User Terms & Conditions

Effective Date: July 1, 2021

PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) BEFORE USING THE SERVICES. THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT PURCHASE A SUBSCRIPTION, REGISTER FOR AN ACCOUNT, OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.

Controller Identification

The provided data will be processed by The Never Ending Game Ltd. with a registered office at 31 Stanhope Drive, Horsforth, Leeds LS18 4ES (hereinafter referred to as the “Controller”). You can contact the Controller through the following URL: ne-games.com.

Welcome to The Never Ending Game

Welcome to The Never Ending Game, owned and operated by The Never Ending Game Ltd. (“Company,” “we,” “us,” or “our”). By purchasing a subscription, registering for an account, or using www.theneverendingwordgame.com, including all the services provided therein (collectively, the “Services”), you acknowledge that you have read and understood these Terms and agree to be bound by them.

Both these Terms and any additional terms of service or sale documents may apply to your use of the Services. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless expressly stated otherwise. In these Terms, “you” refers to Adult Users of the Services and purchasers of accounts.

Key Points Summary

You should read all of these Terms and our Privacy Policy (incorporated into these Terms), but here are some key points:

  • By purchasing a subscription, registering an account, or using the Services, you accept these Terms.
  • We currently offer Services for Families through Family User Accounts and Schools through School Generated Accounts.
  • By activating an Account, you agree that we may automatically renew your subscription unless you cancel prior to its renewal date through the procedures described in the “Subscription Cancellation” section 2.C.iii.
  • YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT.
  • Your use of the Services is AS IS, without warranty, and will result in no liability to us.

Table of Contents

  1. Description of Services
  2. Accounts, Passwords, and Payments
  3. Services Ownership and License
  4. Content You Submit
  5. Services and Content Use Restrictions
  6. Linking to and from Our Services
  7. Governing Law/Jurisdiction
  8. Disclaimer of Representations and Warranties
  9. Limitations of Liability
  10. Indemnity
  11. Infringement Policy and Reporting Procedure
  12. Wireless Features
  13. Submission of Feedback
  14. General Provisions

1. Description of Services

As part of the Services, we provide a platform via our website ne-games.com and various related games, applications, features, and content.

Users of the Services

Users of the Services (“Users”) include “Child Users” or “pupils” or “Students,” and “Adult Users” (including parents and guardians or anyone in legal charge of Child Users, teachers, and school administrators).

2. Accounts, Passwords, and Payments

A. Account Types

We currently offer the following types of accounts through the Services: Individual “over 18” accounts, Family Accounts, and Teacher Accounts (collectively, “Accounts”).

(i) Individual “Over 18” Accounts

This is a single account for a person aged over 18 and legally allowed to own a credit card in their own name.

(ii) Family Accounts

A Family Account can have a maximum of five users, including an Adult User and up to four Child Users added by the Adult User.

(iii) School Accounts

School Accounts may only be registered by an Adult employed at an educational institution. By registering for a School Account, you represent and warrant that you have permission from your School to use the Services and that your use complies with applicable laws.

B. Passwords and Account Access

Every Account has one designated Adult User (the registering person) who must be at least 18 years of age. You are responsible for maintaining the confidentiality of your password and Account information. You agree that you are responsible for all activities that occur under your Account and will not sell, transfer, or assign your Account rights.

C. Account Fees

For certain types of Accounts, we may charge a fee, such as an Account fee or subscription fee. You must use a credit card, debit card, or other accepted payment mechanism to activate and maintain a paid Account.

(i) Authorization to Charge for Services

You authorize us to charge you through the Pay Mechanism used during registration. If we do not receive payment, you agree to pay all amounts due upon our demand. You will be solely responsible for any dispute with your payment provider.

(ii) Subscription Renewal

By activating an Account, you agree that we may renew your subscription automatically for the same term, and you authorize us to charge you unless you cancel prior to its renewal date.

(iii) Subscription Cancellation

To cancel your subscription and avoid future billing, you may cancel prior to the renewal date through the Manage My Subscription area in the Schools / Family Section of the App or by contacting our Customer Support team. If you cancel, you will still have access to your Account for the prepaid period.

(iv) Refunds

If you sign up for a trial subscription through a non-Apple Pay Mechanism, you are entitled to a refund for any fees paid within 7 days. After the 7th day, you are not entitled to a refund.

