You will alsohave the option of linking your username with your social media orother platform accounts (such as Facebook). You must also submit youremail address to us as part of the registration process. We reservethe right to refuse to accept any username and/or email address whichwe deem to be inappropriate (in our sole discretion) or which hasalready been registered for a different user.

Youraccount is personal to you and you are not entitled to transfer youraccount to any other person. You agree to take all steps necessary toprotect your account log in details and keep them secret. You shallnot give your log in details to anyone else or allow anyone else touse your log in details or account.

Wewill be entitled to assume that anyone logging into your accountusing your log in details is either you or someone logging in withyour permission. If you fail to keep your login details secret, or ifyou share your login details or account with someone else (whetherintentionally or unintentionally), you accept full responsibility forthe consequences of this (including any unauthorised purchases) andagree to fully compensate us for any losses or harm that may result.We will not be responsible to you for any loss that you suffer as aresult of an unauthorised person accessing your account or playingOVAL3 and we accept no responsibility for any losses or harmresulting from its unauthorised use, whether fraudulently orotherwise.

Ifyou breach any provision of these Terms, your player account may beterminated by us at any time. If your player account is terminated,your authorisation to access the App and/or Website and play OVAL3and to use any items you have purchased via In-App Purchases willalso terminate and you may not be entitled to a refund.

Ifyou delete your account, or if we delete your account in accordancewith these Terms, you may lose access to any data previouslyassociated with your account (including, without limitation, yourprogress in OVAL3 and/or the points you have accumulated playingOVAL3 and any items you have purchased via In-App Purchases).

You agree that you will not:

  • reverseengineer, decompile, disassemble or otherwise attempt to obtain theApp’s and/or the Website’s source code, otherthan as permitted by applicable law;
  • usesoftware (including any spider, scraper or bot) to monitor, harvestor copy any information from OVAL3;
  • transmitor communicate any content (for example, when interacting with otherusers) which we, in our sole discretion, deem offensive, includinglanguage that is unlawful, harmful, threatening, abusive, harassing,defamatory, vulgar, obscene, sexually explicit, ethically, orotherwise objectionable;
  • createmultiple player accounts for OVAL3.

Thespecific game rules, scoring rules, functionality and guidelines forOVAL3 can be found here and also within the App itself and on theWebsite. Such rules, scoring rules, functionality and guidelines formpart of these Terms and you agree that you shall comply with themwhen you play OVAL3.

Youagree to comply with all reasonable instructions that we may give youregarding your use of OVAL3.

Youare responsible for obtaining (at your own cost) all necessarydevices and telecommunications services required to play OVAL3. Youare also responsible for ensuring that no person uses your device toplay OVAL3 without your permission. We will be entitled to assumethat anyone who plays OVAL3 using your device has your permission todo so and you will be responsible for any charges, costs orliabilities that may be incurred by any such persons.

Byaccessing the App and/or the Website, you represent and warrant that:

youare not located in a country that is subject to a U.S. Governmentembargo, or that has been designated by the U.S. Government as a“terrorist supporting” country; and

youare not listed on any U.S. Government list of prohibited orrestricted parties.

SOCIALMEDIA FUNCTIONALITY

Itmay be possible to link your social media account(s) to OVAL3. Thiswill enable you to share your achievements in OVAL3 with your friendswho are also logged in and playing and also enable you to see theirachievements.  

OVAL3may contain social media “share” functionality that allows you topost to your social media channels such as your Facebook wall and/oryour Twitter feed. This “share” functionality may containpre-populated text that can be edited by you. You acknowledge andagree that you are fully responsible for the text that is included inany “shares” that you choose to make to your social mediachannels.

IN-APPPURCHASES

TheApp may include functionality that allows you to make in-apppurchases (such as purchasing a premium account subscription)(“In-AppPurchases”)but it will not be necessary to make any In-App Purchases in order toplay OVAL3.  Whilst you cannot switch off In-App Purchases from beingoffered to you within the App (and there is no cap on the number ofIn-App Purchases you can make), you can switch off/manage yourability to complete In-App Purchases by altering the settings on thedevice you use to play the App (see paragraph 6.3below for more on this). You acknowledge and agree that you are fullyresponsible for managing your In-App Purchases and the amount youspend on In-App Purchases within the App.

Wereserve the right to determine, in our absolute discretion, thequantities of the items which may be purchased via such In-AppPurchases and how much to charge for any such items.

Youcan manage your ability to complete In-App Purchases by adjusting thesettings on the device you are using to play the App. Moreinformation about how you can manage In-App Purchases on your devicecan be found either in the App Store Provider’s terms andconditions, in your device’s help settings or online.

Ifyou are younger than 18 years old, you must have your parents’ orguardians’ permission to make any In-App Purchases. By completingan In-App Purchase, you are confirming to us that you have anypermissions that may be necessary in order to allow you to make thatIn-App Purchase.

Ifyou are a parent or legal guardian of someone under the age of 18, werecommend that you consider any parental controls that may beprovided by the App Store Provider if you are concerned that yourchild may make excessive In-App Purchases.

