TERMS AND CONDITIONS FOR USE OF CODEMASTERS WEBSITES

By accessing this Website, you agree to be bound by the terms and conditions appearing in this document and you accept our Privacy Policy. If there is anything you do not understand please email any enquiry to custservice@codemasters.com.

In these terms and conditions "We/us/our/Codemasters" means The Codemasters Software Company Limited, "Website" means the website located at www.codemasters.com (or any subsequent URL which may replace it) and all associated websites and micro sites of Codemasters and "You/your" means you as a user of the Website.

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; You agree not to attempt any unauthorised access to any part or component of the Website; and You agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.

We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website.

We may alter these terms and conditions from time to time, and your use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

The Website is Copyright, The Codemasters Software Company Limited. All rights reserved.

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.

YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hypertext link.

Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law where or insofar as such rights cannot be derogated from by contract.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.

These Conditions and documents referred to herein (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

You agree to the terms of our privacy policy.

These Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

You may send us notices under or in connection with these Conditions by post to Lower Farm, Stoneythorpe, Southam, Warwickshire, United Kingdom; by fax to +44 (0)1926 817 357, by telephone to +44 (0)1926 814 132 or by email to custservice@codemasters.com. As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which should be retained by you.

RULES FOR THE USE OF CODEMASTERS' FORUMS

As a user of Codemasters forum, chat room or message board ("Online Services") you confirm that you have read, understand and agree to these Rules, Codemasters' Terms and Conditions Of Use of its website and you agree to the terms of Codemasters' Privacy Policy. If you do not agree, do not use Codemasters' Online Services, or if you are already using Codemasters' Online Services, please stop immediately.

Codemasters' Online Services are not actively monitored and Codemasters is not responsible for the content of any messages that are posted. Codemasters has the right, but not the obligation, to monitor any activity and content associated with the Online Services. Codemasters does not vouch for or warrant the accuracy, completeness, or usefulness of any message. The messages express the views of the author of the message, not the views of Codemasters. Codemasters reserves the right, in its sole discretion, to edit, delete, or refuse to post any message or thread for any reason whatsoever.

Any user who feels that a posted message is objectionable should contact Codemasters by sending an email to custservice@codemasters.com

You agree that you will not upload, post, email or otherwise transmit any material that may infringe any person or entity's intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right).

You agree not to upload, post, email or otherwise transmit any material which (a) is defamatory, libellous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law, (b) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, (c) may infringe any person or entity's intellectual property rights (including patents, trademarks, trade secrets, copyright or other intellectual or other property right). By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.

By posting any material, you confirm, represent and warrant that you have the lawful right to distribute and reproduce such material.

You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

You agree not to repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images.

Without Codemasters' written permission you will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

Postings to Online Services become public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.

Codemasters reserves the right to issue warnings, suspend or terminate the registration of users who refuse to comply with these rules. Codemasters may modify these rules from time to time and such modifications will be effective and binding on you when posted online.

You will remain solely liable for the content of any messages or other information you upload or transmit.

By using Codemasters' Online Services, you grant Codemasters the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the content you post to publicly accessible areas of the Codemasters.com site.

Codemasters may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that is suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

Recognising the global reach of the internet, you agree to comply with all local rules regarding online conduct and acceptable content.

WE TAKE PRECAUTIONS WITH CUSTOMER INFORMATION AND PERSONAL DATA, HOWEVER, EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY SECURITY BREACHES THAT MAY OCCUR.

PRIVACY POLICY

Codemasters respects your privacy. This document explains our policy relating to your personal data that is provided to us. Codemasters is the trading name of The Codemasters Software Company Limited whose registered office and headquarters are at Lower Farm, Stoneythorpe, Southam, Warwickshire, CV47 2DL, United Kingdom. The website is www.codemasters.com ("the Site").

By using this Site you agree that all personal data that you supply to us will be true, complete and accurate in all respects and you agree to notify us immediately of any changes to that personal data.

We will deal with your personal data in compliance with the current UK data protection legislation. Please note this applies only to Codemasters not to other companies' or organisations' websites to which we link. Personal data will be collected, processed and used by Codemasters for the purposes of providing Codemasters' services and products to you and the other purposes mentioned below.

We may hold personal data relating to the transactions you enter into with others (such as an online seller) or us through the Site. We will disclose personal data to a party to the transaction to assist your transaction. When you purchase an item from us, we collect your name, address, telephone number, e-mail address and credit card details for the purpose of processing your order and notifying you of the status of your order. This allows us to involve you in our purchasing process, to administer the purchasing process, to fulfil our obligations and to notify you if there are any issues with the purchasing process as well as to arrange for payment.

Information may be used to check your credit status and credit account details for ordering purposes and to bill for services or products used or purchased. We may use the data collected to obtain clearance of your credit card payment.

We may use personal data to let you know about products and services that may be of particular interest to you. We may also want to provide you with related information from third parties that we think may be of interest to you. If you would rather not receive this information, please send an e-mail to: codem@codemasters.com

Because the Internet infrastructure is global, the information you provide may be transferred outside the European Economic Area ("EEA") to countries that do not have similar data protection legislation. By submitting your information you consent to these transfers.

Unless otherwise stated in this Privacy Policy data relating to you will not be disclosed to any third party unless you have specifically given your consent. We will not rent or sell your personal information without your permission (other than as part of a sale of the whole or a substantial part of the assets of Codemasters).

Codemasters may disclose your personal data acting in good faith if it believes such action is necessary: to conform with a legal requirement or comply with the legal process, protect and defend the rights or property of Codemasters, enforce this online agreement, act to protect the interests of its users.

