MAJOR FRANK PTY LIMITED END-USER LICENSE AGREEMENT (“EULA”)
PLEASE READ THIS EULA CAREFULLY BEFORE USING THE GAME, AS IT EXPLAINS HOW YOU ARE LICENSED TO USE THE GAME (AND ANY IN-APP PURCHASES). IF YOU HAVE QUERIES
CONCERNING THIS EULA YOU MAY CONTACT US HERE: email@example.com.
THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE GAME (AND ANY IN-APP PURCHASES), AND THE USE OF OUR WEBSITE ARE ALSO SUBJECT TO OUR PRIVACY AND COOKIE
POLICY LOCATED AT HTTP://WWW.LIFTYGAME.COM/PRIVACY
USER CONTENT GUIDELINES
- This game and any accompanying online or electronic documentation
(together the “Game”) have been produced by and are the property of Major Frank Pty Ltd (“Major Frank”). Major Frank is referred to as “us”, “we”,
and “our” in this EULA. Our office is at 201/15 Barangaroo Avenue, Sydney NSW 2000, Australia. We are a company registered in Australia, with
Australian company number 624 013 734.
- THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN YOU (“you”)
AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE GAME (AND ANY
IN-APP PURCHASES) SO PLEASE READ THIS CAREFULLY.
- BY DOWNLOADING AND USING THE GAME YOU ARE AGREEING TO BE BOUND BY AND
BECOME A PARTY TO THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
EULA YOU SHOULD NOT PURCHASE, DOWNLOAD OR USE THE GAME.
- IMPORTANT TERMS
- ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE GAME EXCEPT IN ACCORDANCE
WITH THIS EULA IS EXPRESSLY PROHIBITED.
- THIS EULA LIMITS OUR LIABILITY AS SET OUT IN CLAUSE 14 BELOW.
- IF YOU ARE UNDER THE AGE OF 18 YOU MUST GET YOUR PARENT OR GUARDIAN’S
PERMISSION TO DOWNLOAD, INSTALL AND USE THE GAME.
- APP DEVELOPER TERMS
The following terms of this clause 3 are the terms which we are required
by Apple to notify you of and obtain your consent in respect of using the Game
and they apply to you if you download the Game from Apple’s iTunes App Store.
- You and we acknowledge that this EULA is concluded between you and us
only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple
Inc, (“Apple”). You also acknowledge that we are solely responsible for the
Game and the content thereof.
- Usage Rules
If you are using the Game on iOS you must comply with the Usage Rules set
forth in the iTunes App Store Terms and Conditions which you can find online
- Maintenance and support
We are solely responsible for providing support and maintenance for the
Game, insofar as such maintenance and support are expressly specified in this
EULA. You and we acknowledge that Apple has no obligation whatsoever to furnish
any maintenance and support services with respect to the Game.
You acknowledge that we, and not Apple, are responsible for addressing any
claims you may have relating to the Game or your possession and/or use of the
Game, including but not limited to: (i) product liability claims; (ii) any
claim that the Game fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar
Intellectual Property Rights
You acknowledge that in the event of a third party claim where it is
alleged that the Game or your possession and use of the Game infringes that
third party’s intellectual property rights, then we shall be solely responsible
for the investigation, defence, settlement and discharge of any such
intellectual property right infringement claim, and not Apple.
You represent and warrant that (i) you are not located in a country that
is subject to a US Government embargo, or that has been designated by the US
Government as a “terrorist supporting” country; and (ii) you are not listed on
any US Government list of prohibited or restricted parties.
- Third Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third
party beneficiaries of this EULA, and that when you accept the terms and
conditions of this EULA, Apple will have the right (and will be deemed to have
accepted the right) to enforce this EULA against you as a third party
- THIRD PARTY SERVICES
- We may link to, incorporate or use third party software and services
such as social networking or sharing features supplied by Facebook, Apple,
YouTube, Twitter or Google within the Game. Use of any such software or
services is subject to the terms of those third parties, and you agree to
comply with any such third party terms and conditions when using the
- YOUR USE OF THE GAME
- By downloading and installing the Game, you confirm that you are either
over 18 years of age, or if you are under 18 years old, that you are 13
years of age and older and you have obtained your parent or guardian’s
consent to download, install and use the Game subject to this EULA which
they have read.