3. Services Ownership and License

A. Ownership

The Services, including any specific functionalities of our products and/or Services, are owned and controlled by us and protected by copyright, trademark, patent, and other intellectual property rights.

B. Limited License

Subject to strict compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Services for personal, non-commercial use.

4. Services and Content Use Restrictions

You agree not to engage in activities that attempt to harm us, the Services, or others. You will not reverse engineer, disassemble, or modify any source or object code of any software or services. You will not use any meta tags or hidden text utilizing our Trademarks. These and other use restrictions are outlined in the full terms.

5. Linking to and from Our Services

A. Linking to or Framing Our Services

When linking to our Services, you must not damage, disparage, or create a false appearance of sponsorship or affiliation. Framing the Services or linking from inappropriate websites is also prohibited.

B. Links to Other Services and Third Parties

Interactions, transactions, and other dealings with third parties found on or through the Services are solely between you and the third party. We disclaim all liability for third-party interactions.

6. Governing Law / Jurisdiction

A. Governing Law/Jurisdiction

THESE TERMS, AND ANY ADDITIONAL TERMS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED KINGDOM.

B. Arbitration and Dispute Resolution

If any controversy or claim arises related to the Services or these Terms, you and we agree to a specific resolution process, including informal discussion and, if unresolved, binding arbitration.

C. Injunctive Relief

The foregoing provisions of this Section 6 will not apply to any legal action taken by either party to seek an injunction or other equitable relief in conjunction with any intellectual property claim or claim related to unauthorized access to data through the Services.

7. Disclaimer of Representations and Warranties

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. The Company Parties disclaim all warranties, express or implied, as detailed in the full terms.

8. Limitations of Liability

The Company Parties will not be responsible for any loss or damages of any kind, including personal injury, economic losses, or consequential damages, regardless of whether you bring an action of contract, negligence, or tort. Specific limitations of liability are detailed in the full terms.

9. Indemnity

To the maximum extent allowed by law, you agree to indemnify, defend, and hold harmless the Company Parties from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your breach or alleged breach of these Terms, your use of the Services, or other related matters.

10. Infringement Policy and Reporting Procedure

If you believe your material has been posted or distributed via the Services in a way that constitutes copyright infringement, please follow the steps outlined in the Digital Millennium Copyright Act of 1998 (the “DMCA”). Our designated agent to receive notices of copyright infringement is Graham Jaggers, reachable via email at info@ne-games.com.

11. Wireless Features

Your carrier may charge for wireless features, and certain features may be incompatible with your carrier or device. You agree to keep us updated with any changes to your wireless number and other related information.

12. Submission of Feedback

If you choose to provide feedback or ideas about the Services, you acknowledge that you have no expectation of review, compensation, or consideration for such feedback, and we will be free to use it in our discretion.

13. General Provisions

A. Termination and Suspension

We reserve the right to discontinue or suspend the Services, or your access to it, at any time without notice or obligation. Suspension or termination will not affect your obligations to us, and you will not be entitled to a refund.

B. Communications

When you communicate with us electronically, you consent to receive electronic communications from us. We will do our best to respond to inquiries, but it may take time.

C. Operation of Services; International Issues

We control and operate the Services from the U.K. If you use the Services from other locations, you are responsible for compliance with applicable local laws.

D. Severability; Interpretation

If any provision of these Terms is deemed unenforceable by a court or arbitrator, the remaining provisions will continue in full force and effect. These Terms should not be construed against us because we drafted them.

E. Assignment

We may assign our rights and obligations under these Terms at any time without notice. You may not assign or delegate your duties without our written consent.

F. No Waiver

No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of the Company.

G. Updates to Terms

We reserve the right to modify these Terms at any time in our sole discretion. Updated Terms will be effective immediately upon posting. If you continue to use the Services after receiving notice of Updated Terms, you agree to comply with, and be bound by, the Updated Terms.

H. Survival

In the event of any termination of these Terms, certain sections will continue in full force and effect, including, but not limited to, indemnity, disclaimer of representations and warranties, limitations of liability, and others.

I. Entire Agreement

These Terms constitute the entire agreement and understanding between the Company and the user, superseding all prior agreements and understandings.