Terms and Conditions

1. Definitions and Interpretation

In these Terms and Conditions, unless the context requires otherwise:

• "We," "Us," "Our" refers to Driftwood, an arcade game development studio based in Sydney, Australia
• "You," "Your" refers to the individual or entity accessing our website or services
• "Website" refers to all pages and content hosted at our domain and subdomains
• "Services" refers to arcade game development services, consultations, and related offerings
• "Content" refers to text, images, code, designs, and other materials on our website
• "Agreement" refers to these Terms and Conditions and any referenced policies

2. Agreement Scope and Binding Nature

These Terms and Conditions form a binding legal agreement between you and Driftwood. By accessing our website, you:

• Confirm you have the legal capacity to enter into this agreement
• Agree to comply with all terms, conditions, and obligations stated herein
• Acknowledge that your continued use constitutes ongoing acceptance
• Understand that violation of these terms may result in termination of access

If you do not agree with any part of these terms, you must immediately cease using our website and services.

3. User Obligations and Responsibilities

3.1 General Conduct

As a user of our website, you agree to:

• Use the website and services only for lawful purposes
• Provide accurate, current, and complete information when requested
• Maintain the confidentiality of any account credentials
• Immediately notify us of any unauthorized use of your account
• Respect the intellectual property rights of Driftwood and third parties
• Refrain from any activity that could harm or disrupt our website or services

3.2 Prohibited Activities

You expressly agree not to:

• Engage in any fraudulent, abusive, or illegal activities
• Violate any applicable local, state, national, or international law
• Infringe upon the rights of others, including privacy and intellectual property rights
• Transmit or upload viruses, malware, or malicious code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with the proper functioning of the website
• Harvest or collect information about other users without consent
• Impersonate any person or entity or misrepresent your affiliation
• Use automated systems (bots, scrapers) without explicit permission

3.3 Compliance with Laws

You are solely responsible for ensuring your use of our website and services complies with all applicable laws and regulations in your jurisdiction, including but not limited to data protection, privacy, and intellectual property laws.

4. Content Guidelines and Restrictions

4.1 User-Submitted Content

If you submit content through contact forms, comments, or other channels, you warrant that:

• You own or have the necessary rights to the content you submit
• The content does not violate any third-party rights
• The content is accurate and not misleading
• The content does not contain unlawful, defamatory, or offensive material
• The content does not contain confidential information of third parties

4.2 Content Standards

All content submitted must adhere to the following standards:

• Must not be obscene, offensive, or hateful
• Must not promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age
• Must not contain threats, harassment, or bullying
• Must not violate any person's privacy or data protection rights
• Must not infringe on intellectual property rights

5. Age Restrictions and Requirements

Our website and services are intended for users who are:

• At least 18 years of age
• Of legal age to enter into binding contracts in their jurisdiction
• Not prohibited from using our services under applicable law

If you are under 18, you may only use our website under the supervision of a parent or legal guardian who agrees to be bound by these terms.

6. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Driftwood, its directors, officers, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from:

• Your use or misuse of the website or services
• Your violation of these Terms and Conditions
• Your violation of any rights of another person or entity
• Any content you submit or transmit through the website
• Your breach of any representation or warranty made herein
• Your negligent or willful misconduct

This indemnification obligation survives termination of your use of the website and these Terms and Conditions.

7. Limitation of Liability and Warranties

7.1 Disclaimer of Warranties

The website and services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement of intellectual property
• Accuracy, completeness, or reliability of content
• Uninterrupted or error-free operation

7.2 Exclusion of Consequential Damages

To the maximum extent permitted by law, Driftwood shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of goodwill
• Cost of substitute goods or services
• Damages arising from reliance on website content

7.3 Liability Cap

In jurisdictions that do not allow the exclusion of certain warranties or limitation of liability, our liability is limited to the maximum extent permitted by law. In no event shall our total liability exceed the amount you paid to us (if any) in the twelve months preceding the claim.

8. Privacy and Data Protection

Your use of our website involves the collection and processing of personal information as described in our Privacy Policy. By using our website, you:

• Consent to the collection and processing of your information as described in our Privacy Policy
• Acknowledge your rights under applicable data protection laws
• Understand how to exercise your data protection rights
• Agree that our Privacy Policy is incorporated into these Terms and Conditions by reference

9. Intellectual Property Rights

9.1 Ownership

All intellectual property rights in the website, including but not limited to:

• Website design, layout, and graphics
• Source code and software
• Text, images, and multimedia content
• Trademarks, logos, and branding
• Trade secrets and proprietary information

are owned by or licensed to Driftwood and are protected by Australian and international intellectual property laws.

9.2 Restrictions on Use

You may not, without our express written permission:

• Reproduce, duplicate, copy, or resell any portion of the website
• Modify, adapt, or create derivative works
• Reverse engineer, decompile, or disassemble any software
• Remove or alter any copyright, trademark, or proprietary notices
• Use our intellectual property for commercial purposes

10. Force Majeure

Driftwood shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather events
• War, terrorism, civil unrest, or political instability
• Epidemics, pandemics, or public health emergencies
• Government actions, regulations, or restrictions
• Power failures, telecommunications outages, or internet disruptions
• Labor disputes, strikes, or lockouts
• Supplier or third-party service failures

11. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any principles of conflicts of law.

You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia for the resolution of any disputes arising from or relating to these Terms and Conditions or your use of the website.

12. Dispute Resolution Procedures

12.1 Informal Resolution

In the event of any dispute, controversy, or claim arising from these Terms and Conditions, you agree to first contact us to seek informal resolution before pursuing formal legal action.

12.2 Mediation

If informal resolution fails, both parties agree to attempt mediation through a mutually agreed independent mediator before initiating litigation or arbitration.

12.3 Class Action Waiver

You agree to bring any claims against us individually and not as part of any class action, collective action, or representative proceeding.

13. Severability and Waiver

13.1 Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

• The validity and enforceability of the remaining provisions shall not be affected
• The invalid provision shall be replaced with a valid provision that most closely approximates the intent of the original provision
• The remaining terms shall continue in full force and effect

13.2 Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

14. Modification of Terms

We reserve the right to modify these Terms and Conditions at any time. When we make changes:

• We will update the "Last Updated" date at the top of this document
• Material changes will be communicated via email or prominent website notice
• Your continued use of the website after changes constitutes acceptance
• If you disagree with the changes, you must discontinue use of the website

15. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements published on this website, constitute the entire agreement between you and Driftwood concerning your use of the website and supersede all prior agreements and understandings.