Last updated on 1 June 2023
This agreement (Subscription Agreement) sets out the relationship between you and Halfbrick Studios Pty Ltd ABN 89 109 693 227 (“us” or “we”) regarding your use of our subscription service Halfbrick+. For the meaning of certain words and phrases please see the Definitions below.
By accessing Halfbrick+ you agree to this Subscription Agreement and the Halfbrick+ Privacy Policy and House Rules.
You can access this Subscription Agreement at any time through the Halfbrick+ app or atHalfbrick.com/subscription-agreement. We reserve the right, in our sole discretion, to change, modify, add or remove portions of the Subscription Agreement, Halfbrick+ Privacy Policy and House Rules by update. After an update, your continued use of Halfbrick+ confirms your acceptance of the updated Subscription Agreement, Privacy Policy and House Rules.
Account. To use the Halfbrick+ service you must have internetaccess and a Halfbrick+ ready device, and should we so require, provide us withone or more Payment Methods. Your Halfbrick+ subscription will continue untilterminated..
Account page. You can find specific details regarding your Halfbrick+ subscription by visiting your Account Page in the Halfbrick+ app by clicking on your user avatar at the top of the home pages.
Offers. From time to time we may offer free trials, special promotional offers, plans or subscriptions (Offers) such as Paid Subscription. Offer eligibility is determined by us in our sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
Eligibility and age limitations. Only residents of the countries where we offer Halfbrick+ are eligible to register for a Halfbrick+ account. You must be 18 years of age, or the age of majority in your territory of residence, to purchase Halfbrick+. If you are under the age of legal majority (18 years of age in most jurisdictions), you may only use Halfbrick+ under the supervision of a parent or legal guardian.
Account creation. We may require you to create and authenticate an account for Halfbrick+. The profile information connected to those credentials, including your username and avatar, may be displayed to other players and used by us to support your account. Any information you provide must be complete, accurate, and up-to-date.
Responsibility for account. You may not share, sell, rent, or transfer your Account. You are responsible for:
(a) maintaining the confidentiality of your Account log-in credentials; (b) restricting access to your Account; and
(c) all actions that occur under your Account, including purchases.
Affiliates; third parties. Certain Games may be distributed through stores or distribution services offered by our affiliates or third parties, and you may be required to create an account with those parties. Your relationship with those parties is governed by their terms. To the extent there is a conflict between their terms and this Agreement, the terms of this Agreement will control with respect to the Games.
Non-compliance. We reserve the right to limit, suspend, terminate, modify or delete your Account or your access to Halfbrick+ or portions of Halfbrick+ if you, or we suspect that you are, failing to comply with any of this Subscription Agreement, Halfbrick+ Privacy Policy or House Rules or for any actual or suspected illegal or improper use of Halfbrick+,with or without notice to you. If we terminate your Account you must not access any other accounts, or create any further accounts.
No activity. 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.
Data loss. You understand that if you delete your Account, or if we delete your Account in accordance with this Subscription Agreement, you may lose access to any data previously associated with your Account including, without limitation, the levels or scores you have reached Services and any In-Game Items associated with your Account.
Unpaid subscription. Your Halfbrick+ subscription may be free. If you elect to have an unpaid free subscription you will not be required to make any payment at any time. We will never require you to move to Paid Subscription.
Paid Subscription. We may make Premium Content available with a Paid Subscription and you may elect to move to Paid Subscription should you wish to access this Premium Content. If you elect for the Paid Subscription, this includes enrolment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the billing period, unless cancelled by you.
Payment Methods. You authorise us to charge any Payment Method associated with your account in the event your primary Payment Method is declined or no longer available. You remain responsible for any uncollected amounts. If a payment is not successful we may suspend your access to the service until we have successfully charged a valid Payment Method.
Billing Cycle. The Paid Subscription and any other charges, such as taxes and possible transaction fees, will be charged to your Payment Method on the monthly anniversary of your subscription date. Visit your Account Page to see your next payment date. If you signed up for Halfbrick+ using your account with a third party as a Payment Method, you can find the billing information about your Halfbrick+ subscription by visiting your account with the applicable third party.
