§ 1 Licence & Terms and Conditions
These Licence & Terms and Conditions ("Terms") govern the purchase and use by you of the gaming, learning, application and entertainment software (along with accompanying files and documentation) ("Software") offered by Bluefish Media GmbH ("we" "us" or "our").

UPON CONFIRMING PURCHASE (OR IF THIS DOES NOT HAPPEN, UPON ACCESSING, COPYING, DOWNLOADING OR USING THE SOFTWARE), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT CONFIRM PURCHASE OR ACCESS, COPY, DOWNLOAD OR USE THE SOFTWARE.

You must be 18 years of age or older to purchase goods from the site (16 years old in Scotland). If you are under 18 (or 16 in Scotland), you may use the website only with the involvement of a parent or guardian. By accepting these Terms you confirm that you are of legal age to form a binding contract, or that you have accepted these Terms with the permission of your parent or legal guardian.

§ 2 Our Offering
The advertising of Software on our website is an ´invitation to treat´. That means your order is an offer and no contract of sale is formed between you and us and your order will not be contractually confirmed until you access, copy, download or use the Software (whether or not you receive the ´confirmation of order´ email). Orders shall be accepted at our sole discretion but are normally accepted and dispatched once credit card or other payment authorisation has been confirmed (except in relation to trial Software).

You can obtain the Software by downloading it from the Internet via our website. We shall grant you the right to use the downloaded Software, along with the accompanying files and application documentation, in accordance with these Terms (particularly clause 5 below).

§ 3 Prices and payment
We price the Software separately for each game. You will be notified of these prices via our UK website each time you carry out a purchase. The applicable price is always the price indicated in your pre-order confirmation notice. Payment should be made in the manner indicated in the pre-order confirmation notice. Such payments are normally made by means of the following payment systems: ClickandBuy, T-Pay, PayPal, paysafecard, credit card or direct debit.

§ 4 Your right to use the Software
4.1 The Software is protected by copyright and other intellectual property rights. It is provided strictly for your own personal use and it may not be shared with others.

4.2 We grant you a perpetual, non-transferable, non-exclusive right to use the Software in object code form solely for your own personal use. The Software may not be resold by you.

4.3 Other than as we permit under clause 5, the Software may only be installed and used on a single computer owned by you. You may make one copy of the Software for back-up purposes only.

4.4 Except as set out in clause 4.3 and to the maximum extent permitted by law, you agree not to copy, compile, disassemble, reverse engineer or otherwise exploit or transfer any rights in the Software.

4.5 You must not remove, modify or render unidentifiable any copyright serial number, identifying codes or other notices contained in the Software. You must not restrict or prevent the display of any of the same on your computer monitor or screen.

4.6 Please be aware that any breach of our or any other third party copyright may be a criminal offence and result in criminal prosecution.

§ 5 Software features and activation
5.1 It is your responsibility to learn about and understand the Software´s features and system requirements before you access or use the Software to ensure that it meets your needs and is compatible with your computer and any software you use.

5.2 Some Software is available free of charge for trial purposes when specifically identified on our website. When available a trial version can be downloaded free of charge for the purposes of testing the software before you purchase. Please be aware that trial versions have time and level limited functionality.

5.3 To access certain Software or upgrade to the full version of trial Software you must pay the relevant price using an accepted payment method, as published on our website. We will then send you a confirmation email containing a licence key/activation code that you can use to activate the Software. Please note that activation and reactivation require an Internet connection at the time of activation or reactivation.

5.4 You must keep the licence key/activation code secret and not distribute it or share it with anyone.

5.5 If you wish to install the Software on a different computer, you must reinstall and reactivate it. This may also be necessary if there is a change to the hardware or software on the existing computer. To reinstall you must download the Software again, install it and then enter the licence key/ activation code. Activation or reactivation is only possible 3 times. You must contact our support at support@bluefish-media.com for any further reactivation.

§ 6 Warranties
We provide the Software to you "as is". To the maximum extent permitted by applicable law, we exclude any and all warranties in relation to the Software, whether express or implied. We do not warrant that use of the Software will be uninterrupted or error free.

§ 7 Limitations of Liability
7.1 We accept unlimited liability in respect of death or personal injury caused to you by our negligence and for any liability arising under the Consumer Protection Act of 1987. We will not limit this responsibility.

7.2 We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) which you provide when accessing or ordering from us.

7.3 We also accept responsibility for loss or damage to your physical property arising from our negligence. We will pay up to £200 for this loss or damage.

7.4 If you suffer any loss or damage (other than that suffered under clause 7.3 above), our total liability to you in connection with these Terms shall not exceed £100.

7.5 We have no obligation to compensate for any financial loss, loss of profit, anticipated savings, loss of or corruption to data or for any loss that could not have been reasonably foreseen (expected) considering this Software is for home use only and not for use in connection with any business.

§ 8 Epilepsy warning
A very small portion of the population has a condition which may cause them to experience epileptic seizures or have momentary loss of consciousness when viewing certain kinds of flashing lights or patterns. These persons may experience seizures while watching some kinds of television pictures or playing certain video games. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy. If you or anyone in your family has an epileptic condition or has experienced symptoms like an epileptic condition (e.g. a seizure or loss of awareness), immediately consult your doctor before using the Software. We recommend that parents observe their children while they play games. If you or your child experiences any of the following symptoms: dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions, DISCONTINUE USE IMMEDIATELY and consult your doctor.

§ 9 Data protection
We respect your privacy and will comply with the applicable data protection laws in dealing with your personal data. For further information please see our privacy policy.

§ 10 General
10.1 These Terms are governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England.

10.2 If any provision of these Terms is held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected.

10.3 These Terms [and relevant details on our website] contain the entire agreement between you and us regarding the Software.

10.4 These Terms of service do not affect your statutory rights (if appropriate) as a consumer.

10.5 [We may vary these Terms from time to time by publishing a new version on our website.]

10.6 If we fail to enforce a right under these Terms, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.

10.7 If a clause or condition of these Terms is not legally effective, the remainder of these Terms shall be effective. We can replace any clause or condition that is not legally effective with a clause or condition of similar meaning that is.

10.8 No term of these Terms is enforceable by any person who is not a party to it.

§ 11 Contact
If you have any questions, comments or complaints regarding these Terms of the Software please write to us at: [Bluefish Media GmbH, Daimlerstraße 8, 41564 Kaarst, Germany or email us at support@bluefish-media.com.]

Cooling Off Notice
You should be aware that the Software which we supplied to you is sealed and unused and you have broken the seal when you have successfully downloaded the Software from our Website. Therefore, upon any successful download you do not have a right of withdrawal or the right to return the product.