Ghost Cactus Games Terms of Use
1. Acceptance of Terms
These Terms of Use (“Terms”) are an agreement between you and Ghost Cactus Games, Inc. (“Ghost Cactus Games,” “we,” “our,” or “us”) governing your use of our mobile games, websites, and related services (collectively, the “Services”).
BY DOWNLOADING, ACCESSING, OR USING THE SERVICES, YOU AGREE TO THESE TERMS.
If you are under the age of legal majority in your jurisdiction, your parent or legal guardian must review and accept these Terms on your behalf and assumes responsibility for your use of the Services.
2. Limited License
The Services are licensed, not sold. Subject to your compliance with these Terms, Ghost Cactus Games grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Services solely for your personal, non-commercial entertainment use.
All rights not expressly granted are reserved by Ghost Cactus Games, Inc.
3. Virtual Currency and Virtual Items
The Services may include virtual currencies, cosmetics, boosts, unlockables, characters, consumables, loot boxes, or other digital items (“Virtual Items”).
Virtual Items:
- have no real-world monetary value;
- are licensed, not owned;
- may not be redeemed for cash;
- may not be transferred or sold outside the Services unless expressly authorized by us.
Ghost Cactus Games reserves the right to modify, rebalance, remove, suspend, discontinue, or re-price any Virtual Items or gameplay systems at any time without liability.
4. Purchases and Billing
Certain features of the Services may require payment through Apple App Store, Google Play, or other third-party storefronts. All purchases are final except where required by applicable law or platform policy. Refunds are handled by the applicable app marketplace and not directly by Ghost Cactus Games unless otherwise required by law.
5. User Conduct
You agree not to:
- cheat, exploit bugs, or use unauthorized software;
- reverse engineer or decompile the Services;
- interfere with Service security or operation;
- use the Services for unlawful purposes;
- harass or abuse other users;
- exploit the Services commercially without authorization.
Violation of these Terms of Use may result in suspension or termination of access to the Services.
6. Intellectual Property
All rights, title, and interest in the Services, including all artwork, designs, code, gameplay systems, music, sounds, text, graphics, characters, logos, and Virtual Items are owned by Ghost Cactus Games, Inc. or its licensors and are protected under intellectual property laws.
7. Updates and Service Changes
Ghost Cactus Games may update, modify, suspend, discontinue, rebalance, or remove portions of the Services at any time. Gameplay mechanics, progression systems, Virtual Items, rewards, and features may change over time. We are not liable for any loss of gameplay progress, Virtual Items, or access resulting from updates or Service changes.
8. Privacy
Your use of the Services is also governed by our Privacy Policy.
9. Third-Party Services
The Services may contain links to or integrations with third-party platforms or services including Apple, Google, Unity, PlayFab, analytics providers, or payment providers. Ghost Cactus Games is not responsible for third-party services or their policies.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. GHOST CACTUS GAMES DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED AVAILABILITY.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GHOST CACTUS GAMES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF: (a) THE AMOUNT YOU PAID TO GHOST CACTUS GAMES IN THE SIX MONTHS PRECEDING THE CLAIM; OR (b) FIFTY U.S. DOLLARS ($50).
12. Termination
Ghost Cactus Games may suspend or terminate your access to the Services at any time if you violate these Terms or if we reasonably believe your use creates risk or liability. You may stop using the Services at any time.
13. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY.
To the maximum extent permitted by applicable law, disputes arising from these Terms of Use or the Services shall be resolved through binding individual arbitration rather than in court, except that either party may bring qualifying claims in small claims court. YOU AND GHOST CACTUS GAMES WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS. This arbitration provision does not apply where prohibited by law.
14. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles.
15. Apple App Store Terms
If you access the Services through Apple devices:
- these Terms are between you and Ghost Cactus Games, not Apple;
- Apple is not responsible for the Services or support;
- Apple is a third-party beneficiary of these Terms solely as required under Apple’s App Store policies.
16. Changes to These Terms
Ghost Cactus Games may update these Terms from time to time. Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.
17. Contact Information
Ghost Cactus Games, Inc.
Email: info@ghostcactusgames.com