Terms of use
The short version: our games are for your own personal fun. Don't copy or misuse them. Coins and items in our games have no real-world value. Games are provided as they are and may change or end over time. Your rights under the Australian Consumer Law (and the consumer laws where you live) always apply.
1. Agreement
These terms are between you and UpStream Games, the registered business name of a sole trader based in Queensland, Australia ("we", "us"). By downloading, installing or playing one of our games, or using this website, you agree to these terms. If you don't agree, please don't use them.
2. Your licence to play
We give you a personal, non-exclusive, non-transferable, licence to play our games on devices you own or control, for your own non-commercial entertainment. You must not:
- copy, sell, rent, redistribute or modify our games, or their art, music or sound;
- reverse engineer or decompile our games, except where the law allows it;
- use cheats, bots or hacks, or interfere with ads or purchases; or
- use our games for anything unlawful.
We own all rights in our games, apart from your licence to play them. The app store's own terms also apply to your download (for example the Google Play Terms of Service, or Apple's standard licence terms for apps from the App Store).
3. Coins and in-game items
Coins, unlockable items and other in-game rewards are earned by playing. They're a feature of the game only: they have no monetary value, can't be exchanged for money or anything outside the game, and can't be transferred. They're stored on your phone and can be lost if you uninstall the game, clear its data or change phones. We may change or rebalance them in updates.
4. Purchases
Some games offer optional in-app purchases, such as "Remove Ads". Purchases are made through Google Play or Apple's App Store and are subject to their terms, including their refund policies. Purchases are linked to your store account and can be restored on another device signed in to the same account, while the game remains available.
5. Ads and other services
Some games are free and supported by ads provided by third parties such as Google. We don't control or endorse the products or services in ads and aren't responsible for them. Third-party services (ads, app stores, your phone's software) are covered by their providers' own terms.
6. Changes and availability
We may update, change, suspend or stop offering any game, feature or content at any time, including removing a game from sale. We don't promise that our games will always be available, compatible with every device, or free of errors, or that we'll provide updates or support.
7. Australian Consumer Law and our liability
Our games come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees, or any other rights you have under laws that can't be excluded, including the consumer laws of the place where you live.
Subject to that, and to the fullest extent permitted by law:
- our games and this website are provided "as is" and "as available", without any other warranties;
- we aren't liable for any indirect or consequential loss; and
- where our liability for failing to comply with a consumer guarantee can be limited, it is limited (at our option) to supplying the game or service again or paying the cost of having it supplied again.
8. Changes to these terms
We may update these terms from time to time by posting a new version on this page with a new "last updated" date. Changes apply to your use of our games after they're posted, and don't take away anything you've already paid for. If you don't agree with them, you can stop using our games.
9. General
These terms are governed by the laws of Queensland, Australia, and the courts of Queensland have jurisdiction. This doesn't take away any protection you have under the mandatory laws of the place where you live. If any part of these terms can't be enforced, the rest still applies.
10. Contact
UpStream Games · Queensland, Australia · info@upstreamgames.com.au