Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you and Lockdown Gaming Inc. (“Glombies”, “we”, “us”, “our”) covering:

• the Glombies mobile game for iOS and Android, its servers, and any updates, content, or related services (the “Game”); and
• the glombies.com website (the “Website”).

Together we call these the “Services”. By installing or playing the Game, or by using the Website, you agree to these Terms and to our Privacy Policy, which explains how we handle your information. If you do not agree, do not use the Services.

Please read the “Governing law and disputes” section carefully. It contains an agreement to resolve disputes by individual arbitration and a waiver of class actions, with a 30-day opt-out.

• You must be at least 13 years old, or the minimum age for using online services in your country if that is higher.
• If you are under 18 (or the age of majority where you live), a parent or guardian must read and agree to these Terms on your behalf, is responsible for your use of the Game, and is responsible for any purchases made under your account.
• You must not be barred from using the Services under the laws of your country, and you may not play if we have previously suspended or terminated your account.
• If you are accepting these Terms for a child in your care, “you” means you and the child.

• You can play without an account. Progress then stays on your device only, and we cannot recover it if the device is lost, the app is deleted, or its data is cleared.
• To sync progress and use online features such as guilds and leaderboards, sign in with Apple, Google, or an email address and password. You must give us accurate information and keep it up to date.
• Keep your sign-in details private. You are responsible for everything that happens under your account, whether or not you authorised it, until you tell us at hello@lockdowngaming.io that it has been compromised.
• One account per person. Do not create accounts for others, share accounts, or sell, trade, gift, or transfer an account or anything in it.
• We may reclaim display names and guild names that are inactive, misleading, offensive, or that infringe someone else's rights.
• You can delete your account at any time from Settings → Delete account or by following our account deletion page. Deletion is permanent and removes your progress, creatures, and virtual items. Virtual items and purchases are not refunded on deletion.

We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and play the Game on mobile devices you own or control, and to use the Website, for your own non-commercial entertainment, subject to these Terms.

Everything in the Services, including the Glombies characters, artwork, animations, music, sound, code, names, story, text, and the “Glombies” name and logo, belongs to us or our licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms do not give you any ownership of the Services or their content. All rights not expressly granted are reserved.

You may not:

• copy, modify, translate, adapt, decompile, disassemble, or reverse-engineer the Services, or create derivative works from them, except where the law expressly allows it despite this restriction;
• sell, rent, lease, sub-license, distribute, or commercially exploit the Services or their content;
• remove, hide, or alter any copyright, trademark, or other proprietary notice;
• scrape, crawl, or extract data or artwork from the Services by automated means, or use the Services or their content to train machine-learning models;
• use the Game's characters, artwork, or name outside the Game without our written permission, beyond ordinary sharing of screenshots, gameplay clips, fan art, and commentary that do not suggest we endorse you and are not sold.

We love seeing fan art and videos. Non-commercial fan creations that follow this section are welcome; if you want to do something commercial, ask us first at hello@lockdowngaming.io.

The Game's results are decided on our servers. To keep it fair for everyone, you must not:

• use cheats, exploits, hacks, bots, scripts, macros, emulators, or automation tools;
• modify the app, its saved data, or its network traffic, or run it on rooted or jailbroken devices in a way that alters gameplay;
• exploit bugs to gain an advantage. If you find one, please report it to hello@lockdowngaming.io instead;
• interfere with, overload, probe, or attack the Game's servers, or bypass any security or rate limit;
• create multiple accounts to abuse rewards, events, referral or redeem codes, or guild features;
• buy, sell, or trade accounts, virtual items, or currency for real money or anything of value outside the Game (“real-money trading”), or advertise such services;
• use the Services for anything unlawful or to harm anyone.

We may investigate suspected violations, and we may reverse gains, remove items, reset progress, restrict features, or suspend or terminate accounts that break these rules. We are the sole judge of whether a rule has been broken.

• The Game includes virtual currencies (such as coins and gems) and virtual items (such as creatures, eggs, accessories, passes, and boosts) (“Virtual Items”). They exist only inside the Game.
• Virtual Items have no real-world value, are not your property, cannot be exchanged for money or anything of value outside the Game, and cannot be transferred to other players except where a Game feature expressly allows it. They are not a currency, deposit, or investment.
• You receive only a limited, revocable licence to use Virtual Items within the Game while your account is in good standing. We may change, rebalance, replace, expire, or remove Virtual Items at any time as part of updating or operating the Game, and we have no liability for doing so.
• Virtual Items you earn or buy are tied to your account and are lost if you delete it or we terminate it for breaking these Terms.
• Random rewards (for example which creature hatches from an egg) are decided by our servers. Where the law requires, we disclose the odds inside the Game.

The Game is free to play. It offers optional purchases: packs of gems, and recurring passes such as the Ad-Free Pass and the Trainer's Pass.

