Terms and Conditions for Equinox Games
Welcome to Equinox Games! These Terms and Conditions ("Terms") govern your access to and use of our online platform, including all content, functionalities, services, and games offered by Equinox Games, a mobile game development company located at Queens Road, Johannesburg, Gauteng, 2001, ZA.
By accessing or using our website or any of our games, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.
1. Acceptance of Terms
By using our online platform or engaging with our games, you affirm that you are of legal age to form a binding contract in your jurisdiction, or have obtained parental or guardian consent to use our services if you are a minor. You agree that you have read, understood, and accept all the terms and conditions contained herein.
2. Changes to Terms
Equinox Games reserves the right to modify or revise these Terms at any time, at our sole discretion. We will notify you of any changes by posting the new Terms on this page. Your continued use of our services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically for any updates.
3. User Accounts
- Account Creation: To access certain features of our games or services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
- Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
- Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, if you violate these Terms or engage in any conduct that we deem inappropriate or harmful to our services or other users.
4. Intellectual Property Rights
All content on our website and within our games, including but not limited to graphics, text, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), is owned, controlled, or licensed by Equinox Games and is protected by copyright, trademark, and other intellectual property rights.
You may not use, copy, reproduce, modify, publish, transmit, distribute, perform, display, or sell any of our Content without our prior written consent.
5. License to Use Our Services
Subject to your compliance with these Terms, Equinox Games grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website and games for your personal, non-commercial entertainment purposes.
6. Prohibited Conduct
You agree not to engage in any of the following prohibited activities while using our services:
- Violating any applicable laws or regulations.
- Infringing upon the rights of others, including intellectual property rights.
- Attempting to gain unauthorized access to any portion of our website, games, or systems.
- Interfering with or disrupting the functionality of our services or servers.
- Using any automated system to access our services for any unauthorized purpose.
- Engaging in any form of cheating, hacking, or exploiting vulnerabilities in our games.
- Distributing malware, viruses, or other harmful programming.
- Harassing, abusing, or harming another person or entity.
- Misrepresenting your identity or affiliation.
7. In-Game Purchases and Virtual Items
Our games may offer virtual items or subscriptions for purchase ("In-Game Purchases"). All In-Game Purchases are final and non-refundable, unless otherwise required by applicable law.
Virtual items have no monetary value and cannot be exchanged for real currency, goods, or services from us or anyone else. Your purchase of virtual items is a limited, personal, non-transferable, non-sublicensable, revocable license to use these items within the game.
8. Seasonal Updates and Events
Equinox Games provides seasonal game updates and events to enhance your gaming experience. These updates may introduce new features, content, or modifications to existing gameplay. We reserve the right to change, modify, or remove any game features, content, or events at our sole discretion, without notice.
9. Disclaimer of Warranties
OUR SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
Equinox Games does not warrant that our services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that your use of our services will meet your requirements or expectations.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EQUINOX GAMES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO OR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE CLAIM.
11. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Johannesburg, South Africa.
12. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Equinox Games regarding our services and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral, concerning its subject matter.
14. Contact Information
For any questions about these Terms, please contact us at:
Equinox Games
Queens Road, Johannesburg, Gauteng, 2001, ZA
Phone: +27284920072