The DREST application ( Service ) is published by DREST Limited, a company incorporated under the laws of England and Wales under company number 09834643 with its registered office at Hays Galleria, 1 Hays Lane, London SE1 2RD ( we , us , our ).
By downloading the Service you are confirming to us that you have read these Terms and that you agree to be bound by them. You also acknowledge that the App Store Provider is not a party to these Terms and that these Terms are concluded between you and us only.
We may revise these Terms at any time. Any changes made to these Terms will be applicable from the date they are published. We will endeavour to notify you of any changes that are going to be made to these Terms reasonably in advance of the date on which such changes take effect and invite you to accept the new Terms. Please note that if you do not accept any new Terms we publish then you may no longer be able to access the Service.
If you would like to contact us for any reason in connection with the Service, including to make a complaint about the Service or anything contained in the Service, please email to the following address: firstname.lastname@example.org
ACCESS TO AND USE OF THE SERVICE
There is currently no charge to download the Service (although you will be charged for any In-App Purchases you make (see section 6 for definition and more information)). We may stop offering the Service free of charge at any time.
In order to use the Service, you will need to register as a user. To register as a user, you will need to complete a registration form which will require you to submit an original username. You will also have the option of linking your username with your email address or other social media and platform accounts such as Google Play or Facebook. We reserve the right to refuse to accept any username which we deem to be inappropriate (in our sole discretion) or which has already been registered for a different user.
Your account is personal to you and you are not entitled to transfer your account to any other person. You agree to take all steps necessary to protect your account log in details and keep them secret. You must not give your log in details to anyone else or allow anyone else to use your log in details or account.
We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree 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 a result of an unauthorised person accessing your account and/or using the Service and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
If you breach any provision of these Terms, your user account may be terminated by us at any time. If your user account is terminated, your authorisation to access the Service and to use any items you have purchased via In-App Purchases will also terminate and you will not be entitled to a refund.
If you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account (including, without limitation, your progress and/or the level or score you have reached and any items you have purchased via In-App Purchases).
You agree that you will not:
(a) reverse engineer, decompile, disassemble or otherwise attempt to obtain the Service’s
source code, o ther than as permitted by applicable law;
(b) use software (including any spider, scraper or bot) to monitor, harvest or copy any
information from the Service; or
(c) create multiple user accounts for the Service.
The specific game rules, scoring rules, controls and guidelines for the Service can be found within the Service itself. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you shall comply with them when you use the Service.
You agree to comply with all reasonable instructions that we may give you regarding your use of the Service.
You are responsible for obtaining (at your own cost) all necessary devices and telecommunications services required to access the Service. You are also responsible for ensuring that no person uses your device to access the Service without your permission. We will be entitled to assume that anyone who accesses the Service using your device has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons.
By accessing the Service, you represent and warrant that:
(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(b) you are not listed on any U.S. Government list of prohibited or restricted parties.
SOCIAL MEDIA FUNCTIONALITY
It may be possible to link your social media and platform account(s) to the Service. This will enable you to share your achievements with your friends who are also logged in and playing and also enable you to see their achievements.
The Service may contain social media “share” functionality that allows you to post the looks you have created to your social media channels such as your Facebook wall and/or your Twitter feed. This “share” functionality may contain pre-populated text that can be edited by you. You acknowledge and agree that you are fully responsible for the text that is included in any “shares” that you choose to make to your social media channels.
The Service may contain third party “cloud save” functionality, which allows you to save your progress so that you can transfer between multiple devices and resume using the Service from where you last saved your progress. This is achieved by logging into the Service via a third party social media account, such as Facebook, and sharing a token with the cloud saving service provider. Your use of any such third party cloud save functionality will be governed by the terms and conditions/end user licence agreement of the relevant third party cloud saving service provider.
