Please read the terms and conditions ("Terms") set out below carefully. They govern your use of: the ("Indie Royale") website and other software or content related to either of them available from http://www.indieroyale.com ("System") and your purchase through the System of applications (including games and other downloadable content) ("Applications").
By using the System you have agreed to be bound by these Terms as they then read. Indie Royale may modify these Terms at any time by making available through the System a new version of them. You must not use any part of the System after these revised Terms have been posted unless you agree to be bound by the revised Terms and your continued use of the System after revised Terms have been posted constitutes your acceptance of the revisions to those terms.
If you have an Account (described below) you may purchase Applications which are available through the System. You may access the relevant Application through the use of your Account while that Application remains available on the System. This does not permit you to make copies of the Application and your use of an Application is also subject to any licence terms included with the Application.
You are bound by any instructions that Indie Royale receives through your Account including from any person logged in to your Account, whether or not the instructions are given by you or with your authority.
You may request to register with the System. If Indie Royale accepts your request, you will be given an. Indie Royale may in its discretion, but is not obliged to, require verification of the identity of a person requesting to register with the System, or attempting to access the System through an Account. Certain parts of the System are only accessible to persons when they have logged in to an Account. You must not: disclose any keys or logins for any Account to any other person; nor allow any other person access any part of the System through your Account.
The System (including all content, graphics, and other intellectual property and elements incorporated into the System) is the property of Indie Royale and/or others, and is protected by all international copyright, trademark and other laws. Your use of the System does not transfer to you any ownership nor create any other rights in the System or its content.
The System may not be used for unlawful or commercial purposes; it is for your lawful, personal use only. You must not use the System except as expressly permitted in these Terms. You must comply with all applicable laws. The System and its content may not be copied, reproduced, modified, disassembled, decompiled or distributed in any way without the express prior written consent of Indie Royale. You must not sell or resell any part of the System or access to it. You must not use any part of the System except in accordance with these Terms.
You may use System only if: (a) you have reached the age of 18 or, if the age of legal capacity is higher in any applicable jurisdiction, that age; or (b) you are 13 years of age or older and this agreement is entered into on your behalf by a person of majority who is capable of entering into such agreements and making them binding upon you ("Guardian"). In the second case Guardian agrees to be bound by, and must ensure that you comply with, these terms and conditions. Indie Royale may request proof of identification and age (for example, proof of your ability to purchase certain Subscriptions).
If you send to Indie Royale, or upload to the System, any content of any type ("Content"), including forum posts, commentary, ideas or suggestions whether or not solicited, then: by uploading the Content you license the Content to Indie Royale as set out in this clause 2; and you must ensure that you are the owner or creator of that content or have received permission from the owner or creator to make such submissions and to licence that content as set out in this clause 2.
You expressly authorise and permit Indie Royale to exercise and to authorise others to exercise all of the rights comprised in copyright and all other intellectual property rights which subsist in the Content and you irrevocably consent to all such exercises. Indie Royale is not required to compensate you or any other person in any manner for any such exercise or authorisation. In particular, Indie Royale may use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content and other works which are based on them (including by way of adaptation or derivative works) in any form, anywhere, with or without attribution to you, whether or not such use would otherwise be a breach of any person's moral rights, and without any notice or compensation to you of any kind. This clause does not limit Indie Royale's privacy obligations under clause 9.
All Content and Applications added and managed by Publishers is governed by the terms and conditions agreement which they must accept prior to publishing their Applications on the System.
You must ensure that all information provided to Indie Royale through the System (including registration information, payment information, and transaction-related information) is true, accurate and complete. You are solely responsible and liable for any and all loss, damage, and additional costs that you, Indie Royale or any other person incur as a result of any false, incorrect or incomplete information provided by you or through your Account, or if the details of your Account are not updated as soon as practicable after (and in any case, within 30 days of) any change.
To the extent permitted by law, Indie Royale may at any time, without any prior notice or liability to any person: (a) correct any error, inaccuracy or omission; (b) change the Applications available through the System, or the prices, fees, and specifications of such Applications, or any promotional offers and any other content; (c) reject, correct, cancel or terminate any order, including accepted orders, for any reason.
