For the meaning of certain words and phrases please see the Definitions below.
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.
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.
The licence commences on the date that you accept these Terms and install or otherwise use our Services.
The licence ends on the earlier of your disposal of the Services or our termination of the licence in accordance with these Terms.
You may be required to register an Account to use our Services. You must not register more than one Account per licenced copy of each of our Services.
You will take all 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.
To use our Services you must:
Information that you provide to us must be true, accurate and complete at all times.
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.
You will not:
To use our Services you must:
We have the right to withdraw or modify our Services (in whole or in part) from time to time:
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:
Third party services may be used when you:
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:
You understand that:
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.
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 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 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.
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.
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.
To the fullest extent permitted by law, we are not liable for any claims or losses arising directly or indirectly from:
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.
Except as expressly provided to the contrary in these terms, and to the full extent permitted by law:
You agree that you have exercised your independent 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.
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.
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.
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.
We respect your privacy rights and recognise the importance of protecting any information collected about you.
Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our Services and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can play socially. This is intended to make our Services more enjoyable for you and others that use our Services on that social network. If you do not agree to these practices you should not allow our Services to interact with your social network.
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.
Severability - If any part of these Terms are found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Waivers - Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
Governing Law - These Terms are governed exclusively by the law in force in Queensland, Australia. All legal actions in connection with these Terms shall be bought in the state or federal courts located in Queensland, Australia.
Force Majeure - Notwithstanding anything else contained in these Terms, we are not liable for any delay in or failure to comply with these Terms if the delay or failure is caused by circumstances beyond our reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.
If you have any questions about these Terms or our Services you may contact us at:
MadSword Pty Ltd
190 Kelvin Grove Road, Kelvin Grove, Queensland 4059, Australia
+61 7 3356 0429
In these Terms, unless the context otherwise requires, the following words have the following meanings: