Fuzzy Hat

Terms of Use

fuzzyhatgames.com and our mobile applications (the Applications) are owned and operated by Fuzzy Hat Pty Ltd (Fuzzy Hat). The Applications contain games, widgets, applications, blogs, user generated content and other products and services owned, operated, licensed or controlled by Fuzzy Hat.

Please read these Terms of Use carefully before creating a user account and/or before accessing or using the Applications. If you are under 18 years of age, you must obtain a parent/guardian's consent prior to creating a user account and before accessing and using the Applications.

Important Notice: these Terms of Use constitute a legally enforceable agreement with Fuzzy Hat. If you do not agree with any of these Terms of Use, you are not permitted to create a user account and/or use the Applications and should immediately exit from it.

By creating a user account and/or accessing and using the Applications you agree that your access and use is governed by these Terms of Use. Your use by creating a user account, accessing, browsing, opening or otherwise using any part of the Applications is evidence of your acceptance of these Terms of Use.

User Account

In order to access and use the Applications online, you are required to maintain a Facebook (and Parse) account. Your use of the Applications is conditional on your acceptance of and compliance with all terms of use imposed by Facebook from time to time.

Modifications

Fuzzy Hat may modify these Terms of Use at any time and such modifications will be effective as soon as they are posted. By continuing to use the Applications after the Terms of Use have been modified, you agree to be bound by the modification. A copy of the current Terms of Use is displayed on the Applications at all times.

Prohibited Conduct

You must not:
     1. use the Applications for any activities or post or transmit to or via the Applications, any information or materials which breach any laws or regulations, infringe a third party's rights, are contrary to any Fuzzy Hat policy, these Terms of Use or are contrary to any relevant standards or codes;
     2. use another's name, username or password without their permission;
     3. tamper with, hinder the operation of, or make unauthorised modifications to the Applications;
     4. knowingly transmit any viruses, worms, defects, Trojan horses or other disabling feature to the Applications;
     5. modify, adapt, translate, or reverse engineer any portion of the Applications;
     6. remove any copyright, trade mark or other proprietary rights notices contained in or on the Applications;
     7. collect any information about other users or members (including usernames and/or email addresses);
     8. reformat or frame any portion of the web pages that are part of the Applications;
     9. create user accounts by automated means or under false or fraudulent pretenses;
     10. use of the Applications or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
     11. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
     12. use the Applications otherwise than in accordance with these Terms of Use; or
     13. attempt any of the above acts or permit another person to do any of the above acts.
     14. without limiting your obligations, you agree that it is an express condition of using our forums and/or posting content to the Applications that you will not:
         1. violate the legal rights of others;
         2. impersonate another person or use a false header or other identifiers in order to disguise the origin of any posting or uploaded content;
         3. offend, defame, threaten, harass, stalk or flame any other user;
         4. publish, post, distribute or disseminate any unlawful material or information, including material or information that infringes another person's intellectual property rights or is defamatory, obscene, indecent, pornographic or otherwise objectionable;
         5. upload or attach files that contain material protected by intellectual property laws unless you own or have all required licences or consents to use such material;
         6. advertise, solicit business, offer to sell any goods or services;
         7. post or send any SPAM, junk mail, chain letters or pyramid schemes; or
         8. conduct any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration).

You acknowledge that all forums, discussion groups and content postings are public and not private communications. Information or postings submitted to the forum or discussion group by users is subject to our review and moderation. We reserve the right to remove without notice or moderate any content in a forum or discussion group or any content posting for any reason. We also reserve the right to terminate, without prior notice, your account access.

Intellectual Property Rights

Unless otherwise stated, Fuzzy Hat owns or has a valid licence to use all copyright in and associated with the content of the Applications and trade marks used on the Applications.

You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Applications and owned or licensed by Fuzzy Hat, except as expressly approved by Fuzzy Hat in writing or as permitted under the Copyright Act 1968 (Cth).

When you contribute postings or any content to the Applications, you grant Fuzzy Hat a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to use, publish, translate, distribute, reproduce and modify anything you submit to this Applications (including emails), in any form, and by any current or future media or technology.

You consent to Fuzzy Hat not attributing your authorship to any of your postings to this Applications.

Limitation of Liability

You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Applications or the Content or material on or accessible through the Applications (including links to third party websites).

Fuzzy Hat may modify, suspend or cease to provide any services or the Website, either temporarily or permanently, from time to time without prior notice to you. You agree that Fuzzy Hat will not be liable to you or any third party for any modification or cessation of a service or the Website.

Except as expressly stated in these terms, Fuzzy Hat will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Applications or the content or material of the Applications (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.

Links to External Sites

Where the Applications includes links to other web sites, Fuzzy Hat does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on these other web sites. These sites are maintained by third parties and are not under the control of Fuzzy Hat. Fuzzy Hat is not responsible for the content of any linked site or any link contained in a linked site. Inclusion of a link on the Fuzzy Hat website does not constitute endorsement of that site.

Indemnity

By entering and using the Applications and any services and competitions offered via the Applications, you indemnify Fuzzy Hat against all claims, demands, proceedings, costs (including legal costs), expenses, damages, awards, judgments, and any other liability whatsoever wholly or partially arising directly or indirectly in connection with your access to or use of the Applications and its information, services, content or materials.

Warranties

Fuzzy Hat provides the Applications on an "as is" basis without any express or implied warranty of any kind.

Due to the internet's inherent risks, Fuzzy Hat cannot and does not guarantee or warrant that the Applications will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties.

As Fuzzy Hat does not control the content posted by third parties on or linked through the Applications, we can not and do not warrant the accuracy, completeness, integrity or quality of such information or content.

Where any legislation such as the Trade Practices Act (1974) (Cth) implies into this agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, the liability of Fuzzy Hat for any breach of the condition or warranty is limited to, at Fuzzy Hat's option either:


     1. the resupply of the services; or
     2. the reasonable cost of having the services resupplied.

Severability

If any part of these Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of these Terms of Use will continue to be valid and enforceable.

Governing Law

This agreement is governed by the laws of the Australian Capital Territory, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of the Australian Capital Territory, Australia.

Information Use

We welcome your feedback regarding our Applications. If you provide feedback or send comments to us, you agree that Fuzzy Hat is permitted to reproduce, transmit, distribute, create derivate works of, and publicly display any information that you submit to us.

Privacy

The Fuzzy Hat Privacy Policy forms part of these Terms of Use.

Contact Us

You can contact Fuzzy Hat at penny@fuzzyhatgames.com

Fuzzy Hat

Fuzzy Hat

All Rights Reserved, Copyright © 2015.
Terms of Use and Privacy Policy.

Email: penny@fuzzyhatgames.com