The Service includes in-app purchases that allows you to buy virtual currency in order to purchase virtual items (“ In-App Purchases ”). Whilst you cannot switch off In-App Purchases from being offered to you within the Service and there is no cap on the number of In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to access the Service (see paragraph 6.2 below for more on this). You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the Service.
We reserve the right to determine, in our absolute discretion, the quantities of the items which may be purchased via such In-App Purchases and how much to charge for any such items.
You can manage your ability to complete In-App Purchases by adjusting the settings on the device you are using to access the Service. More information about how you can manage In-App Purchases on your device can be found either in the App Store Provider’s terms and conditions, in your device’s help settings or online.
If you are younger than 18 years old, you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any permissions that may be necessary in order to allow you to make that In-App Purchase.
If you are a parent or legal guardian of someone under the age of 18, we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.
In App Purchases can only be consumed within the Service. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be exchanged for money or transferred in any way. If you make any In-App Purchases in the Service, then the relevant App Store Provider’s terms and conditions applicable to In-App Purchases will also apply.
If an In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to
provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorise the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase.
If any damage is caused to your device by any item purchased via an In-App Purchase, you are entitled to:
(a) request that we repair the damage within a reasonable period of time; or
(b) receive compensation from us for the damage caused to your device.
The price of an In-App Purchase will be charged to the debit or credit card registered to your account with the App Store Provider from whom you downloaded the Service. All billing and transaction processes are handled by the App Store Provider from whom you downloaded the Service and are governed by the App Store Provider’s terms and conditions. If you have any payment related issues with any In-App Purchases, you should contact the App Store Provider directly.
INTERACTION WITH OTHER USERS
By accessing the Service you agree that your user name, scores, looks you have created, country location, online/offline status and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our game or within our marketing. You also understand and agree that other users may follow you to see the looks you have created and how your looks have been scored. Please note that we will only show your user display name publicly, and not your email address or any other personally identifiable information.
The Service may include third party advertising. If the Service includes any third party advertising, such third party advertising may operate as a link which, if tapped by You, will take you out of the Service and to a third party’s website or page on the relevant App Store Provider’s app store. We make no warranties or representations whatsoever about any third party websites, apps or games which you may access through the Service or any services that are provided by any such third parties. If you decide to tap on any such third party advertising, you do so at your own risk.
The inclusion of any third party’s advertising in the Service does not necessarily imply that we or the Service is affiliated to or associated with such third party advertiser.
COMPETITIONS AND PRIZE DRAWS
We may offer entry into competitions and prize draws and these may be subject to additional terms and conditions. Where such additional terms and conditions apply, this will be clearly notified to you and a link will be provided in order for you to read and accept the relevant terms and conditions before you enter the competition or prize draw.
MAINTENANCE AND SUPPORT
Save as expressly set out in these Terms, we are solely responsible for the Service, including providing any maintenance and support for the Service. In no event will the App Store Provider from whom you downloaded the Service have any obligation to provide any such maintenance or support services in respect of the Service. Please report any problems you encounter with the Service to us via email@example.com .
We do not guarantee that the Service will always be available or that it will be updated. You understand that we may discontinue the Service or make changes to the Service at any time for any reason or no reason without notice or liability to you. If we plan to discontinue the Service, we will endeavour to notify you of the discontinuance of the Service reasonably in advance of the date on which such discontinuance takes effect.
INTELLECTUAL PROPERTY RIGHTS
The Service and any and all features, content, materials and information made available via the Service (including any In-App Purchases) belong to us and/or our licensors and are protected by intellectual property laws around the world. You do not own the Service or any content you purchase in connection with any In-App Purchases you make. The Service and any and such items are licensed to you in accordance with these Terms.
Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use the Service and any content you purchase in connection with any In-App Purchases you make for your own personal, non-commercial entertainment.
