BALLGAME.COM Pty Ltd (ABN 26 684 394 036) ('BALLGAME.COM') owns and operates the website at https://www.ballgame.com (“Website”).
These Terms of Service (the "Terms of Service") govern the use of the Website.
By using the Website you confirm that you have read and understand these Terms of Service and agree to abide by them at all times. The BALLGAME.COM Privacy Policy is incorporated into these Terms of Service by reference. By agreeing to the Terms of Service you also agree to the BALLGAME.COM Privacy Policy.Terms of Use
By accessing or using BALLGAME.COM, you agree to comply with these Terms of Service, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these terms, you may not access or use our services.
Acceptable Use
As a user of our Website, you agree to use our Website legally, and that you will not use our Website for unlawful purposes, and you will not improperly treat, or be disrespectful to, any other member of our community.
You must not violate the intellectual property rights of the Website owners or any third party to the Website, and you must not gain unauthorized access to any other user's account.
YOU ARE RESPONSIBLE FOR SECURELY MAINTAINING YOUR OWN ACCESS CREDENTIALS.
You must not act in any way that could be considered fraudulent, or post any material that may be deemed inappropriate or offensive.
If we believe you are using our site unlawfully, or in a manner that violates these Terms of Service, we reserve the right to limit, suspend or terminate your access to our site. We also reserve the right to take any legal steps necessary to prevent you from accessing our site.
Accounts
When you create an account on our Website, you agree to the following:
(a) you are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
(b) all personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Website illegally or if you breach these Terms of Service.
Intellectual Property Rights
All content, trademarks, and features on BALLGAME.COM belong to us or our licensors.
Users cannot use, copy, or distribute our intellectual property without permission.
All content published and made available on our Website is the property of BALLGAME.COM unless otherwise stated. This includes, but is not limited to images, text, logos, documents, smart contracts, NFTs, code, downloadable files and anything that contributes to the composition of our Website.
License and Restrictions
BALLGAME.COM grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for personal, non-commercial purposes. You may not:
(i) Modify, copy, or distribute any content without our written permission.
(ii) Use our platform for any illegal or unauthorized purpose.
(iii) Attempt to reverse engineer or exploit our systems.
(iv) Sell, transfer, or sublicense your account.
(v) Circumvent security measures or tamper with our services.
Violation of these terms may result in account suspension or termination.
Disclaimer of Warranties
BALLGAME.COM is provided “as is” and “as available” without warranties of any kind, either express or implied.
We do not guarantee uninterrupted access, accuracy, or reliability of content. You use our platform at your own risk.
Limitation of Liability
BALLGAME.COM is not liable for any damages, including but not limited to loss of profits, data, or business opportunities, resulting from the use or inability to use our services.
Content and Accuracy
We strive to provide accurate and up-to-date information, but we do not guarantee the completeness, accuracy, or reliability of any materials on our platform. Content may be updated or removed at any time without notice.
External Links
BALLGAME.COM may contain links to third-party websites. We are not responsible for the content, policies, or practices of these external sites. Use them at your own risk.
Modifications to Terms
We reserve the right to modify these terms at any time. Continued use of BALLGAME.COM after updates constitutes acceptance of the revised terms.
Governing Law
These Terms of Service are governed by the laws of the jurisdiction in which BALLGAME.COM operates, being Victoria, Australia.
Paid Services and Payment Information
These Terms of Service govern the sale of goods and services available on our Website.
There are no fees for the use of many aspects of the Services. However, some services, features, and products may be available for purchase ("Paid Services").
By purchasing or using Paid Services, you agree to these Terms of Service.
We cannot guarantee the quality or accuracy of any digital goods and services sold on our Website, however, if we are made aware that a user is in breach of these Terms of Service, we reserve the right to suspend or prohibit the user from accessing or interacting with our Website.
(a) Overview
While many aspects of the Services are free, BALLGAME.COM offers certain virtual items, subscriptions, and features as Paid Services. These include virtual assets such as "Shots," which can be purchased in bundles, but Coins and Tickets cannot be directly bought.
(b) Payment Information
To purchase Paid Services, you may submit payment details such as a debit card, credit card, or other methods via our Services. We work with third-party payment processors (e.g., Apple, Google, Stripe, PayPal, Dynamic) to process payments. By submitting payment details, you agree that:
(i) Your Payment Information is accurate and authorized for use.
(ii) You will pay all applicable fees, taxes, and charges on time.
(iii) You authorize us and our Payment Partners to charge your account for Paid Services.
(iv) Payment Partner terms and conditions and/or policies may also apply.
( 𝚌) Changes to Fees
BALLGAME.COM reserves the right to change the fees associated with Paid Services at any time with reasonable notice. Temporary promotions or discounts may not require prior notice.
(d) Third-Party Paid Services
Some Paid Services may be offered by third-party sellers within the BALLGAME.COM ecosystem. We act as a payment facilitator but are not responsible for the quality or fulfillment of third-party services.
(e) Discounts and Gifts
BALLGAME.COM may offer limited-time discounts or gifting options for Paid Services. If participating in a trial period for a subscription, you must cancel before the end of the trial to avoid automatic charges.
