These Terms of Use govern your use of lysogenicgames.com, the DateNight Game Vault and the other online functionality made available by DateNight.
Please read them before using the website or its interactive features.
These Terms of Use are separate from our Terms & Conditions of Sale, which govern purchases of DateNight products.
1. About us
DateNight is a trading name of Aaron Johnson, trading as DateNight.
Our business and correspondence address is:
DateNight
124 City Road
London
EC1V 2NX
United Kingdom
Our electronic contact address is:
For routine customer support, please use the Support section of the website.
In these Terms of Use, “DateNight”, “we”, “us” and “our” refer to the person or business trading as DateNight.
2. About these Terms of Use
These Terms of Use apply to use of:
- lysogenicgames.com;
- the DateNight Game Vault;
- save and retrieve game functionality;
- reward and punishment recording or redemption functionality;
- email-verification and access features;
- support and contact functionality;
- interactive or user-submitted functionality; and
- other online features we may make available from time to time.
By using the website or relevant online functionality, you agree to comply with these Terms of Use.
If you purchase a DateNight product, our Terms & Conditions of Sale also apply to that purchase.
Where both documents apply, these Terms of Use govern use of the website and online functionality, while the Terms & Conditions of Sale govern the purchase and supply of products.
Nothing in these Terms of Use removes any mandatory rights you may have under applicable law.
3. Eligibility and permitted use
DateNight and its relevant online functionality are intended for adults aged 18 and over.
You may use the website only:
- lawfully;
- for its intended purposes; and
- in accordance with these Terms of Use.
Access to some functionality may require, for example:
- email verification;
- a game code;
- an access link;
- information supplied with a DateNight product;
- registration information; or
- another reasonable security or eligibility check.
The fact that a particular part of the website can technically be accessed without an account does not give a person permission to bypass any access restriction or use information belonging to another user.
4. The Game Vault
The Game Vault is an online companion feature associated with DateNight.
Depending on the functionality available at the relevant time, the Game Vault may allow users to:
- save and retrieve game state;
- record cards or other gameplay information;
- save rewards and punishments;
- record scores or game history;
- send game reward cards to another player;
- record or initiate reward redemption; and
- use other related functionality that we make available.
Some Game Vault functionality may be limited to purchasers or other authorised users.
We may also make some or all Game Vault functionality available without requiring purchase of a DateNight product.
The Game Vault is not intended to be permanent archival or data-storage infrastructure. You should not rely on it as the only permanent record of information that is important to you.
We may apply reasonable retention periods to stored information and may remove information where reasonably necessary for technical, security, privacy, legal or operational reasons.
5. Access, verification and security
DateNight may use email verification, access links, game codes or other mechanisms to control access to online functionality.
You are responsible for:
- providing information that is accurate to the best of your knowledge;
- taking reasonable care of any game code, access link or other access information supplied to you;
- not deliberately sharing access information with someone who is not intended to have it; and
- taking reasonable steps to prevent unauthorised use where you become aware that access information has been compromised.
Some links or game codes may allow another intended participant, such as a person with whom you are playing DateNight, to access relevant game information without creating an account.
If you intentionally provide such access information to another person, you understand that they may be able to access the information associated with that link or code.
You must not attempt to obtain, view, alter or interfere with another person's game, saved information or other data without authorisation.
6. Security and abuse-prevention controls
We may use reasonable technical and operational controls to protect DateNight, its users and its systems.
These may include, for example:
- rate limits;
- email verification;
- access-code checks;
- automated abuse detection;
- request limits;
- temporary access restrictions;
- security monitoring; and
- other proportionate fraud, security or misuse-prevention measures.
The existence or absence of a particular technical control does not give permission to access or use the service in an unauthorised way.
7. Acceptable use
You must not use the website or DateNight online functionality in a way that is unlawful, fraudulent, abusive or materially interferes with the service.
For example, you must not intentionally:
- gain or attempt to gain unauthorised access to our systems or another person's information;
- bypass or circumvent authentication, verification, access or security controls;
- introduce malware, malicious code or other harmful material;
- probe, test or scan systems for vulnerabilities without our permission;
- use scraping, automated requests, bots or similar tools in a way that circumvents controls or materially disrupts the service;
- interfere with, overload, damage or impair the operation of the website;
- impersonate another person;
- use the service fraudulently;
- harass, threaten or abuse another person through DateNight functionality;
- submit or transmit unlawful content;
- use another person's information without appropriate authority;
- misuse the Support system; or
- use DateNight systems to commit, assist or facilitate unlawful activity.
These examples are illustrative and are not intended to be an exhaustive list of every prohibited act.
