Please read this Agreement carefully before accessing or using the Application. By accessing or using any part of the application, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Application or use any services. If these terms and conditions are considered an offer by The Developer, acceptance is expressly limited to these terms. The Application is available only to individuals who are at least 13 years old.
If you play a game in the Application, you are responsible for maintaining the security of your account and game data, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the game. You must not use content intended to trade on the name or reputation of others, and The Developer may change or remove any game or account that it considers inappropriate or unlawful, or otherwise likely to cause The Developer liability. You must immediately notify The Developer of any unauthorised uses of your games, your account or any other breaches of security. The Developer will not be liable for any acts or omissions by You, including any damages of any king incurred as a result of such acts or omissions.
If you play a game within The Application or message within the game, or otherwise make (or allow any third party to make) material available by means of the Application (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Your game is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other games and websites, and similar unsolicited promotional methods;
- Your game is not named in a manner that misleads other players into thinking that you are another person or company. For example, your game's photo or name is not the name of a personother than yourself or company other than your own; and
- You have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Developer or otherwise.
By submitting Content to The Developer for use within the Application, you grant The Developer a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content without restriction, including using the Content for the Application's marketing. If you delete Content, The Developer will use reasonable efforts to remove it from the Application, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, The Developer has the right (though not the obligation) to, in The Developer's sole discretion (i) refuse or remove any content that, in The Developer's reasonable opinion, violates any The Developer policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Application to any individual or entity for any reason, in The Developer's sole discretion. The Developer will have no obligation to provide a refund of any amounts previously paid.
General Terms - Optional paid services such as in app purchases, or Pro Upgrades are available in the Application (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay The Developer a one-off fee or subscription fees indicated for that service (additional payment terms specifically for Pro Upgrades are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for the indicated period. Upgrade fees are not refundable.
Automatic Renewal - Unless you notify The Developer before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time in the Upgrades section of your site's dashboard.
Fees & Payment - By signing up for a Pro Upgrade account you agree to pay The Developer the fees as detailed within the App Store.
The Developer has not reviewed, and cannot review, all of the material, including computer software, posted to the Application, and cannot therefore be responsible for that material's content, use or effects. By operating the Application, The Developer does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Application may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Application may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Developer disclaims any responsibility for any harm resulting from the use by visitors of the Application, or from any downloading by those visitors of content there posted.
As The Developer asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located in the Application violates your copyright, you are encouraged to notify The Developer in accordance with The Developers Copyright Policy. The Developer will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Developer will terminate a visitor's access to and use of the Application if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Developer or others. In the case of such termination, The Developer will have no obligation to provide a refund of any amounts previously paid to The Developer.
This Agreement does not transfer from The Developer to you any Cannon Ballistix or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with The Developer. The Developer, Application, www.cannonballistix.com, the Application logo, and all other trademarks, service marks, graphics and logos used in connection with the Application, or the Website are trademarks or registered trademarks of The Developer or The Developer's licensors.
Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. Your use of the Application grants you no right or license to reproduce or otherwise use any The Developer or third-party trademarks.
The Developer reserves the right to display advertisements in the Application unless you have purchased an Ad-free Pro Upgrade.
The Developer reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. The Developer may also, in the future, offer new services and/or features through the Application (including, the release of new features and functions). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Developer may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Application account (if you have one), you may simply remove the Application using devices standard method for deleting applications. Notwithstanding the foregoing, if you have a Pro Upgrade account, such account can only be terminated by The Developer if you materially breach this Agreement and fail to cure such breach within thirty (30) days from The Developer's notice to you thereof; provided that, The Developer can terminate the Application immediately as part of a general shut down of our service. All persistent provisions (Provisions of this Agreement which by their nature should survive termination) shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Application is provided "as is". The Developer and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Developer nor its suppliers and licensors, makes any warranty that the Application will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Application at your own discretion and risk.
In no event will The Developer, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Developer under this agreement during the twelve (12) month period prior to the cause of action. The Developer shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless The Developer, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Application, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between The Developer and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of The Developer, or by the posting by The Developer of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Application will be governed by the laws of the state of Victoria, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Melbourne, Victoria. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Melbourne, Victoria, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Developer may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.