Terms of Service

Effective August 23, 2019

Last Updated September 9, 2019

Please read these Terms of Service ("Terms", "Terms of Service") and Privacy Policy carefully before using the Fledgling Heroes game (the "Service") operated by Subtle Boom Pty Ltd ("us", "we", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Our Privacy Policy describes how we collect, store, use and share your information. It also provides details on how you can access, update or delete your information. When you use our Services, you acknowledge that our Privacy Policy applies. If you do not want Subtle Boom to collect, store, use or share your information in ways described in our Privacy Policy, you must not use our Service.  

 

Accessing our Service

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18 years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf. 

Additional Guidelines and Terms

You must follow the Subtle Boom Community Guidelines and all other Third-Party Terms that may apply. These additional guidelines and terms apply in addition to the Terms listed below. If you download the Services from another platform, such as operated by Apple or Nintendo, you must comply with that third party’s terms of service/use as well as these terms.

1. Intellectual Property     

  1. The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Subtle Boom Pty Ltd and its licensors. 

  2. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Subtle Boom Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

  3. You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.

  4. You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

  5. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

2. User Content

  1. The Game allows Users to create their own levels, adventures and character styles by selecting and assembling Content available in the Game, and to share those levels, adventures and styles through the Game with other Users. In this Agreement we refer to all of this Content provided by Users as “User Content”.

  2. In order for us to make the User Content you contribute available in the Game for these purposes, and to operate, market and promote the Service, we reserve the right to make use of such User Content in accordance with and subject to this Agreement.

  3. Therefore, by uploading User Content in the Game you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free, worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print publish, republish, reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, and to license or permit others to do so.

3. Moderation

  1. By uploading User Content in the Game, you represent and warrant that (i) the content was created by you, and (ii) the content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, pornographic, abusive, threatening, liable to incite racial hatred, discriminatory or otherwise illegal material.  

  2. You shall not upload any User Content that violates our Community Guidelines.

  3. You agree that User Content you contribute to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights.

  4. Content that Users believe violates these Terms may be reported. Reports may be used to help determine the appropriate action to take.

  5. On becoming aware of any potential violation of these Terms, we reserve the right (but shall have no obligation) to decide whether User Content complies with the content requirements set out in these Terms and may remove such User Content and/or terminate a User’s access for uploading User Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

  6. If you have had your access restricted or User Content moderated, we may notify you through the in-game support messaging system. You may send messages sent back to us in order to dispute the action taken. However, restoring access and/or user content is done at our sole discretion.

4. Indemnification

  1. You agree to defend, indemnify, and hold harmless Subtle Boom Pty Ltd, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these terms of service or arising out of a breach of your obligations, representation and warranties under these terms of service.

  2. This indemnification section survives the expiration of your User Account creation and applies to claims arising both before and after registration ends. 

5. Links to Other Websites

  1. Subtle Boom Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. 

  2. You further acknowledge and agree that Subtle Boom Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

  3. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites.

  4. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

  5. We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.

6. Termination and Suspension of Services

  1. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

  2. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

  3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  4. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

  5. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

7. Limitation of Liability

  1. You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.

  2. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

  3. You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.

  4. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

8. Disclaimer

  1. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

  2. Subtle Boom Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

  3. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

  4. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.

9. Exclusions

  1. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

10. Governing Law 

  1. These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

  2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

11. Changes

  1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

  2. It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

 

Contact us - If you have any questions about these Terms, please contact us.

Definitions

“Community Guidelines” means the rules of conduct that govern your interaction with our Services and other players, which can be found here.

“Services” means our games, products, services, content, Fledgling Heroes.com, and/or other domains or websites operated by SubtleBoom.

“Terms of Service” or “Terms” means these terms of service.

“User Account” means the account created when you access the Services using your platform-specific identifier, such as a Game Center identifier.

“User Content” means all the data that you upload, create or generate on or through the Services. This includes things like level creations and individually stylised characters created using the game.

© Subtle Boom 2019