Introduction

These terms and conditions shall govern your use of our website FirstLookGames.com and any white label version of this website served and operated by First Look Limited.
By using our websites, you accept these terms and conditions & End User License Agreement in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, or our End User License Agreement you must not use our website.
If you register with our websites, submit any material to our websites or use any of our website tools and services, we will ask you to expressly agree to these terms and conditions & End User License Agreement.
You must be at least 16 years of age to use our websites; by using our websites or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.
Our websites use cookies; by using our websites or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

Copyright notice

Copyright (c) 2022 First Look Limited
Subject to the express provisions of these terms and conditions:
1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our websites and the material on our websites; and
2. all the copyright and other intellectual property rights in our websites and the material on our websites are reserved and you must agree to and uphold the conditions of the End User License Agreement in order to access and maintain access to our Licensors content held on our websites.
Licence to use the website
1. You may:
  1. view pages from our websites in a web browser;
  2. download pages from our websites for caching in a web browser;
  3. print pages from our websites;
  4. download data specific to your websites only and where offered
  5. use our website tools and services by means of a web browser, subject to the other provisions of these terms and conditions.
  6. download information and assets made available to you after registration
2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions and in our End User License Agreement, you must not download any material from our websites or save any such material to your computer.
3. You may only use our websites for your own personal and business purposes, and you must not use our websites for any other purposes.
4. Except as expressly permitted by these terms and conditions & End User License Agreement, you must not edit or otherwise modify any material on our websites.
5. Unless you own or control the relevant rights in the material, you must not:
  1. republish material from our websites or emails (including republication on another website or social media profile);
  2. sell, rent or sub-license material from our websites;
  3. show any material from our websites in public;
  4. exploit material from our websites for a commercial purpose;
  5. or redistribute material from our websites, unless expressly permitted by your subscription to our websites.
6. Notwithstanding Section 3.5, you may not redistribute communications from us in print and electronic form to any person unconnected with your business.
7. We reserve the right to restrict access to areas of either or all of our websites, or indeed our whole websites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our websites.
Acceptable use
1. You must not:
  1. use our websites in any way or take any action that causes, or may cause, damage to the websites, our Licensors, or impairment of the websites performance, availability or accessibility of the website;
  2. use our websites or Licensors content in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  5. access or otherwise interact with our websites using any robot, spider or other automated means;
  6. violate the directives set out in the robots.txt file for our websites;
  7. or use data collected from our websites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
2. You must not use data collected from our websites to contact individuals, companies or other persons or entities.
3. You must ensure that all the information you supply to us through our websites, or in relation to our websites, is true, accurate, current, complete and non-misleading.
Use on behalf of organisation
1. If you use our websites or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
  1. yourself;
  2. and the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
2. Website Owner registration and accounts
  1. To be eligible to submit publisher or affiliate websites for participation in First Look Games or our White Label Websites you must be the domain owner or have permission from the domain (website) owner to do so.
  2. To be eligible to submit an Operator subscription request, you must be the business owner or have permission from the business owner to do so.
  3. You will receive a single account with our websites when you complete a subscription request form on any of our websites and it is accepted for participation in our website tools or services across our websites.
  4. You must not allow any other person to use your account to access the websites.
  5. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
  6. You must not use any other person’s account to access the websites unless you have that person’s express permission to do so.
3. User login details
  1. If you register for an account with our websites, you will be asked to choose a user ID and password.
  2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or user ID for or in connection with the impersonation of any person.
  3. You must keep your password confidential.
  4. You must notify us in writing immediately if you become aware of any disclosure of your password.
  5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
  6. If you permit access to our websites to other individuals in your organisation you warrant that they will be employed or contracted by you or your organisation and that you permit them access to view or change the data you have provided to us within our system. In addition, you warrant that you permit them to view and download data supplied to you by First Look Games or our partners in respect of the tools or service you are receiving.
4. Cancellation and suspension of account
  1. We may:
    1. suspend your account;
    2. cancel your account;
    3. and/or edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any part of our services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
  2. You may cancel your account by writing to us over email or to our registered address. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.
5. Subscriptions
  1. You will become a subscriber (paid or otherwise) to our website tools and services at the point at which you submit any data to our website in order to receive any of offerings. The contract between us for the supply of the website tools and services shall come into force upon the issue of the submission acknowledgement.
  2. For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.
  3. We may from time to time vary the benefits associated with a subscription, (for example when new features are added) providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.
  4. At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.
  5. For the avoidance of doubt, access to our tools and services without the submission of payment, where required, from you to us also constitutes a subscription, subject to the definition in clause 9.1 and the terms and conditions herein are applicable.
  6. Bespoke contracts offered to subscribers are not intended to replace these Terms and such subscribers are still bound by these terms unless otherwise stated in a secondary written contract.
  7. Subscribers who receive notifications from our inaccuracy monitoring tools accept that the data provided is intended only to assist you in optimising your content & user experiences and should not be regarded as evidence of non-compliant or compliant materials, content or mis-representation of brands.
  8. The information collected during monitoring of online content may not always be complete, depending on various factors including but not limited to the content delivery mechanisms of the content being monitored.