- Use of any online service, including those referred to in clause 4,
which may be accessed using the Game is subject to the terms and conditions
applicable to such online service.
- OWNERSHIP OF THE GAME AND CONTENT
- All right, title, interest and ownership rights and any copyright,
design right, database right, patents and any rights to inventions,
know-how, trade and business names, trade secrets and trade marks (whether
registered or unregistered) and any applications therefor and other
intellectual property rights (together “Intellectual Property Rights”) in
the Game and the Game content, (except the User Content (as set out in
Clause 9 below)) including but not limited to all musical samples, text,
software, scripts, code, designs, graphics, photos, sounds, music, videos,
applications, interactive features and all other content ("Content") belong
to us and/or our licensors. All rights are asserted and reserved, save for
those granted under this EULA. The Game or Content may contain licensed
materials and our licensors may act to protect their interests in the event
of any breach of this EULA.
- You are not sold the Game or any Content but, subject to your compliance
with all conditions of this EULA, we grant you a non-exclusive, personal,
revocable, non-transferable licence to use the Game and Content for your
lifetime on devices which you own or control and which have the necessary
specifications to run and operate the Game.
- CONSUMER CANCELLATION RIGHTS
- You are entitled to cancel your purchase of the Game or any purchases of
digital content you make through the Game within 14 days for any reason, and
to receive a full refund. However, if we begin to supply you with the Game
or any other digital content before the end of that period, and you have
given consent to our doing so, and acknowledge that you will lose the right
to cancel your purchase, then you will no longer be entitled to cancel.
- To cancel a purchase in accordance with clause 7.1 you can contact us by
sending an email to firstname.lastname@example.org using the model cancellation form
|To: Major Frank Pty Limited, 201/15 Barangaroo Avenue, Sydney NSW
|I hereby give notice that I withdraw from my contract for the following
purchase: [INSERT ORDER ID, ITEM], ordered on [INSERT DATE].
|From: [YOUR NAME] [YOUR ADDRESS] [YOUR EMAIL / TELEPHONE
- LINKS TO WEBSITES
- Where we make available links to other websites or apps in the Game,
such links are provided for your information and convenience only. We are
not responsible for the content or performance of the linked website or app,
and you are responsible for reviewing the linked website’s or app’s terms of
- USER CONTENT
- Where features of the Game allow you or other users to submit data,
messages, audio, video, textual or other content such as map designs through
the Game (“User Content”) then:
- you grant us a sub-licensable, perpetual, irrevocable, non-exclusive
licence to use and make available any User Content which you submit,
worldwide in connection with the Game;
- you agree to comply with our User Content Guidelines as set out in
- you agree that we have no responsibility to review any User Content,
all of which is made available on the basis that we shall not be required
to exercise any control or judgement of the content or the material posted
or contained therein;
- you acknowledge and accept that the views expressed in any User
Content are the views of the individual authors and not ours, and we are
not responsible for and disclaim all liability in respect of the accuracy,
currency or validity of any User Content or any loss or damage caused as a
result of any use of the User Content;
- you acknowledge and agree that User Content which you submit may
remain available through the Game even after you have deleted or
discontinued using it.
- If you share maps, mods, plugins or tools for people to use with their own
copy of the Game, or videos or screenshots of your gameplay, make sure you
created them yourself and that it’s clear they are not official.
- SYSTEM REQUIREMENTS
- This Game has been developed to work on the latest version of iOS or
Android at the time of its release. Apple, Google and/or other Android
vendors may from time to time update their software, and we will endeavour,
but will not be obligated, to update the Game if necessary to ensure that
its functionality and performance continue with any updated release. It is
your obligation to ensure that you are using the latest public release of
any mobile operating system at the time of the Game’s release.
- INDEMNITY / COMPENSATION
- You agree to indemnify (compensate) us and keep us indemnified from and
against all claims, damages, expenses, costs and liabilities (including
legal fees) relating to or arising from your use of the Game or arising from
any breach or suspected breach of this EULA by you or your violation of any
law or the rights of any third party.
