The Sky Remains

User Terms

Welcome to The Sky Remains, a cross-platform game combining interactive narrative, social networking, geocaching, alternate reality gaming and mscape technology. Through The Sky Remains site (the "Site") you are able to share all your findings and activities surrounding the game with all the other players using the Site's social networking tools. The Site is also open to player-generated content, so that once you've completed the first story, you can add your own case to the files, using text, video and photographs to weave your own interactive narratives.

The Site is operated by Licorice Film Limited ("we", "us"). We are a limited company registered in England and Wales under company number 05543862 and have our registered office at Flat 1, 36 Clarendon Road , Bristol , BS6 7EU .

These User Terms ("Terms") govern your use of the Site and apply to all persons visiting the Site ("Visitors") and all persons who register as players on the Site ("Players"). By accessing or using the Site you are indicating your acceptance of these Terms. If you do not accept these Terms please leave the Site immediately. We may change the Terms at any time by putting amended Terms on the Site. We will indicate at the top of this page the date these Terms were last revised. It is your responsibility to check the Site regularly to see if there have been any changes to the Terms and to review such changes.

These Terms incorporate our Code of Conduct which sets out rules governing your activities on the Site, and our Privacy Policy, which tells you how we use your personal information.

Please review these Terms carefully, as they constitute a legally binding agreement between us and you and contain important provisions relating to your legal rights and obligations. In particular, your attention is drawn to sections 10 (Limitation of Liability), 11 (No Warranties) and 12 (Indemnity).

1.                  Age Restriction

1.1              The Site is intended solely for use by people who are aged fourteen years or older. When you register as a Player, you confirm that you are aged fourteen years or older. If you are under fourteen years of age you are not permitted to use the Site and your registration as a Player will be void.

1.2              We may suspend or terminate your Player registration at any time if we suspect that you are under fourteen years of age.

2.                  Accuracy of Information

2.1              You agree that when you provide information to us through the Site, all that information will be true, accurate and complete in all respects and you agree to update us if the information you have provided changes in any way. 

3.                  Site Security

3.1              You may access the Players' section of the Site if you have set up an account and registered a user name and password. You are responsible for keeping your account details and password safe. You must ensure that nobody else knows your username and password. If you think that somebody else knows your username and password you must tell us immediately so that we can change your account details. Please contact us at : feedback@theskyremains.com if you believe your account is no longer secure.

3.2              We reserve the right at any time to block your account and restrict your access to the Site. We are under no obligation to reactivate your account.

4.                  Code of Conduct

4.1              You are responsible for your activities on the Site and for any content that you post on the Site.

4.2              You agree to comply with the Code of Conduct which governs the way in which you may use the Site, interact with other Players and post content on the Site.

4.3              If you breach the Code of Conduct we may terminate your registration as a Player and block your access to the Site.

5.                  Player Generated Content

5.1              We will not be responsible, or liable to any third party, for the content or accuracy of any materials uploaded, published or displayed ("posted") by you or any other user of the Site ("Player Content").

5.2              Whenever you make use of a feature that allows you to post Player Content to the Site, or to make contact with other users of the Site, you must comply with the standards set out in the Code of Conduct. You must ensure that any contribution will comply with t he standards set out in the Code of Conduct and you will reimburse us for any losses, expenses or liabilities we incur as a result of you failing to comply with the Code of Conduct.

5.3              You are only permitted to post material to the Site that you have created or which you have permission to post. You confirm to us that: (i) you own the Player Content posted by you or otherwise have the right to sub-license such Player Content to us on the terms set out in these Terms; and (ii) the posting of your Player Content on or through the Site does not violate any applicable laws.

5.4              By posting Player Content on the Site, you give us a licence to (i) make copies of the Player Content to facilitate the posting and storage of the Player Content on the Site; (ii) display, distribute and disclose to third parties any such Player Content on or through the Site; and (iii) use, modify, delete from or add to such Player Content for any purpose in connection with the Site.

5.5              The licence granted to us under paragraph 5.4 of these Terms is non-exclusive, royalty-free, irrevocable, perpetual, transferable, sub-licensable and worldwide.

