Qloud Games Pty Ltd (Australian Business Number 19 658 781 885) (“Qloud”, “Company”, “ourselves”, “we”, “us”) owns and operates the online game “Loftia” and associated products, including the game client on Steam, Epic Games Store, and all other versions, expansions, updates and other content created by or on behalf of Qloud in connection to the Game or other games (the “Game”), as well as associated platforms and accounts such as the Loftia website, the official Loftia Discord server, and related social media pages and accounts (collectively, the “Platforms”).
Provided you are at least 13 years of age (and where applicable, your parent or legal guardian has accepted these terms on your behalf), you may download and play the Game, and use the Platforms, in consideration for accepting these Terms of Service on an ongoing basis (the “Terms”, or this “Agreement”). Acceptance of these terms on the basis above is required for us to create a fulfilling, fun, and healthy environment for all of our players. In this Agreement, we refer to you as “End User”, “User”, “you”, “your” or similar expressions, being the person accessing the Game or Platforms. You accept these Terms by clicking to accept them when you first launch the Game, and by continuing to play the Game.
You can review our Privacy Policy, which sets out how we use your personal data, here: https://loftia.gg/privacy/
To play the Game you need an account with a platform through which the Game is distributed (currently Steam or the Epic Games Store) (a Platform Account). Your game progress and other Game data will be associated with your Platform Account. You may also choose to create an account on the Loftia website (a Loftia Account) and link it to your Platform Account to access additional features. A Loftia Account is optional and is not required to play the Game.
You agree that any information you provide to us in connection with a Platforms Account is and will be accurate. You must not share, sell or otherwise transfer your Platforms Account or the Game data associated with your Platform Account, and you must not use additional Platform Accounts or Platforms Accounts to evade any Game-related penalties imposed by Qloud. Your Platform Account is subject to the platform’s own terms, which Qloud does not control.
You agree that:
The Game and Platforms may permit you to communicate with other players, including by sharing links or user-generated content. You agree to the following terms with respect to such communication or content (“User Generated Content” or “UGC”) when playing the Game, or using the Platforms. These terms also apply to your conduct on other platforms where it targets other players, the Loftia community or Qloud (for example, harassment, threats or doxxing). You must ensure that all UGC you share in any channel (including account assets, in-game and in community forums):
To the extent permitted by law, we disclaim all responsibility for the content of communications and content made by any party other than our authorised representatives (who may be our employees and officers acting on our behalf), on any and all channels (including in-Game, the Platforms, on social media platforms whether controlled by us or otherwise).
We reserve the right to remove or modify any UGC where we have the power to do so, including for the protection of our community. You acknowledge that we may do so without notice to you.
You retain ownership in your UGC, except to the extent it contains Company’s intellectual property rights or feedback on the Game. We may from time to time publicly share or redistribute UGC on our Platforms, or through other community channels, press releases, or promotional and marketing materials. You hereby grant us a worldwide unrestricted, irrevocable, perpetual, royalty-free, non-exclusive, fully transferable and sub-licensable licence to use your UGC in connection with the promotion or operation of the Game. To the extent permitted by law, you consent to us using your UGC without attribution and to editing, cropping or combining it with other material, and you agree not to enforce any moral rights against us or our licensees in respect of those uses.
You are responsible and liable for any content that you share in the Game or on the Platforms. You agree to indemnify and hold harmless the Company and its officers, employees, agents, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of content you share with or to the Loftia community.
So that Company can freely develop the Game with the benefit of community input and without ongoing restriction, you hereby assign all intellectual property rights in any feedback, suggestions or ideas that you share with us in connection with the Game. To the extent that any such rights cannot be assigned under applicable law, you hereby waive your existing or future rights and release us from any and all claims arising from our use of your feedback.
We may monitor and record your communications within the Game (including direct messages to other players) for moderation, player safety and support purposes, in accordance with our Privacy Policy, and you acknowledge that communications within the Game are not private.
The Game and all content within it are protected by Australian and international copyright law. Unless otherwise indicated, all rights (including copyright), title and interest in the Game and any content found anywhere within them (including but not limited to code, art, scripts, design elements and interactive features), are owned and/or controlled by Qloud (or our licensors). The Game may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of this Agreement. All trademarks, service marks and trade names (registered or otherwise) are owned, registered and/or licensed by Qloud.
