TERMS OF SERVICE – BONZA
The following Terms of Service govern your use of Our Games and the content found within it:
This is the official terms of service for the games “Bonza World Puzzle (iOS)”, “Bonza Word Puzzle (Android)”, “Bonza Planet (iOS)”, “Bonza Planet (Android)”, “Bonza Phrases (iOS)”, “Bonza Phrases (Android)”, “Bonza Jigsaw (iOS)”, “Bonza Jigsaw (Android)”, collectively referred to as “Games” (which term also includes the website: https://www.bonzapuzzles.com) controlled and owned by Minimega Pty Ltd (Australian Business Number: 97 152 021 773) (defined here as ‘We’, ‘Us’ or ‘Our’), By using or otherwise accessing Our Games, you acknowledge that you are at least thirteen (13) years of age, have read this Agreement, and that you agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this agreement, promptly exit this page and do not use Our Games or any of the content contained within it.
We grant you a worldwide, non-exclusive, royalty-free, revocable license to access and use our Games exclusively for the purposes of viewing, playing and interacting with the content within them. You acknowledge that the Games and the content within it are to be used solely by you for entertainment and educational purposes, and for no other purposes.
We do not grant you any other rights whatsoever in relation to the Games or the content within them. All rights are expressly reserved by Us.
This License (as listed at Clause 2 above) will exist for as long as you lawfully continue to use the Games. However, this license will terminate automatically without notice from Us if you fail to comply with any of these terms and conditions. Upon termination you must immediately cease using our Games and any content within them. Clauses 5, 6, 7 and 8 below will survive and continue in force even after any termination.
The Games and all content within it are protected by Australian and international copyright law and is licensed, owned or controlled by Us. Unless otherwise indicated, all rights (including copyright) in the Games and any content found anywhere within them (including but not limited to code, art, scripts, design elements and interactive features), are owned and controlled by Us. All trademarks, service marks and trade names (registered or otherwise) are owned, registered and/or licensed by Owner.
Our Games enable end-users to create, generate, design, upload and submit content, which includes but is not limited to, word puzzles and other forms of puzzles (“UGC”). To any extent that you have any right, title or interest in the UGC, you here by irrevocably and unconditionally assign to the Us, in consideration for one dollar ($1.00) acknowledged by you as paid, by means of a present assignment of future and present copyright, in all right, title and interest in the UGC (including but not limited to all rights in any literary works, code, designs (Whether registered or unregistered), audio, sounds, illustrations and artworks) (“Intellectual Property”) created within Our Games. For the avoidance of doubt, We are free to use the Intellectual Property without any restriction whatsoever, in all media and in any territory, and you acknowledge and agree that this is reasonable.
Our Games may allow you to submit and upload content, including but not limited to, images, artwork and illustrations to Us (“Images”). By agreeing to these Terms of Service, you grant to Us a non-exclusive, worldwide, royalty-free, irrevocable licence to use, display, exhibit, broadcast, adapt, modify and incorporate the Images in Our Games, in perpetuity.
In relation to any UGC and Images created, designed and/or submitted by you in Our Games, you unconditionally and irrevocably waive any and all moral rights throughout the world, in perpetuity, for the benefit of Us, Our licensees and assignees. To the extent the foregoing waiver is not enforceable in any territory or jurisdiction, you unconditionally and irrevocably consent to any acts or omissions that may otherwise infringe your moral rights (if any) in the UGC, in such territory and in perpetuity, including without limitation any material alterations to the UGC.
You warrant that all UGC and Images whether created and/or submitted by you in Our Games, including any Intellectual Property, shall be original and that you are authorised to use such materials, and use of such materials by Us will not infringe the right, title or interest of any third-party or give rise to any claim, suit, action or proceeding. You further warrant that you will not upload or submit any Images in Our Games containing any persons under the age of thirteen (13).
Your use of Our Games is subject to all applicable local, state, national laws and regulations. By accessing and using Our Game or any of its contents and functions, you agree to be bound by those laws. In addition, you agree that you must not:
We may take any actions and impose any penalties we deem necessary, including but not limited to terminating this agreement with you, to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning.
Our Games may include in-app purchases, including subscriptions / memberships, which are available to be purchased inside Our Games. All payments associated with in-app purchases (including subscriptions and memberships) are processed by your relevant app store (e.g., Apple’s App Store, Google Play and Amazon) (App Stores) and governed by their relevant policies. You can view the terms of services and policies associated with the App Stores below:
We note that your subscription will automatically renew if you do not cancel at least 24 hours prior to the renewal date. Your subscriptions can be managed in the App Stores. Should your subscription lapse or expire, previous standalone in-app purchases will continue to be accessible but any content (or features) associated with any subscription will be inaccessible until the relevant subscription is renewed.
Our Games, and the contents of Our Games are provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability, or fitness for a particular purpose. You assume all responsibility and risk for the use of Our Games, and for the use of any third-party website or service within it, and to the fullest extent permissible by law, We disclaim all liability for any loss, injury or damage resulting from your use of Our Games, whether direct or indirect.
In no event will We have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss. Our total aggregate liability with respect to Our obligations under this agreement or otherwise with respect to Our Games will not exceed $AUD1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach.
You agree to indemnify and hold harmless Us, and Our subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of Our Games, violation of this agreement (including but not limited to any of the warranties listed at Clause 8 and Clause 9) or any other actions connected with use of any content within or ancillary to our Games, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
This agreement is the entire agreement between you and Us with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
We may amend and/or modify these Terms of Service at any time in Our sole discretion, without notification to you.
We may update Our Games without notifying you. You acknowledge that you may need to update third party software from time to time in order to effectively continue to use Our Games.
This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You agree to be bound by the laws of that state and submit to the exclusive jurisdiction of that State, including any Courts that are entitled to hear appeals.
TERMS OF SERVICE – LAST UPDATED 8 SEPTEMBER 2023
MINIMEGA PTY LTD