Terms of Service

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”).

Acceptance of Terms

Agreement

By downloading, installing, accessing, or using any part of the Services you agree to and are bound by these Terms. Use of the Services is also governed by Alderon Games’s Privacy Policy. These Terms along with Alderon Games’s Privacy Policy affect your legal rights and obligations. Before accessing or using the Services, you must agree to these Terms of Service and Alderon Games’s Privacy Policy. If you do not agree to both these Terms, you may not access or use the Services. Use of the Services is void where prohibited.

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.

Changes to Terms

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 Some of the terms contained in this Terms of Service may also be superseded by provisions in supplemental policies of the Services.

1. License

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.

a. Accounts

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:

• You shall not sell your account, rent your access to your account, give away your Account, create an account by using false identities or information, or create an account on behalf of someone else.
• You shall never use the account of another person.
• You shall not use the Services if you have previously been removed from using any part of the Services by Alderon Games, or previously been banned from playing any Alderon Games game.
• You shall not create a new Services account in order to evade an issued ban or mute against an account you previously created or other currently existing accounts.

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.

b. License Limitations

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:

• use the Services for fraudulent or abusive purposes (including, but not limited to, using the Services to impersonate an individual, or impersonate Alderon Games’ affiliation with any person, entity, or other users);
• interfere with or disrupt the Services, servers, or networks that provide the Services;
• attempt to decompile, reverse engineer, disassemble, or hack any of the Services, or to defeat any of the encryption or secure data transmitted or stored by Alderon Games;
• post any information or content that is abusive, threatening, obscene, defamatory, or that is racially or sexually objectionable or offensive, or engage in ongoing offensive behavior;
• post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
• post or upload any content that may create risk or legal liabilities, or infringe upon copyrights or intellectual property rights of other entities;
• attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Alderon Games’s employees or Alderon Games’s customer service representatives;
• solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services; or
• do anything that Alderon Games deems not to be within the intent of the Services.

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.

c. User Interactions

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.

d. Responsibility for Users Interactions

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.

2. Termination of Account and Service

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.

3. Ownership

a. Intellectual Property

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.

b. Accounts

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.

c. Virtual Goods

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.

d. Social Media and Game Content

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.

e. User Generated Content

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.

f. Modding

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.

4. Purchase Terms

a. Purchases

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.

b. Pricing

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).

c. Selling Mods and UGC

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.

d. Selling Boosts and Game Content

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).

5. Updates to the Service

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.

6. Beta Tests and Public Testing

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:

• Due to the unfinished and experimental nature of the beta tested parts of the Services, Alderon Games may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications.
• Any feedback or idea submitted by you to Alderon Games regarding the beta tested parts of the Services may be utilized by Alderon Games without any compensation to you. By submitting feedback regarding the beta tested parts of the Services, you grant to Alderon Games an unlimited, sublicensable, nonexclusive, and transferable license to utilize such feedback in its business.

7. Privacy Policy

Alderon Games’s use of your personal data is governed by Alderon Games Privacy Policy (https://alderongames.com/legal/privacy-policy). You approve Alderon Games processing your personal data in accordance with the Alderon Games Privacy Policy by downloading, installing, accessing, or using the Services.

8. Indemnification

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.

9. Disclaimer of Warranties

a. “As Is”

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.

b. No Responsibility

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.

10. Limitation of Liability

a. No Consequential Damages

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.

11. Dispute Resolution, Arbitration, and No Class Actions

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.

a. No Class Actions

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.

b. Severability

You and Alderon Games agree that if any portion of these Terms, Alderon Games’s Privacy Policy or any supplemental terms are found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

c. Governing Law

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.

12. General

a. Entire Agreement

These Terms, the Alderon Games Privacy Policy any additional or supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and Alderon Games, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.

b. Assignment

Alderon Games may assign or delegate these Terms and/or the Alderon Games Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without Alderon Games’s prior consent.

c. Supplemental Policies

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.

d. No Waiver

The failure of Alderon Games to require or enforce these Terms or the Alderon Games Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Alderon Games’s right to assert or rely upon any such provision or right in that or any other instance.

13. Notice to California Residents

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).

14. Supplemental Terms for PlayStation®

For purchases in the PlayStation™Store in North America: Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Interactive Entertainment America. For purchases in the PlayStation™Store in Europe: Any content purchased in an in-game store will be purchased from Sony Interactive Entertainment Network Europe Limited (“SIENE”) and be subject to PlayStation™Network Terms of Service and User Agreement which is available on the PlayStation™Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

15. Contact Information

The Services are offered by Alderon Games Pty Ltd located at 53 Victoria Street, Bakery Hill, Victoria, Australia. You can contact us through our help site (https://support.alderongames.com/hc/en-us).