25 November 2018
The following sets forth the agreement (this “Agreement”) between you and Ironhide Pty Ltd under which you may use Ironhide’s websites at https://ragingback.comand https://ironhide.one(the “Website”) including, without limitation, images, any part or all of any, information, graphics, visual interfaces, computer code, design, software, compilation, products and Ironhide’s mobile applications, game, social networks (the “App”) and content, contests, features (collectively “Additional Features”) and all other material and elements that are provided in connection with the Ironhide service (the Website, App, Additional Features shall hereinafter sometimes be collectively referred to as the “Service”).
Prior to downloading the Ironhide App or using the Service, you acknowledge that you have read and understood, without modification the terms of this agreement. You are only authorised to use the Service if you agree comply with all applicable laws and this agreement. If you do not agree to these terms, please do not use the Ironhide Service.
By using the Ironhide Service, you represent and warrant that:
· you agree to comply with this Agreement
· you have the right, capacity and authority to enter into this agreement and to abide by all the conditions and terms in this Agreement
· your use of the Ironhide Service does not violate any applicable law or regulation
From time to time, we may modify this Agreement. Any modifications of this Agreement shall be effective upon posting on the Service. After any such modification is posted, your continued use of the Service will constitute acceptance to any such modification. It is therefore essential that you regularly review this Agreement to ensure you are updated of any changes. If you do not agree with the modifications, please discontinue use of the Ironhide Service.
I. ELIGIBILTY You must be an individual at least 18 years old to use the Ironhide Service. If you are not at least 18, you must be at least 13 years old and may only use the Ironhide Service while under parental or guardian supervision. Before you use the Ironhide Service, your parent or guardian must read and agree to this Agreement. Please do not download or use the Ironhide Service if you do not satisfy the above criteria.
You must have an account with an Application Provider (such as a Google Play or an Apple iTunes account) in order to download our App. Such Application Providers require a valid credit card in order to download and participate. Consequently, we assume all users of the App are at least 18 years of age or are 13 years of age and using the Ironhide Services with the permission or under supervision of their parent or guardian. It is mandatory your parent or guardian review and agree to these terms and conditions before you access and/or use the Ironhide Service.
Please email Ironhide at email@example.com if you are aware your child under the age of 13, has accessed or downloaded Ironhide Services under your account or a fraudulent account.
Ironhide or our third-party advertisers or analysts, may collect certain identifiers such as geolocation data and device IDs during gameplay. Ironhide or our third-party advertisers or analysts, may then use such information for internal purposes such as protecting against theft or fraud, serving advertisements, user authentication, maintaining user preferences and improving the Service.
You may not use or access the Ironhide Service if we have closed your account or banned you from the Ironhide Service or are a competitor of ours.
II. GENERAL USE OF THE APP As long as you fully comply with the terms and conditions of this Agreement, and upon downloading the App, we grant to you a personal, limited, non-exclusive, non-sublicensable and non-transferable license to use the App solely as set in this Agreement.
III. GENERAL USE OF THE IRONHIDE SERVICE Ironhide grants you permission to use our Service subject to the restrictions in this Agreement. The Service and some reference sites may contain Ironhide’s Content (within this Agreement, “Content” shall include, but is not limited to, files, images, photos, texts, geolocation data, audio, works of authorship or any other forms of communication or data).
Ironhide owns and or licenses such Content which are protected by trademark, copyright, trade secret and other laws. Ironhide hereby grants you a revocable, limited, non-sublicensable license to display and reproduce Ironhide’s Content solely for your personal use in using the Ironhide Service.
Except as expressly authorised by Ironhide, you may not sell, publish, translate, modify, publish, broadcast, distribute, transmit or perform display any content appearing on the Ironhide Service. You may not use any automated means to collect or access Ironhide’s information from our Service. Without liability or notice, the Ironhide Service may be at any time updated, interrupted, suspended, modified or discontinued.
IV. RESTRICTIONS Except as expressly provided in this agreement or authorized by Ironhide, you agree to the following restrictions. You may not:
· share, distribute, sell, sublicense, resell, rent, lease, or lend any portion of the Ironhide Service.