  9. Publishers subscribing to a Publisher subscription on any of our websites will gain access to our website tools and services across all of our websites using the same account login credentials.
6. Fees
  1. The fees in respect of our website tools and services will be as set out on the websites from time to time.
  2. All amounts stated in these terms and conditions or on our websites are stated exclusive of VAT.
  3. You must pay to us the fees in respect of our website tools and services in advance, in cleared funds, in accordance with any instructions on our website.
  4. We may vary fees from time to time by posting new fees on our website, but this will not affect fees for tools and services that have been previously paid.
  5. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
  6. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
    1. an amount equal to the amount of the charge-back;
    2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
    3. an administration fee of GBP 25.00 including VAT;
    4. and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.
  7. If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of our tools and services to you.
  8. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
7. Your content: licence
  1. In these terms and conditions, “your content” means the content of any website(s) or social media page(s) you submit for participation in First Look Games or our partner websites, including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files.
  2. You grant to us the right to access this content remotely, both manually and by automated means, in order to collect information about the website or social media pages and to retrieve and store links, text, data, images, videos, audio material, graphics, audio-visual material, scripts, software and files from any page on your website or that you voluntarily upload to our websites as necessary to provide the tools or services.
  3. You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.
  4. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
  5. You may edit your content to the extent permitted using the editing functionality made available on our websites.
  6. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
8. Your content: rules
  1. You warrant and represent that your content will comply with these terms and conditions and the End User License Agreement.
  2. Your content must not be illegal or unlawful in accordance with UK law and all applicable domestic, international or regulatory laws, statutes, regulations and codes, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
  3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
    1. be libellous or maliciously false;
    2. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    3. infringe any right of confidence, right of privacy or right under data protection legislation;
    4. be in breach of official secrets legislation;
    5. be in breach of any contractual obligation owed to any person;
  4. Report abuse
    1. If you learn of any unlawful material or activity on our websites, or any material or activity that breaches these terms and conditions, please let us know.
    2. You can let us know about any such material or activity by email.
  5. Limited warranties
    1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on our websites;
      2. that the material on the websites is up to date;
      3. or that the websites or any reports, services or tools provided by the websites will remain available.
    2. We reserve the right to discontinue or alter any or all of our website tools and services, and to stop publishing one or more of our websites, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website tools and services, or if we stop publishing the website.
    3. To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our websites and the use of our websites.
  6. Limitations and exclusions of liability
    1. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law;
      4. or exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions & End User License Agreement:
      1. are subject to Section 15.1;
      2. and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    3. To the extent that our websites and the information, tools and services on our websites are provided we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control or for any actions taken by you as a result to information we provide regarding your website and content.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software or in respect of any special, indirect or consequential loss or damage.
    7. We will use our best endeavours to ensure that all information that we provide to you in relation to our tools or services and to your website and content, including reports prepared by us and provided to you or your associates, is correct to the best of our knowledge at the moment of preparation however we make no warranties for the accuracy of the data.
    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
    9. Our aggregate liability to you in respect of any contract to provide tools or services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
  7. Indemnity
    1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
  8. Breaches of these terms and conditions & End User License Agreement
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      1. send you one or more written warnings (by post or email);
      2. temporarily suspend your access to our website;
      3. permanently prohibit you from accessing our website;
      4. block computers using your IP address from accessing our website;
      5. commence legal action against you, whether for breach of contract or otherwise;
      6. suspend or delete your account on our website.
    2. Where we suspend or prohibit or block your access to one or more of our websites or a part of our websites, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.
  9. Third party websites
    1. Our websites include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  10. Trade marks
    1. First Look Games, First Look Limited, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
    2. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
  11. Variation
    1. We may revise these terms and conditions & End User License Agreement from time to time.
    2. The revised terms and conditions & End User License Agreement shall apply to the use of our websites from the date of publication of the revised terms and conditions & End User License Agreement on the websites, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions & End User License Agreement.
    3. If you have given your express agreement to these terms and conditions & End User License Agreement, we will ask for your express agreement to any revision of these terms and conditions & End User License Agreement; and if you do not give your express agreement to the revised terms and conditions & End User License Agreement within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
  12. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  13. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  14. Third party rights
    1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
  15. Entire agreement
    1. Subject to Section 15.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
  16. Law and jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
  17. Statutory and regulatory disclosures
    1. We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
    2. These terms and conditions are available in the English language only.
    3. The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.[ The online dispute resolution platform may be used for resolving disputes.]
  18. Our details
    1. These websites are owned and operated by First Look Limited.
    2. We are registered in England and Wales under registration number 11629387, and our registered office is at 175 High Street, Tonbridge, United Kingdom, TN9 1BX.
    3. You can contact us by going through our Contact Us page, using the contact form published on our websites from time to time.

