For the meaning of certain words and phrases please see the Definitions below.
If a child wishes to use our Services, the child’s legal guardian agrees to these Terms as a precondition to the child’s use.
2. Right To Use Our Services
Subject to these Terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our Services for your own personal, non-commercial, entertainment purposes. You agree not to use our Services for any other purpose. The rights granted to you are subject to your full compliance with these Terms.
Except as set out in clause 2.2 above, you do not receive any other license and we retain all right, title and interest in and to the Services. This means we own at all times all copyright, trade marks, code, software, characters, themes, character names, game names, storylines, dialogue, settings, artwork, sounds effects, music, in-app items, gameplay recordings, trade secrets, patents, titles, and any and all rights in, or derived from, the Services. The Services must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld in our sole discretion.
The licence ends on the earlier of your disposal of the Services or our termination of the licence in accordance with these Terms.
3. Virtual Items
Our Services may include Virtual Items. These items can be earned through gameplay or “purchased” with legal currency or Provider Credits.
You agree that Virtual Items only exist within our Services and can never be exchanged for real money, real goods or real services from us or anyone else. You do not own Virtual Items but instead you purchase a limited personal revocable licence to use them. Any balance of Virtual Items does not reflect any stored value.
We reserve the right to control, regulate, change or remove any Virtual Items without notice and without any liability to you.
You are not entitled to bring any Claims in respect of, and do not suffer, any Loss as a result of any "loss" of or "damage" to your Virtual Items. To the full extent permitted by law, we will not be liable to compensate you in respect of any matter whatsoever related to the Virtual Items, including but not limited to any Loss you allege to have suffered or any Claims you allege to be entitled to bring.
If we suspend or terminate your Account due to your breach of these Terms you will lose any Virtual Items that you may have and we will not compensate you for this loss or make any refund to you.
If you successfully request that your personal data be deleted in accordance with the Privacy Notice, you will permanently lose all your Virtual Items, and other Account information, will not have any right to refund. Once deleted, we can no longer associate such any Virtual Items with you.
4. Your Obligations
You will not:
rent, lease, lend, sell, transfer, redistribute or sublicense our Services, or make our Services available over a network where it could be used by multiple Devices at the same time. If you sell or otherwise dispose of, transfer or assign any Devices containing our Services, you must remove any copies of our Services before doing so;
use or promote the use of any form of cheats, modifications, exploits or other unauthorised means to interfere with, or gain undue advantage in your use of, our Services;
use the Services for any commercial purpose without our prior written connect. Without limiting the foregoing you must not make our Services available for public use such as in a games arcade, use our Services within your own products or content such as in television programmes or films, use our Services in advertising, solicitation or transmission of any commercial advertisements in any way;
attempt to disrupt or burden the normal operation of our Services, or any of our infrastructure or any of our other business activities;
attempt to gain unauthorised access to our Services;
make any automated use of our Services;
impersonate any other person in your use of our Services;
post another person’s personal information or data through our Services without that person’s consent;
use our services to distribute any information, content or materials that is in breach of our House Rules
attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
use our Services to harass, abuse, threaten or harm another person or to attempt to, or incite another, to harass, abuse or harm another person or group;
copy, distribute, make available to the public or create a derivative work from our Services or any part thereof unless we have first agreed to this in writing;
use our Services to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, our Services or other users; or
use our Services in connection with the actual or attempted contravention of any laws.
You are responsible for ensuring that your installation and use of our Services does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
You must comply with the terms of service of the relevant digital storefront where you obtained our Services, including but not limited to the Apple iOS App Store, the Google Play Store and the Amazon App Store.
Information that you provide to us must be true, accurate and complete at all times.
To use our Services you must:
not be located in a country that is subject to an embargo by the government of the United States of America or the Commonwealth of Australia;
not be included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia; and
comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and using our Services.
5. User Interaction
To use our Services you must:
our Services may enable you to communicate with other users, or to post materials that may be made publicly available;
you are solely responsible for the User Content that you post on, through or in connection with our Services;
you grant us a royalty free, worldwide, non-exclusive, sub-licensable right to use any User Content (including your Intellectual Property) created or submitted using our Services;
User Content is considered non-confidential and non-proprietary. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on our Services. We have no obligation to evaluate, use or compensate you for any ideas or information you choose to submit;
you will comply with our House Rules at all times when posting material and interacting using our Services;
you are responsible for all risks associated with the use of any User Content available when using our Service. We are not responsible or liable for the accuracy or content of user posts or transmissions made by other users of our Services, and we are not liable for any Loss or Claim resulting from any action taken or reliance made by you regarding any User Content; and
you are solely responsible for interaction with other users of our Service and any other parties that you interact with through our Services. We reserve the right to become involved in these disputes at our sole discretion. If you have a dispute, you release us from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with the dispute.
6. Intellectual Property
You agree that all Intellectual Property relating to our Services is owned by or licenced by us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our Services.
Our Services may allow you to create User Content. To the extent that any User Content created by you gives rise to any Intellectual Property rights, you will retain ownership of these, and you grant us a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable licence to use, exploit or modify your User Content in any way and for any purpose, without compensation to you. You further agree not to enforce, and otherwise waive to the fullest extent legally possible, any moral rights that you may have now or in the future in respect of your User Content.
7. Accounts and Login
Certain parts of our Services may enable you to create an Account or otherwise login to the Services. Where you do so you must take reasonable steps to protect your log in details and keep them secret. You are responsible for all activities performed using your Account whether the access is authorised by you or not. We will assume anyone using your Account has your permission to do so.
8. Updates & Access To Our Services
We have the right to withdraw or modify our Services (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter our Services at our sole discretion.
You understand that there may be times when our Services or any part of our Services are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
You understand that:
we may, at our sole discretion, provide Updates and we may require you to accept the Updates to our Services;
you may need to update third party software from time to time in order to receive our Services;
it is your responsibility to update our Services and third party software when updates are available. We are not liable for any Loss that you may suffer as a result of your failure to update; and
we are not obliged to support our Service by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other services in relation to your use of our Services
9. Third Party Services
Third party services may be used when you:
purchase, install or update our Services, including but not limited to digital storefronts such as the Apple iOS App Store, Google Play Store, Amazon App Store; and
use our Services, including but not limited to gameplay recording and sharing, social media connectivity and the like.
These third party services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. We are not liable for the activities of any such third parties.
Our Services may contain links (including via advertisements) to third party websites or other third party content or services. Those links are provided for convenience only and may not remain current or be maintained. You understand that:
links to third party content or services are not endorsements, approvals or recommendations by us of the third parties, or of any content or services provided by them;
your use of any third party content or services may be subject to separate terms and conditions; and
You understand that:
our Services may feature advertisements from us and/or third parties;
we may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that that Service will be an advertising-free Service;
we are not responsible for the content of any third party advertisements, nor the content of any website or other materials that may be linked to by third party advertisements, and you view those third party websites and materials at your sole risk; and
11. Termination Of Account Or Services
If we terminate your Account, other than for inactivity, you must not access any other Accounts, or create any further Accounts.
We reserve the right to delete your Account if no activity is conducted by you in relation to the Account for 180 or more days. If your Account is deleted for this reason, you will no longer be able to access and/or use any Virtual Items associated with that Account and no refund will be offered to you.
You understand that if you delete your Account, or if we delete your Account in accordance with these Terms, you may lose access to any data previously associated with your Account (including, without limitation, the level or score you have reached in our Services and any Virtual Items associated with your Account).
Upon termination, you must destroy any remaining copies of our Services and any associated documentation or otherwise return or dispose of such material as we direct.
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.