We use cookies (information stored by your browser) to track information on the pages read by visitors to our site to improve the content and offerings on our sites. Although we cannot identify individuals from this information, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie. Cookies can be disabled on your computer, but this may limit the experience that our websites are able to offer.

When you register for any of Codemasters' services, newsletters, mailing lists, competitions or promotions we will require information identifying you so that we can provide the service requested.

We may ask our registered website users to take part in surveys or opinion polls. Participation is always voluntary and on occasion may offer an opportunity to win prizes as a thank you for your time and effort.

Our success relies on us producing games that our customers want to play. To help us to ensure we make the very best games we may from time to time analyse the data that we hold and such analysis may be made to find out what is most likely to appeal to individual customers and web-site users. Also, we may provide aggregate statistics about our customers, sales, browser type, operating system, Internet, domain, demographic and profile data, traffic patterns, and related site information to reputable third parties, but these statistics will not include personally identifying information. We hope that this will provide you with a more interesting and fun experience. We may provide your information to our customer service agencies for similar purposes. We or our agents and sub-contractors may occasionally contact you including by post, email or telephone to tell you more about our products and services or to ask you for your feedback and comments on our products and services.

By submitting your information you consent to the use of that information as set out in this Policy. If we change our Privacy Policy we will post the changes on this page, and may place notices on other pages of the web site, so that you may be aware of the information we collect and how we use it. Continued use of the service will signify that you agree to any such changes.

From time to time, this Site may include links to other web sites. We may not be operating the linked sites and we do not endorse the contents, views or products of the linked sites. We do not accept any responsibility for use of the linked sites. You are advised to use linked sites with caution and with due regard to any terms of use on those sites. If you transfer to other sites by using a link from our Site to theirs we may receive aggregate or otherwise anonymous statistical information about your trip and any purchases you may make on those sites. We are not responsible for the privacy policies or content of other web sites and your visit to those sites is not protected by our privacy policy.

WE TAKE PRECAUTIONS WITH CUSTOMER INFORMATION AND PERSONAL DATA, HOWEVER, EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY SECURITY BREACHES THAT MAY OCCUR.

It is important for you to let us know if you think that the data we have about you is inaccurate or incomplete. You may remove, change or modify information from our database by emailing: custservice@codemasters.com

If you have any questions about the handling or protection of your personal data or your rights under this online agreement please contact customer services by writing to Codemasters Customer Services at the address below, or email to: custservice@codemasters.com

Codemasters, P.O. Box 6, Leamington Spa, Warwickshire, CV47 2ZT, United Kingdom

COOKIE INFORMATION

We use cookies (information stored by your browser) to track information on the pages read by visitors to our sites to improve the content and offerings on our sites. Cookies are small text files that websites can send to your computer. A cookie can be thought of as an internet user’s identification card, which tells a website when the user has returned. The cookies we use are “analytical” cookies.

They allow us to recognise and count the number of visitors and see how visitors move around our sites when they are using them. Read more about the individual analytical cookies we use and how to recognise them at aboutcookies.codemasters.com. Although we cannot identify individuals from this information, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.

The European Union Directive on Privacy and Electronic Communications 2003, as amended by the Privacy and Electronic Communications (Amendment) Regulations 2011 (the "Directive"), recognises that cookies are a "legitimate and useful tool" for many activities, including verifying the identity of website users. The Directive makes it compulsory for websites to inform users if cookies are being used (which is exactly what we are doing here!), and to provide some information on how cookies are used.

You can find more information on this subject at www.allaboutcookies.org. Lastly, the Directive places an obligation on websites to make users aware that they can set their computers to reject cookies. You can do this by activating a setting in your internet browser to reject all cookies, or to notify you when a cookie is set. You can find instructions on how to do this at www.allaboutcookies.org/manage-cookies/.

Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you first access our websites. However, you should be aware that our websites will not work without cookies and therefore we recommend you leave them turned on.

Codemasters Accounts Naming Policy

When selecting a display name for a Codemasters Account, online game, service, character, team name or object, please be aware of the following restrictions that are NOT appropriate for use:

  1. Names of historical or religious significance.
  2. Common names or references to drug related substances, culture or paraphernalia.
  3. Sexually explicit, defamatory, obscene, racially or ethnically offensive names or slang.
  4. Globally popular registered trademark names of products, goods, materials or services.
  5. Names likely to cause harm, mockery or imitation of Codemasters, its employees, partners or third-party agents, or which are defamatory towards or may cause offence or harm to any such organisation or any person employed by them.
  6. Names causing mockery or imitation of any Codemasters in-game personality or character.
  7. Misspelled variations or homonyms of any of the above rules.
  8. In F1 Online: The Game the following is not acceptable: Names likely to cause harm, mockery or imitation of Formula One World Championship Limited, any of its affiliate companies, the FIA, the FIA FORMULA ONE WORLD CHAMPIONSHIP™, any sponsor of the Championship or a Team, or which are defamatory towards or may cause offence or harm to any such organisation or any person employed by them.

In certain Codemasters online games, it may be possible for you to purchase a rename for one or more of your avatars via the game shop. Should you choose to do this then all of the above policies still apply. Should Codemasters change the name of an avatar in violation of the above policy as a result of a shop purchase no reimbursement of the purchase price will be given.

Naming Policy Enforcement

If any of your display names, or game avatars are in violation of any of the above naming rules, the Codemasters Accounts Support Team reserves the right to either:

  1. Change the name to a more suitable alternative. Codemasters will not engage in any dialogue regarding further changes to renamed avatars and the decision of the Codemasters Accounts Support team will be final.
  2. Temporarily suspend or permanently ban, without notice, your account.