5.6              You may remove Player Content posted by you from the Site at any time. If you remove Player Content from the Site, the licence granted to us under paragraph 5.4 of these Terms will expire automatically. We will be permitted to keep copies of Player Content posted by you for archive purposes.

5.7              We do not claim any ownership rights in Player Content. You will retain full ownership of all Player Content posted by you on the Site.

5.8              You agree to make your Player Content available to other Players without compensation to you. During the upload process, you will be given an opportunity to choose to provide your Player Content on the terms of a Creative Commons licence. If you choose not to select a Creative Commons licence, you hereby grant each Player a non-exclusive, royalty-free, worldwide, perpetual licence to use, reproduce, distribute, prepare derivative works of and display your Player Content for any purpose in connection with the Site.

5.9              We have the right to remove or delete any Player Content from the Site at any time without notice. You are responsible for making back-up copies of Player Content that you post to the Site.

5.10          We have the right to disclose your identity to any third party who is claiming that any Player Content posted to the Site by you constitutes a violation of their intellectual property rights, or of their right to privacy.

6.                  Monitoring

6.1              We have no intention of monitoring your use of the Site or any Player Content posted by you on or through the Site.

7.                  Our Intellectual Property

7.1              As between you and us, we are the owner of all intellectual property rights in the Site (for the avoidance of doubt, this does not include the intellectual property rights in any Player Content). All such rights are reserved.

7.2              You are granted a limited licence to access and use the Site and the Site content for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You are not permitted to use any part of the materials on the Site for commercial purposes. The content of the Site may not be distributed, modified, reproduced in whole or in part without our prior written permission, except that you are permitted to reproduce and display the content of the Site (excluding any software code) solely for your personal use in connection with viewing the Site and participating in The Sky Remains game.

7.3              "Licorice Film", "The Sky Remains" and other marks used on  the Site  are our trade marks and may not be used without our prior written permission. You may not use any meta tags or any other hidden text using our names or trade marks without our prior written permission.

8.                  Intellectual Property Infringements

8.1              We respect the intellectual property rights of others and we require you to do the same. You are prohibited from posting Player Content that violates another party's intellectual property rights.

8.2              If you believe that any Player Content on the Site infringes your intellectual property rights, please notify us immediately by contacting us at: : feedback@theskyremains.com

8.3              Upon receiving notification of an alleged infringement, we reserve the right to remove or disable access to the alleged infringing material.  We reserve the right to terminate the account of any person found to have posted Player Content that infringes a third party's intellectual property rights.

9.                  Mobile Services

9.1              The Site includes certain services that are available through your mobile phone or other mobile device, including the ability to play the location-based elements of the game. We do not charge for these services, however your service provider's normal charges will apply.

9.2              Downloading or using certain services may be prohibited by your service provider. You should check with your service provider whether there are any restrictions on the services that you may access through your mobile device.

10.              Limitation of Liability

10.1          While we have taken care in preparing the contents of the Site, we do not accept any responsibility for any loss or damage arising out of or in connection with your use of the Site including, without limitation, indirect or consequential loss or damage, loss of anticipated revenues, loss of business opportunities, loss of goodwill, loss of data or damage to reputation. Nothing in these Terms shall operate to limit or exclude our liability for death or personal injury caused by our negligence or for fraud (including, but not limited to, fraudulent misrepresentation).

11.              No Warranties

11.1          The Site is provided "as is" and we disclaim any and all representations and warranties, whether express or implied. We do not warrant that the Site or any service or application available through the Site is accurate, complete, reliable or error-free or free from viruses or other harmful components.

11.2          We do not guarantee that access to and use of the Site will be uninterrupted or error-free. From time to time we may suspend or restrict access to the Site in order to carry out repairs, maintenance or to introduce new facilities.

11.3          Mention of third party products, services, companies and websites on the Site is for information purposes only and constitutes neither an endorsement nor a recommendation.

11.4          The Site contains links to websites run by other organisations. We take no responsibility for information contained on websites maintained by other organisations or for action taken as a result of information contained on websites maintained by other organisations.

