Terms and Conditions
Last updated: November 22, 2024
Legal Agreement and Binding Nature
These Terms and Conditions constitute a legally binding agreement between you and Frosthollow (referred to as "we," "us," or "our") regarding your use of our website and services. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
If you do not agree with any part of these terms, you must not use our website or services. Your continued use of our services following any modifications to these terms constitutes acceptance of those changes.
User Obligations and Responsibilities
Legal Compliance
You agree to comply with all applicable laws, regulations, and ordinances in your jurisdiction when using our services. This includes but is not limited to:
- • Intellectual property laws and copyright regulations
- • Data protection and privacy legislation
- • Consumer protection laws
- • Export control regulations
- • Tax and financial reporting requirements
You are solely responsible for ensuring your use of our services complies with all laws applicable to you.
Conduct Requirements
When interacting with our services, you must:
- • Provide accurate and truthful information
- • Maintain the security of your account credentials
- • Use our services only for their intended purposes
- • Respect the rights and dignity of others
- • Refrain from any behavior that could harm or disrupt our services
- • Not impersonate any person or entity
- • Not engage in any fraudulent or deceptive practices
Content Guidelines and Restrictions
You must not use our services to create, transmit, or request content that:
- • Violates any third-party rights, including intellectual property rights
- • Contains malicious code or harmful software
- • Promotes illegal activities or violence
- • Is defamatory, obscene, or offensive
- • Infringes upon privacy rights
- • Constitutes spam or unsolicited communications
Indemnification Obligations
You agree to indemnify, defend, and hold harmless Frosthollow, its affiliates, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, violation of these terms, or infringement of any third-party rights.
Liability Limitations and Disclaimers
Service Disclaimers
Our services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:
- • Warranties of merchantability and fitness for a particular purpose
- • Warranties of non-infringement
- • Warranties regarding accuracy, reliability, or completeness of content
- • Warranties of uninterrupted or error-free service
- • Warranties regarding specific results or outcomes
We do not guarantee that our services will meet your specific requirements or that any games developed will achieve commercial success, downloads, or revenue targets.
Limitation of Liability
To the maximum extent permitted by law, Frosthollow shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- • Loss of profits or revenue
- • Loss of data or information
- • Loss of business opportunities
- • Costs of procurement of substitute services
- • Business interruption
In any case, our total liability to you for all claims arising from or related to our services shall not exceed the amount you paid us for the specific service in question during the twelve months preceding the claim.
Consequential Damages Exclusion
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. The limitations and exclusions in this section apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.
Performance Disclaimers
We make no representations or warranties regarding the commercial performance of games we develop. Success in the gaming market depends on numerous factors beyond our control, including market conditions, competition, marketing efforts, and consumer preferences. Past performance of other projects does not guarantee or predict future results.
Force Majeure and Unforeseen Circumstances
We shall not be held liable for any failure or delay in performance of our obligations under these terms due to circumstances beyond our reasonable control, including but not limited to:
- • Natural disasters or severe weather
- • Wars, terrorism, or civil unrest
- • Government actions or regulations
- • Pandemics or health emergencies
- • Power failures or telecommunications outages
- • Cyberattacks or security breaches
- • Strikes or labor disputes
- • Supplier failures or shortages
In the event of force majeure, our obligations will be suspended for the duration of the event. We will make reasonable efforts to minimize the impact and resume normal operations as soon as possible.
Governing Law and Jurisdiction
Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Dispute Resolution Procedures
In the event of any dispute, controversy, or claim arising out of or relating to these terms or our services, the parties agree to follow this resolution process:
Step 1: Informal Negotiation
The parties will first attempt to resolve the dispute through good-faith negotiations. Either party may initiate this process by providing written notice to the other party.
Step 2: Mediation
If informal negotiations fail to resolve the dispute within 30 days, the parties agree to attempt mediation with a mutually agreed-upon mediator before pursuing legal action.
Step 3: Legal Action
If mediation is unsuccessful, either party may pursue legal remedies. Both parties agree to submit to the exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia.
Class Action Waiver
To the extent permitted by law, all disputes must be resolved on an individual basis. You agree not to participate in any class action, collective action, or representative proceeding against us. This waiver does not apply where prohibited by law.
Additional Legal Provisions
Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these terms. The remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Frosthollow regarding your use of our services. They supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
Waiver
Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision. No waiver by us of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Assignment
You may not assign or transfer these terms or any rights granted hereunder without our prior written consent. We may assign these terms or any rights under them without restriction. Any attempted assignment in violation of this provision is void.
Relationship of Parties
Nothing in these terms creates a partnership, joint venture, employment, or agency relationship between you and Frosthollow. Neither party has the authority to bind the other or to incur obligations on behalf of the other without prior written consent.
Terms Modification Policy
We reserve the right to modify, update, or change these Terms and Conditions at any time for various reasons, including:
- • Changes in applicable laws or regulations
- • Updates to our service offerings
- • Improvements to clarity or accuracy
- • Changes in business practices or policies
When we make material changes to these terms, we will:
- • Update the "Last updated" date at the top of this page
- • Provide reasonable notice through our website
- • Where appropriate, notify active clients directly
- • Allow time for review before changes take effect
Your continued use of our services after any modifications indicates your acceptance of the updated terms. If you do not agree to the modified terms, you must discontinue use of our services.
Contact and Questions
If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us through our contact page. We are committed to addressing your inquiries promptly and professionally.
For legal inquiries or formal notices, please provide detailed information about your concern, including relevant dates, facts, and any supporting documentation. We will review all communications carefully and respond within a reasonable timeframe.