Terms of Use

Last modified: 27 September, 2019

The terms of this agreement (“Terms of Use”) govern the relationship between you and Mighty Kingdom PTY LTD, an Australian company (ABN 57 149 485 165), with its address at Game Plus, Floor 2, 44 Pirie Street, Adelaide, South Australia, 5000, Australia (“Mighty Kingdom” or “us” or “we” or “our”) regarding your use of Mighty Kingdom’s games, websites and related services (the “Service”), including all information, text, graphics, software, and services, available for your use.

By using the Services, our website or any services offered on it, downloading any software made available by us, or downloading any of Mighty Kingdom’s mobile games from app stores, you accept the following Terms of Use. If you do NOT agree to these Terms of Use, you must NOT access or use our Services or this website and/or download any of our games.

Mighty Kingdom is authorized to amend the Terms of Use at any time, with the amended Terms of Use effective as soon as they are posted by us, including on this website. Please check the most current Terms of Use to ensure that you are aware of all the terms and conditions regulating your use of the Services, this website and Mighty Kingdom’s games.

Mighty Kingdom reserves the right to make changes to or update the content of the Services, the website and/or our games (or the format thereof) at any time and without any notice. Mighty Kingdom reserves the right to discontinue or terminate, or restrict access to, any of our games, the website and/or any of our Services for any reason whatsoever at its sole discretion.

 

ELIGIBILITY

By using any of our Services or our games, you represent and warrant that:

  • you are at least 18 years old; or
  • if you are less than 18 years old, you have the permission of a parent or guardian regarding your access to and use of our Services and games. 

Parents and guardians of users under the age of 18 must read and agree to be bound by these Terms of Use, and agree to be responsible for such use of the Services and our games.

Parents and guardians of users under the age of 13 agree to ensure that the user does not provide any personal information to us without the parent’s or guardian’s permission.

 

PRIVACY AND INFORMATION YOU PROVIDE TO US

You acknowledge and agree that our Privacy Policy (which may be accessed at https://www.mightykingdom.com/privacy-policy/) applies to you and your use of our Services and games at all times.  We will use, store and handle any personal information you send to us in accordance with our Privacy Policy and the requirements of the Privacy Act 1988 (Cth) that apply to us.

 

WARRANTIES AND DISCLAIMERS

All information, software, and services offered on this website or otherwise through our games or Services are provided “as is.” Mighty Kingdom hereby expressly disclaims all warranties of any kind, expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

Mighty Kingdom makes no warranty, representation, or guarantee as to the content, sequence, accuracy, timeliness, or completeness of its information, software, or services. Mighty Kingdom makes no warranty, representation, or guarantee that the information, products, or services will be uninterrupted or error free or that any defects will be corrected.

Mighty Kingdom assumes no responsibility for errors or omissions in the information, software, or services referenced or linked to on this website.

In no case shall Mighty Kingdom be held liable for, and you release Mighty Kingdom from, any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, or revenue; reliance on the materials presented; delays; or business interruptions arising out of or in connection with the use or performance of our Services or information made available by us) regardless of whether Mighty Kingdom has been advised of the possibility of such damages.

Downloading and using any of our Services, games and/or any of the software or services offered on our website is done at your own discretion and risk and you are solely responsible for all damage to your device system, loss of data, or other harm that may result from such activities.

 

COPYRIGHT AND INTELLECTUAL PROPERTY

Mighty Kingdom and its licensors (as applicable) own all intellectual property (including copyrights, trademarks, and all other proprietary rights) in and to the Services and games made available by us (including, but not limited to, any updates, enhancements and new features and all content, software, services, text, graphics, and logos).

Our Services and games, and the content of our Services and games, are protected by the copyright laws of Australia and treaties around the world. All such rights are reserved. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on, the Services or our games, sites, or software, except as expressly authorized herein.

Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of Mighty Kingdom is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Subject to these Terms of Use, Mighty Kingdom grants you a limited, personal, revocable, non-transferable, non-sublicensable and non-exclusive right to access and use Mighty Kingdom’s Services and games solely to enable you to enjoy the benefits of the Services and games as intended by us under these Terms of Use. Any use, reproduction, modification, distribution, sale, sub-licence or storage of our Services and games (and any content contained in our Services and games) for any purpose other than using the Services and games in accordance with these Terms of Use is expressly prohibited without prior written permission from us.  Except to the extent expressly permitted by these Terms of Use, you must not transfer or provide access to our Services or games to any third party or otherwise use our Services or games. for the benefit of any third party.

 

IN-GAME CURRENCIES AND GOODS

Mighty Kingdom’s mobile, social and other games may include virtual in-game currency (“Virtual Currency”), such as coins, cash, and/or gems, that can be purchased for real money and in turn used to purchase virtual in-game items (“Virtual Items”). Please note that Mighty Kingdom does not handle and is not responsible for handling transactions acquiring Virtual Currency. All Virtual Currency transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Currency, you are bound by and agree to the third-party payment providers’ Terms of Use.

