Last updated on 4th August, 2022
You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agreed to these Terms and is happy for you to access and use our Services.
- Licence 1.1 Subject to these Terms, we grant you a non-exclusive, non-transferrable licence to use our Services for your own non-commercial entertainment purposes. You agree not to use our Services for any other purpose. 1.2 The licence commences on the date that you accept these Terms, download and install or otherwise use our Services. 1.3 The licence ends on the earlier of your disposal of the Services or our termination of the licence in accordance with these Terms.
- User Account 2.1 In situations you may be required to register an Account to use our Services. You may not register more than one Account per licenced copy of each of our Services. 2.2 You will take all reasonable steps to keep your log in details secret. You are responsible for all activities performed using your Account whether the access is authorised by you or not.
- Your Obligations 3.1 To use our Services you must:
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;
attempt to disrupt 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;
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;
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.
- User Interaction 4.1 To use our Services you must:
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.
- Updates & Access To Our Services 5.1 We have the right to withdraw or modify our Services (in whole or in part) from time to time:
for technical reasons (such as technical difficulties experienced by us or on the internet);
to allow us to improve user experience;
where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Services);
because it no longer makes business sense for us to provide the relevant Services or part of our Services; or
because we have altered the Services we provide. 5.2 For the avoidance of doubt, you understand that we have the right to alter our Services at our sole discretion. 5.3 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. 5.4 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.
- Third Party Services 6.1 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, game analytics, social media connectivity and the similar services. 6.2 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. 6.3 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
- Advertising 7.1 By using our Services 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
- Virtual Items 8.1 Our Services may include Virtual Items. These items can be earned through use of our Services or “purchased” with or by the exchange of other Virtual Items or with legal currency or Provider Credits. 8.2 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. 8.3 We reserve the right to control, regulate, change or remove any Virtual Items without any liability to you. 8.4 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. 8.5 If we suspend or terminate your Account in accordance with section 11.3 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.
- Intellectual Property 9.1 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. 9.2 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.
10.2 If we terminate your Account, other than for inactivity, you must not access any other Accounts, or create any further Accounts. 10.3 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. 10.4 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). 10.5 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. 10.6 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.
- Disclaimer & Release 11.1 To the fullest extent permitted by law, we are not liable for any claims or losses arising directly or indirectly from:
a failure to provide our services, or any part thereof;
corruptions to or loss of data, errors or interruptions occurring in the course of using, or as part of, any of our services;
any suspension or discontinuance of any of our services, or any part thereof; or
any use of our services by other users, including any use of our services by other users which contravenes these terms.
- Warranty 12.1 Our services are provided on an “as is” and “as available” basis for your use. You understand that our services cannot be guaranteed to be error free and the existence of any errors will not be a breach of these terms.
12.2 Except as expressly provided to the contrary in these terms, and to the full extent permitted by law:
we will not be liable to you for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, arising out of breach of these terms or arising out of the supply of defective services;
our liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by us, including the consumer guarantees set out in the australian consumer law contained in schedule 2 of the competition and consumer act 2010 (cth) and all similar or equivalent legislation, rules and regulations is limited to (at our option):
in the case of goods (to the extent our services are considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to the you; or
in the case of services – supplying the services again or paying the cost of having the services supplied again; and
Our maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of AUD$7. 12.3 You agree that you have exercised your independent and thoughful judgment in acquiring our services and have not relied on any representation we have made which has not been stated expressly in these terms or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us. 12.4 If you purchased our services from the iOS App store, in the event of any failure of our services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You agree that, to the maximum extent permitted by law, apple will have no other warranty obligation whatsoever with respect to our services, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by us in accordance with these terms.
- Disclaimer & Release 13.1 Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.
13.2 You must take your own precautions to ensure your access to our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your Devices which arises in connection with your use of our Services.
- General 15.1 Assignment – We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these Terms unless we first agree to this in writing.
- Contact 16.1 If you have any questions about these Terms or our Services you may contact us at: Playstate Studios Pty Ltd
Address: 70 Clarence Rd, Indooroopilly, Queensland 4068, Australia
- Definitions 17.1 In these Terms, unless the context otherwise requires, the following words have the following meanings:
Account means a user account registered in accordance with clause 3.1.