Terms of Service - Unearthed Stories

Last Updated: March 13th, 2023



Please read these Terms of Service (the “Terms") and our Privacy Policy ("Privacy Policy") carefully because they govern your use of the website located at prowessgames.net (the “Site") and platform accessible via the Site and corresponding mobile application ("App") offered by Prowess Games. ("we,” “us,” or “our"). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

These terms apply to all users of the Services, whether such users create or access content on the Services (individually “User” or “you").

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PROWESS GAMES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

2. Privacy Policy

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

You must be at least 13 years old to use the Services. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you need to get your parent’s or guardian’s permission, and your parent or legal guardian must read and agree to these Terms on your behalf. Parents and guardians must supervise your use of our Services, and are responsible for the acts of their children using our Services.

It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorised use. You’re responsible for all activities that occur under your account.

5. Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

6. Virtual Entitlements

Within our Services, we may offer the ability to obtain or purchase digital items such as individual electronic stories/books or remove ads play mode(collectively, “Virtual Entitlements") which you can use to access certain content within the Services. Your use of Virtual Entitlements is governed by these Terms and the App Store Agreement(s) (described in Section 9 below).

Provided you comply with these Terms and the App Store Agreement(s), we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to use any Virtual Entitlements you gain access to, whether purchased or otherwise obtained, solely in connection with your personal use of the Services and for no other purpose. We may revoke your license to Virtual Entitlements at any time consistent with these Terms without notice or liability to you. Virtual Entitlements are not money, may not be sold, traded, transferred, or exchanged for cash, and have no value outside of the Services.

By purchasing Virtual Entitlements, you hereby waive any statutory right you may have to withdraw from these Terms, and you agree that you will not be eligible to receive a refund (or any alternative remedy) in relation to such Virtual Entitlements, unless the Virtual Entitlements are defective, unavailable, or do not perform in accordance with the specifications we provide while the game remains published in an App Store.

7. One-Time Payments

Prowess Games requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You have the option of making a one-time payment ("One-Time Payment") for such use.

a. General

When you make a One-Time Payment (each, a “Transaction"), you expressly authorise us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information").

You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorise us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges).

You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in Australian dollars.

b. Cancelling One-Time Payment

YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction.

8. Your Content

a. Posting Content

Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” Prowess Games does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. You retain all ownership rights in and to your User Content.

b. Permissions to Your User Content

You hereby grant Prowess Games a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable, irrevocable and perpetual right and license to use, post, publish, share, store, reproduce, alter, modify and create derivative works based upon your User Content solely in order to enable us to operate the Services, and to permit our Users to use, access, and download your User Content.

c. Your Responsibility for User Content

You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Prowess Games on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

d. Removal of User Content.

You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

e. Prowess Games’ Intellectual Property.

We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

9. Rights and Terms for Apps

a. App License

If you comply with these Terms, Prowess Games grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

10. General Prohibitions and Prowess Games’ Enforcement Rights

You agree not to do any of the following:

  1. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  2. Use, display, mirror or frame the Services or any individual element within the Services, Prowess Games’ name, any Prowess Games trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Prowess Games’ express written consent;
  3. Access, tamper with, or use non-public areas of the Services, Prowess Games’ computer systems, or the technical delivery systems of Prowess Games’ providers;
  4. Attempt to probe, scan or test the vulnerability of any Prowess Games system or network or breach any security or authentication measures;
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Prowess Games or any of Prowess Games’ providers or any other third party (including another user) to protect the Services;
  6. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Prowess Games or other generally available third-party web browsers;
  7. Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  8. Use any meta tags or other hidden text or metadata utilising a Prowess Games trademark, logo URL or product name without Prowess Games’ express written consent;
  9. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  14. Impersonate or misrepresent your affiliation with any person or entity;
  15. Violate any applicable law or regulation; or
  16. Encourage or enable any other individual to do any of the foregoing.

Prowess Games is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. DMCA/Copyright Policy

Prowess Games respects copyright law and expects its users to do the same. It is Prowess Games’ policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). You are encouraged to review 17 U.S.C. Sec. 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.

  1. An electronic or scanned signature of a person authorised to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as telephone number, and e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Please send your copyright infringement notice to prowessgames@gmail.com

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing.

Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

12. Links to Third-Party Websites or Resources

The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or Services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

13. Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time via the Site or App, or by sending us an email at prowessgames@gmail.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7(a), 7(b) (only for payments due and owing to Prowess Games prior to the termination), 8(b), 8(c), 8(e), 9, 13, 14, 15, 16, 17, 18 and 19.

14. Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

15. Indemnity

You will indemnify and hold Prowess Games and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

16. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PROWESS GAMES NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROWESS GAMES OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL PROWESS GAMES’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO PROWESS GAMES FOR USE OF THE SERVICES OR ONE HUNDRED AUSTRALIAN DOLLARS (AUD 100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PROWESS GAMES, AS APPLICABLE.
  3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROWESS GAMES AND YOU.

17. Governing Law and Forum Choice

These Terms and the relationship between you and us shall be governed by the laws of the Australian Capital Territory, in Australia, as an agreement wholly performed, negotiated and executed therein, as well as applicable federal law of Australia. You agree that: (i) the Applications shall be deemed solely based in the Australian Capital Territory; and (ii) the Applications shall be deemed passive applications that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Australian Capital Territory.

Any dispute relating in any way to or arising under or out of your use of the Applications or these Terms shall be adjudicated in the state and federal courts of the Australian Capital Territory. You hereby consent to personal jurisdiction and venue in this court.

Regardless of any statute or law to the contrary, any claim or cause of action arising under or out of or related to your use of the Applications or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

18. Dispute Resolution

We always endeavour to conduct ourselves at Prowess Games at the highest standard of business practices and be a force for good in the world wide community, however we do understand that unfortunately disputes can still arise. In an effort to accelerate a resolution between all parties and reduce cost and time of any disagreement we ask that all parties first use reasonable efforts to negotiate any dispute informally for at least ninety (90) days before either party initiates any arbitration or court proceedings.

Negotiations will begin upon receipt of written notice by the party raising the dispute. Notices must be sent electronically to prowessgames@gmail.com

19. General Terms

a. Reservation of Rights

Prowess Games and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of Australia and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

b. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Prowess Games and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Prowess Games and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Prowess Games’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Prowess Games may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

c. Notices

Any notices or other communications provided by Prowess Games under these Terms will be given via email. Notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

d. Waiver of Rights

Prowess Games’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Prowess Games. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20. Contact Information

If you have questions or comments about this policy, you may email us at prowessgames@gmail.com.

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