8. Interactive features and communications with other people
Some DateNight features may allow you to save information relating to another player, initiate a reward redemption, nominate a recipient or otherwise use another person's contact information as part of an intended feature.
You must use those features responsibly and for their intended purpose.
Where you provide another person's contact information, you must do so lawfully and must not use DateNight functionality to send unwanted bulk communications, harass another person, impersonate them or otherwise misuse their information.
We may restrict use of interactive features where reasonably necessary to address abuse, security concerns or unlawful use.
9. Content you submit through the website
You may be able to deliberately submit information or content through DateNight functionality, including gameplay information, reward or punishment information, messages, Support requests or other material.
You retain any rights you have in content that you submit.
By deliberately submitting content through a DateNight feature, you grant us a non-exclusive, royalty-free licence to host, store, copy, process, transmit, reproduce and display that content only to the extent reasonably necessary to:
- provide the feature for which you submitted it;
- make it available to you or an intended recipient where the feature requires this;
- operate and secure the service;
- provide Support;
- maintain appropriate backups; and
- comply with applicable legal obligations.
This licence does not transfer ownership of your content to DateNight.
You must not knowingly submit content where doing so infringes another person's rights or is unlawful.
This section is limited to content submitted through website functionality. It does not expand any separate licence that may apply to photographs, videos or other content deliberately submitted, tagged or publicly shared with DateNight through social media or a specific campaign. Any such use is governed separately by the terms applicable to that activity.
10. Gameplay, rewards, punishments and user responsibility
The website may display, record or facilitate DateNight gameplay, including rewards, punishments, challenges and redemption information.
Every reward, punishment and challenge is optional.
Either player may decline an activity.
Nothing displayed, stored or facilitated by the website requires any person to undertake an activity that is unsafe, unlawful, non-consensual or inappropriate for them.
Users remain responsible for the activities they independently choose to undertake and for deciding whether their circumstances and environment are suitable.
If a particular activity is not appropriate, users should not undertake it.
DateNight online functionality records or facilitates gameplay; it does not guarantee that every activity will be appropriate for every person or circumstance.
Nothing in this section excludes or restricts liability that cannot legally be excluded.
11. Third-party games, activities, products, venues and services
DateNight may refer to, or be used alongside, third-party games, activities, products, venues or services.
References to third parties are generally examples of ways DateNight may be used and do not mean that DateNight is affiliated with, sponsored by or endorsed by the relevant third party unless we expressly state otherwise.
You remain responsible for complying with any rules, restrictions or terms that apply to a third-party game, activity, venue, product or service that you choose to use.
12. Intellectual property
Unless stated otherwise, intellectual-property rights in DateNight and the website—including DateNight branding, artwork, card designs, written content, rules, graphics, photographs, videos, software, interfaces and other website materials—are owned by us or used by us with permission.
You may access and use the website and its functionality normally for their intended personal use.
You may not, without permission:
- reproduce or distribute the whole or a substantial part of protected DateNight materials;
- copy or reproduce DateNight card designs or artwork for unauthorised distribution;
- reproduce or exploit website software or protected materials commercially;
- remove or obscure ownership notices;
- present DateNight intellectual property as your own; or
- use DateNight branding in a way that misleadingly suggests sponsorship, endorsement or affiliation.
Nothing in these Terms of Use prohibits an act that applicable intellectual-property law permits.
13. Website availability
We aim to keep the website and its functionality available, but we do not guarantee uninterrupted or error-free operation.
Availability may be affected by matters such as:
- maintenance;
- software updates;
- hosting or infrastructure failures;
- internet or telecommunications failures;
- security incidents;
- third-party service failures; or
- circumstances outside our reasonable control.
We may temporarily suspend all or part of the website where reasonably necessary to maintain, repair, secure or develop it.
Nothing in this section removes any mandatory right or remedy that applies where particular online functionality formed part of a consumer purchase.
14. Changes to the website and online functionality
We may develop and change DateNight's website and online functionality over time.
For reasonable technical, security, legal, operational or product-development reasons, we may:
- update the website;
- alter its design;
- add, change or remove individual functionality;
- change technical requirements;
- introduce new security controls;
- carry out maintenance; or
- replace functionality with an updated version.
We may discontinue functionality where reasonably necessary or appropriate.
Where particular functionality formed a material part of a product or service purchased by a consumer, nothing in these Terms of Use allows us to remove mandatory rights or remedies that applicable law gives that consumer.
15. Suspension and restriction
We may restrict or suspend a person's access to some or all DateNight online functionality where we reasonably consider this necessary because, for example:
- these Terms of Use have been materially breached;
- there has been an attempt at unauthorised access;
- the service is being abused or disrupted;
- another person's information or security may be at risk;
- fraud or unlawful activity is suspected;
- a security incident requires temporary action; or
- restriction is reasonably necessary to comply with law or protect the service.