Upon the successful payment of the relevant (and applicable) fees on your applicable digital store(s), we grant you a limited, worldwide, non-exclusive, royalty-free, revocable, non-commercial licence to access and use the Game exclusively for the purposes of viewing, playing, and interacting with the content within them through a valid Platform Account, on the platform through which you purchased the Game. Our Games and the content within it are to be used solely by you for entertainment and educational purposes, and for no other purposes. Your licence confers no title or ownership in the Game.
All rights not specifically licensed herein are expressly reserved by Qloud.
Your use of the Game is subject to all applicable local, state, national laws and regulations. By accessing and using the Game or any of its contents and functions, you agree to be bound by those laws. Nothing in these Terms prevents you from creating and monetising videos, streams and similar content featuring the Game in accordance with our Fan Content policy. In addition, you acknowledge and agree that your licence(s) to use the Game are subject to the following limitations (Licence Limitations); that is, you must not:
Any use of the Games in violation, contravention or breach of these Licence Limitations is a serious and material violation of this Agreement, and will result in an immediate termination of your license. Further, we may take any further 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.
This licence does not include, and you may not grant to any platform or other third party, any right to use footage of the Game or associated data to train, develop, or evaluate AI or machine-learning models, tools or technology or to include it in any dataset created for such purposes. No licence you grant to any platform or service in respect of your uploads includes, or is capable of conveying, AI or machine-learning training rights in the underlying Game content.
All characters, events, and portrayals contained in the Game are purely fictional and any resemblance to real events or real individuals whether alive or dead is coincidental.
We may deploy, upload or provide mandatory patches, updates or modifications to the Game which must be installed for you to continue to use the Game, in order to, for example: (i) to ensure compliance with applicable laws and/or reflect the change in relevant laws; (ii) perform temporary maintenance, fix bugs, implement technical adjustments and make improvements; (iii) update or upgrade the Game; (iv) to ensure the security of the Game; and (v) to combat against any illegal, harmful or unsafe activities associated with the Game.
Certain virtual in-game items may be available in the Game (“Virtual Items”). You acknowledge that you do not acquire any title to Virtual Items, and that you are granted a limited, worldwide, non-exclusive, non-transferable (except as permitted within the Game), royalty-free, revocable, non-commercial licence to use the Virtual Items, as permitted by the Game. Virtual Items are non-redeemable for out-of-game value, and you must not transfer or resell Virtual Items for commercial gain in any manner. As permitted by law, we retain the right to modify or remove any Virtual Items where reasonably necessary, for example to maintain game balance, fix bugs or exploits, comply with law, or in connection with broader changes to the Game, and you acknowledge that the effect and benefits of Virtual Items may change in the context of broader changes to the Game from time to time.
The Game includes a virtual currency, currently called “Pips” (“Virtual Currency”), which you can purchase through the platform on which you access the Game, or earn or receive in the Game, and exchange for Virtual Items. Virtual Currency is a Virtual Item and is licensed to you on the same terms. Virtual Currency has no monetary value, cannot be exchanged for money or anything of value outside the Game, and cannot be transferred to other players. Once you exchange Virtual Currency for a Virtual Item, that exchange is final, and Virtual Currency is not refundable except where required by law. We may set and change the Virtual Currency price of Virtual Items from time to time.
The Game, Virtual Currency and any Virtual Items or other paid content that you purchase with real money are sold through the platform on which you access the Game (currently Steam or the Epic Games Store), including where the purchase is initiated within the Game. Pricing, payment, taxes and refunds for those purchases are handled by the platform under its own terms. Virtual Items that you acquire within the Game using Virtual Currency are governed by the Virtual Items and Virtual Currency sections above, not by the platform’s terms.
If Qloud offers purchases directly in future, additional payment terms will apply and will be made available at the point of purchase, and these Terms will be updated accordingly.
We care about our users having a safe and positive experience with the Game. While using the Game, if you experience abuse, harassment, offensive behaviour or cheating, you can report this conduct in the Games or online to us. For the avoidance of doubt, this includes, but is not limited to, offensive (or inappropriate) user-generated content (e.g., usernames and chat messages), criminal activity, and in-game behaviour which constitutes harassment, abuse and/or cheating.