In addition to all third-party obligations, the following shall apply. In no way can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Transferring Virtual Currency or Virtual Items outside the Games is strictly prohibited, meaning that you may not buy or sell Virtual Currency or Virtual Items for real money or otherwise exchange Virtual Currency or Virtual Items for items of value outside the Games.

You also agree that all prices and sales of Virtual Currency and Virtual Items are final. Neither third-party payment providers nor Mighty Kingdom issue refunds for completed transactions except as provided in this Terms of Use. Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not own them. In the event your account is limited, terminated, suspended, modified, or deleted for any reason at Mighty Kingdom’s sole and absolute discretion, or if Mighty Kingdom discontinues any of its Games, you forfeit any and all Virtual Currency and Virtual Items earned or purchased. Mighty Kingdom has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Items as it sees fit and at its sole discretion, and Mighty Kingdom is under no obligation to compensate you or anyone else for any resulting losses.

 

REFUNDS

Except as otherwise provided in these Terms of Use, and to the fullest extent permitted by law, we are not obliged to provide refunds of any amounts paid by you, including without limitation if you give your account or payment details to someone else, appear to be abusing our policies, or don’t protect your account with sufficient authentication. We may agree to provide a refund in our absolute discretion where we determine that extenuating circumstances apply.

In the case of a refund, you acknowledge that the payment processor’s standard terms and conditions regarding refunds will apply. User refunds are exclusive of taxes previously charged to users for product purchases.

 

RIGHTS TO CONTENT

“Content” refers to all software (including without limitation all games, titles, and computer code), communications (including without limitation all stories, dialogues, concepts, documentation, and character profile information), images, sounds, audio-visual effects, accounts, Virtual Currency and Virtual Items, and/or any other material, which is:

  • produced and/or made available by Mighty Kingdom;
  • received or made available while using our Services or playing our Games; and/or
  • created or developed during the course of using our Services or our Games.

Content also includes all feedback, comments, or suggestions that Mighty Kingdom receives from you regarding the Games. Unless otherwise expressly stated in writing, you understand and agree that all Content is owned by Mighty Kingdom. Mighty Kingdom reserves the right to use any and all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction by or compensation to you. All Content is copyrighted under the copyright laws of Australia and/or similar laws of other jurisdictions, protecting it from unauthorized use. Mighty Kingdom reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights in and relating to the Content and our Games and Services. You are not permitted to copy, redistribute, publish, create any derivative work from, or otherwise exploit our Content or any part of our Content in violation of Mighty Kingdom’s and/or any other third party’s intellectual property rights. You must not use

If you are deemed to have retained any right to, title of, or interest in our Content or any part of our Content, you agree to and hereby assign solely and exclusively to Mighty Kingdom all of your rights to, titles of, and interests in such Content or any part of such Content without additional consideration and in perpetuity under all applicable laws. If, for any reason, such assignment is ineffective under applicable law, you hereby grant Mighty Kingdom the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create any derivative work from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content or any part of such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.

At our discretion, Mighty Kingdom representatives or our technology may monitor certain Content in the Games, though we cannot, and we make no undertaking to, monitor any or all Content. We may edit, refuse to post, or remove any Content posted in the Services, our Games or in any Games-related sources that we deem is objectionable or violates these Terms of Use or the spirit of these Terms of Use at our sole discretion and determination. If you encounter something you find objectionable and/or in violation of these Terms of Use, you can bring it to our attention by contacting us. You acknowledge and agree that we are not responsible or liable for any Content generated by users of the Games. All users, not us, are entirely responsible for the completeness, accuracy, and/or usefulness of all the Content they upload, communicate, transmit, and/or otherwise make available via our Website, Games and/or related services.

You acknowledge and agree that Mighty Kingdom may use built-in tracking features to obtain information regarding your use of our Services and Games in order to improve the services we provide. You agree that such information is deemed to be Content for all intents and purposes under these Terms of Use.

  

USE OF SOFTWARE

Any third party software available for download on this website or in app stores, as well as available on social networks, is governed by the terms of the applicable end-user license agreement that accompanies or is included in the third party software. You are not able to use, download, or install any such third party software without first agreeing to the terms of the applicable end-user license agreement that accompanies or is included in it.

You may not use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the software or other products, services, or processes accessible through our website or Games except as expressly authorized herein or in the applicable end-user license agreement. You also acknowledge and agree that you will not transmit, upload, or attempt to transmit or upload viruses, adware, spyware, worms, or any other malicious or invasive code.

The software is supplied “AS IS.” Mighty Kingdom disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability and fitness for any purpose with respect to the software. You assume the entire risk of using the software.

You understand that Mighty Kingdom’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your device and other equipment.

  

USER CONDUCT

You may be required to register an account (the “Account”) in order to access some or all of our Services. You are responsible for all of the activities that occur under your Account. Your use of the Service is governed by and maintained and enforced by Mighty Kingdom through “User Conduct.” You are entirely responsible for knowing, understanding, and abiding by User Conduct. The User Conduct rules are not exhaustive, and Mighty Kingdom reserves the right to determine which conduct is considered to be outside the spirit of the Games and to take disciplinary measures, including the termination and deletion of user accounts, prohibiting user from using the Service in whole or in part. User Conduct governs all aspects of your interaction with the Games, including, without limitation, selecting in-game names, posting messages, interacting with other users, and otherwise accessing the Games.