12.              Indemnity

13.              Information Gathering

13.1          You may not use any data gathering or data extraction tools on the Site without our prior written permission.

14.              Linking

14.1          You may link to the Site's home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2          You must not establish a link from any website that is not owned by you.

14.3          The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Code of Conduct.

15.              Viruses, Hacking and Other Offences

15.1          You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

15.2          We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

16.              Assignment

16.1          You are not entitled to assign, sub-contract or otherwise dispose of any of your rights or obligations under these Terms without our prior written consent.

16.2          We may sub-contract our rights and obligations under these Terms at any time without your consent.

 

17.              Termination of Player Registration

17.1          You may terminate your registration as a Player at any time by following the instructions in the "Update Profile" section of the Site.

17.2          We may terminate your registration as a Player at any time for any or no reason, without prior notice or explanation and without liability.

17.3          If your registration as a Player is terminated (whether by you or by us), these Terms will remain in effect.

18.              Severance

18.1          If any provision in these Terms is declared void or unenforceable by any court or other body of competent jurisdiction, or is otherwise rendered so by any applicable law, such provision shall to the extent of such invalidity or unenforceability be deemed severable and all other provisions of these Terms not affected by such invalidity or unenforceability shall remain in full force and effect.

19.              Waiver

19.1          No delay or failure by us in enforcing any provision in these Terms shall be deemed to be a waiver or create a precedent or in any way prejudice our rights under these Terms.

20.              Jurisdiction and Governing Law

20.1          These Terms shall be governed by and construed in accordance with the laws of England . Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England .

21.              Contact Us

21.1          If you have any questions about these Terms please contact us: : feedback@theskyremains.com

Code of Conduct

The Sky Remains is a community. Players should respect the other participants in this community when making any posting of Player Content to the Site (including postings within the profiles, case files and forum). Players are expected to conduct themselves in a respectful, appropriate way that encourages inclusion and cooperation. This Code of Conduct sets out the rules which govern the posting of Player Content to the Site and interaction with other Players through the Site. When you use the Site you agree to abide by this Code of Conduct.

1.                  Prohibited Content

1.1              You must not post content that in our sole opinion:

1.1.1                    is obscene, pornographic or sexually explicit;

1.1.2                    depicts graphic or gratuitous violence;

1.1.3                    makes threats of any kind or that intimidates, harasses, or bullies anyone;

1.1.4                    is derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or otherwise objectionable;

1.1.5                    is unlawful, infringing, deceptive, fraudulent, invasive of privacy or publicity rights;

1.1.6                    contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment;

1.1.7                    encourages conduct that would violate or violates any law or advocates illegal activity;

1.1.8                    harms anyone, including minors;

1.1.9                    advertises or solicits business;

1.1.10                contains restricted or password only access pages or hidden pages or images;

1.1.11                promotes propaganda and/or symbols of organisations that are unconstitutional or illegal in your country; or

1.1.12                provides a link to any of the above.

2.                  Prohibited Activities

2.1              When using the Site or any services available through the Site, you must not:

2.1.1                    solicit personal information from anyone under 18;

2.1.2                    post any information (including photographs and videos) relating to another person without that person's consent;

2.1.3                    harvest or collect email addresses or other contact information from other Players for the purposes of sending unsolicited emails or other unsolicited communications;

2.1.4                    send or make available any unsolicited or unauthorised advertising, promotional materials, "spam", "chain letters", "pyramid schemes" or any other form of solicitation;

2.1.5                    use the Site in any unlawful manner or in any way that could damage, disable, overburden or impair the Site;

2.1.6                    use automated scripts to collect information from or otherwise interact with the Site;

2.1.7                    register as more than one Player or register as a Player on behalf of another person or organisation;

2.1.8                    impersonate any person or entity or misrepresent yourself in any way;

2.1.9                    use or attempt to use another person's registration or create a false identity on the Site;

2.1.10                abuse, threaten, intimidate or harass anybody;

2.1.11                engage in any predatory or stalking conduct;

2.1.12                use the Site for any illegal or unauthorised purpose;

2.1.13                circumvent or modify, or attempt to circumvent or modify, any security technology or software that is part of the Site; or

2.1.14                sell or otherwise transfer your Player registration.

