End User Licence Agreement (EULA)
CROSSY ROAD CASTLE
The following End User Licence Agreement (“Agreement”) governs your use of Our Games and the content found within it:
Please be advised that this agreement contains a binding, individual arbitration and class-action waiver provision.
If you accept this agreement, you and Hipster Whale Pty Ltd agree to resolve any disputes in binding, individual arbitration and give up the right to go to court individually or as part of a class action.
1. INTRODUCTION
This is the official terms of service for the games “Crossy Road Castle (Xbox), Crossy Road Castle (PlayStation) and Crossy Road Castle (Nintendo Switch)” collectively referred to as “Games” owned and controlled by Hipster Whale Pty Ltd (Australian Business Number: 74 601 793 275) (defined herein as ‘We’, ‘Us’ or ‘Our’), By using or otherwise accessing Our Games, you acknowledge that you are at least thirteen (13) years of age and you have, or if you are under the age of thirteen (13) your guardian has 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 Our Games or any of the content contained within it. Any reference to the term Games will relate to the version of the Game(s) that you have validly purchased, on your relevant and applicable platform.
2. GRANT OF LIMITED LICENCE
Upon the successful payment of the relevant (and applicable) fees on your applicable Digital Stores,digital store(s), We grant you a limited, worldwide, non-exclusive, royalty-free, revocable license to access and use Our Game(s) exclusively for the purposes of viewing, playing, and interacting with the content within them, on the platform to which your purchase of Our Games was processed on. You acknowledge that this license is limited to your use of Our Games only on the platform that you purchased Our Games on and which you either own or control. Our Games and the content within it are to be used solely by you for entertainment and educational purposes, and for no other purposes. Your licence confers no title or ownership in Our Games.
We do not grant you any other rights whatsoever in relation to the Games or the content within them.
All rights not specifically licenced herein are expressly reserved by Us.
3. TERM
This License (as listed at Clause 2 above) will exist for as long as you lawfully continue to use the Games, and subject to the termination of this licence as outlined in this Agreement.
4. INTELLECTUAL PROPERTY & OWNERSHIP
The Games and all content within it are protected by Australian and international copyright law and is licensed, owned and/or controlled by Us. Unless otherwise indicated, all rights (including copyright), title and interest in the Games and any content found anywhere within them (including but not limited to code, art, scripts, design elements and interactive features), are owned and/or controlled by Us (or our Licensors). Our Games may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of this Agreement. All trademarks, service marks and trade names (registered or otherwise) are owned, registered and/or licensed by Owner.
5. UPDATES
We may deploy, upload or provide mandatory patches, updates or modifications to Our Games which must be installed for you to continue to use our Games, in order to, for example: (i) ensure compliance with applicable laws and/or reflect the change in relevant laws; (ii) perform temporary maintenance, fix bugs, implement technical adjustments and make improvements; (iii) update of upgrade the Games; (iv): ensure the security of Our Games; and (v) to combat against any illegal, harmful or unsafe activities associated with Our Games.
6. YOUR CONDUCT & LICENCE CONDITIONS
Your use of Our Games is subject to all applicable local, state, national laws and regulations. By accessing and using Our Game or any of its contents and functions, you agree to be bound by those laws. In addition, you acknowledge and agree that your licence(s) to use Our Games are subject to the following limitations (Licence Limitations):
Exploiting Our Games commercially;
use Our Games to harm, threaten, or harass anyone (including Us and Our employees, officers and directors);
use Our Games in any manner or for any purpose other than as expressly permitted by the Terms, the Licenses and the information available on our websites;
violate the terms of our privacy policy listed at: www.crossyroadcastle.com/privacy-console;
share passwords or other access information or devices or otherwise authorize any third party to access or use Our Games;
translate, reverse engineer, decompile, derive source code, modify, create derivative works or disassemble Our Games or the content within it or merge all or any part of the either with another game, program or service (including software and other applications utilising artificial intelligence);
create, develop, modify, make available, distribute, host, promote, advertise, or use any software programs to break, interfere with or mod Our Games;
remove or alter any copyright, trademark or other proprietary rights notices contained in any of Our content (including but not limited to Our Games);
unlawfully copy, reproduce or create derivative works based on any part of Our Games or any of the content within it, or create a competing version of Our Games based on the information that you may gain from using Our Games;
use Our Games or any content within it for any unauthorized purpose or in violation of any applicable laws or regulations.