Where reasonably practicable, any restriction will be proportionate to the issue involved.
We may restore access when the reason for the restriction has been resolved where appropriate.
Nothing in this section removes any mandatory right that cannot lawfully be restricted.
16. Removal of content
We may remove, restrict or disable access to user-submitted content where we reasonably believe this is necessary because the content:
- is unlawful;
- infringes another person's rights;
- breaches these Terms of Use;
- is being used for fraud, harassment or abuse;
- creates a security risk; or
- must be removed to comply with a legal obligation.
Where appropriate, you may report suspected unlawful or abusive use through the Support section of the website.
17. External links and third-party services
The website may contain links to or rely upon services operated by third parties.
For example, the website may depend on external infrastructure, payment, email, hosting or other technology providers.
Where you leave DateNight and use an independent third-party website or service, that third party may operate under its own terms and privacy policies.
We are not responsible for the independent operation or content of third-party services that we do not control.
However, nothing in this section excludes responsibility that applicable law places on DateNight for its own actions, obligations or consumer contracts.
18. Responsibility and liability
If you use the website as a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of these Terms of Use or our failure to use reasonable care and skill, to the extent required by law.
We are not responsible, to the extent permitted by law, for loss or damage caused solely by:
- an independently chosen activity undertaken by a user;
- misuse of DateNight or the website;
- failure to follow relevant instructions or warnings;
- unauthorised sharing or misuse of access information by a user;
- unlawful conduct by a user; or
- an independent third-party service outside our control,
except where the relevant loss is nevertheless legally our responsibility.
Nothing in these Terms of Use excludes or restricts liability where doing so would be unlawful, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- consumer or other statutory rights that cannot legally be excluded or restricted.
19. Privacy
We process personal information in accordance with our Privacy Policy.
The Privacy Policy explains matters including the personal information we collect, why we use it, how long we retain it, who it may be shared with and the rights available to individuals under applicable data-protection law.
Where a DateNight feature allows you to provide another person's information, our handling of that information is also subject to the Privacy Policy.
20. Cookies and similar technologies
Use of cookies and similar storage or access technologies is described in our Cookie Policy.
Where applicable, choices and consent for non-essential cookies or similar technologies are handled through the website's cookie controls.
These Terms of Use do not replace the Privacy Policy, Cookie Policy or any consent mechanism that is separately required.
21. Support
The DateNight Support section is the primary route for customer-support requests relating to the website and online functionality.
Support functionality must not be used fraudulently, abusively or in a way that materially interferes with our ability to assist other users.
We may use information submitted through Support to investigate and resolve the relevant request in accordance with our Privacy Policy.
22. Changes to these Terms of Use
We may update these Terms of Use from time to time, including to reflect:
- changes to the website or Game Vault;
- new or altered functionality;
- changes to our business;
- security requirements;
- changes in law or regulation; or
- other reasonable operational requirements.
The date at the top of these Terms of Use shows when they were last updated.
Updated Terms of Use will apply to use of the website and relevant online functionality from the stated effective date.
Where a change materially affects existing users or functionality, we will take reasonable steps to make the updated terms available before or when the change takes effect where appropriate.
We will not use a later version of these Terms of Use to retrospectively remove rights that have already accrued or any mandatory consumer rights.
23. Relationship with the Terms & Conditions of Sale
These Terms of Use govern access to and use of the DateNight website and online functionality.
Our Terms & Conditions of Sale govern contracts for the purchase and supply of DateNight products.
A person may therefore be subject to both documents at the same time.
For example, the Terms & Conditions of Sale govern the purchase of a DateNight product, while these Terms of Use govern subsequent use of the Game Vault.
If there is an apparent inconsistency:
- the Terms & Conditions of Sale govern the purchase and supply of the product; and
- these Terms of Use govern use of the website and online functionality,
subject always to any mandatory rights under applicable law.
24. Severability
Each provision of these Terms of Use operates separately.
If a court or competent authority decides that any provision is unlawful or unenforceable, the remaining provisions will continue to apply.
25. No waiver
If we do not immediately enforce a right under these Terms of Use, that does not mean that we have given up that right.
26. Governing law and jurisdiction
These Terms of Use are governed by English law.
If you are a consumer living elsewhere in the United Kingdom, this does not deprive you of mandatory protections available to you under the law applicable to you.
The courts of England and Wales will have non-exclusive jurisdiction in relation to consumer disputes.
If you live in Scotland or Northern Ireland, you may also be entitled to bring proceedings in the courts applicable where you live.
For non-consumer use, the courts of England and Wales will have exclusive jurisdiction unless otherwise agreed in writing.