CONVICT GAMES TERMS OF SERVICE
This End User License Agreement and Terms of Service (the “Terms”) are an agreement between you and Convict Games Pty Ltd (Australian Business Number: 37 620 257 81 ). Convict Games, along with our representatives, affiliates, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, and agents, provide the Applications to you subject to the following Terms, which you acknowledge, agree to and consent to by using the Applications.
These Terms may be amended by us from time to time at our sole discretion. Please periodically review the controlling version of these Terms. By continuing to use the Applications subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.
You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.
When using the Applications, you shall be subject to any Posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms. We may also offer other Applications, games or websites that are governed by different terms.
Convict Games grants you a personal, non-exclusive, limited right and license to install, store and play our Applications, including future patches and updates, ONLY for personal use and enjoyment. Our Applications are not being sold, given or otherwise transferred to you, nor do our EULA’s or Terms of Service transfer to you any promotional use rights for STONE.
Convict Games provides STONE “AS IS” without warranty and “with full faults”, we will strive throughout the active life of STONE to patch it regularly and make improvements and fixes, but ultimately STONE is provided “AS IS”.
The grant of license as set forth in these Terms is specifically conditioned upon the following:
You have accepted all of the obligations contained in these Terms, and any additional requirements, rules, or obligations, as may be applicable to the Application(s) you are using, which is evidenced by your use of the Application(s);
You will comply with all of the Terms until such time as you have terminated your use of the Application(s) by deleting all aspects of the Application(s) from your hardware and deletion of Application-related files;
You will use the Application(s) only for personal use only, running validly licensed copies of operating systems on which the Application was designed to operate; and
You will refrain from using any hacks, cracks, bots, or third-party software which may modify, temporarily or permanently, the code or the user experience of the Application(s), whether on your local device or on servers which enable use of any features of the Application(s).
ABOUT OUR APPLICATIONS
The Applications may be made available to you directly or through third-party services, such as Xbox Live, Sony PlayStation, Steam, iTunes and Google Play. These third-party services may require you to download and install software and create an account before downloading the Applications. When using our Applications, you hereby acknowledge that your device may connect to or utilize third party data networks, which may incur fees based on your use of those networks. If you have a third party network carrier linked to your device, that carrier’s normal rates and fees, such as text messaging and excess broadband fees will still apply. In the event you dispose of or transfer ownership of your mobile device, you agree to uninstall and delete the Applications before doing so.
You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein, or your violation or breach of any rights of or agreements, undertakings, representations or warranties with another in any way related to the Applications and/or Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
YOU USE THE APPLICATIONS AT YOUR SOLE RISK. WE PROVIDE THE APPLICATIONS “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE APPLICATIONS AND GOODS OR SERVICES PURCHASED THROUGH THE APPLICATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APPLICATIONS.
WE MAKE NO WARRANTY THAT (1) THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; (2) THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE APPLICATIONS’ RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATIONS WILL MEET YOUR EXPECTATIONS; OR (5) THE APPLICATIONS, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
DELAYING, REJECTING OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE APPLICATIONS (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
IMMEDIATELY TERMINATING YOUR ACCESS TO THE APPLICATIONS FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE APPLICATIONS, INCLUDING BUT NOT LIMITED TO ANY SECURITIES TRADING OR INVESTMENT RELATED INFORMATION;
ANY USER CONTENT THAT DOES NOT GET RECORDED, OR IS DELETED; OR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH OTHER APPLICATIONS USERS, THIRD-PARTY ADVERTISEMENTS OR SERVICE PROVIDERS, OR THIRD-PARTY WEBSITES, FOUND ON OR THROUGH THE APPLICATIONS, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, POLICIES, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE APPLICATIONS, OR WITH ANY PARTY WHO PROVIDES ADVERTISING OR THIRD-PARTY SERVICES IN CONNECTION WITH, ON, OR THROUGH THE APPLICATIONS, OR WITH ANY PARTY WHO PROVIDES A WEBSITE OR APPLICATION LINKED TO BY THE APPLICATIONS, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR UNDER OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
These Terms and the relationship between you and us shall be governed by the laws of the State of Victoria, in Australia, as an agreement wholly performed, negotiated and executed therein, as well as applicable federal law of Australia. You agree that: (i) the Applications shall be deemed solely based in Victoria; and (ii) the Applications shall be deemed passive applications that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Victoria.
Any dispute relating in any way to or arising under or out of your use of the Applications or these Terms shall be adjudicated in the state and federal courts of the State of Victoria. You hereby consent to personal jurisdiction and venue in this court.
Regardless of any statute or law to the contrary, any claim or cause of action arising under or out of or related to your use of the Applications or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
These Terms constitute the entire agreement between you and Convict Games, and govern your use of the Applications.
These Terms supersede any prior agreements between you and us with respect to the Applications.
These Terms and the rights, benefits, and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceedings that may arise between the parties.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or contractual effect.
We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Applications, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, liability limitations, warranty disclaimers, claims, or defenses here under. Upon termination of these Terms you will no longer have a right to access your account, your code, or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may opt not to keep any backup of any of your User Content. We will not be responsible for deleting your User Content. Note that, even if your User Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your User Content).
This Policy may change from time to time. The most current version of our Terms can be found at http://www.convictgames.com/tos. We will always keep this up to date so that you know what information we will collect from you, how we may use it, and when we may disclose it.
You can lodge a complaint with us about any breach of our Terms of Service at the address below.
Terms of Service Contact Information
If you have any questions about our Terms of Service, please contact us at: