Terms of service.
TERMS OF SERVICE –FICTIVE ENTERPRISES PTY LTD t/a SUMMERFALL STUDIOS (“Summerfall”)
These terms of service govern your use of this website and the content found within it.
1. INTRODUCTION
This is the official terms of service for the Summerfall Studios website and related services (“Services”). By using or otherwise accessing the Services, you acknowledge that you are at least thirteen years of age, have read this Agreement, and that you agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this agreement, promptly exit this page and do not use the Services or any of the content contained within it.
Use of Summerfall games may also be governed by their own end user licence agreements. If no end user licence agreement applies to any content, the terms of this agreement shall apply.
2. TERM
This License will apply for as long as you continue to use the Services. However, this License will terminate automatically without notice from Summerfall if you fail to comply with any of its terms or conditions. Upon termination you must immediately cease using the Services and any content within them. The Limitations of Warranties and Liability set out at clauses 7 and 8 below will continue in force even after any termination.
3. INTELLECTUAL PROPERTY
The Services and all content within it are protected by Australian and international copyright law, and is the exclusive property of Summerfall. Unless otherwise indicated, all rights (including copyright) in the Services and any content found anywhere within them (including but not limited to text, video, images, games, audio clips, code, scripts, design elements and interactive features), are owned and controlled by Summerfall. All trademarks, service marks and trade names are owned, registered and/or licensed by Summerfall.
4. GRANT OF LICENCE
Summerfall grants you a worldwide, non-exclusive, royalty-free, revocable license to access and use the Services exclusively for the purposes of viewing, playing or interacting with the content within it. You acknowledge that the Services and the content within it is to be used solely for your non-commercial, non-exclusive, limited personal use, and for no other purposes.
Summerfall does not grant you any other rights whatsoever in relation to the Services or the content within it. All rights are expressly reserved by Summerfall.
5. YOUR CONDUCT
Your use of the Services is subject to all applicable local, state, national laws and regulations. By accessing and using the Services or any of its contents, you agree to be bound by those laws. In addition, you agree that you must not:
a) make copies of the content on this Services except as expressly permitted in this Agreement;
b) translate, reverse engineer, decompile, or disassemble the Services or the content within it;
c) remove or alter any copyright, trademark or other proprietary rights notices contained in any Summerfall content (including but not limited to its games and videos);
d) unlawfully copy, reproduce or create derivative works based on any part of the Services or any of the content within it;
f) use the Services or any content within it for any unauthorized purpose or in violation of any applicable laws or regulations; or
g) modify, alter or attempt to modify or alter the Services or any content within them, or merge all or any part of the either with another Services or program.
Summerfall may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning.
6. THIRD PARTY WEBSITES AND CONTENT
Third party websites may be linked to from within the Services. We do not monitor or have any control over any content on these websites, and can make no guarantee as to their accuracy or completeness. We do not represent or warrant the accuracy of any information contained on any third party website. Accessing or using content on any third party websites is done at your own risk.
7. LIMITATION OF WARRANTIES AND LIABILITY
The Services, and the contents of the Services are provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising by law, statute, usage of trade, or course of dealing. You assume all responsibility and risk for the use of the Services and for the use of any third-party website or service, and Summerfall disclaims all liability for any loss, injury or damage resulting from use of the Services and any third-party website, whether direct or indirect.
In no event will Summerfall have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. Summerfall's total aggregate liability with respect to its obligations under this agreement or otherwise with respect to the product or the software will not exceed $AUD1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
8. INDEMNITY
You agree to indemnify and hold harmless Summerfall, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Services, violation of this Agreement or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
9. GENERAL
This Agreement is the entire agreement between you and Summerfall with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
Summerfall may amend and/or modify these Terms of Service at any time in its sole discretion, without notification to you.
Summerfall may update the Services or without notifying you. You may need to update third party software from time to time in order to effectively continue to the Service.
10. JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You agree to be bound by the laws of that state.
11. PRIVACY
We take your privacy very seriously. The Summerfall Privacy Policy in respect of the use of this Services and our games can be found at: www.summerfallstudios.com/privacy-policy.