Terms of use

1. About us and these terms

Our games and highexplosive.com are provided by Charles Cohen, trading as High Explosive, a sole trader in the United Kingdom ("we", "us"). You can reach us through our contact form.

By downloading, installing or playing one of our games, or using this website, you agree to these terms. If you don't agree, please don't use them. Our privacy notice explains how we handle personal data.

2. Games from the App Store

If you get a game from Apple's App Store, your licence to use it is also governed by Apple's Licensed Application End User License Agreement. These terms add to Apple's terms; if they conflict, Apple's terms apply to the extent of the conflict. You also acknowledge that:

• these terms are between you and us, not Apple, and we (not Apple) are responsible for the game and its content;
• Apple has no obligation to provide maintenance or support for the game;
• if the game fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent the law allows, Apple has no other warranty obligation for the game;
• we, not Apple, are responsible for handling any claims relating to the game, including product liability claims, claims that it fails to meet legal or regulatory requirements, and consumer protection claims;
• if anyone claims the game infringes their intellectual property rights, we, not Apple, are responsible for dealing with that claim;
• you are not located in a country subject to a US Government embargo or listed on a US Government list of prohibited or restricted parties; and
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

3. Your licence to play

We give you a personal, non-exclusive, non-transferable, revocable licence to download and play our games on devices you own or control, for your own non-commercial entertainment. You may not:

• copy, sell, rent, sub-license or distribute the games;
• reverse engineer, decompile or modify them, except where the law expressly allows it;
• use cheats, bots, modified clients or automation, or tamper with or fake the results sent to our servers;
• try to access our servers or other players' data in ways we haven't intended, or disrupt the service.

You're welcome to stream, record and share videos and screenshots of our games, including on monetised channels. A link back to the game is always appreciated.

4. Leaderboards and online features

Some features, like Eggspedition's leaderboard and climb statistics, need an internet connection. Your climber name and scores are visible to other players. We may remove results that look like cheating, reset leaderboards (for example when climbs are rebalanced), or suspend players who break these terms.

We try hard to keep online features running, but we can't promise they'll always be available or free of errors, and we may change or stop them. If we stop them, you can still play anything that works offline.

5. Our content

The games, their art, music, code, names and the High Explosive brand belong to us or our licensors and are protected by intellectual property law. Apart from the licence above, these terms don't give you any rights in them. The real-world places that inspire our climbs are named for fun; their appearance in our games doesn't mean any connection with, or endorsement by, their owners.

6. Updates and changes

We may update our games to fix bugs, improve them, change content or keep them working with new devices. Some updates may be needed to keep playing online. We may also update these terms; if we make important changes we'll tell you in the game or on this site, and the new terms will apply from the date shown at the top.

7. Our responsibility to you

If you are a consumer, you have legal rights under the Consumer Rights Act 2015, including that digital content must be of satisfactory quality, fit for purpose and as described. Nothing in these terms affects those rights. Citizens Advice can tell you more about them.

If the game damages a device or other digital content belonging to you because we didn't use reasonable care and skill, we will either repair the damage or pay you compensation. We aren't responsible for damage you could have avoided by following our advice to install a free update, or by meeting the minimum system requirements.

Our games are for personal, non-commercial use, so we aren't responsible for any loss of profit, business or business opportunity. We aren't responsible for losses that weren't foreseeable when you started using the game.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that can't be limited or excluded by law.

8. Ending these terms

You can stop at any time by deleting the game. We may end your licence or online access if you seriously or repeatedly break these terms. Sections that by their nature should continue (such as section 5 and section 7) still apply after that.

9. This website

You may use this website for lawful purposes only. Please don't send spam or abuse through the contact form. Links to other sites are provided for convenience; we're not responsible for their content.

10. Law and disputes

These terms are governed by the law of England and Wales. If you want to bring a claim, you can do so in the courts of England and Wales; if you live in Scotland or Northern Ireland, you can also bring a claim in your local courts. If you live elsewhere, you keep any protection given to you by the mandatory laws of the country where you live. If you have a problem, please contact us first; we'll do our best to sort it out.

If any part of these terms is found to be unenforceable, the rest still applies. If we don't enforce a term straight away, we can still enforce it later.