You can find the option to report unwanted behaviour in the Game. Should you wish to report conduct outside of the Game, you may also send a complaint or concern to us via our support email: [email protected]. Our moderation team will endeavour to get back to all reported conduct and complaints within a reasonable period of time. In some instances, we may need to share reported conduct (and complaints) with the platform through which you access the Game (currently Steam or the Epic Games Store), or with regulators or law enforcement where required by law.
Nothing in this Agreement is intended to exclude, restrict, modify, remove or have the effect of excluding, restricting or modifying, the application of any applicable laws in either Australia (including the Australian Consumer Law and consumer guarantees therein) or New Zealand (i.e., the New Zealand Consumer Guarantees Act 1993), or other applicable laws, that cannot be excluded, restricted or modified by agreement.
The Game and its contents 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. In particular, Qloud does not warrant that access to the Game or its content will be uninterrupted, continuous, maintained, free from cyberattacks and/or hacks and/or cracks, virus-free, error free, reliable, secure and/or compatible with any particular hardware and/or software or the continued operation or availability of any given server, feature, service, content, or gameplay. You assume all responsibility and risk for the use of the Game, and for the use of any third-party website or service within it, and to the fullest extent permissible by law, Qloud disclaims all liability for any loss, injury or damage resulting from your use of the Game, whether direct or indirect.
Subject to the Competition and Consumer Act 2010 (Cth), in no event will Qloud 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 associated with the Game. Our total aggregate liability with respect to our obligations under this agreement or otherwise with respect to the Game will not exceed the actual price paid for the license to use the Game and any Virtual Items and Virtual Currency in the 12 months before the claim. 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.
THIRD-PARTY SERVICES: To the maximum extent permissible by law, this Agreement expressly excludes and disclaims any representations, warranties, conditions and other liabilities relating to any third-party services in the Game. These services are provided to you on an “as is” and “as available basis”, and without warranty of any kind.
UNREAL ENGINE: The Game incorporates Unreal® Engine and related technology licensed from Epic Games, Inc. (“Epic”, and such technology, the “Epic Technology”). The Epic Technology is provided “as is.” To the maximum extent permitted by applicable law, Qloud, Epic, and Epic’s affiliates, licensors, and service providers expressly disclaim all representations, warranties, and conditions, whether express, implied, or statutory, relating to the Epic Technology, and none of them will have any liability to you arising out of or in connection with the Epic Technology, including for any direct, indirect, incidental, consequential, special, or exemplary damages or loss of profits.
You agree to indemnify and hold harmless Qloud and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Game, violation of this agreement, or any other actions connected with use of any content within or ancillary to the Games, 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.
We may terminate the license granted to you under this agreement and/or suspend your use (or access) to the Game, including through your Loftia Account or any Platforms Account if you breach this Agreement, as determined solely by us. We may do so without giving you any prior notice if the breach is serious, in our reasonable opinion. We may also terminate the license granted to you under this Agreement if we have any other valid reason to do so (for example, ceasing an online service for economic reasons).
Upon termination you must immediately cease using the Game and any content within it. You agree and acknowledge that you are not entitled to any refund for any amounts you paid for the Game, Virtual Items or Virtual Currency prior to any termination of this Agreement and the Terms.
To the extent permitted by law, we disclaim liability for any copyright infringement arising from any UGC. If you believe that your copyrights are being violated by UGC or other Game or Platforms materials, please contact us so that we may investigate your claims, and, if appropriate, modify or remove the infringing material. We require the following information before we are able to investigate your claim:
The above information should be provided to [email protected].
If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to [email protected]:
Under this Agreement or in connection with the Game, a “Dispute” means any dispute, challenge, claim, or controversy between you and Qloud that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Game, all marketing related to the Game, any licensed content, and all matters relating to or arising from this Agreement, including any disputes over the validity or enforceability of this agreement to arbitrate.
To the extent permitted by law, a Dispute shall be subject to these BINDING ARBITRATION AND CLASS ACTION WAIVER clauses irrespective of whether such Dispute arises from or exists in - contract, common law, statute, regulation, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable source of law. You acknowledge and understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited, and that this is reasonable herein. You may opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms, stating your name, Platform Account and that you opt out.
