Mugshot Games Pty Ltd
Terms of Service
Last updated 29 September 2014
You agree that you are at least 13 years old and that if you are between 13 and 18 years old, your legal guardian has reviewed and agreed to these Terms and gives their permission for you to use our Services.
We permit you to post monetized videos of our games for reviews and ‘let’s play’ videos, as long as you send us a link to the video via our contact form at www.mugshotgames.com/contact.
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 date of either 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 login details and keep them secret. You are responsible for all actions performed using your Account whether the access is authorised by you or not.
To use our Services you must:
- not be located in a country that is subject to an embargo by the Commonwealth of Australia or the United States of America;
- not be included on a list of prohibited or restricted parties by the government of the Commonwealth of Australia or the United States of America; and
- comply with the laws that apply to you in the location from which you access our Services and restrict or stop the use of our Services, if required.
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, the Amazon App store and the Windows Phone Store.
You will not:
- rent, lease, lend, sell, transfer, redistribute or sublicense our Services, or make our Services available over a network where they 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 first remove any copies of our Services;
- use or promote any form of cheats, modifications, exploits or other unauthorised means to interfere with, or gain undue advantage in the use of our Services;
- attempt to disrupt the normal operation of our Services, 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 to intercept or access any data that we transmit, process or store;
- 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.
Updates and Access to our Services
We have the right to withdraw or modify our Services in whole or in part, from time to time and at our sole discretion:
- for technical reasons, including technical difficulties experienced by us or on the internet;
- to allow us to improve our 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 thereof; or
- because we have altered the Services we provide.
You understand that there may be times when our Services in whole or in part, are unavailable for technical or maintenance reasons, both scheduled and unscheduled.
You understand that:
- we may, at our sole discretion, require you to accept Updates to continue accessing 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
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, the Google Play Store, the Amazon App store and the Windows Phone 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 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 the Service will never include advertising;
- 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
Our Services may include Virtual Items. These items can be earned through the 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 perceived loss 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 you suspend or terminate your Account in accordance with the “Termination of Account or Services” section 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 licenced 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 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 possible, any moral rights that you have now or in the future with respect to your User Content.
Termination of Account or Services
If we terminate your Account, other than for inactivity, you must not access any other Accounts or create any additional 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 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. This includes, 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 the law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
Disclaimer and Release
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;
- the corruption of data, loss of data, errors or interruptions occurring during the use of our Services;
- the suspension or discontinuance of any of our Services, or any part thereof; or
- any use of our Services by other users, including those who contravene 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 fullest extent permitted by law:
- we will not be liable to you for any loss, including special, indirect or consequential damages (such as a loss of profits), or claim, arising from a breach of these Terms or from 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 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 that 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 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 judgement when acquiring our Services and have not relied on any representation we have made that has not been stated expressly in these Terms, or on descriptions, images or specifications contained in any document, including catalogues or publicity material, provided 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 obligations 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.
Data Transmission and Computer Viruses
You understand that no data transmission over the internet can be guaranteed as totally secure and accept that any information that you transmit to us is transmitted at your own risk. However, once we receive your data, we will take reasonable steps to ensure it is stored securely.
You must take your own precautions to ensure that your access to our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference that may damage your Devices in connection with your use of our Services.
We respect your privacy and recognise the importance of protecting any information that is 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 with our Services. If you use our Services and agree to allow them to interact with a social network, you are giving us permission to use any information that the 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 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 it in writing.
Severability – If any part of these Terms is found to be invalid or unenforceable, that part will be limited or eliminated to the maximum extent necessary to allow the other Terms to remain enforceable to their full force and effect.
Waivers – Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights can 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 New South Wales, Australia. All legal actions in connection with these Terms shall be brought in the state or federal courts located in New South Wales, 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, strike, lock out, stoppage of work, trade dispute or any act of war or terrorism.
If you have any questions about these Terms or Services you may contact us at:
Mugshot Games Pty Ltd
PO Box 1133
Broadway NSW 2007
or via the contact form at www.mugshotgames.com/contact.
In these Terms, unless the context otherwise requires, the following words have the following meanings:
- Account means a user account registered in accordance with the “Your Obligations” Section.
- 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 a time in the future, and whether referable to events or circumstances that have already occurred or that may occur in the future.
- Devices means any equipment used to access our Services, including but not limited to, smartphones, tablets, computers, game consoles and virtual reality headsets.
- 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, for example Facebook Credits.
- 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.