Agreement
These terms and conditions (the “Terms”) are an agreement between you and Netcode, Inc. (“Netcode”, “we”, “us”, “our”) and govern your use of Tiki Trek, its websites and its related services (together, the “Services”). By downloading, installing, accessing or playing Tiki Trek, you agree to these Terms and to our privacy policy. If you do not agree, do not use the Services.
If you are under the age of majority where you live, a parent or guardian must agree to these Terms on your behalf, and is responsible for your use of the Services.
Your licence to play
Netcode, Inc. grants you a personal, limited, non-exclusive, non-transferable, revocable licence to install and play Tiki Trek for your own non-commercial entertainment, on devices you own or control, in accordance with these Terms and the rules of the app store you got it from.
You may not, and may not help anyone else to:
- copy, sell, rent, sublicense or distribute the game or any part of it;
- reverse engineer, decompile, disassemble or modify the game, except where the law expressly allows it;
- use cheats, bots, exploits, automation or unauthorised third-party software, or interfere with the game’s servers or other players;
- use the Services for anything unlawful, harmful, harassing or abusive;
- remove or alter any copyright, trademark or other notices.
Ownership
Tiki Trek and everything in it, including its code, artwork, characters, story, music, sounds, names and logos, are owned by Netcode, Inc. or its licensors and are protected by copyright, trademark and other laws. You get a licence to play, not ownership of any part of the game. All rights not expressly granted to you are reserved.
Virtual items and purchases
The game may let you earn or buy virtual items, currency or features (“Virtual Items”). Virtual Items have no real-world monetary value, cannot be exchanged for money, and are licensed to you, not sold. We may change, rebalance or remove Virtual Items as the game develops.
Purchases are processed by the app store, under its terms. Except where the law or the app store’s refund policy requires otherwise, all purchases are final and non-refundable, including if the game is changed, suspended or discontinued, or your access is ended under these Terms.
Netcode account
A Netcode account is optional. If you create one, keep access to your email address secure; anyone who can read your email can sign in to your account. You are responsible for everything that happens under your account. We may suspend or close an account that breaks these Terms.
Changes to the game and availability
Netcode, Inc. may update, change, suspend or discontinue Tiki Trek or any part of the Services, including features, content, servers and saved data, at any time, with or without notice, and without any liability to you. Some features need an internet connection and may be unavailable at times. We do not promise that the game will be available on any particular device or operating system, or for any particular length of time.
No warranty
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NETCODE, INC. DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the above, we do not warrant that the game will be free of bugs, errors, glitches, viruses or other harmful components; that it will be uninterrupted, secure or available at any time; that defects will be corrected; that saved progress, purchases or Virtual Items will never be lost; or that the game will be compatible with your device or other software. You use the Services at your own risk.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NETCODE, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN TOLD SUCH LOSS OR DAMAGE WAS POSSIBLE.
This includes, without limitation, any direct, indirect, incidental, special, consequential, exemplary or punitive damages, and any loss of data, saved progress, Virtual Items, purchases, profits, revenue, goodwill or use; any damage to or malfunction of your device, battery, storage or other software; any loss caused by bugs, errors, crashes, outages, security incidents or changes to the game; and any conduct of other players or third parties.
Where the law does not allow liability to be excluded entirely, Netcode’s total liability for all claims together is limited to the greater of the amount you paid to Netcode for the game in the twelve months before the claim, or ten Canadian dollars (CA$10).
Some jurisdictions do not allow certain warranties or liabilities to be excluded or limited. In those places, the exclusions and limits above apply to the greatest extent the law allows, and nothing in these Terms takes away rights you have under consumer protection law that cannot be waived.
Indemnity
You agree to defend, indemnify and hold harmless Netcode, Inc. and its directors, officers, employees, contractors and agents from any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of your use of the Services, your breach of these Terms, or your violation of any law or the rights of any other person.
Ending these Terms
You can stop using the Services at any time by uninstalling the game and, if you have one, deleting your Netcode account. We may suspend or end your access to the Services at any time if we believe you have broken these Terms, or if we discontinue the game, without liability to you. The sections on ownership, purchases, no warranty, limitation of liability, indemnity and governing law continue to apply after these Terms end.
Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. You agree that the courts of Ontario have exclusive jurisdiction over any dispute arising from these Terms or the Services, except where your local consumer law gives you the right to bring a claim where you live.
General
These Terms, together with the privacy policy and the data usage page, are the entire agreement between you and Netcode about the Services. If any part of these Terms is found to be unenforceable, the rest stays in effect. If we do not enforce a right, we have not waived it. You may not transfer your rights under these Terms; we may transfer ours. The app store you got the game from is not a party to these Terms and is not responsible for the game.
Changes to these Terms
Netcode, Inc. may change, update, replace or remove any part of these Terms at any time, for any reason, without prior notice to you and without asking for your consent, except where the law requires otherwise.
Changes take effect as soon as the updated Terms are posted on this page. The “Last updated” date at the top shows when it last changed. It is your responsibility to check this page from time to time.
If you keep playing the game or using our services after a change is posted, you accept these Terms as changed. If you do not agree with a change, stop using the game and our services.
Contact us
Questions about these Terms can be sent to Netcode, Inc. through the contact form at https://games.netcode.ca/contact. Netcode, Inc. is located in Chatham, Ontario, Canada.