Parties to a Dispute concerning this Agreement or the Terms or download and use of the Game will first informally negotiate a potential settlement or resolution to the dispute, within 90 days (the “Internal Dispute Period”).
If a Dispute still exists upon the conclusion of the Internal Dispute Period, either party may initiate binding arbitration as the sole means (and method) to formally resolve the Dispute. Any arbitration will be administered by JAMS under its Streamlined Arbitration Rules and, where applicable, its Consumer Arbitration Minimum Standards (jamsadr.com/rules-streamlined-arbitration), as modified by this Agreement. The arbitration will be conducted by a single arbitrator by videoconference or written submissions unless the arbitrator decides an in-person hearing is necessary, in which case it will be held in the county where you reside. Your filing fee is limited to the consumer amount under the JAMS Rules; Qloud will pay all other JAMS fees, unless the arbitrator finds your claim was frivolous. The arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Either party may: (a) bring an individual claim in small claims court; (b) seek injunctive relief from a court to protect intellectual property rights or prevent unauthorised access to or interference with the Game; and (c) bring any claim that applicable law does not allow to be arbitrated.
If 25 or more arbitration demands raising similar claims are filed against Qloud by the same or coordinated counsel (“Coordinated Claims”): (a) up to 10 will proceed first as bellwether cases, with the rest held and no fees payable on them until they proceed; (b) after the bellwether cases, the parties will mediate the remaining claims at Qloud’s cost; and (c) if mediation fails, either party may elect by written notice to have the remaining Coordinated Claims resolved in court under the Governing Law section. Limitation periods are tolled while a Coordinated Claim is held.
To the maximum extent permitted by applicable law, the Parties agree to only bring any disputes in an individual capacity. You expressly agree not to:
If this Class Action Waiver is found unenforceable for a particular claim, that claim must be brought in court under the Governing Law section rather than in arbitration; all other claims remain subject to arbitration.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Platforms and the use of the Platforms (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
This agreement is the entire agreement, understanding and exhaustive statement of the terms between you and Qloud with respect to the subject matter hereof, and supersedes any other agreement or discussions, oral or written.
We reserve the right (as permitted by law) to amend and/or modify these Terms at any time, and by any means, including without limitation by positing the modifications to the Platforms or within the Game. Your continued use of the Game constitutes your acceptance of any modifications. If any future amendments or modifications are unacceptable to you or cause you to no longer comply with this Agreement, you must terminate, and immediately stop using and interacting with the Game.
This Agreement, including any dispute or claim arising from it (or in connection with the Games), will be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You agree to be bound by the laws of that state and (subject to the Other Dispute Resolution section) submit to the exclusive jurisdiction of that State, including any Courts that are entitled to hear appeals. Subject to the Other Dispute Resolution section, the Parties agree to waive any jurisdictional, venue or inconvenient forum objections (or right to challenge) (except either party’s rights to remove a case to federal court if permissible), as well as any right to a trial by jury. You acknowledge and agree that The Convention on Contracts for the International Sale of Goods will not apply to this Agreement and Our Game.
To the maximum extent permissible by any applicable law, you acknowledge and agree that any law, regulation, doctrine or rule which enables the language of a contract to be construed against the party who has drafted or proposed said terms or contract, will not apply to this Agreement.
We may assign this Agreement and/or the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not make any assignments without our prior written consent. Any assignment by you without our prior written consent shall be void.
Notices to you may be made by posting a notice (or a link to a notice) through the Game, by email, or on our Platforms, at our sole and absolute discretion.
Our failure to enforce a provision of this Agreement or the Terms shall not be construed as a (1) waiver of such provision, or (2) diminishment of any right to enforce such provisions. Further, we may choose to waive enforcement of a provision of this Agreement or the Terms in a particular instance; however, you are still obligated to comply with that waived provision in the future.
If any part of this Agreement or the Terms are determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Agreement and Terms shall be given full force and effect.
All provisions reasonably necessary to preserve any and all rights and available claims by us survive termination of this Agreement and the Terms for any reason.
