Terms of Service        

Accepting Our Terms                        

By using or accessing any c8apps game or application ("Service") you agree to be bound by these Terms. Our Terms of Service ("Terms") are a legal agreement between c8apps Pty Limited its Affiliates ("c8apps" or "we") and you ("you"). Affiliates include subsidiaries, parent companies, joint ventures, trading names, and other corporate entities under common ownership. Our Privacy Policy forms part of the Terms. By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. c8apps reserves the right, in its sole discretion, to modify or revise these Terms at any time, without notice, and you agree to be bound by such modifications or revisions. Do not use the Service if you do not agree to the Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and cancel any accounts you have made using the Service.

It is the sole responsibility of our users to view the Terms occasionally. Your continued use of the Service will constitute your acceptance to any revised Terms. If you violate the Terms, we reserve the right to take any course of action including issuing you a warning regarding the violation or immediately terminating any or all accounts you have created to use the Service. We do not need to provide you any notice before terminating or suspending your account(s).

For any reason, c8apps reserves the right to refuse any user access to the Service. For any reason, c8apps may change the content of the Service or discontinue it at any time, without notice to you, without liability. You acknowledge that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.

Our Intellectual Property and Ownership

c8apps are the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials on the Services. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials on the Service.

All materials that are part of the Service are protected by law from unauthorized use including, but not limited to, designs, text, graphics, pictures, statistics, video, information, data, applications, software, music, sound and other files, and their arrangement. The entire contents of the Service are copyrighted under Australian copyright laws and similar laws will apply in other jurisdictions.

You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without c8apps’ consent. All other uses of copyrighted material, including any derivative use, requires written permission from c8apps before any such use. Any reproduction or redistribution of materials not in accordance with these Terms is prohibited and may result in severe civil and criminal penalties.

c8apps grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Service solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever. Your license to use the Services is limited by these Terms.

User Content

Any data, text, graphics, photographs and their selection and arrangement, (hereinafter "User Content") uploaded to the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by c8apps. Text, graphics, and photographs are uploaded by you and are the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and c8apps is not responsible for any files users upload, post, or otherwise make available. c8apps may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Service. By using c8apps you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that c8apps will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.

You agree that you are willingly publishing the content on the Service using technology and tools provided by c8apps. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network or other medium without the explicit written permission of c8apps. You grant c8apps the right to act as an agent on your behalf as operator of the application.

c8apps reserves the right to modify, remove and permanently delete any User Content from the Service with or without notice.

Virtual Currencies and Virtual Goods

The 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 Service may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased from c8apps 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 c8apps 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, transferable, except at c8apps' sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action. The amounts shown on the Service may be approximate and the transaction amount, which may include foreign exchange rate fees, as represented on your bank statement will be the final cost to you. c8apps will not be liable for any losses to you as a result of any discrepancies between the advertised cost and the real cost. c8apps retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.

Rules of Conduct and Usage

The c8apps Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. c8apps has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. c8apps may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by c8apps, and these communications should not be considered reviewed or approved by c8apps. c8apps will not under any circumstance be liable for any activity within Communication Channels.

You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. c8apps is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:  post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable  defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable material. You agree not to upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers, violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity) attempt to obtain passwords or other private information from other members  improperly use support channels or complaint buttons to make false reports to c8apps, develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements, exploit, distribute or publicly inform other members of any game error, misuse or bug which gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.

Privacy and Protection of Personal Information                                

Information collected from you is subject to the pertinent social network’s policy. By using the Service, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with c8apps. Please see c8apps’ Privacy Policy for more information on the collection and use of your information. You acknowledge and agree that the Privacy Policy is incorporated and made part of these Terms.

Disclaimer of Warranty; Limitation of Liability

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, c8apps, its Affiliates, officers, directors, employees, and agents disclaim all warranties, explicitly or implicitly, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. c8apps makes no warranties or representations about the accuracy or completeness of the content of the Service and of the content of any sites linked to the Service; c8apps assumes no liability or responsibility for any (i) errors, mistakes, availability or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

In no event will c8apps, its Affiliates, directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not c8apps has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that c8apps shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold c8apps, and each of its Affiliates, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.

General

By visiting or using the Service, you agree that the laws of Australia, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and c8apps. Any claim or dispute between you and c8apps that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Australia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Australia. c8apps reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Services following any amendment of these Terms of Service will signify your acceptance of the revised terms. YOU AND c8apps AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

c8apps Terms of Service

Version 1.0 April 2012

© c8apps Pty Limited