• All purchases are made through Apple's App Store or Google Play (each a “Store”). Prices, including any taxes, are shown in the Store before you buy and may change. Your Store account is charged, and the Store's terms apply to billing.
• Subscriptions renew automatically at the price shown until you cancel. Cancel at least 24 hours before the end of the current period through your Store subscription settings (iOS: Settings → Apple ID → Subscriptions; Android: Google Play → Payments & subscriptions). Deleting the app or your account does not cancel a subscription. Benefits continue until the end of the paid period.
• All purchases are final once delivered, and Virtual Items are consumed when used. Refunds are handled by the Store under its policies, and we cannot issue refunds ourselves except where the law requires it (for example, if a purchase was never delivered). If you receive a refund, the corresponding Virtual Items may be removed from your account.
• Use Restore Purchases in the Game to recover passes on a new device. Gem packs are consumables and cannot be restored once spent.
• You are responsible for any purchases made through your account or device, including by children in your care. Both Stores offer parental controls and purchase confirmation settings.
• Redeem and promotional codes have no cash value, may expire, and may be limited to one per account.

The Game shows optional rewarded video ads. Watching one is always your choice and grants the reward described. Ads are served by third parties (currently Google AdMob and its partners) and we do not control or endorse their content. Rewards may be limited per day, may vary by region, and may change over time. Using tools to block or fake ad views is a breach of the fair play rules.

Your display name, guild name, motto, and crest, and guild chat messages are visible to other players (“Player Content”). You keep any rights you have in your Player Content, and you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, display, adapt, and moderate it as needed to operate, promote, and improve the Services, for as long as it remains in the Game and for a reasonable period afterwards in backups and logs.

Do not post Player Content that:

• harasses, threatens, or bullies anyone, or is hateful, discriminatory, sexual, violent, or otherwise inappropriate for a family audience;
• includes personal information about you or anyone else, such as real names, ages, contact details, locations, or photos;
• impersonates another person, a moderator, or us, or misrepresents your affiliation with anyone;
• advertises, spams, solicits, or links to other services, or promotes cheating or real-money trading;
• infringes anyone's intellectual property, privacy, or other rights, or breaks any law.

We do not pre-screen Player Content, but we may review, edit, or remove it and restrict accounts at our discretion and without notice. Guild leaders and officers may remove members from their guild. Glombies is meant to be a kind place; if someone is spoiling that, report them with their display name and guild to hello@lockdowngaming.io and we will look into it.

We are always happy to hear ideas. If you send us feedback, suggestions, or ideas about the Services, you agree that we may use them freely, without any obligation to you, and that they are not confidential. This lets us build things players ask for without worrying about who thought of them first.

We respect intellectual property rights. If you believe content in the Services infringes your copyright or trademark, email hello@lockdowngaming.io with: a description of the work you claim is infringed; where the material appears in the Services; your contact details; a statement that you believe in good faith the use is not authorised; a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorised to act for them; and your physical or electronic signature. We may remove the material and, for repeat infringers, terminate accounts.

The Game updates itself with new code, content, and balance changes, sometimes between Store releases. You must accept updates to keep playing online. We may add, change, or remove features, events, creatures, items, and currencies at any time, and we may shut the Game down. Where reasonably possible we will give at least 30 days' notice of a shutdown in the Game or on the Website. Virtual Items lost through balance changes, feature removal, or shutdown are not refunded except where the law requires.

We aim to keep the Services running but do not promise uninterrupted or error-free service. Online features depend on your internet connection and on third-party services we do not control. We may suspend the Services, in whole or part, for maintenance, security, legal reasons, or reasons outside our control, and we are not liable for any resulting loss of access, progress, or Virtual Items. You are responsible for any data charges from your mobile carrier.

We may suspend or terminate your account or access to the Services, with or without notice, if you break these Terms, if we reasonably suspect fraud, cheating, or abuse, if required by law, if your account has been inactive for more than 24 months, or if we discontinue the Game. Where fair and lawful, we will tell you why and give you a chance to respond. You can stop using the Services and delete your account at any time.

On termination your licence ends and you lose access to your account and all Virtual Items, with no refund except where the law requires. Sections that by their nature should survive (including licence restrictions, Virtual Items, Player Content licence, disclaimers, limitation of liability, indemnity, dispute resolution, and general terms) survive termination.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not guarantee that the Services will meet your expectations, be uninterrupted, secure, or error-free, that progress will never be lost, or that Virtual Items will retain any particular usefulness or availability.

Nothing in these Terms limits rights you have as a consumer that cannot be limited by contract, including under the Australian Consumer Law, the UK Consumer Rights Act, and EU consumer law.

TO THE FULLEST EXTENT THE LAW ALLOWS, LOCKDOWN GAMING INC. AND ITS DIRECTORS, EMPLOYEES, CONTRACTORS, AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROGRESS, VIRTUAL ITEMS, PROFITS, REVENUE, OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US THROUGH THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY US DOLLARS (US$50).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

To the extent the law allows, you agree to defend, indemnify, and hold harmless Lockdown Gaming Inc.and its directors, employees, contractors, and licensors from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: your Player Content; your breach of these Terms; your violation of any law or of anyone's rights; or your misuse of the Services. We may take over the defence of any matter for which you must indemnify us, and you agree to cooperate with us. This section does not apply to consumers in jurisdictions where such indemnities are unenforceable.