You acknowledge and agree that if Mighty Kingdom finds, at its sole discretion, that you have violated User Conduct or these Terms of Use, you may no longer have access to the violating item/items and/or Mighty Kingdom reserves the right to take actions, which may include terminating your account and/or prohibiting you from using the Service in whole or in part.

You agree that you will not:

  • Transmit or post any content or use language deemed to be offensive at Mighty Kingdom’s sole discretion, including, without limitation, content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable, nor may you misspell or use an alternative spelling to circumvent or attempt to circumvent the content and language restrictions listed above
  • Post and/or make available to the public any other user’s personal information in the Games and/or any game-related services without that user’s express written consent, though users may communicate their own personal information
  • Violate the contractual, personal, intellectual property, or other rights of any party, or promote or constitute illegal activity
  • Improperly use Mighty Kingdom’s support services, including without limitation submission of false reports of abuse or misconduct by any party
  • Disable, interfere with, or circumvent any security feature of the Games or any feature that restricts or enforces limitations on the use of or access to the Games or Content
  • Participate in any activities and/or perform any actions that, in Mighty Kingdom’s sole opinion, lead to, result in, or may result in an authorized user of the Games being defrauded of Virtual Currency or Virtual Items that user has earned through authorized gameplay and/or purchased in the Games
  • Sell Mighty Kingdom’s Games or any of their parts, including but not limited to Virtual Currency or Virtual Items, user accounts, and/or access to user accounts to any party in exchange for real currency or items and/or services of monetary value
  • Engage in cheating or any other fraudulent activity deemed by Mighty Kingdom to be in conflict with the spirit of the Games
  • Use or take part in the use of any unauthorized third-party software designed to modify or interfere with the Service and/or any Mighty Kingdom’s Games
  • Share your password or any credentials you may use to access your Account with anyone
  • Purchase, sell, rent, or give away your Account, or otherwise make available your Account to any third party; create an Account using a false identity or information, or on behalf of someone other than yourself
  • Use your Account for commercial purposes, including but not limited to advertising, or solicitation, or transmission of any commercial advertisements (junk or spam emails, chain letters, etc.)

 

EXCLUSION OF LIABILITY AND INDEMNITY

By accessing and using the Services or our games, you assume all risks associated with such access and use. You agree not to hold Mighty Kingdom responsible for things other users post or do.

As there are many factors beyond our control that may affect the performance or compatibility of the Services or games with certain software or hardware, we cannot promise that your use of the Services or games will be uninterrupted or error or defect free or that errors or defects in the Services or games will be corrected. We make no guarantee that the information on the Services or games is accurate or current. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements. Information is for guidance only and is not intended to form any part of a contract.

To the maximum extent permitted by law, we (and our directors, employees and agents) do not accept any liability for, and you agree to release us (and our directors, employees and agents) from any and all claims in relation to any loss, howsoever caused, suffered or incurred by you arising from:

  • your use of the Services or our games; and/or
  • any interaction you may have with any other user of the Services or our games,

and any liability we owe is limited, to the maximum extent permitted under law, to the amount you paid to use the Services or game, or (if we choose) us providing the relevant Service again.

You agree to indemnify us (and our directors, employees and agents) against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from:

  • any breach of these Terms of Use by you;
  • any breach of any rights of a third party by you; or
  • any breach of any applicable law by you.

 

TERMINATION

We reserve the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part (including but not limited to by deleting your account) at any time, if we reasonably believe that you have violated or breached any of these Terms of Use. In the event that we suspend or terminate your account, you will have no further access to your account and/or any Content associated with it. As stated above, Mighty Kingdom and third-party e-commerce payment providers will not issue any refund to you for Virtual Currency or Virtual Items acquired, developed during, or purchased in the Games.

 

APPLICABLE LAW

These Terms of Use and all disputes relating to them shall be governed by and construed in accordance with the laws of South Australia. You submit to the jurisdiction of the courts of South Australia in respect of any claim arising from, or related to, these Terms of Use, although we reserve the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction.

 

SEVERABILITY

You and Mighty Kingdom agree that if any part of these Terms of Use is or becomes, in whole or in part, invalid or unenforceable under any applicable law or court order, it is to be deemed severed from these Terms of Use to the extent of its invalidity or unenforceability, and the rest of the Terms of Use shall remain in full force and effect.

 

SUPPLEMENTAL POLICIES

Additional policies related to specific services (including but not limited to forums, contests, or loyalty programs) can be issued by Mighty Kingdom. Your right to use such services is subject to the pertinent policies and these Terms of Use.

You agree that your use of our Services and the related information and/or content acknowledges that you have read these Terms of Use, understand it, and agree to be bound by its terms and conditions.

If you have any questions or comments, please contact us at support@mightykingdom.com. Please also see our Privacy Policy.