Updating your Payment Methods. Update your Payment Methods by going to the Account Page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
Cancellation. You can cancel your Paid Subscription at any time. You will continue to have access to Premium Content until the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused content. To cancel, go to your Account Page and follow the instructions for cancellation/deletion. If you cancel/delete your membership, your account will automatically close at the end of your current billing period. After expiry of your subscription, you will no longer be able to access Games although they may still appear on your device. These Games must be separately deleted by you after expiry of your subscription. If you signed up for Halfbrick+ using your account with a third party as a Payment Method and wish to cancel your subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from Halfbrick+ through that third party. You may also find billing information about your Halfbrick+ subscription by visiting your account with the applicable third party.
Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
Limited License. Subject to this Subscription Agreement, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use Halfbrick+ for your own personal, non-commercial, entertainment purposes. You agree not to use Halfbrick+ for any other purpose. The rights granted to you are subject to your full compliance with this Subscription Agreement.
System Requirements. Halfbrick+ requires compatible devices and it may be subject to compatibility or technical limitations. We may deploy automatic or manual updates to Halfbrick+ at anytime and without notice to you. Your use of Halfbrick+ may be affected by the performance of these elements.
No uptime guarantee. You must have internet in order to access Halfbrick+ and access may require other services offered by us, our affiliates, or third parties. We do not guarantee service uptime or availability, and we are not responsible for any downtime. We may discontinue Halfbrick+ at any time. If you are a subscriber and we suspend or discontinue your subscription to Halfbrick+ through no fault of your own, we will provide you with a credit, refund, discount or other form of consideration in accordance with our obligations under Schedule 2 of the Competition and Consumer Act 2010 (Cth) and to the extent those obligations cannot be excluded, restricted or modified under any law. If we terminate or suspend your subscription to Halfbrick+ due to your breach of the Subscription Agreement or House Rules, then you will not be eligible for any such credit, refund, discount or other consideration.
Security features. We may implement security features on Halfbrick+ and you will not, and will not authorise or enable anyone to, circumvent or interfere with any security features.
Safety. You should take frequent breaks when playing Games, play the Games in a well-lit room, and sit a reasonable distance away from the screen. Some individuals may experience light headedness, seizures, and/or blackouts when exposed to flashing lights or other repetitive light patterns, which can occur when playing video games. If you, or anyone in your family, have an epileptic condition, consult a physician before playing the Games. If you experience any of the following symptoms while playing a Game – dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions – stop playing the Game and seek medical care immediately.
Restrictions. You may use the Games only as permitted by this Subscription Agreement and applicable law. You may not, and you will not assist or authorise any other person to:
(a) reverse engineer, decompile or disassemble, or otherwise tamper with, the Game Clients and associated Game Content;
(b) sell, rent, lease, lend, loan, distribute, transfer, or sublicense the Games, or act as a host or matchmaking service for the Games without our consent, or otherwise facilitate any unauthorised connection that emulates portions of the Games;
(c) copy, modify, alter, or otherwise create derivative works of the Games (except as expressly permitted by us in clause 6.4); or
(d) interfere with or circumvent any feature of the Games, access or use the Games in a way intended to avoid fees or restrictions, or otherwise exploit the Games(including by intercepting, collecting, scraping, mining, or reading data from the Games, or using applications or services such as hacks, bots, cheats, scripts, or mods that are not expressly permitted by us in an applicable policy posted on our websites).
In-Game Items. When playing the Games, you may obtain In-Game Items. You acknowledge and agree that:
(a) In-Game Items have meaning only in the virtual and fictional world of the Game; (b) In-Game Items have no monetary value, are not real-world currency, and cannot be resold or redeemed for cash;
(c) you have no ownership or property interest in any of the In-Game Items that we attribute to your account, or to any Game Content we authorise you to access, regardless of any effort, real-world money or other consideration you may have exchanged foraccess to an In-Game Item or Game Content;
(d) while we provide you the ability to access and use In-Game Items and Game Content, we retain all rights in and to all In-Game Items and Game Content;
(e) we may remove or alter an In-Game Item or Game Content attributed to your account or accessible to you at any time without notice or liability, arising in contract, tort, or otherwise;
(f) we are not responsible for loss or theft of In-Game Items;
(g) we may enable you to trade certain In-Game Items for other In-Game Items as part of gameplay but otherwise, you may not sell, transfer, or offer In-Game Items in exchange for real-world currencies or consideration, whether inside or outside of the Games.