(f) Refund Policy
All purchases are final, non-refundable, and non-returnable, except where required by law.
(g) Taxes and Fees
You are responsible for all applicable taxes, fees, and costs associated with your purchase of Paid Services, including internet and data charges.
Subscriptions
(a) Ballgame Subscription
Ballgame Premium is a subscription that grants users special perks, offers, and/or rewards as well as enhanced access to exclusive features within the BALLGAME.COM ecosystem.
By purchasing any BALLGAME.COM subscription, you expressly agree to recurring payments at the specified intervals (monthly or annually) until canceled by you or BALLGAME.COM.
Users can manage their subscriptions and Payment Information via their account settings within the platform. Payments are processed on the calendar day corresponding to the start of the subscription period.
If a subscription starts on a date not available in the next billing period (e.g., March 31), billing will occur on the last available day of that period.
If a subscription payment fails due to insufficient funds or incorrect payment details, the user must update their Payment Information to maintain access. If successfully charged, the new billing period will retain the original renewal date rather than the updated payment date.
BALLGAME.COM reserves the right to modify the subscription pricing and features with advance notice. Continued use beyond the notified change date constitutes acceptance of the new pricing. Users who do not wish to accept the price change may cancel their subscription before the renewal date.
(b) Subscription Cancellation
Users can cancel their subscriptions at any time. To prevent auto-renewal, cancellation must occur at least 24 hours before the next billing cycle.
To cancel, users must follow the instructions for their platform:
(i) Your Payment Information is accurate and authorized for use.
(ii) Apple App Store: Manage subscriptions through Apple ID settings.
(iii) Google Play: Cancel subscriptions in the Google Play Subscriptions section.
A subscription remains active until the end of the current billing cycle. Users will retain premium access until expiration but will not receive prorated refunds or credits for unused time.
Each subscription is tied to a single user account and is non-transferable. Upon cancellation, users will lose access to any premium features, including saved virtual assets associated with the subscription.
User Conduct
Users must not engage in harassment, fraud, hacking, or other harmful activities.
Violations may result in account suspension or permanent bans.
Risk Acknowledgment
Users assume the risks of losing access to their accounts, changes in services, and interactions with other users.
BALLGAME.COM is not responsible for any losses due to third-party actions.
User-Generated Content
Users grant BALLGAME.COM a license to use, modify, and distribute any content they submit.
We reserve the right to remove content that violates our policies.
Prizing and Rewards
Any prizes or rewards are subject to eligibility, verification, and compliance with local laws.
Fraudulent activities may void rewards.
Privacy Policy and Data Usage
We collect and process user data per our Privacy Policy.
Users consent to data collection for improving our services.
Account Termination
We may suspend or terminate accounts that violate these terms.
Users can request account deletion, but certain data may be retained as required by law.
Third-Party Services
We may integrate third-party services, but we are not responsible for their performance or policies.
Links to Other Websites
Our Website contains links to third party websites or services that we do not own or control.
We are not responsible for the content, policies, or practices of any third party website or service linked to on our Website.
It is your responsibility to read the terms and conditions and/or privacy policies of these third party websites before using these sites.
Dispute Resolution
Any disputes must be resolved through arbitration or mediation before legal action.
Limitation of Liability
BALLGAME.COM Operators refers to all parties that run, and are responsible for the Website, and includes legal persons, unincorporated associations, foundations, and DAOs if applicable.
BALLGAME.COM and the BALLGAME.COM Operators, which includes our representatives, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, OR OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE.
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR PARTICIPATION OR ANY OTHER ACT OR OMISSION BY USTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, AND OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE PLATFORM AND TO CLOSE YOUR CUSTOMER ACCOUNT. YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS IN CLAUSE 6, AND THE INDEMNITIES AND LIMITATIONS OF LIABILITY IN CLAUSE 6 ALSO, ARE MATERIAL AND BARGAINED FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS OF SERVICE. Depending on where you reside and use the Platform, some of the limitations contained in clause 23 may not be permissible. In such case, they will not apply to you, solely to the extent that they are prohibited
Indemnity
Except where prohibited by law, by using the Website you indemnify and hold harmless BALLGAME.COM, the BALLGAME.COM Operators which includes our representatives, officers, agents, employees, related entities, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your breach of these Terms of Service.
Applicable Law
These Terms of Service are governed by the laws of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia for any dispute arising from the use of this website and these Terms of Service.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms of Service will not limit your legal rights and remedies under that legislation.
These Terms of Service will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Service and that legislation, the mandatory provisions of the legislation will apply.
Severability
If at any time any of the provisions set forth in these Terms of Service are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Service.
All other provisions will not be affected by the removal and the rest of these Terms of Service will still be considered valid.
Changes
These Terms of Service may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Website and the way we expect users to behave on our Website.
We will notify users by email of changes to these Terms of Service or post a notice on our Site.
Consent and Acceptance
By using BALLGAME.COM, you agree to these Terms of Service and any updates we implement.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Date of last update: March, 2025