Terms of Service
About this document
This is an agreement between Phoenix Game Academy(“Phoenix”) and you (“you”). By using or accessing any Phoenix games or applications (“Service”) you agree to be bound by these Terms of Service(“Terms”).
By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms.
If you violate the Terms, Phoenix reserves the right to suspend any or all accounts you have created using the Service.
You agree that Phoenix may discontinue the Service or change the content of the Service at any time with or without notice to you, and without liability.
Amendments
Phoenix reserves the right to change the Terms from time to time, and you agree to be bound by such modifications. . We encourage you to consult the Terms regularly for changes. Your continued use of the Service after an update has been made will constitute your acceptance to the revised Terms.
Children
Our Services are not targeted at children under the age of 13, and you represent that you are 13 years old or older. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
Intellectual Property
All materials that are part of the Service (including, but not limited to, designs, graphics, video, information, applications, software, music, sound, and their selection and arrangement) are protected by law from unauthorised use.
The entire contents of the Service are copyrighted under the Australian copyright laws and similar laws of other jurisdictions.
You agree that no materials that are part of the Service may be modified, copied, distributed, reproduced, republished, scraped, displayed, posted, or sold in any form, in whole or in part without Phoenix’s prior written permission.
Phoenix remains the owner of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Phoenix.
As long as you comply with these Terms, Phoenix grant you a personal, non-transferable, non-exclusive, revocable limited license to access and use the Service and other Services for your own private and personal use. You agree not to use the Services for anything else. These Terms also apply to any patch or other update which we may release or make available for our the Services.
You acknowledge that except from the license granted to you by these Terms, you will have no ownership or property interest in any of the Services, including no ownership interests to your accounts, to your coins or to your boosters. You are obliged not to copy or distribute our the Services. You are not entitled to make any derivate work from the Services, including any part of the Service, such as characters.
Coins & Boosters
The Service may include virtual coins (in the following referred to as “Coins") and resources that helps you advance in the Service (in the following referred to as “Boosters”). Coins and Booster can be earned as part of the Service. Coins and Boosters can also be purchased in the Service using either Coins or using real money. Coins can never be redeemed for real money, goods, or any other item of monetary value from Phoenix or any other party. You understand that you have no right or title in your in game Coins and Boosters.
Your purchase of Coins or Boosters is final and is not refundable, exchangeable, transferable. You may not purchase, sell, or exchange your Coins and Boosters outside the Service. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action.
Phoenix retains the right to modify, manage, control and/or eliminate Coins and Boosters at its sole discretion. Prices and availability of them are subject to change without notice.
Please notice that different platforms have different terms and conditions that apply to app purchases and in-app purchases on those networks and platforms. Consequently, they treat the purchase of Coins and Boosters differently. You should check with your platform before making a purchase.
Warranty Disclaimer
The Service is provided to be used by you at your sole risk. Phoenix makes no express or implied warranties, conditions or representation whatsoever. The Service may contain bugs, errors, problems, viruses or other limitations. We assume no liability or responsibility for any such bugs, errors, problems or viruses or other limitations.Phoenix is not responsible for any content or information that you may find undesirable. We are under no obligation to maintain or sustain the service and may terminate the Service at any time in our sole discretion.
Limited Liability
In no event will Phoenix or any of its directors, officers, attorneys, employees or agents be liable for any damages arising out of or in anyway connected with the use or inability to use the Service however arising, including through negligence, even if Phoenix has advised of the possibility of such damages.
If, in spite of the above, Phoenix is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, Phoenix’s liability will in no event exceed the total fees you have paid to Phoenix, in the six months prior to the date of the initial claim made against Phoenix. If your jurisdiction does not allow limitations of liability, the foregoing limitation may not apply to you.
Governing Law
This Agreement, the relationship between you and Phoenix and your use of the Service, and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the state of New South Wales of Australia applicable therein, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Phoenix which in any way concern this Agreement or the use of the Service will be brought exclusively in the courts of Sydney, Australia.