Privacy Policy

Date of last revision: 24 April 2008

Licorice Film Limited ("we", "us") are committed to ensuring that your personal information is used properly and is kept securely. This Privacy Policy explains how we will collect and use personal information through The Sky Remains website (the "Site").

From time to time we may update this Privacy Policy to reflect changes in the way in which we use and process your personal information. We will indicate at the top of this page the date the Privacy Policy was last revised. By continuing to use the Site you indicate your acceptance of the revised Privacy Policy. It is important that you review the Privacy Policy regularly to ensure you are aware of any updates.

By submitting your personal information to the Site (whether during the registration process or when posting your own content), you are consenting to the processing of your information by us and our agents in accordance with this Privacy Policy.

1.                  Collection of personal information

1.1              We collect the following information from you in order to register you as a player on the Site: your age, email address, gender, country and city location. You also provide us with a user name and password when you register ("Registration Data"). We cannot register you as a player without this information.

1.2              We also collect the following related information about you: IP address, aggregate user data and browser type ("Related Information").  

1.3              All other information submitted to the Site by you is voluntary ("Posted Information") and may include personal information. You may submit Posted Information to the Site on your profile page, in the case files and in the log section of the Site. You should be aware that other players will be able to view all your Posted Information. You can edit your Posted Information at any time by going to your profile page.

2.                  Use of Your Personal Information

2.1              We use your Registration Data in order to register you as a player, to administer your use of the Site and to provide you with services available through the Site, such as messaging services. We also use your Registration Data in order to contact you by email with service-related announcements. We may use your Registration Data to contact you about products and services that we think may be of interest to you and to request your participation in surveys or other activities related to The Sky Remains or other projects with which we are involved. 

2.2              We use Related Information to manage and improve the Site and services available through the Site, to track and analyse usage of the Site and for security purposes.

2.3              A cookie is a piece of information that is held on the hard drive of your computer which records how you have used a website. We use cookies to accumulate useful information, such as whether the computer has visited the Site before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit.

2.4              We use cookies to monitor how people use the Site in order to help us to provide you with a better service. Cookies make it easier for you to log on and use the Site during future visits. They also allow us to personalise the content of the Site for you.

2.5              If you do not want cookies downloaded onto your machine, you can disable them by adjusting the settings on your browser. However, you may not be able to use some of the features on the Site without cookies.

2.6              You control the purposes for which Posted Information is used on the Site, therefore you are the data controller in relation to Posted Information. We store Posted Information on your behalf but we will not use personal information contained in Posted Information for our own purposes.

3.                  Sharing Your Personal Information

3.1              We may share your personal information with third parties in the following ways:

3.1.1                    We sometimes use third parties to process personal information on our behalf. For example, we use third parties to host the Site and to maintain our IT systems. Where we use a third party to process your personal information on our behalf, we will ensure that they have adequate security measures in place to safeguard your personal information.

3.1.2                    We will release your personal information when we are required to do so for legal or regulatory purposes or as part of legal proceedings.

3.1.3                    We may give information we hold about you to third parties as part of the process of selling our business. 

3.2              In some circumstances we may transfer your personal information to countries outside of the European Economic Area, where data protection safeguards are not as high as they are in the UK . If this occurs we will ensure that adequate measures are taken to protect your personal information.

4.                  Your Rights

4.1              You have the right to request a copy of the personal information that we hold about you.  We will ask for confirmation of identity before we disclose any personal information and may charge an administration fee to process the request.  Please address requests to: feedback@theskyremains.com

4.2              If you do not want to receive any marketing data from us and you wish us to stop using your personal information for marketing purposes, please contact us at: feedback@theskyremains.com

4.3              If you would like to update or amend your personal information, please contact us at: feedback@theskyremains.com

5.                  Contacting Us

5.1              If you have any questions about this Privacy Policy or any concerns regarding use of your personal information please contact us at: feedback@theskyremains.com