Modifications. We may change, modify, suspend, or discontinue support for Halfbrick+ and In-Game Items, in whole or in part, at any time without notice.
Legitimate Research. We may offer access to Pre-release Tests through Legitimate Research. You acknowledge and agree that:
(a) Pre-Release Tests contain limitations such as limited features and being available to play only during limited times;
(b) if you participate in a Pre-Release Test that we designate as confidential, you will keep all information about that Pre-Release Test (including the Game and GameContent and related features and functionality provided in the Pre-Release Test) and your participation confidential, including after public announcement of the Pre-Release Test, until we give you authorisation that you may disclose this information;
(c) Pre-Release Tests are works in progress and may contain bugs which may cause loss of data or damage to your device;
(d) playing Pre-Release Tests is at your own risk and we are not liable for loss of data or damage to your device caused by Pre-Release Tests;
(e) any In-Game Items or status indicators that you accumulate during test periods as well as the player history associated with your account may be erased at various points during the testing process;
(f) you will not provide your Pre-Release Test access code or key to any other person without our consent; and
(g) we have no obligation to make Games or features in a Pre-Release Test generally available.
Code of Conduct. To make Halfbrick+ and the communities of players and fans as welcoming and enjoyable as possible for all users, you agree to abide by any House Rules, Game code of conduct and applicable law. If you violate any Halfbrick+ code of conduct, this Agreement, applicable law, or otherwise act in inappropriate or offensive ways, we may take disciplinary action against you, including revoking or limiting your access to Halfbrick+, communication features, and In-Game Items, in connection with a single Game, all Games, Game forums or other community areas. Any material violation may also result in the suspension or termination of your Halfbrick+ subscription.
Communications Features. In addition to the core gameplay features of the Games, we may include ancillary features in the Games and on related services and forums that enable you to communicate with us, and with the community. We do not guarantee that communications features will be uninterrupted, error-free, suitable for any purpose, or will remain available, and you should not rely on the availability or functionality of these communication features for any purpose.
Monitoring. We may (but are not obligated to) monitor and record your game sessions and communications in Halfbrick+ and related websites and services for various reasons, including to enforce this Agreement, ensure compliance with any Game code of conduct, prevent cheating, and improve Halfbrick+.
Community Projects. We grant you a limited, revocable license to create Community Projects such as fan art or game-play videos on the following terms and conditions:
(a) you will at all times comply with this Subscription Agreement, House Rules, applicable laws and any other Halfbrick+ policy on Community Projects;
(b) you grant us a non-exclusive, worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to use, reproduce, modify, create derivative works of, publicly display, publicly perform, and distribute your Community Projects;
(c) you will not use Game Content in another game, or extract Game Content from Halfbrick+ or distribute that Game Content as separate assets;
(d) you may not use our trademarks, trade names, logos, domain names, taglines, or trade dress without a separate license signed by us;
(e) you will not disparage other players, or challenge our (or our licensors) ownership of Halfbrick+, including by using or registering confusingly similar trademarks or domains;(f) you represent and warrant that you have and will maintain all necessary rights to any third party materials used in your Community Projects;
(g) your Community Projects are derivative works of Halfbrick+;
(h) any interest you may have in your Community Projects is subject to our (and our Licensors) ownership of Halfbrick+ and the license in this clause 6.4;and
(i) you agree to defend, indemnify and hold harmless us from any claims related to Community Projects you create.
Feedback. If you provide us with any suggestions, creative ideas, or other feedback on Halfbrick+ or Pre-Release Tests (Feedback), you acknowledge and agree:
(a) that we may use that Feedback without restriction;
(b) we are under no obligation of confidentiality to you, to credit you, or otherwise with respect to Feedback you provide, even if you state such restrictions in your submission; and
(c) we have no obligation to review or use your Feedback.
