TERMS OF SERVICE - LAST UPDATED 28/04/2014

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY ACCESSING THIS GAME YOU ARE AGREEING TO BE BOUND TO THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE GAME. YOU REPRESENT THAT YOU ARE OF A LEGAL AGE TO FORM A BINDING CONTRACT (IF NOT YOU ARE REQUIRED TO CONSULT A PARENT OR LEGAL GAURDIAN).

THESE TERMS ARE UPDATED PERIODICALLY.


This Terms of Service is a legally binding agreement that dictates your use of the websites, applications, games and related services provided by Con Artist Games Pty Ltd (hereinafter “ConArtist” or “We” or “Us”) such as; including but not limited to The Last Stand: Dead Zone or ConArtistGames.com, (individually and collectively known as, the “Service(s)”). Con Artist Games Pty Ltd is located in Melbourne, Victoria, Australia.

By accessing the Service, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in the Services are protected by applicable copyright and trade mark law.



1. Definitions

1.1 “Account”, “User”, “Player” refers to any person or group who has created a profile, account or started use of the Service provided by Con Artist;

1.2 “Fuel” refers to the in-game currency within The Last Stand: Dead Zone;

1.3 “Game” means The Last Stand: Dead Zone - social game created by Con Artist Games Pty Ltd.

1.4 “Service(s)” means any website, application, games and associated supporting web services provided by Con Artist Games Pty Ltd.

1.5 “Content” means any form of text, image or link content contained within or outside of the Service which is initiated or created by the User.

1.4 “Third Parties” means any other user or player using the Service.



2. Agreement

2.1 Subject to your agreement to comply with the following terms, you may use the Service provided by Con Artist soley for your own non-commercial entertainment. You may not use the Service for any other purpose or in connection with any other software outside of that provided by Con Artist.

2.2 The licence granted in section 2.1 permits you use of the game provided that under NO circumstances you carry out or participate in the following:

a) the use of or facilitation of cheats, exploits, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Service or it’s experience;

b) exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose.

c) use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the game or the Service, including without limitation any software that reads areas of RAM used by the Service to store information about a character or the game environment;

d) interference with any security related features of the Service

e) the permanent or temporary, sale or transfer of ownership of an Account

f) transmission of Content which:

1. harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person,
2. includes sexually explicit images or other content which is offensive or harmful to minors,
3. includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person’s race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation,
4. impersonates any person or the appearance or voice of any person,
5. utilizes a false name or identity or a name or identity that you are not entitled or authorized to use,
6. contains any chain letters, pyramid schemes, junk mail, spam or unsolicited messages (commercial or otherwise),
7. contains any unsolicited advertising, promotional materials, or other forms of solicitation,
8. may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right,
9. distributes software or other Content in violation of any license agreement



2.3 Con Artist reserves the right to access, modify and delete your account as we see fit. Users suspected or discovered to be in violation of any of the terms outlined in this agreement can expect to have their accounts suspended, deleted or modified. CON ARTIST MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT, USER OR PLAYER AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Failure to comply with the terms listed in Section 2.2 may result in termination or suspension of your Account as a whole or with the communication aspects of the Account.

2.3.1 If an account is found to be associated (this includes association via the User, hardware or data) to an account that is in violation of the terms outlaid in Section 2.2, Con Artist reserves the right to access, modify and delete the account as we see fit.

2.4 You understand that while at times you may “earn” “trade” or “scavenge” (a) virtual currency, including but not limited to “Fuel”, all for use in the Service; or (b) virtual in-game items (together with virtual currency, “Virtual Items”); You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment or a third party virtual currency like Facebook Credits. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.

Your purchase of Virtual Currency and/or Virtual Goods is final and is not refundable, exchangeable, transferable, except in Con Artist’s sole discretion. You may not purchase, sell, or exchange Virtual Currency or Virtual Goods 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.

Con Artist’s retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice.



2.5 Con Artist and its affiliates reserve the right to refuse service, terminate accounts, remove or edit the Site, Site Content or Service, including games, or cancel any user orders in connection with the Site in their sole discretion. In the event that your account is terminated or cancelled by you or by Con Artist, no refund will be granted and you will no longer have access to the Service. Con Artist reserves the right to terminate the Service or Game with or without notice at any time. No vitrual currency or virtual items acquired or purchased during a User’s time in the Game will be converted to cash or any other form of compensation.



3. Indemnity
You agree to indemnify, defend and hold the Service, Con Artist, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or public Content.

YOU ACKNOWLEDGE THAT CON ARTIST DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE.

CON ARTIST IS NOT RESPONSIBLE FOR CONTENT PROVIDED BY THIRD PARTIES, AND ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF, CONTENT DISTRIBUTED BY THIRD PARTIES THROUGH THE SERVICE.

CON ARTIST DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE BY ANY THIRD PARTY. CON ARTIST WILL NOT BEAR ANY RESPONSIBILITY FOR THE PRODUCTS, SERVICES, CONTENT, OR ACTIONS OF ANY THIRD PARTIES.



4.Disclaimer
The materials on Con Artist’s Services are provided “as is”. Con Artist makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Con Artist does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

5.Limitations
In no event shall Con Artist or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit) arising out of the use or inability to use the materials on Con Artist’s Services, even if Con Artist or a Con Artist authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. General
By visiting or using the Service, you agree that the laws of Australia, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and Con Artist. Any claim or dispute between you and Con Artist that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Australia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Australia. Con Artist reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of Con Artist following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CON ARTIST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.