The advertisements on the System are invitations to you to make offers to purchase Applications on the System and are not offers to sell. All prices and other amounts appearing on the System are quoted in US dollars unless otherwise specified.
When you provide credit card information to Indie Royale, you represent to Indie Royale that you are the authorized user of the credit card and authorize Indie Royale to charge your credit card the purchase amount.
You must not cause any chargeback of any purchase you make through the System without having reasonable cause and explaining that cause to Indie Royale. Where you cause such a chargeback, Indie Royale may suspend your Account until such time as you demonstrate to Indie Royale reasonable cause for that chargeback. You may request Indie Royale to cancel an order by email to: support@indieroyale.com
ALL INDIE ROYALE FEES ARE PAYABLE IN ADVANCE. INDIE ROYALE DOES NOT GIVE REFUNDS IF YOU CHANGE YOUR MIND.
You agree that you will be personally responsible and liable for the use of your Account and the communication and activity on the System that results from use of your Account. Your online conduct and interaction with other Account holders should be guided by common sense and basic etiquette. In particular:
If you believe that your Account information has been lost or stolen or become known to or used by any other person, you will immediately notify Indie Royale by email to: support@indieroyale.com
Indie RoyaleTM and other names and logos that are displayed through the System (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by Indie Royale or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms) is prohibited. Nothing in the System shall grant, or is intended to grant, any license or right to use any of the Marks.
A. Disclaimers
Your access to and use of the System is at your own risk. Subject to this clause 7, to the fullest extent permitted by law the System is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability.
B. Liability exclusions
Subject to this clause 7, Indie Royale and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the System or these conditions of use including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Indie Royale or any person for whom Indie Royale is responsible, and even if Indie Royale has been advised of the possibility of such loss or damage being incurred.
C. Warranty exclusions, liability
To the extent permitted by law Indie Royale excludes all implied warranties in relation to the supply of any goods or services through the System. To the extent permitted by law, Indie Royale limits its liability for the breach of any warranty to (at its option): a refund; the resupply of the relevant good or service; or the payment of the cost of the resupply of the good or service. Subject to Indie Royale's obligations in relation to a breach of such a warranty, to the extent permitted by law Indie Royale's total aggregate liability for all loss or damage arising out of this Agreement or the relationship contemplated by it is limited to the total amount of all fees received from you by Indie Royale in the first twelve months following the commencement of this Agreement.
D. NO GUARANTEES.
INDIE ROYALE DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE SYSTEM, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTION(S).
Indie Royale collects, uses and discloses personal information in accordance with Indie Royale's Privacy Policy as it exists from time to time. The Privacy Policy is available from this link. By accepting these Terms, and each time you use the System, you consent to Indie Royale's collection, use and disclosure through the System of any information relating to you or your Account in accordance with Indie Royale' Privacy Policy as it then reads.
Either you or Indie Royale has the right to terminate or cancel your Account at any time. You may request your Account be terminated by contacting us at support@indieroyale.com. Indie Royale may remove your Account if it receives a request in relation to it, and that request complies with all verification processes that Indie Royale has in place. In the event that your Account is terminated or cancelled by Indie Royale for a violation of this Agreement or improper or illegal activity, no refund, including any fees, will be granted.
Sections 1, 2, 7, 9, 11, and 12 will survive any expiration or termination of these Terms.
The System may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by Indie Royale. Accordingly, Indie Royale is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against Indie Royale arising from your use of any of these other websites.
These Terms, your access to and use of the System, and all related matters are governed solely by the laws of Victoria, Australia and applicable federal laws of Australia. Any dispute between you and Indie Royale or any other person arising from, connected with or relating to the System, these Terms, or any related matters (collectively "Disputes") must be resolved before the Courts of Victoria, sitting in Melbourne, and you hereby irrevocably submit to the original and exclusive jurisdiction of those courts in respect of all Disputes.
If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.
These Terms ensure to the benefit of and are binding upon each of Indie Royale and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. Indie Royale may assign its rights and obligations under these Terms without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
Any rights not expressly granted by these Terms are reserved to Indie Royale.
Last Updated: September 27, 2011
