Terms & Conditions

End-user licence agreement

Please read this Licence Agreement carefully before downloading and/or using any Spunge Games Product and/or Service.

This end-user license agreement (the “License Agreement”) is a legal agreement between Spunge Games Pty Ltd and you (“you” or the “Licensee).

By using, accessing downloading or installing any Spunge Games game or application (“Product and/or Service”) you agree to be bound by this License Agreement. If you do not agree to the terms of this Licence Agreement, do not install, download, copy or use the Products and Service in any way.

The Product and/or Service is distributed for the exclusive use of authorised end users in accordance with the provisions of this Licence Agreement and of Spunge Games Privacy Policy, which forms an integral part hereof by means of this reference. The Privacy Policy can be viewed by accessing here.

Spunge Games reserves the right, in its sole discretion, to modify or revise the terms of this License Agreement at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the modifications or revisions of the License Agreement, do not use the Products and/or Service. Users are responsible for periodically viewing the License Agreement. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised License Agreement.

If you do not agree to the amended License Agreement, your only remedy is to discontinue your use of the Product and/or Service and cancel any accounts you have made using the Product and/or Service.

This Licence Agreement replaces any previous agreements between the parties with regards to the Service or any other game that this may substitute. Moreover, insofar as the applicable laws allow, the provisions of this Licence Agreement prevail over any publicity or advertising concerning the Service or documentation in the event that such publicity or advertising contradicts and/or was produced prior to this Licence Agreement.

Granting of the Licence

Acceptance of this Licence Agreement allows you to install the program (hereinafter referred to as “the Product and or Service”) on your device, so that you can use the Service. Spunge Games grants you a limited, non-exclusive, revocable (at any time) and non-transferable right to use the Product and/or Service, for non-profit entertainment purposes and for no other purpose whatsoever.

Intellectual Property

The product and/or Service, as well as any materials and elements relating thereof (including but not limited to documentation, source and object code, characters, designs, graphics, animations, software, information, video, sounds, music, audiovisual effects, storyline, concepts, text, and their selection and arrangement, jointly, the “Materials”), are either owned or controlled by Spunge Games.

The Product and/or Service and the Materials are protected by intellectual property laws, patents and international copyright treaties, as well as any other laws and treaties in force relating to intellectual property.

You agree that no Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, back-engineered, scraped, displayed, publicly communicated, transformed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise used or exploited in any way without express prior written permission of Spunge Games. All uses of protected Material, including any derivative use, require express prior written permission from Spunge Games. Any reproduction, redistribution or any other use or exploitation of Materials not in accordance with this License Agreement is expressly prohibited and may result in civil and/or criminal penalties.

Spunge Games remains the owner of right, title, and interest, including copyrights and other intellectual property rights, in and to all Materials. You acknowledge that you do not acquire any ownership or other rights by using the Service or by accessing any Materials posted on the Product and/or Service by Spunge Games, or any derivative works thereof.

Restrictions

In addition to the limitations set out in the previous paragraphs, you accept that you may not, under any circumstances:

  • In full or in part, perform reverse engineering, decompile or disassemble the Service Client or any other program based on the Product and /or Service.
  • Create source code or derivative works based on the Product and/or Service.
  • Use automated programs (bots), hacks modifications or any other unauthorised program designed to alter the Product and/or Service experience.
  • Use the Product and/or Service or any part thereof for any commercial purpose.
  • Modify the files that comprise the Product and/or Service without express written permission
  • Sell, lease or licence the Product and/or Service to third parties and/or transfer copies of the Product and/or Service to third parties.

Evaluation

You may send Spunge Games information regarding the functioning and any problems you may have detected in relation to the Service Client and/or Service, as well as suggestions regarding improvements that you consider could be made thereto. Said reports may be used by Spunge Games for any purpose, without need of your express consent.

Updates

We may, at our sole discretion, provide Updates and we may require you to accept the Updates to our Products and/or Service you may need to update third party software from time to time in order to receive these Updates and continue using our Products and/or Service. It is your responsibility to update our Service 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.

We are not obliged to support our Products and/or Service by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other Service in relation to your use of our Service

User Interaction

To use our Service you agree:

  • The Product and/or Service 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 the Product and/or Service
  • 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 Product and/or Service
  • 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 through our Product and/or Service. 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 Product and/or Service
  • we may reject, refuse to post or delete any User Content for any or no reason
  • you are responsible for all risks associated with the use of any User Content available when using our Product and/or Service. We are not responsible or liable for the accuracy or content of user posts or transmissions made by other users of our Product and/or Service, and we are not liable for any Loss or Claim resulting from any action taken or reliance made by you regarding any User Content
  • you are solely responsible for interaction with other users of our Product and/or Service and any other parties that you interact with through our Products and/or Service. 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.

Virtual Currencies/Goods

The Product and/or Service may include an opportunity to purchase virtual, in-game currency (“Virtual Currency”) that may require you to pay a fee using “real money” to obtain the Virtual Currency. The Product and/or Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from Spunge Games for “real money” or for Virtual Currency.

Virtual Currency and Virtual Goods can never be redeemed for real money, goods, or any other item of monetary value from Spunge Games or any other party. You understand that you have no right or title in Virtual Goods or Virtual Currency.

Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, or transferable, except in Spunge Games sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Product and/or Service. Doing so is a violation of the License Agreement and may result in termination of your account and/or legal action.

We retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at our sole discretion. Prices and availability of Virtual Goods are subject to change without notice.

The purchase of Virtual Currency or of Virtual Goods shall only be applicable on the particular device from which any such purchase has been made.

Personal Data

When you download the Product and/or Service, you may be required to provide Spunge Games with personal data. We hereby inform you that we will handle that data in accordance with the data protection laws in force and with our Privacy Policy, which is incorporated herein by this reference. You can view the Privacy Policy here

Warranty

The Product and/or Service are provided on an “as is” and “as available” basis for your use. You understand that our Service 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 Service;

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 90 days:

Our maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of aud$15.

You agree that you have exercised your independent judgment in acquiring our Service 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 Service from the iOS app store, in the event of any failure of our Service 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 Service, 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.

Duration and termination

You understand and accept that we provide the Product and/or Service at our discretion and that the Product and/or Service may end, be interrupted or discontinued at any time and that Spunge Games may change the content of the Product and/or Service at any time, for any reason, with or without notice to you, without liability.

Notwithstanding the foregoing, you may terminate the Licence Agreement at any time, provided that you:

  • destroy all the copies of the Product and/or Service in your possession or under your control
  • delete the Service Client from your device.

In the event that this Licence Agreement is cancelled for any reason, you must immediately and permanently destroy all the copies of the Product and/or Service in your possession and delete the Product and/or Service from your device.

If you violate the terms of this License Agreement, we reserve the right to either issue you a warning regarding the violation, or to immediately terminate or suspend any or all accounts you have created using the Product and/or Service.

We reserve the right to refuse any user access to the Product and/or Service without notice for any reason, including, but not limited to, a violation of the terms of this License Agreement.

General

If you fail to comply with the Licence Agreement, we may take legal action against you. We reserve the right to automatically terminate this Licence Agreement in the event that you fail to comply with any of the terms and conditions set out herein.

In the event that any clause of the Licence Agreement is contrary to the law, it shall be considered null and void, although the remaining clauses of the Licence Agreement shall remain in force.