- You further agree that we would be irreparably damaged if the terms of
this EULA were not specifically enforced, and therefore you agree that we
shall be entitled, without bond, other security, or proof of damages, to
appropriate equitable remedies with respect to breaches of this EULA, in
addition to such other remedies as we might otherwise have available under
- Our licensors shall be third party beneficiaries under this EULA and
shall have the express right to enforce its provisions and to enjoy the
benefits of its protections.
- TERM AND TERMINATION
- This EULA takes effect upon your download, installation and/or use of
the Game and remains effective until terminated by either of us. You may
terminate this EULA at any time by deleting all copies of the Game from
devices on which you have installed it. The EULA shall automatically
terminate if you fail to comply with any term or condition of this EULA.
Upon termination you shall cease all use of the Game and delete all copies
of the Game.
- The following clauses of the EULA shall survive termination: Clause 6
(Ownership), Clause 9 (User Content), Clause 11 (Indemnity/Compensation),
Clause 12 (Term and Termination), Clause 14 (Limitation of Liability) and
Clauses 17-22 (General Provisions).
- SUPPORT AND CONTACTING US
- The Game is provided “as is”. However if you need any help and support
please email email@example.com and we shall
endeavour to assist you.
- OUR LIMITATIONS OF LIABILITY
- THE GAME IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WITHOUT ANY
REPRESENTATION, ENDORSEMENT OR WARRANTY OF ANY KIND OTHER THAN THAT IT WILL
BE OF SATISFACTORY QUALITY, AS DESCRIBED, AND FIT FOR PURPOSE.
- WE DO NOT GUARANTEE THAT THE GAME WILL BE (I) FREE OF ERRORS, VIRUSES OR
BUGS OR OTHER DEFECTS; OR (II) THAT THE GAME OR ANY INFORMATION DISPLAYED OR
DISTRIBUTED THROUGH THE GAME OR IN THE ACCOMPANYING DOCUMENTATION WILL BE
ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE GAME WILL BE
CORRECTED; OR (IV) THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED.
- YOU ACKNOWLEDGE THAT USE OF THE GAME OR RELIANCE ON ANY SUCH INFORMATION
SHALL BE AT YOUR SOLE RISK.
- NOTHING IN THIS EULA SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT
MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR
NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.
- TO THE FULLEST EXTENT PERMISSABLE BY LAW, INCLUDING IN YOUR LOCAL
JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE,
INCLUDING ANY LIABILTY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.
- NOTHING IN THIS EULA SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS.
- OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENT WE CAN NOT EXCLUDE IT,
WHERE PERMISSABLE BY LAW, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE GAME
OR ANY IN-APP PURCHASES MADE FROM US BY YOU IN THE 12 MONTHS IMMEDIATELY
PRECEDING THE DATE UPON WHICH THE CAUSE OF ACTION AROSE.
- IN THE EVENT THAT APPLE REFUNDS YOU IN ACCORDANCE WITH THE ITUNES TERMS
OF SALE, THEN BOTH APPLE AND WE WILL HAVE NO FURTHER OBLIGATION TO YOU
WHATSOEVER WITH RESPECT TO THE GAME, AND ANY OTHER CLAIMS, LOSSES,
LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO
CONFORM WITH THE FOREGOING WARRANTIES. AS A CONDITION OF THE REFUND, YOU ARE
REQUIRED TO DELETE THE GAME.
- You may only use the Game for your personal, private and non-commercial
use, and must not:
- sell, distribute, reproduce, transfer, publically display, translate,
modify, adapt, create derivative works from, deconstruct, reverse
engineer, decompile or disassemble, rent, lease, loan, sub-license or
otherwise deal in copies or reproductions of the Game or Content in any
way except as expressly permitted by this EULA;
- remove, delete, obscure, disable, modify, add to or tamper with any
program code or data, copyright, trade mark or other proprietary notices
and legends contained on or in the Game or the Content;
- create software which replicates or mimics any data or functionality
in the Game;
- remove, disable or circumvent any copy protection software contained
on or within the Game or Content;
- use the Game or Content for any illegal or immoral purposes;
- Notwithstanding clause 16.1 you may reverse engineer, decompile or
disassemble the Game only insofar as you are entitled to do so by the
Copyright, Designs and Patents Act 1988 or other applicable law.