· make excessive traffic demands of the Ironhide Service or take any action that may impose a disproportionate or an unreasonably large load on Ironhide’s technology infrastructure.
· disassemble, reverse engineer, reverse compile, or attempt to discover the source code of any portion of the Ironhide Service.
· modify, copy, use, reproduce, translate, publicly perform or display, publish, transmit, edit, adapt or transfer the right to use the Ironhide Service.
· upload, e-mail, send, post or transmit any material that contains viruses or any other malicious files, computer code or programs designed to destroy, interrupt, modify, usurp or limit the functionality of the Service or any devices or equipment, computer hardware or software, associated with the Ironhide Service.
· reproduce, modify, adapt, appropriate, sell, trade, translate, distribute, create adaptations or derivative works of, publicly display or in any way exploit the Ironhide Content or Service
· interfere with the networks, servers, equipment or devices used in connection with or connected to the Ironhide Service or violate any of the policies, regulations or procedures of such networks or of any service providers associated with the Ironhide Service.
· use any internet search or retrieval application, spiders, robot or other automated device or process to retrieve, access, index or scrape any portion of the Ironhide Content or Service
You agree, you shall only use the Ironhide Service in a manner that complies with all applicable laws in the jurisdiction in which you use the Ironhide Service.
V. USER CONDUCT You agree to use the Ironhide Services only for lawful purposes, Specific prohibited activities include but are not limited to:
· using misleading, unfair or deceptive content to draw traffic to another profile
· patent infringement, trademark infringement, theft of trade secrets and violating the intellectual property rights of others
· criminal or unlawful activity, including fraud, harassing, stalking, spimming, spamming, gambling, trafficking in obscene material, drug dealing, sending of harmful files or viruses
· using photos or pictures that are pornographic or sexually explicit
· attempting to disable, interfere or circumvent Ironhide Service’s security features
· promoting tortious or illegal activities that is threatening, obscene, libellous, defamatory or abusive
· using another account holder’s username, account or password
· allowing any third-party to access your account or disclosing your password to any third-party
· using information from the Service to abuse, harm or harass another person
· attempting to impersonate another person or user
· using exploits, cheats, bots, hacks, automation software mods or any unauthorised software to interfere or modify with the Service.
· soliciting personal information from anyone under the age of 18
· using any software that mines, collects or intercepts information about other users
Data, Information, software, images, tags, sound or other materials transmitted, uploaded or made available by you via the Ironhide Service (“User Content”). User Content whether privately sent or publicly posted is the sole responsibility of the person that sent it. Consequently, you are entirely responsible for all your User Content and not Ironhide.
VI. INTELLECTUAL PROPERTY You have no right and must not exploit Ironhide’s intellectual property except as specifically stated in this Agreement. Including and without limitation, Ironhide retains ownership of all intellectual property rights, patents, copyrights, trademarks, trade secrets and any other service marks in and relating to the Ironhide Service (collectively the “Ironhide IP”).
You must not:
· encourage, authorize or assist others to, attempt to disassemble, modify, decompile, reverse engineer or create derivative works based on the Ironhide IP
· lease, rent, distribute, sublicense, transfer, timeshare, reproduce, copy, display, modify or download the Ironhide IP or any portion thereof
· use Ironhide IP as a base or component for services or products prepared for lease, commercial sale, access, sublicense or distribution
VII. INFORMATION RECIEVED The Ironhide Service may provide and store data to Ironhide about your interaction with the Ironhide Service, location and including without limitation, data related to content accessed and gameplay while using the Ironhide Service.
VIII. VIRTUAL GOODS Our Apps may include virtual currencies such as “bananas”, “gold”, “prestige” or “coins” and other virtual items (“Virtual Goods”), some of which may be purchased for real money or “earned”. Please be advised, in order to purchase Virtual Goods with real money, you must be at least 18 years old. The sales of all Virtual Items are final. No refunds will be given except in our absolute and sole discretion. Your account and any related items are owned by Ironhide. While we offer the Ironhide Service, Ironhide provides you a limited license to use your account and the related items.
We are not responsible for the services, content or goods provided by such third parties. We are not responsible to you in relation to any harm or loss caused by such third parties. You are responsible for any charges you incur in relation to those third parties.
