Last Updated: 06 May 2022
USERS IN THE UNITED STATES: FOR USERS WHO ARE A RESIDENT OF THE UNITED STATES OR USE THE GAME FROM WITHIN THE UNITED STATES (EACH A “U.S. USER”), SECTION 17 OF THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION THAT APPLY TO YOU, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SECRET MODE. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
1. Limited Use Licence
2. End User Obligations
2.1.1 sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-license, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on or otherwise transfer or deal in copies or reproductions of the Game or any part or interest in it to other parties in any way (except where the Game expressly permits you to do so through sharing content in that Game / on social media);
2.1.2 engage in any act that Secret Mode deems to be in conflict with the spirit or intent of the Game including without limitation using cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Game;
2.1.3 attempt to gain unauthorised access to the Game or to the computers, devices, servers, or networks connected to them by any means other than the user interfaces provided by Secret Mode or its licensors; or
2.1.4 use the Game or the Website for any illegal or immoral purposes.
3. Ownership; Intellectual property
3.1 All right, title, interest and ownership rights and any and all copyrights, design rights, database rights, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications or extensions therefor and all other intellectual property rights of any similar or equivalent type in any territory of the world (“Intellectual Property Rights”), in or connected with the Game (including without limitation Virtual Items) and each part thereof (including by way of example only any titles, code, themes, objects, concepts, artworks, animations, audio-visual effects and methods of operation) and any copies, translations, modifications, adaptations and any other derivative based on the Game (including without limitation Virtual Items) are owned by, belong to and vest in Secret Mode and its licensors.
3.2 The Game (including without limitation Virtual Items) may contain certain licensed materials licensed by third parties to Secret Mode or its licensors. All trademarks and other rights are the property of their respective owners.
3.3 The Game and/or Virtual Items may include intellectual property, or references, relating to third parties such as (without limitation) real-world events, people, organisations, places, stadia, venues, companies and competitions or other real-world references. Except where we may have licensed rights from the relevant party, we do not represent that we have a connection with or any arrangement with such rights owners. We may in some instances make limited use of unlicensed third-party intellectual property for the limited purposes of providing information about and/or to identify real-world facts in an honest and fair way and as permitted by applicable law.
3.4 INTELLECTUAL PROPERTY INFRINGEMENT. We respect the Intellectual Property Rights of others and encourage you to do the same. Accordingly, we have a policy of removing user content or other submissions that violate intellectual property rights of others, suspending access to the Game (or any portion thereof) to any user who uses the Game and/or Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Game and/or Website in violation of someone’s intellectual property rights.
3.4.1 Submitting a Complaint. If you believe your copyright or other intellectual property right is being infringed by a user of the Game or Website, please provide written notice to us:
To be sure the matter is handled immediately, your written notice must:
1. identify the copyrighted work or other intellectual property alleged to have been infringed and your right, title and/or interest in such copyrighted work or intellectual property right;
2. identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
3. explain how such material infringes your right, title and/or interest in the copyrighted work or intellectual property right;
4. contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); and
5. if you are not the owner of the copyright or intellectual property right alleged to have been infringed, provide a statement detailing how you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, we will be unable to address the listed concern.
3.4.2 Submitting a Counter-Notification. We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received take-down notice. In response, you may provide us with a written counter-notification that includes the following information:
1. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
3. your name, address and telephone number.
3.4.3 Termination of Repeat Infringers. We reserve the right, in our sole discretion, to terminate the account or access of any user of the Game or the Website who is the subject of repeated infringement notifications.
3.5 Feedback. Any submissions by you to us (e.g., comments, posts, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., posts submitted to the Website or social media platforms, reviews of the Game submitted to a platform, call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
4.2 We may temporarily discontinue the Game or any Virtual Item, at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
4.5.1 if your use of the Game (including without limitation Virtual Items) was provided to you free of charge, you will not be entitled to any compensation or any refund; and
4.5.2 if you paid for Virtual Items, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (by way of example only, where you have had access to enjoy the in-Game, paid-for Virtual Items for over six (6) months). Where you have not had a reasonable period of opportunity to enjoy the paid-for content, we may offer you a partial or full refund.
5. Warranty and Limitation of Liability
5.1 Secret Mode warrants that it has used and will use reasonable efforts to ensure that:
5.1.1 it is entitled to grant the rights and licences granted hereunder; and
5.1.2 each Game (including without limitation any Virtual Items therein) will be as described, fit for purpose, and of satisfactory quality.
5.2.3 Subject to clauses 5.3 and 5.2.4, Secret Mode and its licensors’ maximum liability will be limited to the greater of: (i) the price you paid for the Game; or (ii) the amounts paid by you to Secret Mode including in respect of Virtual Items; and
5.2.4 Secret Mode and its licensors will not in any event be liable in any way for any EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAl. consequential or indirect loss or damage (INCLUDING for LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE, except to the extent that damage to your device or other digital content which you own is caused by the Game as a result of Secret Mode's failure to use reasonable care and skill, in which case you may be entitled to compensation or Secret Mode may be obliged to repair your device).