No assignment. You agree that all Intellectual Property relating to Halfbrick+ is owned by or licenced by us. Halfbrick+ is being licensed to you and you understand that no title or ownership in Halfbrick+ is being transferred or assigned and this Subscription Agreement is not a sale of any rights in Halfbrick+.
Limited license. Except asset out in clauses 5.1and 6.4 above, you do not receive any other license and you acknowledge and agree that all right, title and interest in and to Halfbrick+ is reserved to us and our licensors.
All rights reserved. You acknowledge and agree that we (or our licensors) own at all times all copyright, trade marks, code, software, characters, character names, character likeness, signature moves, game names, storylines, themes, catch phrases, dialogue, settings, artwork, sounds effects, music, in-app items, gameplay recordings, marketing and advertising materials, lore, trade secrets, patents, titles, and any and all rights in, or derived from, Halfbrick+.
No copying or distribution. Halfbrick+ and the Games must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or with heldin our sole discretion.
Third-Party Components; Open Source. Third-party software, including open source software, may be incorporated in Halfbrick+. This is provided to you under a separate license which will prevail with respect to the third-party software that is the subject of that separate license.
Rights in UGC. Halfbrick+ 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.
You agree that you:
(a) will not rent, lease, lend, sell, transfer, redistribute or sublicense Halfbrick+ or the Games;
(b) will not make Halfbrick+ or the Games available over a network to be used by multiple Devices at the same time;
(c) must remove any copies of Halfbrick+ and the Games from any Device before you sell or otherwise dispose of, transfer or assign such Devices;(d) will not 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, Halfbrick+ or the Games;
(e) will not use Halfbrick+ or the Games for any commercial purpose without our prior written connect, which may be withheld in our sole discretion. Without limiting the foregoing you must not make Halfbrick+ available for public use such as in a games arcade, use Halfbrick+ within your own products or content such as in television programmes or films, use Halfbrick+ in advertising, solicitation or transmission of any commercial advertisements in any way;
(f) attempt to disrupt or burden the normal operation of Halfbrick+, or any of our infrastructure or any of our other business activities;
(g) attempt to gain unauthorised access to Halfbrick+;
(h) make any automated use of Halfbrick+;
(i) impersonate any other person in your use of Halfbrick+;
(j) post another person’s personal information or data through Halfbrick+ without that person’s consent;
(k) use Halfbrick+ to distribute any information, content or materials that is in breach of this Subscription Agreement or our House Rules;
(l) attempt to decompile, reverse engineer, disassemble or hack Halfbrick+, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
(m) use Halfbrick+ to harass, abuse, threaten or harm another person or to attempt to, or incite another, to harass, abuse or harm another person or group;
(n) copy, distribute, make available to the public or create a derivative work from Halfbrick+ or any part thereof unless we have first agreed to this in writing;
(o) use Halfbrick+ together, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, Halfbrick+ or other users; or
(p) use Halfbrick+ in connection with the actual or attempted contravention of any laws.
Data usage. You are responsible for ensuring that your installation and use of Halfbrick+ 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.
Digital storefronts. You must comply with the terms of service of the relevant digital storefront where you obtained Halfbrick+.
Third parties. You must comply with any applicable third party terms of agreement when using our Halfbrick+.
Truth. Information that you provide to us must betrue, accurate and complete at all times.
To use Halfbrick+:
(a) 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;
(b) you must 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
(c) you must comply with the laws that apply to you in the location that you access Halfbrick+ from. If any laws applicable to you restrict or prohibit you from using Halfbrick+, you must comply with those legal restrictions or, if applicable, stop accessing and using our Services.
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of this Subscription Agreement by you.
We have the right to withdraw or modify Halfbrick+ (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 Halfbrick+ at our sole discretion.
You understand that there may be times when Halfbrick+ or any part of Halfbrick+ is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
You understand that:
(a) we may, at our sole discretion, provide Updates and we may require you to accept the Updates to Halfbrick+;
(b) you may need to update third party software from time to time in order to continue to use Halfbrick+;
(c) it is your responsibility to update Halfbrick+ and third party software when updates are available. We are not liable for any loss that you may suffer as a result ofyour failure to update; and
(d) we are not obliged to support Halfbrick+ by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other services in relation to your use of Halfbrick+.