X. ADVERTISING AND THIRD PARTY OFFERS While using of the Ironhide Service, we may display certain third-party advertising based on your use of the Ironhide Service or on your location. In addition, the Ironhide Service may contain links to advertisements, third party web sites, or programs that are not affiliated with or controlled by Ironhide. Ironhide is not responsible for the privacy policies, offers or content, offers of third-party programs, advertising and sites. You are solely responsible for your dealings between you and the applicable third party.
XI. NO WARRANTIES; LIABILITY; DISCLAIMERS The Ironhide App and Service is provided on an “AS IS” and “AS AVAILABLE” basis.
To the fullest extent permitted by law, Ironhide and our licensors, agents, affiliates, users, suppliers and merchants:
· shall not be liable for any injuries, lost profits or any special, direct, indirect, incidental or consequential damages (including negligence) in connection with or arising out your use of the Ironhide App or Service, or in any way related to this agreement.
· either expressed or implied, statutory or otherwise, disclaim all warranties, including but not limited to the non-infringement of third parties’ rights, the implied warranties of merchantability or fitness for particular purpose, in association with the Ironhide service and or app.
You acknowledge that in no circumstances, regardless of the cause of action, shall Ironhide or its employees, affiliates, users, licensors, merchants or suppliers, have any liability for the injuries, damages or losses incurred by reason of any services or product sold or received by you or provided to you by any third parties or through any links provided by the Ironhide Service or advertised on the Ironhide service.
You release and waive Ironhide and its affiliates, agents, users, licensors, merchants and suppliers from any injury, liabilities, claims or damages in relation to or arising from any omission or act of any third party in connection with such services or products.
Your use of the Ironhide Service is at your own risk and discretion. Ironhide disclaims all liability for any damages of losses arising out of your use of the Ironhide Service. You are solely responsible for any loss of data or damage to your computer system that results from your attempt to download any content or material from the Ironhide Service.
You agree that you shall not hold Ironhide liable for damages, claims or demands of any kind or nature connected with or arising out of a dispute with any other user of Ironhide.
Some of the above exclusions and limitations may not apply to you, as some jurisdictions do not allow the exclusion or limitation of liability for personal injury or consequential or incidental damages. In such an event, to the maximum extent permitted under applicable law, the entire liability of Ironhide and its agents, affiliates, users, licensors, merchants and suppliers for any damages whatsoever, whether arising under contract, tort or otherwise, arising related to or under this agreement, the Ironhide Service or the use thereof, shall be limited to AUD$100. Even if the above stated remedy fails of its essential purpose, you acknowledge that the limitations in this section will apply.
XII. INDEMNIFICATION; RELEASE; HOLD HARMLESS You agree to indemnify, release, hold harmless and defend Ironhide, its directors, officers, stockholders, affiliates, agents and Ironhide’s suppliers, users, licensors, partners, and their respective directors, officers, stockholders, affiliates and agents from any claims, damages, losses or liabilities, including lawyer’s fees, arising out of the:
· violation of the rights of any other person or entity arising out of or related to the Ironhide service by you or any third-party using your account
· breach of any of this Agreement by you or any third-party using your account
· misuse or use of the Ironhide Service by you or any third-party using your account
· infringement of any intellectual property or the right of any entity or person by you or any third-party using your account
· violation of any applicable law arising out of or related to the Ironhide service by you or any third-party using your account
At your expense, Ironhide reserves the right, to assume the exclusive defence and control of any matter for which you are required to indemnify us. You further agree to cooperate with our defence of these claims. In addition, you agree not to settle any matter without the prior written consent of Ironhide.
XIII. GOVERNING LAW; LAWYER’S FEES This Agreement will be deemed to have been made in the state of Victoria, Australia. The provisions and conditions of this Agreement will be interpreted in accordance with and governed by the laws of Victoria, Australia without regard to conflict of laws principles thereof.
You and Ironhide agree that the exclusive venue for any dispute relating to this agreement is Melbourne, Victoria, Australia. You and Ironhide consent to the personal jurisdiction of these courts. The prevailing party in any legal action, arising out of this Agreement brought by one party against the other shall be entitled, in addition to any other remedies and rights it may have, to reimbursement for its expenses, including reasonable lawyer’s fees and court costs.
