Terms of Use

1. Who we are

The website whalefallgames.online (the “Website”) is operated by WHALEFALL GAMES LIMITED, a private limited company registered in England and Wales (“Whalefall Games”, “we”, “us”, “our”).

2. Accepting these terms

These Terms of Use set out the rules for using the Website. By accessing or using the Website you confirm that you accept these terms. If you do not agree with them, please do not use the Website.

These terms apply to the Website only. Our games may be governed by separate end-user licence agreements, terms of service and privacy notices, which are shown in the relevant game or app store listing.

3. Using our website

We make the Website available free of charge. We may change, suspend or withdraw it, in whole or in part, at any time without notice. When using the Website you agree not to:

• use it in any way that breaches applicable law or regulation, or for any fraudulent purpose;
• attempt to gain unauthorised access to the Website, the server it is hosted on or any connected system;
• introduce viruses, malware or other harmful material, or carry out a denial-of-service attack;
• use automated tools to scrape, copy or monitor the Website without our written permission;
• send unsolicited advertising or spam through our contact form.

4. Intellectual property

We, or our licensors, own all intellectual property rights in the Website and its content, including text, graphics, logos, game names, artwork, screenshots and software. These works are protected by copyright, trade mark and other laws.

You may view and print pages of the Website for your personal, non-commercial reference. You must not otherwise copy, modify, distribute or use any content for commercial purposes without our prior written consent. The names “Whalefall” and “Whalefall Games” and our logo may not be used without permission.

5. Partnership requests and submissions

You can contact us about publishing, co-development and other partnerships through the form on the Website or by email. When you send us a request:

• you confirm that the information you provide is accurate and that you are entitled to share it;
• you keep ownership of your game, pitch and any materials you send us;
• sending a request does not create a partnership, contract or any obligation on either side — any agreement must be made in writing and signed by both parties;
• we review many ideas and may already be working on, or later develop, projects similar to yours. Unless a separate written confidentiality agreement is in place, we cannot accept an obligation to keep unsolicited ideas confidential, so please do not share information you consider secret before we have agreed an NDA.

We handle personal data you send us as described in our Privacy Policy.

6. Third-party links

The Website may contain links to third-party websites and services, such as app stores, Companies House or social networks. These links are provided for your convenience only. We have no control over their content and accept no responsibility for them or for any loss arising from your use of them.

7. Information on this website

The content on the Website is provided for general information only. Descriptions of games, features, release status and platforms reflect our plans at the time of publication and may change. We make reasonable efforts to keep the Website up to date, but we do not guarantee that its content is accurate, complete or current.

8. Our liability

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the laws of England and Wales.

To the extent permitted by law, we exclude all conditions, warranties and representations that may apply to the Website, and we will not be liable for any loss or damage, whether in contract, tort (including negligence) or otherwise, arising from the use of, or inability to use, the Website or reliance on its content — including loss of profits, business, revenue, data or goodwill, or any indirect or consequential loss.

9. Changes to these terms

We may update these terms from time to time. The updated version will be published on this page with a new “Last updated” date. Please check this page occasionally, as the terms in force when you use the Website apply to you.

10. Governing law

These terms, and any dispute or claim arising out of or in connection with them or the Website, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that if you are a consumer resident in Scotland or Northern Ireland you may also bring proceedings in your local courts.

11. Contact us

If you have any questions about these Terms of Use, please email partners@whalefallgames.online or write to us at our registered office: WHALEFALL GAMES LIMITED, Mercury House, 19-21 Chapel Street, Marlow, Buckinghamshire, United Kingdom, SL7 3HN.