Ifyou make an In-App Purchase, that In-App Purchase cannot be cancelledafter you have initiated its activation or download. In-App Purchasescannot be redeemed for money or other consideration or otherwisetransferred. If you make any In-App Purchases in the App, then theApp Store Provider’s terms and conditions applicable to In-AppPurchases will also apply.

SomeIn-App Purchases will be sold as recurring subscriptions that giveaccess to certain features or benefits for a specific period of time.The cost of each subscription will automatically be deducted at thebeginning of each subscription term (so if you have purchased amonthly subscription then payment will be taken at the beginning ofeach 30 day period or if you have purchased an annual subscriptionthen payment will be taken at the beginning of each 12 month period).You can cancel any future subscription payment at any time before thenext payment is due to be taken by us.

Ifany In-App Purchase is not successfully activated/downloaded  or doesnot work once it has been successfully activated/downloaded, we will,after becoming aware of the fault or being notified of the fault byyou, investigate the reason for the fault. We will act reasonably indeciding whether to provide you with a replacement In-App Purchase orissue you with a patch to repair the fault. In no event will wecharge you anything further to replace or repair the In-App Purchase.In the unlikely event that we are unable to replace or repair therelevant In-App Purchase or are unable to do so within a reasonableperiod of time and without significant inconvenience to you, we willauthorise the App Store Provider to refund you an amount up to thecost of the relevant In-App Purchase.

Ifany damage is caused to your device by any item purchased via anIn-App Purchase, you are entitled to:

requestthat we repair the damage within a reasonable period of time; or

receivecompensation from us for the damage caused to your device.

Theprice of an In-App Purchase will be charged to the debit or creditcard registered to your account with the App Store Provider from whomyou downloaded the App. All billing and transaction processes arehandled by the App Store Provider from whom you downloaded the Appand are governed by the App Store Provider’s terms and conditions.If you have any payment related issues with any In-App Purchases, youshould contact the App Store Provider directly.

INTERACTINGWITH OTHER USERS

OVAL3allows you to interact with other users by creating or joiningprivate leagues.

Youare solely responsible for your interactions with other users and youagree to only do so in accordance with these Terms of Use. By way ofexample, and without limitation, you agree that when interacting withother users you will not:

defame,abuse, harass, stalk, threaten or otherwise violate the legal rights(such as rights of privacy and publicity) of other users;

uploador otherwise make available files that contain images, photos,software or other material protected by intellectual property laws(or by rights of privacy of publicity) unless you own or control therights thereto or have received all necessary consents;

uploadfiles that contain viruses, corrupted files, or any other similarsoftware or programs that may damage the operation of another'scomputer;

advertiseor offer to sell or buy any goods or services for any businesspurpose;

harvestor otherwise collect information about other users, including e-mailaddresses, without their consent;

violateany applicable laws or regulations; or

createa false identity for the purpose of misleading others.

Wehave no obligation to monitor user interactions and you understandthat when interacting with other users you may be exposed to contentand/or material that you may consider offensive, indecent orobjectionable and we will not be liable for any losses or harm youmay suffer as a result. However, we reserve the right in our solediscretion to remove any content and/or material that we deemviolates these Terms of Use.

Ifyou suspect someone is violating these Terms of Use or misusingOVAL3, please let us know by contacting us using the details inparagraph 2 above.

IN-GAMEADVERTISING

OVAL3may include third party advertising. If OVAL3 includes any thirdparty advertising, such third party advertising may operate as a linkwhich, if tapped or clicked on by You, will take you away from OVAL3and to a third party’s website or page on the relevant App StoreProvider’s app store. We make no warranties or representationswhatsoever about any third party websites, apps or games which youmay come across whilst playing OVAL3 or any services that areprovided by any such third parties. If you decide to tap on any suchthird party advertising, you do so at your own risk.

Pleasenote that the third parties whose products and/or services are beingadvertised or promoted in OVAL3 are responsible for those productsand/or services as well as for the content of the advertisements forthose products and/or services. Any websites, apps, games or pageslinked to from any such third party advertising will be governed bythe relevant third party’s own terms of service and privacy policy.

Theinclusion of any third party’s advertising in the App or on theWebsite does not necessarily imply that we or OVAL3 is affiliated toor associated with such third party advertiser.

COMPETITIONSAND PRIZE DRAWS

Wemay offer entry into competitions and prize draws, and these may besubject to additional terms and conditions. Where such additionalterms and conditions apply, this will be clearly notified to you anda link will be provided in order for you to read and accept therelevant terms and conditions before you enter the competition orprize draw.

MAINTENANCEAND SUPPORT

Saveas expressly set out in these Terms, we are solely responsible forOVAL3, including providing any maintenance and support for the Appand the Website. In no event will the App Store Provider from whomyou downloaded the App have any obligation to provide any suchmaintenance or support services in respect of the App.Pleasereport any problems you encounter with the App to us viacontact@bamgsports.com.

Wedo not guarantee that OVAL3 will always be available or that it willbe updated. You understand that we may discontinue OVAL3 or makechanges to OVAL3 at any time for any reason or no reason withoutnotice or liability to you. If we plan to discontinue OVAL3, we willendeavour to notify you of the discontinuance of OVAL3 reasonably inadvance of the date on which such discontinuance takes effect.  