XIV. INTERNATIONAL Please note, any use of the Ironhide Service or App may not be lawful by certain persons or in certain countries. Ironhide makes no claims that any portion of the Ironhide Service or App may be lawfully accessed, downloaded or used outside of Australia. If you access the Ironhide Service or App from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
You agree to abide by all regulations and export restrictions of the Department of Foreign Affairs and Trade or other agency of the Australian Government. You agree not to transfer or export any portion of the Ironhide Service or App indirectly or directly, to a prohibited country.
XV. SEVERABILITY The provisions of this Agreement are intended to be severable. If any provision of this Agreement shall be for any reason unenforceable, void or unlawful, then that provision shall be deemed severable from this Agreement. It shall not affect the enforceability and validity of any remaining provisions. In addition, the parties agree to replace such unenforceable or void provision of this Agreement with an enforceable and valid provision which will, to the fullest extent possible achieve the business, economic and purposes of the unenforceable or void provision.
XVI. OTHER Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to enforce or exercise any provision or right of this Agreement shall not operate as a waiver of such provision or right. A waiver of any breach of any provision or right of this Agreement shall not be taken as a continuing waiver of further breaches of the same or other provisions of this Agreement.
To access and or use our App or Service, you must have a mobile handset and or internet access that meets the requirements of the Application Provider. Ironhide is not an internet service provider and any payment of charges in connection with the use of Ironhide Service imposed by your wireless or applicable carrier is your sole responsibility. XVII. ASSIGNMENT
You may not transfer or assign this Agreement. We may assign our interest in this Agreement. We may also delegate or assign our rights and responsibilities under this Agreement to other third parties or independent contractors.
XVIII. RIGHT TO TERMINATE This Agreement shall begin on the date you first use the Ironhide Service. This Agreement shall continue until the date you cease all use and close your user account on the Ironhide Service.
Ironhide reserves the right at our sole discretion and at any time to terminate your use of the Ironhide Service. In the event of any termination, you should not place any reliance on your ability to continue to use the Service. Ironhide may immediately restrict your access to the Service and you must cease all use of the Ironhide Service.
All provisions and rights that are reasonably intended to survive beyond cessation of this Agreement, including without limitation all provisions related to disputes, liabilities and limitations, your licence of posted content, warranties, representations, claims for payment due to Ironhide and indemnifications, shall survive any cessation or expiration of this Agreement.
XIX. THIRD-PARTY APPLICATION PROVIDERS If you are using the Ironhide Service with a mobile device and an application downloaded from or accessed through any distribution platform or an application provider (such as Google Play, Apple App Store or Facebook), you agree and acknowledge that:
· the Application provider has no obligation to provide any support services or maintenance with respect to the application
· Ironhide is solely responsible for the Application
The Application Provider is not responsible for attending to any claims by any third party or you relating to your use of the application or the application itself, including, but not limited to:
· claims arising under consumer protection or similar legislation
· any claim that the application fails to conform to any applicable regulatory or legal requirement
· product liability claims
When using the Application, you must also comply with all applicable third-party terms of service.
XX. FEEDBACK You may at your discretion voluntarily elect to send us any suggestions, ideas, proposals or documents (“Feedback”) related to the Ironhide Service.
By sending us Feedback, you agree that:
· we may have something like the Feedback already under development or consideration
· we are under no obligation of confidentiality, implied or expressed, with respect to the Feedback
· your Feedback does not contain the proprietary or confidential information of third parties
· you grant us an irrevocable, royalty-free, non-exclusive, perpetual, worldwide license to use, publish, modify, sublicense and distribute the Feedback.
XXI. TECHNICAL SUPPORT Ironhide has no obligation to furnish you with technical support unless separately agreed in writing between you and Ironhide. Ironhide will however attempt to help you with any problems that you may have with the Services. Please email us at firstname.lastname@example.org to reach our support team.
XXIII. CONTACT INFORMATION Ironhide Pty Ltd
Level 23 40 City Road, Southbank, Victoria 3006 Australia
The following are trademarks or registered trademarks of Ironhide Pty Ltd: The word “Ragingback”, the logo Ragingback and the character Ragingback.
© Ironhide Pty Ltd