Welcome to the Services of Alderon Games Pty Ltd (“Alderon Games”, “We” or “Our”). The Terms of Service (“Terms”) applies to the use of all services provided by Alderon Games, including video games (“Games”) developed and/or published by Alderon Games, Alderon Games’ and aforementioned games’ webpages, other game-related services, and any other services Alderon Games has attached these Terms to (“Services”).
By using Alderon Games Services you confirm that you are age 13 or older. If you are between the ages of 13 and 17 and use the Services, you are confirming that your parent or legal guardian has reviewed and agreed to these Terms and has given you permission to access and use the Services.
Alderon Games reserves the right to make changes to these terms at any time. Your continued use of the Services will be deemed to confirm your acceptance of the updated terms. Some of the terms contained in this Terms of Service may also be superseded by provisions in supplemental policies of the Services.
Upon agreeing to and complying with these Terms, Alderon Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Services for your personal, non-commercial entertainment purposes.
i. Your Account In order to use the Services, you may be required to create an Alderon Games Services account ("Account"). When you register for an Account or update the Account information, you agree the information provided is accurate. In creating your Account you agree:
ii. Your Account Name You may be required to create an Alderon Games Services account and choose a username for your use in the Services. Alderon Games reserves the right to remove or alter any account usernames at any time and for any reason.
iii. Account Deletion You can request account deletion by contacting us through our help site (https://support.alderongames.com/hc/en-us). Deletion refers to the removal of your account visibility and your account access. Note that some account data will be retained by Alderon Games for legal purposes. By requesting account deletion, you confirm that you understand by deleting your account you will be irrevocably removing your access from the Services, any saved progress made within the Games, and any owned purchases or owned Games.
Your use of the Services is tied to your compliance with these Terms. Any use of the Services that violates these Terms is prohibited and can result in the revocation of your license and may subject you to liability towards Alderon Games or liability for violations of law. You acknowledge and agree that you are solely responsible for your actions made in the Services.
You agree that you will not:
Alderon Games reserves the right to determine what conduct we consider to be in violation of these Terms. Alderon Games reserves the right to take action as a result of these violations, which may include terminating your access to the Services.
You are responsible for your interactions with other users and any other parties you interact with through the Services. Alderon Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Alderon Games to investigate any suspected unlawful, fraudulent, or improper activity. If you have a dispute with one or more users, you release Alderon Games from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Alderon Games assumes no responsibility for the conduct of any user submitting any UGC, and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Alderon Games does not, and cannot, pre-screen or monitor all UGC. Your use of the Services is at your own risk. By using the Services, you may be exposed to UGC that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any UGC in connection with the Services. At our discretion, we may monitor and/or record your interaction with the Services or communications when you are using the Service. Alderon Games assumes no responsibility for any community-owned Game Servers, including (but not limited to) distributions of community-based rewards, Server availability, or Server owner or staff behaviours.
ALDERON GAMES MAY LIMIT, SUSPEND, MODIFY, OR TERMINATE PLAYER ACCOUNTS OR ACCESS TO THE SERVICES IF YOU, OR ALDERON GAMES SUSPECTS YOU, FAIL TO COMPLY WITH ANY OF THESE TERMS, WITH OR WITHOUT NOTICE TO YOU. IT IS POSSIBLE YOU MAY LOSE ANY EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR ACCOUNT, AND ALDERON GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
Alderon Games reserves the right to stop offering and/or supporting the Services or a particular Game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated.
The graphics, designs, information, data, computer code, products, software, games, and all other elements of the Service are protected by Australian law. All rights, titles, and interests to the Services are owned by or licensed to Alderon Games, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Alderon Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Games and the Service. Except as expressly provided in the Terms, Alderon Games does not grant any express or implied rights to Alderon Games’ Intellectual Property.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY SERVICES ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ALDERON GAMES.
Alderon Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. You agree that you have no right to any content that appears in the Services, including without limitation the Virtual Goods appearing or originating in any part of the Services, whether earned in-game or purchased, or any other attributes associated with an account or stored on the Services.
