FOLLY

TERMS OF SERVICE – Real Bird Fake Bird

The following Terms of Service govern your use of Our Game, and the content found within it: 

INTRODUCTION
This is the official terms of service for the game “Real Bird Fake Bird”, accessible via the worldwide web on various platforms,  referred to as “Game” herein (which term also includes the website: https://realbirdfakebird.com/) controlled and owned by Studio Folly Pty Ltd (Australian Business Number: 44 646 712 085) (defined here as ‘We’, ‘Us’ or ‘Our’), By using or otherwise accessing Our Game, 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 Game or any of the content contained within it. 

GRANT OF LICENCE
We grant you a worldwide, non-exclusive, royalty-free, revocable license to access and use our Game exclusively for the purposes of viewing, playing and interacting with the content within it. You acknowledge that the Game 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 Game or the content within it.

All rights are expressly reserved by Us.

TERM
This License (as listed at Clause 2 above) will exist for as long as you lawfully continue to use (and/or access) our Game. 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 Game and any content within them. Clauses 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 below will survive and continue in force even after any termination.

INTELLECTUAL PROPERTY
The Game 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 Game and any content found anywhere within them (including but not limited to code, artistic work, scripts, design elements, typography 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. 

USER GENERATED CONTENT, INTELLECTUAL PROPERTY
Our Game enable end-users to create, generate, design, upload and/or submit content, which includes but is not limited to, suggested “levels” (“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 in connection with Our Game, or submitted to Us by you. For the avoidance of doubt, We are free to use the Intellectual Property without any restriction whatsoever (or further notification to you), in all media and in any territory, and you acknowledge and agree that this is reasonable. 

MORAL RIGHTS
In relation to any UGC created, designed and/or submitted by you in connection with Our Game (or to Us), 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 in the UGC (if any), in such territory and in perpetuity, including without limitation any material alterations to the UGC. 

WARRANTIES
You warrant that all UGC whether created and/or submitted by you to Us or in connection with Our Game, 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, violate or interfere with 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 content (or material) which relates to any person under the age of thirteen (13) and any personally identifiable information, as that term is commonly understood in Australia.

YOUR CONDUCT
Your use of Our Game 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:

a. use the Game to harm, threaten, or harass anyone (including Us and Our employees, officers and directors);

b. use the Game in any manner or for any purpose other than as expressly permitted by the Terms, the Licenses and the information available on our websites;
violate the terms of our privacy policy listed at: https://folly.studio/rbfbpp

c. share passwords or other access information or devices or otherwise authorize any third party to access or use Our Game;
translate, reverse engineer, decompile, or disassemble Our Game or the content within it or merge all or any part of the either with another game, program or service (including software and other applications utilising artificial intelligence);

d. remove or alter any copyright, trademark or other proprietary rights notices contained in any of Our content (including but not limited to Our Game);

e. unlawfully copy, reproduce or create derivative works based on any part of Our Game or any of the content within it, or create a competing version of Our Game based on the information that you may gain from using Our Game;

h. use Our Game or any content within it for any unauthorized purpose or in violation of any applicable laws or regulations.

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.

THIRD-PARTY WEBSITES AND CONTENT
Please be advised that third-party websites (or functions) may be linked to within Our Game. We do not monitor or have any control over any content on these websites and can make no guarantee as to their accuracy or completeness. We do not represent or warrant the accuracy of any information contained on any third-party website. Accessing or using content on any third-party websites is done at your own risk. For further information on third-party websites and activities, please visit our privacy policy here: https://folly.studio/rbfbpp, and review accordingly. 

LIMITATION OF WARRANTIES AND LIABILITY
Our Game, and the content of Our Game 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 Game, 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 Game, 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 Game 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. 

NOTHING IN THIS SECTION 7, OR THESE TERMS, IS INTENDED TO EXCLUDE, RESTRICT, MODIFY, REMOVE, INTERFERE WITH OR HAVE THE EFFECT OF EXCLUDING, RESTRICTING OR MODIFYING, THE APPLICABLE LAWS IN AUSTRALIA, INCLUDING BUT NOT LIMITED TO, THE CONSUMER GUARANTEES SET FORTH IN DIVISION 1 OF PART 3-2 OF THE AUSTRALIAN CONSUMER LAW SUBSISTING IN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH), THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT.

INDEMNITY
You agree to indemnify and hold harmless Us, and Our subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any losses, damages costs, and third party claim arising from, or in any way related to, your use of Our Game, a violation of this agreement (including but not limited to any of the warranties listed at Clause 8 and Clause 9) and any other actions connected with use of any content within or ancillary to our Game, 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. 

GENERAL
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, by providing notice of such amendment (or modification) on our website here: https://folly.studio/rbfbToS.

We may update Our Game 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 Game.

JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of the State of Victoria, 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. 

PRIVACY
We recognise the importance of your privacy and understand the concerns surrounding security of personal information. To view Our privacy policy relating to the use of Our Game, please visit: https://folly.studio/rbfbpp 

TERMS OF SERVICE – LAST UPDATED 10 DECEMBER 2024
STUDIO FOLLY PTY LTD