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.
Security. 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.
Your precautions. You must take your own precautions to ensure your access to Halfbrick+ 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 Halfbrick+.
Privacy Policy. We will collect, process, use and share your personal information in accordance with our Halfbrick+ Privacy Policy, as set out in this Subscription Agreement and as you otherwise consent. Our Privacy Policy forms part of this Subscription Agreement and acknowledge that your agreement is a precondition to your use of Halfbrick+.
Assignment. We may wish to transfer all or apart of our rights or responsibilities under this Subscription Agreement 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 this Subscription Agreement unless we first agree to this in writing.
No class actions. Any proceedings that may arise in respect of this Subscription Agreement will be conducted on an individual basis. Neither you nor us will seek to have a dispute heard as a class action or private lawyer general action or any other proceeding in which either party acts or proposed to act in a representative capacity. No proceeding, mediation or arbitration can be combined with another without the prior written consent of all parties to the proceeding, mediation or arbitration.
Entire agreement. This Subscription Agreement, Halfbrick+ Privacy Policy, House Rules any Halfbrick+ policy werelease from time to time set out the entire agreement between you and us concerning Halfbrick+ and they replace all earlier agreements and understandings between you and us.
Severability. If any part of this Subscription Agreement is found to be invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary so that this Subscription Agreement will otherwise remain in full force and effect and enforceable.
Waivers. Our failure to exercise or enforce any of our rights under this Subscription Agreement does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is inwriting and signed by us.
Governing Law. This Subscription Agreement are governed exclusively by the law in force in Queensland, Australia. All legal actions in connection with this Subscription Agreement shall be bought in the state or federal courts located in Queensland, Australia.
Force Majeure. Not withstanding anything else contained in this Subscription Agreement, we are not liable for any delay in or failure to comply with this Subscription Agreement 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.
Contact. If you have any questions about this Subscription Agreement, Halfbrick+ Privacy Policy or Halfbrick+ generally you may contact us at:
Halfbrick Studios Pty Ltd
Email: support@halfbrick.com
In these Terms, unless the context otherwise requires, the following words have the following meanings:
Account means a user account registered in accordance with this Subscription Agreement.
Account Page means the page where we will make available to you the details of your Halfbrick+ membership and which may be located by clicking on your user avatar at the top of the Halfbrick+ app home page.
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.
Games means Halfbrick and third-party digital games and associated client software (Game Clients), services, websites and supported community channels (Game Services), and content and data (Game Content) made available through Halfbrick+ (collectively,"Games").
Community Projects means non-commercial projects incorporating our Game Content (excluding third-party brands and materials identified in a Game content policy) to support our Game communities, such as gameplay broadcasts, fan art, and fan fiction.
Halfbrick+ means the subscription service known as Halfbrick+ and all games, content, apps, and other services offered by us through the Halfbrick+ branded service and including all related services.
House Rules means the rules users participation in our various social media forums which is available for access at House Rules.
In-Game Items means game-play items you may unlock, purchase, or otherwise gain access to various within a Game (by way of example: fictional currency, fictional property, characters, alternate skins, weapons, equipment, boosts, status indicators).
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.
Legitimate Research means innovative and experimental mini-games, experiences and Pre-Release tests made available under the Legitimate Research banner in Halfbrick+.
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.
Paid Subscription means a fee based subscription for Halfbrick+.
Payment Method means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.
Premium Content means premium Halfbrick+ content madeavailable only through a Paid Subscription.
Pre-Release tests means confidential, preview, early access, alpha, beta or similarly designated pre-release versions of our Games.
Halfbrick+ Privacy Policy means our privacy policy, as updated from timeto time, which is available for access at www.halfbrick.com/halfbrick-plus-privacy-policy.
Subscription Agreement 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 Halfbrick+ or any constituent element and may include adding, removing, modifying or otherwise altering features of Halfbrick+ 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.