With the limitations set in these Terms of Service, you have the right to upload audio, video, and screenshots of the Services to social media, video services, and image sharing services.
For any UGC that you provide to Alderon Games, you retain all copyrights that you may hold in the UGC. You grant Alderon Games a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to host, store, transfer, publicly display, reproduce, modify, distribute, and use in any way the UGC that you provide, in whole or in part, including modifications, in any media or formats and through any media, items or channels, including for publicity and marketing purposes. By providing UGC to Alderon Games, you acknowledge you are granting other Service users the right to view, use, and play your UGC within the game.
Alderon Games offers game modding services and platforms which allow you to construct new variations, modifications, derivations, adaptations, copies or improvements of Alderon Games’s games (“Modding”). Please refer to our Modding Agreement for further details. (https://alderongames.com/legal/modding-agreement) By participating in modding, you agree to our Modding Agreement.
In the Services you may purchase virtual in-game items, such as dinosaur skins (“Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Services, and not in any other way. Alderon Games may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. Alderon Games shall have no liability to you or any third party in the event that Alderon Games exercises any such rights. The transfer of Virtual Items is explicitly prohibited. You shall not sell, purchase, redeem, or otherwise transfer Virtual Items to any person or entity. The provision of Virtual Items for use in Alderon Games games is a service provided by Alderon Games that begins immediately upon completion of your purchase.
Alderon Games may revise the pricing for the goods and services offered through the Services at any time. Please refer to our Refund Policy regarding game refunds (https://alderongames.com/legal/refunds).
You may not purchase, or pay directly for the use of any Mods, UGC, or benefit within the Game in correlation with the Services. Mods or UGC are not permitted to be sold or paywalled. Donations to Modders or UGC owners for their services may only be permitted or accepted if by donating you are not receiving exclusive items, boosts, skins, creatures, rewards, or any other type of benefit within the Game.
You may not purchase, sell, donate for, or accept donations for bonuses, benefits, boosts, items, or exclusive perks within the Game. You may not restrict players from accessing to base Game content through paywalls, donations, or paid services (including, but not limited to, growth, skins, creatures, stats, or maps).
You understand that the Services are constantly changing, patching, and updating. You acknowledge and agree that Alderon Games may update the Services, with or without notifying you. Alderon Games may require that you accept updates to the Services, such as via installing updates to game clients installed on your device. You may need to update third party software or your device hardware from time to time in order to access and use the Services, which may require agreeing to updated license agreements of those third parties.
Alderon Games may offer to you a chance to participate in beta tests (open or closed) of certain parts of the Services. Your participation into such beta tests may be subject to a separate non-disclosure agreement. By participating in beta tests you acknowledge and accept that:
You agree to indemnify, defend and hold Alderon Games (and Alderon Games’s officers, directors, agents, affiliates, subsidiaries, parent companies, joint ventures, and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AFFILIATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR US THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USERS ON THE SERVICE, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AFFILIATED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE AFFILIATED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If a dispute arises between you and Alderon Games, please first contact our customer support through our help site (https://support.alderongames.com/hc/en-us) to seek a resolution.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, except as otherwise provided by the European General Data Protection Regulation.
Disputes between you and Alderon Games are governed by Australian laws, without regard to conflict of law principles. You agree that any claim or dispute you may have against Alderon Games must be resolved exclusively by a court located within Victoria, Australia, except as otherwise provided by the General Data Protection Regulation of the European Union.
Alderon Games may publish additional or supplementary policies or terms related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Service. If you are a California resident under the age of 18, you may request removal of certain personal content or information you have publicly posted to the Service. To make a request, contact us through our help site (https://support.alderongames.com/hc/en-us).
The Services are offered by Alderon Games Pty Ltd located at 115 Doveton Street South, Ballarat, Australia. You can contact us through our help site (https://support.alderongames.com/hc/en-us).