License and Restrictions
Subject to these Terms, Indie-dev grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not:
- Modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services;
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Indie-dev's express written consent;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without the express written consent of the respective owner;
- Use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information;
- Use any meta-tags or any other "hidden text" utilizing "Indie-dev" without Indie-dev's express written permission;
- Engage in any conduct in connection with the Services that may be considered illegal or tortious including "hacking" the Services, or infringing the intellectual property or other proprietary rights of Indie-dev or third-parties.
Additionally, where the Services are a downloadable game and/or application ("App"), Indie-dev grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices. The App may not be copied, resold, or sublicensed.
The App may include measures to control access (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted. If you disable or tamper with the technical protection measures, your license shall be considered automatically revoked.
Third-Party Products, Services and Links
Indie-dev may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Your rights and obligations regarding such products will be governed by the separate terms of use and privacy policies of the applicable third-party provider.
The Services may include hyperlinks to other websites over which Indie-dev has no control. Indie-dev is not responsible for the availability of such external sites or resources.
Accounts & Age Requirements
By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority where you live) or that you have reviewed these Terms with your parent or guardian. If you are under the age of 13, you must have permission from your parent or guardian.
You may be required to register an account before using certain Services ("Account"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it. You agree to provide true and complete information about yourself and to keep it up to date.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services.
Virtual Currency, Items & Purchases
A. In-game Virtual Currency and Virtual Items
The Service may include an opportunity to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency outside of the Services.
B. Subscriptions
When you buy a Subscription, you agree to the following:
- A Subscription fee will be charged to your chosen payment method in the App Store.
- Your Subscription will automatically renew until either you or Indie-dev cancels it.
Canceling Subscriptions:
- You must cancel within 24 hours before it renews.
- Google Play: Cancel instructions
- Apple App Store: Cancel instructions
C. Payments
All payments are charged and processed by the App Store. You agree that all payments for Virtual Currency, Virtual Items, and Subscriptions are final. No refunds will be given, except in Indie-dev's sole discretion.
Title & Intellectual Property
Unless otherwise specified, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein shall remain in Indie-dev and/or its suppliers, and are protected by copyright laws of the United Kingdom, the United States and other jurisdictions.
The Services may allow you to create content ("Your Content") that incorporates the Indie-dev Content. Indie-dev retains all rights to the Indie-dev Content. You retain all rights to Your Content; however, Indie-dev shall have an exclusive, perpetual, irrevocable, fully transferable worldwide right and license to Your Content for any purpose.
Disclaimer of Warranty and Limit of Liability
Indie-dev makes no representation, warranty, and/or guarantee of the suitability of the services for your purposes, or that the use will be secure, uninterrupted, error-free, or free of viruses or other harmful components.
The services are provided "AS IS" and all conditions, representations and warranties are hereby disclaimed to the maximum extent permitted by applicable law.
Indie-dev will not be liable for any damages of any kind arising from your use of the services, including direct, indirect, incidental, punitive and consequential damages.
Indemnification
You agree to hold harmless, indemnify and defend Indie-dev, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses due to, arising out of, or relating to your use of the Services, your violation of these Terms, or your violation of any law, regulation or third-party right.
Termination
These Terms will automatically terminate if you fail to comply with any term hereof. You and Indie-dev have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination you shall immediately discontinue use of the Services.
No Assignment
These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Indie-dev's express written consent.
Arbitration and Dispute Resolution
These Terms and all disputes and claims relating to them shall be governed by the laws of England and Wales. You and Indie-dev agree that the exclusive remedy for all disputes shall be final and binding arbitration conducted under the rules of the ICC International Court of Arbitration ("ICA").
You and Indie-dev must commence an arbitration by filing a demand within ONE (1) YEAR after the date the party first knows or should know of the act giving rise to the claim.
Feedback
Indie-dev does not accept unsolicited feedback, suggestions or other information about the Services. If you provide Indie-dev with feedback, you agree that Indie-dev is free to use it for any purpose (without compensation to you), including improving products and services.
General Provisions
These Terms, along with the Privacy Policy, constitute the complete and final agreement between Indie-dev and you with respect to your use of the Services. You agree that your breach of these Terms will cause Indie-dev immediate and irreparable harm.
Indie-dev may make changes to the Services, these Terms, or its Privacy Policy from time to time. All such changes will become effective immediately upon notice and/or posting.
If any provision herein is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions.