These terms of service (“TOS”) apply to you and Thumb & Fore (ABN: 58 637 400 863) regarding your use of our games, websites, discussion forums, and related services (“Services“). Use of the Services is also governed by our Privacy Policy which is incorporated by reference.
These terms of service refers to Thumb & Fore as “Thumb & Fore”, “we” or “us” and to you as “you”.
As a precondition for using our Services, you agree to these Terms of Service, the Privacy Policy, House Rules, and applicable Game Policies. Though we do not target our services to children, if a child chooses to use our Services, the child’s legal guardian agrees to these TOS as a precondition to the child’s use.
By using or otherwise accessing our Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access our Services.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of the TOS by update. Your continued use of our Services confirms your acceptance of the updated TOS.
Unless otherwise specified, the Services do not require you to pay money to use or download but may contain features that may allow you to make purchases within the Services. You may be required to have an Internet connection to access or use the Services. You are responsible for any internet connectivity or mobile charges you may incur by accessing or using the Services.
If you access the Services from a third-party platform such as Facebook or another social networking site, you agree to comply with the platform’s terms of service as well as these TOS. Third-party software, including open-source software, may be incorporated in our Services. Such software is provided under a separate license which prevails over these TOS for the third-party software.
1. Right to Use our Services
Subject to these TOS, Thumb & Fore grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.
Except as set forth above, you do not receive any other license. Thumb & Fore (or our Licensors) retain all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, code, software, characters, character names, character likeness, signature moves, game names, storylines, themes, catch phrases, dialogue, settings, artwork, sound effects, music, in-app items, gameplay recordings, marketing and advertising materials, lore, trade secrets, patents, and all other rights in or derived from our Services.
Unless expressly authorized by applicable law, the Services may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without Thumb & Fore’s prior written consent. Thumb & Fore reserves all rights not expressly granted to you herein.
Our Services and their contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in our Services, including but not limited to, the virtual In-Game Items appearing in or originating from our Services, whether earned in the Services or purchased from Thumb & Fore or its authorized partners.
2. Purchases in our Services
Thumb & Fore may license to you certain virtual goods or other content (e.g. in-game items or currency) which may be used within the Services and which you may purchase with “real world” money or earn or redeem through gameplay (”In-Game Items”). In-Game Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis solely for non-commercial use.
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 authorize you to access, regardless of any effort, payment or other consideration you may have exchanged for access to these Items or Content. All purchases and redemptions of In-Game Items made through our Services are final and non-refundable.
Price and availability of In-Game Items are subject to change without notice.
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 Services.
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.
Thumb & Fore is not liable for hacking or loss of your In-Game Items. Additionally, if you ask for your personal data to be deleted, as described in our Privacy Policy, you will permanently forfeit all of your In-game Items without the right to refund, as we will no longer be able to associate such In-Game Items with you.
3. Right of Withdrawl (European Union)
If you are a consumer based in the European Union or a member country of the European Economic Area (“EEA”), this Section applies to you.
You may have the right to withdraw from these TOS within 14 days from the day you agreed to them. You may also have the right to withdraw from the purchase of a license to an In-Game Item or a Service within 14 days from purchase. You are not required to give a reason for exercising the right of withdrawal. However, you are not entitled to withdraw from a purchase if you have consented to the In-Game Item or Service being fully provided to you during the withdrawal period and acknowledged that you thereby forfeit your right of withdrawal.
To withdraw from these TOS, you must inform Thumb & Fore of your decision to withdraw and discontinue your use of the Services. To withdraw from the purchase of a license to an In-Game Item or a Service, you must inform the merchant of record, which may be either Thumb & Fore or its authorised partner through whom you made the purchase. Thumb & Fore is neither able nor required to fulfil your request to withdraw from a purchase where we are not the merchant of record.
To inform us of your decision to withdraw, you must send an equivocal statement of your decision by email to hello@thumbandfore.com. To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from the purchase of a license to an In-Game Item or a Service, you are entitled to be reimbursed for the purchase without undue delay and in any event not later than 14 days from the day on which you informed the merchant of record of your decision to withdraw from the purchase. The reimbursement will be carried out using the same means of payment as you used for the initial payment, unless you have agreed otherwise. You will not incur any fees as a result of such reimbursement.
4. Restrictions
You agree that you will not, under any circumstances:
- reverse engineer, decompile or disassemble, or otherwise tamper with, our Services or any part thereof;
- sell, rent, lease, lend, loan, distribute, transfer, or sublicense our Services, or act as a host or matchmaking service for the Services without our consent, or otherwise facilitate any unauthorized connection that emulates portions of our Services;
- copy, modify, alter, or otherwise create derivative works of the Services (except as expressly permitted by us);
- interfere with or circumvent any feature of the Games or our Services, access or use the our Services in a way intended to avoid fees or restrictions, or otherwise exploit them (including by intercepting, collecting, scraping, mining, or reading data, or using applications or services such as hacks, bots, cheats, scripts, or mods that are not expressly permitted by us in our Policies).
- use the Services in violation of any applicable law or regulation.
- disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
- attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Thumb & Fore, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
- engage in any act that Thumb & Fore deems to conflict with the spirit or intent of the Services or make improper use of Thumb & Fore’s support services.
To use our Services, you must comply with the laws that apply to you in the location where you access our Services. If any applicable laws restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if necessary, stop accessing and using our Services.