- All works or copies of works arising from activities permitted by clause
15.2 shall belong to, vest in and be the exclusive property of us upon
creation, and you shall permanently delete all such works in your possession
or control immediately once you have concluded those activities.
HEALTH AND SAFETY PRECAUTIONS
- The Game or Content may contain flashing lights, realistic images and
PLEASE READ THIS NOTICE BEFORE YOU OR YOUR CHILD USE THE SERVICE Some
people experience side effects such as motion sickness, epileptic seizures,
momentary loss of consciousness, dizziness, motion sickness or nausea when
viewing certain types of flashing light or pattern including when playing video
games. This may happen where a person has not previously suffered in this way
and have no known symptoms or history of such side effects. If you or anyone
considering using the Game suffers or has suffered in this way, has a condition
which makes this possible or has experienced similar symptoms, please consult a
doctor before using the Game. If you or they are already using the Game please
stop and consult a doctor. If you or any part of you feels tired, fatigue or
discomfort whilst using the Game please stop and rest. If it continues after
you stop playing please consult a doctor. If you have suffered or suffer from
an injury playing games can aggravate it. In that case please consult a doctor.
Failure to follow this advice may result in long term injury.
- PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SERVICE:
Please do not:
- sit or stand too close to the screen / monitor but sit or stand a safe
- use the Game if you are sick, sleepy, or feel tired, fatigue or
- play in a room that is not well-lit;
- play for too long at any one time. Please take a 10- to 15-minute break
- Notice to parents and carers:
Please observe children whilst they play games. Please ensure that you and
they follow the precautions described above. If you or they experience
dizziness, altered vision, eye or muscle twitching, involuntary movements, loss
of awareness, disorientation, or convulsions or any other side effects PLEASE
STOP ALL USE IMMEDIATELY and consult a doctor.
- ENTIRE AGREEMENT
- This EULA sets out the complete understanding and agreement between us
and you and may only be amended or waived in writing by us.
- NO WAIVER
- No waiver by us of any failure by you to comply with or perform a
provision of this EULA shall constitute a waiver of any preceding or
- This EULA is personal to you. You may not assign, sub-license, transfer
or dispose of your rights or obligations under this agreement.
- CHANGES TO THIS EULA
- We may change this EULA for any legal, regulatory or security reasons,
or for any other reason we decide. We will notify you of any changes and you
will be required to accept the changes to continue to use the Game.
- If any provisions of this EULA are held to be invalid or unenforceable,
the remaining provisions will remain in full force and effect.
- GOVERNING LAW AND JURISDICTION
- Subject to your local consumer laws, in the event of any dispute between
you and us regarding this EULA and/or your use of the Game, the laws of
England and Wales will apply. You agree that in the event that we are unable
to settle any dispute with you informally, then any court or arbitration
proceedings shall be held in England only.
- You agree and undertake that you will not post, communicate, transmit or
make available to or through the Game any User Content, statement, material,
communication or other content which:
- is unlawful or which gives rise to civil or criminal liability;
- infringes the intellectual property rights of any third party;
- is technically harmful such as computer viruses, worms, logic bombs or
other malicious software or harmful data;
- is abusive, seditious, sexist, pornographic, homophobic, defamatory,
libellous, discriminatory, obscene or racist;
- harasses any person;
- may be deemed a marketing or commercial communication or promotes the
products or services of any person;
- contains any restricted material, including but not limited to
passwords, medical information or confidential information of any person;
- solicits, promotes, invites, encourages, advocates, incites or
provokes any or all of the foregoing.
- You further agree that in any activity you undertake during or in
relation to the Game you will not in any way conduct yourself in a manner
which is unlawful or which gives rise to civil or criminal liability or
which might call us or the Game into disrepute.
- You authorise us to remove, restrict, suspend or alter any of your User
Content for any reason, in our sole and absolute discretion, including but
not limited to User Content which conflicts with the terms of these User
Content Guidelines or is otherwise inconsistent with this EULA.
- If you discover User Content which you believe contravenes this EULA or
is otherwise objectionable please notify us at firstname.lastname@example.org.