APP TERMS & CONDITIONS
When we talk about “Melt Creativity,” “we,” “our,” or “us” in these Terms, we are referring to Melt Creativity, an Australian business with ABN 33 628 087 301. When we talk about the “Game” in these Terms, we are referring to our mobile skiing application available on the Apple iOS Store and the Google Play Store.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
HOW TO PLAY
As you ski, you will progress through levels. On each level, there are coins to collect.
If you crash, you will be offered the opportunity to watch an advertisement to earn coins.
With your coins, or with real money, you can make in-app purchases, such as characters and clothing.
Spinning the wheel
If you have 100 coins, you can spin the wheel which will allocate you with a random prize.
If available, you may be able to pay to spin the wheel.
These Terms set out the terms and conditions that apply when you use the Game. By using the Game, you agree to be bound by these Terms which form a binding contractual agreement between you and us.
Please have a careful read through these Terms before using the Game. If you don’t agree to these Terms, please don’t use the Game.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Game after we modify our Terms, you’ll be taken to have agreed to these Terms as modified.
WHO MAY USE THE GAME
In order to use the Game, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access the Game if you do not meet these criteria.
In order to connect to other users of the Game or to make In-App Purchases with money, you will be required to sign up for an account (Melt Creativity Account). You may register for a Melt Creativity Account through your account with another site, such as Facebook.
When you register for a Melt Creativity Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you are solely responsible for:
maintaining the confidentiality and security of your Melt Creativity Account information and your password; and
any activities and those of any third party that occur through your Melt Creativity Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Melt Creativity Account information or your password.
We offer a no cost plan which will allow you to access some features of our Game (Free Version). In order for you to access additional features (In-App Purchases), we may require the payment of fees (Fees). The Fees may be paid via the mobile application store or otherwise depending on our current prices and billing process.
FAILURE TO PAY
If Fees for In-App Purchases are not paid when they are due, we may revoke your Melt Creativity Account and require payment for you to continue accessing the Game.
We may use third-party payment providers (Payment Providers) to collect Fees. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
We generally don’t offer refunds for any of our In-App Purchases and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Game that you think should entitle you to a refund and we’ll consider your situation.
We need you to make a few promises about the way you’ll use the Game.
not to copy, reproduce, translate, adapt, vary or modify the Game without our express consent;
not to use the Game in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
not to use the Game for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
not to attempt to breach the security of the Game or Melt Creativity’s system security, or otherwise interfere with the normal function of the Game, including by:
gaining unauthorised access to Melt Creativity Accounts or data about other users of the Game;
scanning, probing or testing the Game for security vulnerabilities;
overload, flood, mailbomb, crash or submit a virus to the Game or Melt Creativity’s system; or
instigate or participate in a denial-of-Game attack against the Game or Melt Creativity’s system; and
to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Game comply with the Terms.
TYPES OF CONTENT
As part of using the Game, you may upload images, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the app, sharing content via the app on social media or by contacting us, or when you register a Melt Creativity Account (Posted Materials).
By providing or posting any Posted Materials, you represent and warrant that:
you are authorised to provide the Posted Materials;
the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
the Posted Materials are not “passing off” of any product or Game and does not constitute unfair competition;
the Posted Materials do not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);
the Posted Materials are accurate and true at the time they are provided;
any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
the Posted Materials do not breach or infringe any applicable laws, regulations or orders.
POSTED MATERIALS – IP LICENCE
By uploading any Posted Materials, you grant to Melt Creativity (and its agents or Game providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Melt Creativity to use, exploit or otherwise enjoy the benefit of such Posted Material.
REMOVAL OF POSTED MATERIALS
We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.
Unless we indicate otherwise, all materials used in the Game (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Game in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.
THIRD PARTY CONTENT & LINKS
The Game may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
The Game may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
The Game is made available to you strictly on an 'as is' basis. We do not represent or guarantee, and we make no warranties (to the extent permitted by law) that:
the Game will be free from errors or defects;
the Game will be accessible or available at all times;
messages sent through the Game will be delivered promptly, or delivered at all;
information you receive or supply through the Game will be secure or confidential; or
any information provided through the Game is accurate or true.
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Game. You should take your own precautions to ensure that the process which you employ for accessing the Game does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
To the maximum extent permitted by applicable law, Melt Creativity limits all liability for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Game to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
You agree to indemnify Melt Creativity and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Game or breach of these Terms (or both, as the case may be).
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Melt Creativity’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
in the case of goods, their replacement or the supply or equivalent goods or their repair; and
in the case of Game, the supply of the Game again, or the payment of the cost of having them supplied again.
Under no circumstances will Melt Creativity be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Game, these Terms or their subject matter.
CANCELLATION BY YOU
You are responsible for the cancellation of your Melt Creativity Account. You can cancel your Melt Creativity Account at any time by using the functionality provided in the app.
CANCELLATION BY US
To the extent permitted by law, we reserve the right to terminate your access to any or all of the Game or any part of the Game at any time without notice, for any reason, provided that we refund to you any Fees for In-App Purchases which you have paid and not received.
We may also terminate your access to any or all of the Game at any time without notice without if you breach any provision of these Terms.
EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your Melt Creativity Account, we will delete any Posted Materials associated with your Melt Creativity Account. You will not be able to recover any this after cancellation, termination or expiry of your Melt Creativity Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Melt Creativity Account.
The sections titled “Your Content”, “Disclaimer”, “Survival” and “General” will survive any termination or expiration of these Terms, as well as any other provision which by its nature would reasonably be expected to be complied with after termination.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
You can’t assign, novate or otherwise transfer your rights or obligations under this agreement without the prior consent of Melt Creativity.
This agreement is governed by the law applying in New South Wales, Australia.
The courts located in New South Wales, Australia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents and submits to the exclusive jurisdiction of those courts.
LOCATION OF GAME
Melt Creativity controls the operation of the Game from headquarters located in Australia. Some Game or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the Game will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
You are solely responsible for your decision to use the Game from other locations and you acknowledge and agree that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Game.
Our Terns & Conditions were last updated on [insert].