5. Accounts & Login Information
Our Services may enable you to create an Account or otherwise log in to the Services or may create an Anonymous account automatically on first use for you.
You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of your Login Information.
Thumb & Fore is entitled to assume that any use of your Login Information or Account is made by you, and you are responsible for any actions (including, but not limited to, any purchases) taken using your Account.
You agree that you have no ownership or property interest in or to any Account. Thumb & Fore reserves the right to delete your Account if we observe no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any In-Game Items associated with that Account and no refund will be offered to you.
Thumb & Fore reserves the right to limit, suspend, terminate, modify, or delete your Account or your access to our Services or portions of our Services if you, or we suspect that you are, failing to comply with our Policies or for any actual or suspected illegal or improper use of our Services, with or without notice to you. If we terminate your Account, you must not access any other accounts, or create any further accounts.
6. Content & Communities
To make our Services 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 Policies, and applicable law. Violations of policy or laws or inappropriate or offensive behaviours may result in disciplinary action against you, including revoking or limiting your access to our Services and features, items and communities or the suspension or termination of your Account.
We grant you a limited, revocable license to create User Generated Content such as fan art or gameplay videos whilst you comply with these TOS and 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 User Generated Content. You may not use our trademarks, trade names, logos, domain names, taglines, or trade dress without a separate license signed by us, You represent and warrant that you have and will maintain all necessary rights to any third-party materials used in your Content.
Your Content is a derivative work of our Services. It is subject to our (and our Licensors) ownership of our Services and the license in this clause; and you agree to defend, indemnify, and hold harmless us from any Claims related to Content you create.
7. Advertising
Our Services may feature advertisements from us and third parties. We may at our sole discretion introduce advertising into any of our Services that do not presently contain advertising, unless we have explicitly stated that that Service will be an advertising-free Service.
We are not responsible for the content of any third-party advertisements, nor the content of any website or other materials that may be linked to by third-party advertisements, and you view those third-party websites and materials at your sole risk
e provide information to third-party advertisers in accordance with our Privacy Policy.
8. Availability, Compatibility & Modifications to the Services
Access to our Services may require Internet access. Access may also 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.
The Services may be temporarily unavailable due to technical issues or maintenance related reasons, which may occur on a scheduled or unscheduled basis. Furthermore, the Services or parts thereof may be designed to be available only for a limited time.
The Services may have limited compatibility across different devices and operating systems. You are responsible for verifying that the Services are compatible with your device and its operating system.
Our Services are intended to evolve over time. We may change, modify, suspend, or discontinue support for our Services and In-Game Items, in whole or in part, at any time without notice.
When changes are made to the Services, you may be required to download and install an update to continue using them. If you do not, you may be unable to access or use the Services or parts thereof (e.g. online play and features may only be available to those who are using the latest version of a game).
9. Disclaimer
Our Services are provided on an “as is” and “as available” basis for your use without warranty, assurances or guarantees of any kind. You understand that our Services cannot be guaranteed to be error-free and that the existence of any errors will not be a breach of these terms.
Except as expressly provided in these terms, and to the full extent permitted by law, Thumb & Fore will not be liable to you for any loss, including special, indirect, or consequential damages (such as loss of profits), or claims, arising out of a breach of these TOS, our Policies, or arising out of the supply of our Services. Thumb & Fore will not be liable to you for any personal injury or death arising directly or indirectly from the use or misuse of any product or service provided under these TOS. Our liability for any term, condition, guarantee, or warranty implied by law and which cannot lawfully be excluded is limited, at our option, to repairing, replacing, or supplying equivalent goods, or paying the cost of any of those remedies to you; or In the case of services – supplying the services again or paying the cost of having the services supplied again; an our maximum aggregate liability to you for any losses you incur or claims you make against us is limited to AUD$10.
You agree that you have exercised your independent judgment in acquiring and using our Services and have not relied on any representation made by us, except those expressly stated in these terms or in our other official materials
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
10. General Provisions
We may transfer all or part of our rights or responsibilities under these TOS to another party without obtaining your consent, provided the transfer does not significantly disadvantage you. You may not transfer any rights granted to you under these TOS without our prior written consent.
Any proceedings related to these TOS will be conducted individually. Neither you nor we will seek to have a dispute heard as a class action or any other proceeding in which a party acts in a representative capacity. No proceeding, mediation, or arbitration can be combined without prior written consent from all parties.
These TOS, along with our Privacy Policy, House Rules, Game Policies, and any other terms communicated to you in writing, constitute the entire agreement between you and us regarding our Services and replace any prior agreements.
If any part of these TOS is found invalid or unenforceable, that part will be limited or eliminated to the minimum extent necessary, so that these TOS and Our Policies will otherwise remain in full force and effect.
Our failure to exercise or enforce any rights under these TOS does not constitute a waiver of such rights. Any waiver of rights will only be effective if in writing and signed by us.
These TOS are governed exclusively by the law in force in Queensland, Australia. Any legal actions related to these TOS shall be brought in the state or federal courts located in Queensland, Australia.
We are not liable for any delay or failure to comply with these TOS if the delay or failure is due to circumstances beyond our reasonable control, including fire, flood, act of God, strikes, lockouts, work stoppages, trade disputes, war, or terrorism.
If you have questions about our Policies or our Services, please contact us at hello@thumbandfore.com