6. AGE RESTRICTIONS
Secret Mode does not target the Game to users under 13 years of age. To use the Game you must be both: (a) of an age which meets the minimum age certification requirement of the Game in the territory you are in (where applicable); and (b) in any event, you must be over the age of 13 years. By using the Game you therefore confirm that you are over 13 years of age and, where you are under 18, you confirm that you have your parent’s or guardian’s consent and that your parent or guardian has read and agreed to these terms.
7. USER RULES
7.1 You further agree that you will not in any way conduct yourself in a manner which is illegal or which gives rise to civil or criminal liability or which might call into disrepute Secret Mode or the Game.
7.2 Where the Game allows you to share pre-determined messages with other users, Secret Mode shall be entitled to remove, restrict, suspend or alter that ability for any reason in its sole and absolute discretion.
7.3 You will cooperate fully with Secret Mode to investigate any suspected illegal, fraudulent or improper activity.
8. VIRTUAL ITEMS
8.1 As part of and to enhance your use and enjoyment of the Game you may be able to obtain additional features and digital content that form part of the experience of the Game (“Virtual Items”).
8.4 To cancel a purchase of any Virtual Items you should contact the platform through which you made that purchase. If you cannot use Virtual Items due to an error or fault, you may still be charged. If this happens, please contact Secret Mode and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the platform through which you made that purchase.
8.5 Virtual Items that may be purchased (e.g. through permitted stores such as Apple App Store or the PlayStation Store) may be advertised in the Game.
8.8 When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
8.9 Please notify Secret Mode immediately if you dispute a transaction involving Virtual Items or believe that any transaction is unauthorised.
9. Consumer Rights AND ALTERNATIVE DISPUTE RESOLUTION
10. THIRD PARTY TERMS.
10.2.2 If you make mods available through Steam Workshop or other online services, make sure you keep a backup. We don’t guarantee that mods you publish or make available through Steam Workshop will always be available, and we may also remove them if we think it’s necessary, for example if they don’t comply with our modding guidelines.
10.2.3 If we can’t fix a fault within a reasonable time, or without significant inconvenience, you may be entitled to all or some of your money back in accordance with the Steam Refunds policy;
10.3.1 For end-users that have purchased the Game and/or any Virtual Items through a Sony PlayStation store then any content purchased in an in-game store may be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to the PlayStation™ Network Terms of Service and User Agreement which is available on the PlayStation™ Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the Game.
10.3.2 For end-users based in the United States of America that have purchased the Game and/or any Virtual Items through a Sony PlayStation store this online service has been sublicensed to you by Sony Interactive Entertainment America.
11. Indemnity and Remedies
12. PURCHASES; COOLING OFF PERIOD
12.1 Where you purchase Virtual Items from a digital store or platform (e.g. Apple App Store, Google Play Store or Sony PlayStation Store) and you require a refund, that third party store may allow you to get a refund in some circumstances. You should contact the third party through which you made a purchase, where applicable, in the event that you desire a refund.
12.2 The following applies to users who are not U.S. Users:
12.2.1 If you make a digital content purchase from Secret Mode directly, you are entitled to cancel the purchase within 14 days and to receive a full refund (your "Cooling-Off Right"). However, where you agree that we may begin to supply you with the digital content before the end of that period, then you will no longer be entitled to change your mind about the purchase and obtain a refund.
12.2.2 If you have made a purchase from Secret Mode, have not begun using the content and wish to exercise your Cooling-Off Right you can contact us by email or post using the following form:
To: Secret Mode Limited
32 Jessops Riverside Brightside, Lane, Sheffield, S9 2RX.
I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], for game [INSERT GAME NAME], ordered on [INSERT DATE].
From: [YOUR NAME]
[YOUR EMAIL / TELEPHONE (optional)]
12.2.3 Section 12.2 does not apply to U.S. Users.
13. DEVICE AND INTERNET REQUIREMENTS
You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system capabilities and memory in order to, as each are applicable, download, install, play and store the Game (and where applicable, Virtual Items).
14. DATA PROTECTION
16.6 For users outside of the United States, the following terms shall apply:
16.6.2 In addition, you may have the legal right to bring proceedings in your local jurisdiction and, if this is the case, then you may bring proceedings there. For instance, if you live in Scotland you can bring legal proceedings in respect of the relevant Game in either the Scottish or the English courts.
16.6.3 Section 16.6 does not apply to U.S. Users.
16.7 The following terms shall apply to U.S. Users:
16.7.2 Section 16.7 shall only apply to U.S. Users.
17. DISPUTE RESOLUTION AND ARBITRATION AND CLASS ACTION WAIVER FOR U.S. USERS.
This Provision applies to U.S. Users. If you are a U.S. User, please read this Section 17 (the “Provision”) carefully. It affects your legal rights.
17.2 Pre-Arbitration Claim Resolution. For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by emailing us at email@example.com the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) A description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, than you may pursue your dispute in arbitration. you may pursue your dispute in a court only under the circumstances described below.
17.3 Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, your or we may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). you may opt-out of this Provision by emailing us at firstname.lastname@example.org the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. your decision to opt-out of this Provision will have no adverse effect on your relationship with us. But, we will enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
17.4 Arbitration Procedures. If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
17.4.1 Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
17.4.2 Location of Arbitration – you or we may initiate arbitration in either California or the federal judicial district that includes your billing address.
17.4.3 Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
17.5 Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
17.7 Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.