Governing law

Lockdown Gaming Inc. is based in Austin, Texas, United States. These Terms are governed by the laws of the State of Texas and the federal laws of the United States, without regard to conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods. The Federal Arbitration Act governs the arbitration agreement below. If you are a consumer in the EEA, UK, or another jurisdiction whose mandatory consumer law gives you the protection of your home country's law or courts, you keep those protections.

Talk to us first

Most problems can be sorted out quickly. Before starting any formal dispute, email hello@lockdowngaming.io with a description of the issue and how you would like it resolved. We will do the same if we have a dispute with you. Both sides agree to try in good faith to resolve the matter informally for at least 60 days before taking any further step.

Binding individual arbitration

If we cannot resolve a dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at adr.org), rather than in court. The seat of arbitration is Austin, Texas, but any hearing will be held by video, by phone, or in writing, or in the county where you live if you prefer, so you do not need to travel. The arbitrator may award the same remedies a court could, on an individual basis, and the award may be entered in any court with jurisdiction. For claims under US$10,000 we will pay the AAA filing and arbitrator fees unless the arbitrator finds the claim frivolous, and we will not seek our legal fees from you unless the arbitrator finds it frivolous.

Exceptions: either party may

• bring an individual claim in a small-claims court that has jurisdiction; or
• seek an injunction or other urgent relief in court to protect intellectual property or to stop cheating, unauthorised access, or abuse of the Services.

Class action and jury waiver

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND THAT ANY DISPUTE HEARD IN COURT WILL BE DECIDED BY A JUDGE WITHOUT A JURY. If this waiver is found unenforceable for a particular claim, then that claim (and only that claim) will be heard in court rather than in arbitration.

30-day opt-out

You can opt out of the arbitration agreement and class waiver by emailing hello@lockdowngaming.io within 30 days of first accepting these Terms (or of this section first taking effect, if later), stating your display name, the email on your account, and that you opt out. Opting out does not affect any other part of these Terms.

Courts

For matters that are not arbitrated, you and we agree to the exclusive jurisdiction of the state courts in Travis County, Texas, and the United States District Court for the Western District of Texas, and you consent to personal jurisdiction there, except that consumers may also bring claims in the courts of their home country where mandatory law allows. Any claim must be brought within one year after it arises, unless a longer period is required by law.

The Game is distributed through the Apple App Store and Google Play, and their terms also apply to you.

• Apple: these Terms are between you and us, not Apple. Apple has no obligation to provide maintenance or support for the Game. If the Game fails to conform to any warranty, you may notify Apple and Apple will refund the purchase price of the app, if any; Apple has no other warranty obligation. Apple is not responsible for addressing claims by you or any third party relating to the Game, including product liability, regulatory compliance, or consumer protection claims, or for investigating or defending third-party intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• Google: Google Play's terms apply to your download of the Game and to any purchases made through Google Play.

You confirm that you are not located in a country subject to a US government embargo or designated as a “terrorist supporting” country, and that you are not on any US government list of prohibited or restricted parties. You will comply with applicable export and sanctions laws.

The Website is for information about the Game and for contacting us. You may not use it to send unlawful, abusive, or deceptive messages, to attempt to gain unauthorised access to it or its infrastructure, or to scrape its content. Links to other sites are provided for convenience; we do not control or endorse them. The Website uses cookies as described in our Privacy Policy.

Store listings, release notes, and screenshots may describe features that vary by platform, region, or version, or that are still in development; they are not promises about what the Game will contain.

We may update these Terms. When the changes are material we will notify you in the Game, on the Website, or by email before they take effect, and the “Last updated” date will change. Continuing to use the Services after the changes take effect means you accept them. If you do not accept, stop using the Services and delete your account. Changes to the dispute resolution section do not apply to disputes of which either party had notice before the change.

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Services and replace any earlier agreements.
• Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect.
• No waiver. Our failure to enforce a right or provision is not a waiver of it.
• Assignment. You may not transfer these Terms or your account. We may transfer these Terms to an affiliate or to a successor of the Game, and will tell you if we do.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages at our providers, natural disasters, or government action.
• No third-party rights. Except for Apple as described above, no one other than you and us has any rights under these Terms.
• Notices. We may notify you in the Game, on the Website, or by email to the address on your account. You may notify us at hello@lockdowngaming.io.
• Language. These Terms are written in English. Any translation is for convenience only; the English version controls where the law allows.

Questions about these Terms? Contact us:

Lockdown Gaming Inc.
Austin, Texas, United States
Email: hello@lockdowngaming.io
Support form: glombies.com/#support