Last updated on 18 October 2022
These terms of use (Terms) set out the relationship between you and Halfbrick-games Studios Pty Ltd
(ABN 89 109 693 227) (“us” or “we”) regarding your use of our games and services.
For the meaning
of certain words and phrases please see the Definitions below.
By downloading, playing or
accessing our Services you agree to these Terms. You agree that the Privacy Notice and House Rules form
part of these Terms.
Please read these Terms. If you do not understand these Terms, or do not
accept any part of them, then you should not use or purchase the Services. By installing, using or
accessing our Services you accept our Terms, Privacy Policy and House Rules.
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.
You can access these Terms at any time at Halfbrick-games.com. We reserve the right, at our sole
discretion, to change, modify, add or remove portions of our Terms, Privacy Policy and House Rules by
posting the amended terms at Halfbrick-games.com. Your continued use of our Services confirms your acceptance
of the updated Terms, Privacy Policy or House Rules.
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.
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.
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.
You must comply with any applicable third party terms of agreement when using our
Services, such as Facebook’s terms of use.
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.
To use our Services you must:
our Services may enable you to communicate with other users, or to post
materials that may be made publically 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;
we may reject, refuse to post, modify or delete any User Content for any or no
reason, including, but not limited to, User Content that in our sole opinion violates
these Terms, our Privacy Policy or our House Rules. This may be conducted by our
representatives or by technology that may monitor and/or record your interaction with
our Service;
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 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.
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.
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
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
when you provide data to third parties you are providing it in accordance with
their privacy policy (if any) and our Privacy Policy does not apply in relation to that
data.
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
we provide information to third party advertisers in accordance with our
Privacy Policy.
We reserve the right to limit, suspend, terminate, modify or delete your Account or
your access to our Services or portions of our Services (including User Content) if you, or we
suspect that you are, failing to comply with any of these Terms, our Privacy Policy or our House
Rules or for any actual or suspected illegal or improper use of our Services, with or without
notice to you.
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:
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.
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:
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$10.
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 will collect, process, use and share your personal information in accordance with
our Privacy Notice, as set out in these Terms and as you otherwise consent. Our Privacy Notice
forms part of these Terms.
By using our Services, you agree to these Terms, including our Privacy Notice, and
acknowledge that your agreement is a precondition to your use of the Services.
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.
We may use cookies, or similar technologies to store certain types of information each
time you use our Services. They may for example be used to help us recognise your device and to
ensure that your Account is accessed by the person that inputs the correct username and password
for that Account. You can find out more about how we use cookies and other similar technologies
by reading our Privacy Notice.
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.
Entire agreement - These Terms, our Privacy Policy and our House
Rules set out the entire agreement between you and us concerning our Services and they replace
all earlier agreements and understandings between you and us.
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:
Halfbrick-games Studios Pty Ltd
Address: PO Box 172, Red Hill,
Queensland 4059, Australia
Telephone: +61 7 3356 0429
Email: [email protected]
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.
Apple means Apple Inc. of 1 Infinite Loop, Cupertino,
California.
Claim means any action, claim, proceeding or demand
whatsoever, whether presently existing or arising at any time in the future and whether
referable to events or circumstances which have already occurred or which may occur in
the future.
House Rules means the rules users participation in our
various social media forums which is available for access at House Rules.
Intellectual Property includes all rights throughout the
world in relation to patents, copyright (including moral rights), designs, registered
and unregistered trademarks, trade secrets, know-how and confidential information and
all other intellectual property and any right to register those rights, whether created
before or after the date of this document, and in all cases for the duration of those
rights and any renewal.
Loss means all losses, costs, expenses and damages (including
legal costs and disbursements) sustained or incurred, whether directly or indirectly or
consequentially or in any other way.
Provider Credits means currency-like credits held by you with
a third party provider. Facebook Credits are an example of Provider Credits.
Privacy Policy means our privacy policy, as updated from time
to time, which is available for access at Privacy
Policy.
Services means services offered by us and includes our games,
websites and related services.
Terms means the terms set out in this document, as updated
from time to time.
Update means an update supplied by us that replaces or
supplements the original Service and may include adding, removing, modifying or
otherwise altering features of our Services at our sole discretion.
User Content means any content generated, created, made or
otherwise brought about as a result of using our Services. In the context of user
interaction, this includes any communications, images, sounds and all the material,
data, and information that you upload or transmit through our Services, or that other
users upload or transmit, including without limitation any chat text.
Virtual Items means any virtual items or objects or other
entitlements for use in the context of our Services, and includes any form of virtual
currency.