Any use of Our Games in violation, contravention or breach of these Licence Limitations is a serious and material violation of this Agreement, and will result in an immediate termination of your license. Further, We may take any further actions and impose any penalties we deem necessary, including but not limited to terminating this agreement with you, to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning.
Reporting Conduct
We care about our users having a safe and positive experience with Our Games. While using Our Games, if you experience abuse, harassment, offensive behaviour or cheating, you can report this conduct in Our Games or online to Us. For the avoidance of doubt, this includes, but is not limited to, offensive (or inappropriate) user-generated content (e.g., usernames) and in-game behaviour which constitutes harassment, abuse and/or cheating. You can find the option to report unwanted behaviour in Our Games. Should you wish to report conduct outside of Our Games, you may also send a complaint or concern to Us via Our support email: moderation@hipsterwhale.com, to our moderation team. Our moderation team will endure to get back to all reported conduct and complaints within a reasonable period of time. In some instances, We will be required to escalate and share reported conduct (and complaints) with relevant platforms to (i.e., Sony Interactive Entertainment, Microsoft Xbox, and/or Nintendo) which the report relates to.
7. LIMITATION OF WARRANTIES AND LIABILITY
(a) FOR RESIDENTS IN AUSTRALIA AND NEW-ZEALAND: Nothing in this clause 8, or this Agreement, is intended to exclude, restrict, modify, remove or have the effect of excluding, restricting or modifying, the application of any applicable laws in either Australia (i.e., specifically, under Division 1 of Part 3-2 of the Australian Consumer Law subsisting in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or New Zealand (i.e., the Nez Zealand Consumer Guarantees Act 1993) that cannot be excluded, restricted or modified by agreement.
(b) FOR REST OF THE WORLD: Our Games, and the contents of Our Games 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. You assume all responsibility and risk for the use of Our Games, and for the use of any third-party website or service within it, and to the fullest extent permissible by law, We disclaim all liability for any loss, injury or damage resulting from your use of Our Games, whether direct or indirect.
(c) Subject to the Competition and Consumer Act 2010 (Cth), in no event will We 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 associated with Our Games. Our total aggregate liability with respect to Our obligations under this agreement or otherwise with respect to Our Games will not exceed the actual price paid for the license to use Our Games. 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.
(d) FOR RESIDENTS IN NORTH AMERICA: To the fullest extent possible and allowed by applicable law, We shall not be held liable for any special, incidental, compensatory, indirect, consequential, punitive or exemplary damages whatsoever, resulting from the possession, use or malfunction of, Our Games. In any event, Our liability shall not exceed the actual price paid for the license to use Our Games.
(e) THIRD-PARTY SERVICES: To the maximum extent permissible by law, this Agreement expressly excludes and disclaims any representations, warranties, conditions and other liabilities relating to any thirty-party services in Our Games, such as Epic Online Services. These services are provided to you on an “as is” and “as available basis”, and without warranty of any kind. Epic Games disclaims all warranties, conditions, common law duties and representations of any kind.
8. INDEMNITY
You agree to indemnify and hold harmless Us, and Our 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 Our Games, violation of this agreement (including but not limited to any of the conditions listed at Clauses 6 and 10) or any other actions connected with use of any content within or ancillary to Our Games, 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. TERMINATION
We may terminate the license granted to you under this agreement and/or suspend your use (or access) of Our Games without giving you any prior notice if you seriously and/or materially violate (or breach) this Agreement. We may also terminate the license granted to you under this Agreement if we have any other valid reason to do so (for example, ceasing an online service for economic reasons).
Upon termination you must immediately cease using Our Games and any content within them.
10. DISPUTE RESOLUTION
Under this Agreement or in connection with Our Games, a “Dispute” means any dispute, challenge, claim, or controversy you and Us that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of Our Games, all marketing related to Our Games, any licensed content, and all matters relating to or arising from this Agreement, including any disputes over the validity or enforceability of this agreement to arbitrate.
A Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION WAIVER clauses irrespective of whether such Dispute arises from or exists in - contract, common law, statute, regulation, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable source of law. You acknowledge and understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited, and that this is reasonable herein.
Internal Dispute Resolution
Our customer support team is available at support@hipsterwhale.com to address any questions, concerns or complaints in relation to Our Games or this Agreement. We aim to address and resolve all concerns to our customers’ satisfaction, and within a reasonable timeframe. To reduce any costs and ensure all Dispute(s) (if any) are addressed (and resolved) in a timely manner, You and Us acknowledge and agree to first attempt to resolve any Dispute informally for at least thirty (30) days prior to instituting or initiating any arbitration or legal proceeding, from the first date written notice was served upon Us (“Internal Dispute Period”). You and Us agree to use our individual and collective best efforts to address and resolve any Dispute through direct consultation and with good faith. Upon the Internal Dispute Period concluding and if a Dispute remains, either party may take further action necessary in accordance with the terms of this Agreement. You acknowledge and agree that if the Internal Dispute Period has not be completed, any initiated (or pre-emptive) action or arbitration will be suspended until such Internal Dispute Period is completed.
Binding Arbitration
If a Dispute still exists upon the conclusion of the Internal Dispute Period, either party may then be able to initiate binding arbitration as the sole means (and method) to formally resolve the Dispute. Any arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedure (the “JAMS Rules”) effective as of the date of initiating any arbitration. To view the relevant and applicable JAMS Rules, please via the following link: http://www.jamsadr.com/rules-streamlined-arbitration, as modified by this Agreement.
11. SURVIVAL
Clauses 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 will survive and continue in force even after any termination.
12. CLASS ACTION WAIVER
To the maximum extent permitted by applicable law, You and Us agree to only bring any disputes in an individual capacity. You expressly agree not to:
a) personally seek, attempt, procure, participate in any class or broad representative action, collective or class-wide arbitration, or any other action where a third-party (whether an individual or corporate entity) acts on your behalf (or in a representative capacity); or
b) merge, consolidate, combine or amalgamate individual proceedings or permit an arbitrator to do so without the express and prior consent of all parties to this Agreement.
13. GENERAL
(a) This agreement is the entire agreement, understanding and exhaustive statement of the terms between you and Us with respect to the subject matter hereof, and supersedes any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
(b) We reserve the right to amend and/or modify this Agreement at any time, and by any means, including without limitation by positing the modifications to Our website: www.crossyroadcastle.com and/or requiring you to click “accept”. Your continued use of Our Games constitutes your acceptance of any modifications. If any future amendments or modifications are unacceptable to you or cause you to no longer comply with this Agreement, you must terminate, and immediately stop using and interacting with Our Games.
(c) We may update Our Games without notifying you. You acknowledge that you may need to update third party software from time to time in order to effectively continue to use Our Games.
14. JURISDICTION
This Agreement, including any dispute or claim arising from it (or in connection with Our Games), will be governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to be bound by the laws of that state and submit to the exclusive jurisdiction of that State, including any Courts that are entitled to hear appeals.
You and Hipster Whale Pty Ltd agree to waive any jurisdictional, venue or inconvenient forum objections (or right to challenge) (except either party’s rights to remove a case to federal court if permissible), as well as any right to a trial by jury. You acknowledge and agree that The Convention on Contracts for the International Sale of Goods will not apply to this Agreement and Our Games.
To the maximum extent permissible by any applicable law, you acknowledge and agree that any law, regulation, doctrine or rule which enables that the language of a contract to be construed against the party who has drafted or proposed said terms or contract, will not apply to this Agreement.
15. PRIVACY
We recognise the importance of your privacy and understand the concerns surrounding security of personal information. To view Our privacy policy relating to the use of Our Games, please visit: www.crossyroadcastle.com/privacy-console
TERMS OF SERVICE – LAST UPDATED 20 JUNE 2024
HIPSTER WHALE PTY LTD