You are only allowed to use the Service for your own personal non-commercial purposes in accordance with these Terms and the App Store Provider’s terms and conditions/end user licence agreement. You are not allowed to copy or distribute or transfer or (except as expressly set out in these Terms or as permitted by the Service’s functionality) communicate to the public the Service or any content within the Service or interfere with the normal operation of the Service (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 Service or any updates or any part thereof, other than as permitted by applicable law). Notwithstanding these restrictions, any open source software components included in the Service will continue to be governed by the terms on which such open source software components are generally made available to the public by the relevant open source licensing entity.
You grant us a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit your user generated content, in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as we see fit in our sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services. Without limiting the above, you grant us the right to syndicate your content for any purpose, including without limitation the right to use such syndicated content to promote the DREST brand. You further grant to us all rights necessary to facilitate your use of a third party’s site, app or services that require syndication or other use of your content in connection with the Service.
RIGHT TO CANCEL
If you live in the European Union you have certain rights to withdraw from distance purchases.
Similarly, please note that when you purchase a licence from us to use virtual currency purchased via In-App Purchases, you acknowledge and agree that we will begin the provision of such virtual currency to you promptly once your purchase is complete (i.e. our servers validate your purchase and the applicable item is successfully credited to your account on our servers) and therefore your right of withdrawal is lost at this point.
We may, in our sole discretion, agree to cancel any items you have purchased using the virtual currency upon your request. If an item is cancelled, the virtual currency you used to purchase such items will be made available to you again but in no event will you be entitled to a refund.
We will endeavour to use reasonable care and skill in making the Service available to you.
Save for in respect of any content you purchase via any In-App Purchase, the Service and any other services, content and materials made available through it are provided on an “as is” basis and we do not make any representation or warranty of any kind, either express or implied in relation to the Service or any other services, content or materials made available through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy or reliability.
If you have purchased an item via In-App Purchases and that item is not of satisfactory quality, fit for purpose or as described, you are entitled to:
(a) request that we, at our own cost, repair or replace that item within a reasonable period of time; or
(b) receive a refund of an amount up to the purchase price of that item where a repair or replacement is impossible or cannot be done within a reasonable period of time or without significant inconvenience to you.
Whilst we will exercise reasonable care and skill to ensure that the Service and any items purchased via In-App Purchases and their content are virus free, we cannot guarantee this. Accordingly, we urge you to take your own precautions in this regard (such as using anti-virus software). If any damage is caused to your device by the Service (or any items purchased via In-App Purchases made by you), you are entitled to:
(a) request that we repair the damage within a reasonable period of time; or
(b) receive compensation from us for the damage caused to your device.
We do not guarantee that the Service will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Service or any products, services or content provided through it will be free from errors or omissions. As we cannot guarantee that the Service will be free from bugs or viruses, we recommend that you use anti-virus software to protect your device when accessing the Service.
Other than as expressly set out in these Terms, neither we nor any of our third party partners, affiliates and/or licensors, including the App Store Provider, accept any liability (whether based in contract, tort or otherwise) for any claim, loss, liability, damage, cost or expense caused by your use of the Service or any content you purchase via any In-App Purchases that does not arise as a
result of a breach by us of these Terms and is not reasonably foreseeable at the time you entered into these Terms. In no event will we or any of our third party partners, affiliates and/or licensors be liable to you for any loss of profits that may arise as a result of your use of the Service or purchase of any content via In-App Purchases.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.
You acknowledge that these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them. Notwithstanding the foregoing, you acknowledge and agree that the App Store Provider and each of its respective subsidiaries are third party beneficiaries of these Terms and therefore may enforce their respective rights under these Terms against you.
In the event that there is a conflict between these Terms and the App Store Provider’s terms and conditions, the App Store Provider’s terms and conditions shall prevail.
You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.
If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from these Terms and the remaining parts of these Terms will continue to be enforceable.
These Terms and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts unless the law in your country of residence allows you to choose the courts of that country for the dispute in question. Any matters arising between you and the App Store Provider shall be as set out in the App Store Provider’s terms and conditions.
Last Updated: July 2019