1. 1. 1. End User License Agreement

End User License Agreement – First Look Games Publisher Users

This end user licence agreement (“EULA”) governs the relationship between you, the Customer, and First Look Limited (“First Look Games”) concerning your use of content embodying our Game Studio Partners’ (individually the “Game Studio Licensor” or, collectively, the “Game Studio Licensors”) content which is accessed and downloaded from our website, FirstLookGames.com (the “Website”) and Client.FirstLookGames.com (the “Platform”, which are operated by First Look Games.

You agree to comply with all Terms & Conditions at https://firstlookgames.com/terms-conditions/ (the “Terms and Conditions”), as may be revised from time to time.

You may download and use the software and works on the Website for the sole purpose of creating promotional materials & game reviews for use in your authorised online gaming business. Any other use or copying of the software, works and any other intellectual property in the Website is strictly prohibited.

All rights in the software, works and any other intellectual property in the Website (including but not limited to artworks, video and audio assets, information and documentation) are the exclusive property of our Game Studio Licensors. You may not copy, decompile, reverse engineer, disassemble, modify, adapt, translate, or otherwise do anything to or with the software and works available on the Website that is not strictly required for normal licensed use. The software and works on the Website are valuable trade secrets, and you undertake not to disclose any information relating to the software and works that you may discover from reviewing, downloading or using the Website. You have no transferable rights in the Website. In particular, you are not permitted to sub-license, assign or otherwise dispose of the software and works in the Website in any manner whatsoever, nor attempt to do so.

You agree that you will obtain, and at all times maintain, all necessary licences and consents and comply with all applicable laws, statutes, regulations and codes from time to time in force in relation to your use of all software and works on the Website, which, for clarity, may include all rules, codes and regulations of the UK Gambling Commission, the UK Advertising Standards Authority and the UK CAP and BCAP Codes and all applicable domestic, international or regulatory laws, statutes, regulations and codes from time to time in force in relation to your use of the Content.

You agree that you will not proactively target users domiciled in markets listed as ‘Restricted Markets’ by individual Game Studio Licensors in their Studio Profiles on the Website or Platform. This includes but is not limited to operating web properties primarily targeting users of a Restricted Market as declared by one or more of our Game Studio Licensors.

In no event will First Look Games or our Game Studio Licensors be liable to you or any third party in contract, tort, negligence or otherwise for any consequential, direct, indirect, pure economic or incidental damages, nor any lost profits or lost savings, arising out of your or any third party’s access to, or use of, the Website, even if we have been advised of the possibility of such loss. You will be solely liable for any damage, costs or expenses arising out of or in connection with your use of the Website.

We may terminate this EULA immediately without notice and/or restrict, block, suspend or permanently terminate access to one or more of our Licensors’ content within the Platform or the Platform as a whole if we believe that you have breached any of the terms of this EULA, the Terms and Conditions or if your use of the Website has been in any way improper or breached the spirit of this EULA or Terms and Conditions, or if your use of the Content or any other Game Studio Licensor’s materials, game information or game assets may adversely impact the Game Studio Licensor’s business or their compliance with gambling licenses held.

We reserve the right to amend, modify, update and change any of the terms of this EULA and will notify you of any such amendment, modification, update or change. It remains your responsibility to ensure that you are aware of the correct current terms of this EULA and we advise you to check for amendment, modification, update or change on a regular basis. Your continued use of the Website will be deemed to constitute your acceptance of any amendment, modification, update or change of this EULA.

If any part of this EULA is found to be invalid, void, or unenforceable, then the remainder of the EULA shall remain in force. This EULA shall be governed by English Law and the courts of England shall have exclusive jurisdiction over all disputes arising in connection with this EULA.

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