1.1
These terms ("Terms") govern your ("You") use of the Battlemail Games Software ("Software") developed by Battlemail.com Limited ("Battlemail"). 

1.2
By installing the Software, you acknowledge that you have read all of the terms, understand them, and agree to be bound by them. 

1.3
You understand that, if you receive or download the Software from an authorized distributor of battlemail or from any other individual or organization, that person or entity is not BattlemailÆs agent and is not authorized to make any representations, conditions or warranties, statutory or otherwise, on BattlemailÆs behalf nor to vary any of the Terms. 

1.4
If You do not agree to the Terms, click the æNoÆ button at the bottom of the screen and the installation process will be terminated.
 

2.
OWNERSHIP AND USE OF INTELLECTUAL PROPERTY

2.1
Title to the Software and patents, copyrights and all other property rights applicable to it or the Battlemail Games, shall at all times remain solely and exclusively with Battlemail and its licensors, and You shall not take any action inconsistent with such title. 

2.2
The Software is protected by English law and other applicable laws and by international treaty provisions.Any rights not expressly granted herein are reserved to Battlemail and its licensors. 

2.3
The Software is licensed to You on a non-exclusive basis and whilst You are free to use disseminate and distribute the Software at Your own risk, You may not cause or permit the renting, licensing, sublicensing, leasing or otherwise selling of the Software by any means or in any form, without the prior written consent of Battlemail. 

2.4
You may not modify, enhance, supplement, create derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software to human readable form.
 

3.
TRADE MARKS 

Battlemail TM Is Our trademark and you agree that You shall not use, reproduce or display the Battlemail trademark without Our express written consent and that You do not obtain any rights in or to the Battlemail trademark.
 

4.
ôVICTORY CRY" - TEXT MESSAGES 

4.1
Battlemail does not monitor, control, endorse, or accept responsibility for the content of text messages transmitted through the use of this product. Use of the optionalôVictory Cryö feature is at Your own risk.You are strongly encouraged not to give out personal information through text message transmissions. 

4.2
If you have any complaints in relation to any Victory Cry please e-mail us at complaints@battlemail.com.
 

5.
LINKS 

You may be entitled to link from the Battlemail Games to any web sites of third parties ("Third Party Sites"). We have no control over the content of such sites and therefore cannot accept any responsibility for the material that is accessible from such sites and cannot guarantee that such sites will remain available for access.In particular, but without limitation, we have no liability to You in respect of any loss or damage that You incur through purchasing products or services from Third Party Sites or placing relevance upon any information or material accessible on such sites or as a consequence of You being unable to link to Third Party Sites from our Site.
 

6.
PURCHASE OR SUPPLY OF PRODUCTS OR SERVICES FROM THIRD PARTY SITES OR THIRD PARTIES SITE 

Should You purchase products or services from third parties who offer such products or services for supply through the Battlemail Games or Third Party Sites or should You have any business dealings with any person whose details are available through the Battlemail Games or any Third Party site then such purchases or dealings are carried out at Your sole risk and We have no responsibility or liability for any loss or damage that You suffer as a consequence thereof.
 

7.
PRIVACY POLICY 

We take the privacy of Our users seriously and personal information Youprovide to us will be subject to our Privacy Policy which is accessible at http://www.battlemail.com.
 

8.
GLOBAL USE 

The nature of the world-wide web is such that this e-mail can be received by users in any part of the world and it is therefore Your responsibility to ensure that You comply with all applicable laws regarding access to this e-mail the Battlemail Game or Software including the transmission and export of technical or other data anywhere in the world.
 

9.
DISCLAIMERS 

9.1
Your use of the Battlemail game and the Software is at your sole risk.We give no warranty or guarantee as to the content, or compatibility of the Battlemail game and to the fullest extent permitted by law, we exclude all warranties, conditions and other terms implied by statute or law with respect to the Battlemail game and the Software and Your use of it.We shall have no liability to You other than as may expressly be provided herein. 

9.2
It shall be Your responsibility to ensure that any products, services or information available through any link provided in the Battlemail game or through Third Party Sites meet your specific requirements. 

9.3
Should you download the Software this shall be done at Your entire risk and You shall be solely responsible for any damage to Your computer, loss of data or other loss that results from downloading. 

9.4
We do not pre-screen messages contained in the challenge and therefore to the fullest extent permitted by law You waive all rights that You may have against Us in relation to the content of any such message including Your reliance thereon.
 

10.
LIMITATION OF LIABILITY 

10.1
Without prejudice to any other exclusion or limitation contained within these Terms, We have no liability to You in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect, special or consequential losses or exemplary damages or for any loss of profit, revenue, turnover or bargain or for loss of data which arises in any way from You playing the Battlemail game, purchasing products or services through Third Party Sites or from downloading the Software or otherwise. 

10.2
Should the laws of any jurisdiction not permit the exclusion or limitation of liability as set out in clause 10 or 11.1 then, to the extent that such exclusion or limitation is not permitted, the relevant provision shall not apply in that jurisdiction. 

10.3
In no circumstances shall the statutory rights of a consumer be affected by any of these Terms and nothing in these Terms shall be taken so as to exclude or limit Our liability for death or personal injury caused by our negligence.
 

11.
GOVERNING LAW 

This Agreement shall be governed by English law.