INTELLECTUALPROPERTY RIGHTS

OVAL3and any and all features, content, materials and information madeavailable via the App and/or the Website (including any In-AppPurchases if applicable) belong to us and/or our licensors and areprotected by intellectual property laws around the world. You do notown the App or Website nor any content you purchase in connectionwith any In-App Purchases you make.

Subjectto your continued compliance with these Terms, we hereby grant to youa non-exclusive, non-transferable, non-sublicensable, personal,revocable, limited licence to access and use the App and the Websitein order to play OVAL3 and any content you purchase in connectionwith any In-App Purchases for your own personal, non-commercialentertainment.

Youare only allowed to use the App and Website to play OVAL3 for yourown personal non-commercial purposes in accordance with these Termsand the App Store Provider’s terms and conditions/end user licenceagreement. You are not allowed to copy or distribute or transfer or(except as expressly set out in these Terms or as permitted by theApp’s functionality) communicate to the public the App or Websiteor any content within the App or Website or interfere with the normaloperation of App or Website (e.g. you are not permitted to decompile,reverse engineer, disassemble, attempt to derive the source code of,modify or create derivative works from the App or Website or anyupdates or any part thereof,otherthan as permitted by applicable law). Notwithstanding theserestrictions, any open source software components included in the Appor Website will continue to be governed by the terms on which suchopen source software components are generally made available to thepublic by the relevant open source licensing entity.

RIGHTTO CANCEL

Ifyou live in the European Union you have certain rights to withdrawfrom distance purchases. When you purchase a licence from us to useitemspurchased via In-App Purchases, you acknowledge and agree that wewill begin the provision of such items to you promptly once yourpurchase is complete (i.e. our servers validate your purchase and theapplicable item is successfully credited to your account on ourservers) and therefore your right of withdrawal is lost at thispoint.

LIABILITY

Wewill endeavour to use reasonable care and skill in making OVAL3available to you.

Savefor in respect of any content you purchase via any In-App Purchase,OVAL3 and any services, content and materials made available throughthe App and/or Website are provided on an "as is" basis andwe does not make any representation or warranty of any kind, eitherexpress or implied in relation to OVAL3 or any services, content ormaterials made available through OVAL3 including, without limitation,any warranties in relation to fitness for a particular purpose or inrelation to quality, completeness, accuracy or reliability.

Whilstwe will exercise reasonable care and skill to ensure that the App andWebsite and any items purchased via In-App Purchases and theircontent are virus free, we cannot guarantee this. We also notguarantee that OVAL3 will always be available, be uninterrupted orsecure. Accordingly, we urge you to take your own precautions in thisregard (such as using anti-virus software). If any damage is causedto your device by the App or Website (or any items purchased viaIn-App Purchases made by you), you are entitled to:

requestthat we repair the damage within a reasonable period of time; or

receivecompensation from us for the damage caused to your device.

Otherthan as expressly set out in these Terms, neither we nor any of ourthird party partners and/or licensors, including the App StoreProvider, accept any liability (whether based in contract, tort orotherwise) for any claim, loss, liability, damage, cost or expensecaused by you playing OVAL3 or any content you purchase via anyIn-App Purchases that does not arise as a result of a breach by us ofthese Terms and is not reasonably foreseeable at the time you enteredinto these Terms. In no event will we or any of our third partypartners and/or licensors be liable to you for any loss of profitsthat may arise as a result of your use of the App or Website orpurchase of any content via In-App Purchases.

Nothingin these Terms excludes or limits our liability for death or personalinjury arising from our negligence, for fraud or fraudulentmisrepresentation, or any other liability that cannot be excluded,disclaimed or limited by applicable law.

GENERAL

Youacknowledge that these Terms are not intended to be for the benefitof, and will not be exercisable by, any person who is not a party tothem. Notwithstanding the foregoing, you acknowledge and agree thatthe App Store Provider and each of its respective subsidiaries arethird party beneficiaries of these Terms and therefore may enforcetheir respective rights under these Terms against you.

Inthe event that there is a conflict between these Terms and the AppStore Provider’s terms and conditions, the App Store Provider’sterms and conditions shall prevail.

Youmay not assign, sub-license or otherwise transfer any of your rightsor obligations under these Terms to any other person without ourprior written consent.

Ifwe decide not to exercise or enforce any right that we have againstyou at a particular time, then this does not prevent us from laterdeciding to exercise or enforce that right.

Ifany part of these Terms is found to be illegal, invalid or otherwiseunenforceable by a court or regulator, then, where required, thatpart shall be deleted from these Terms and the remaining parts ofthese Terms will continue to be enforceable.

TheseTerms and any dispute arising out of or in connection with them(including any non-contractual claims) shall be governed by andconstrued in accordance with English law and you agree to submit tothe non-exclusive jurisdiction of the English courtsunlessthe law in your country of residence allows you to choose the courtsof that country for the dispute in question. Any matters arisingbetween you and the App Store Provider shall be as set out in the AppStore Provider’s terms and conditions.

LastUpdated: 31 August 2022‍