Terms of Use

Effective (last update): 06 Jul 2025

Introduction

The Terms of Use establish the legal relationship between you and CheeseBerries Limited, a registered New Zealand company (Business number 9429047732216), located at 63B Barr St, Dunedin, New Zealand ('CheeseBerries,' 'Us,' or 'We'). These terms govern your use of CheeseBerries’ games, websites, and related services ('the Service'), which include all information, text, graphics, software, and services available to you. Your use of our website, services, software downloads and mobile game downloads from app stores constitutes your acceptance of these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE REFRAIN FROM USING OUR WEBSITE, DOWNLOADING, OR PLAYING ANY OF OUR GAMES.

CheeseBerries has the authority to modify these Terms of Use at any time, with the updated terms becoming effective immediately upon posting on this website. CheeseBerries also reserves the right to alter or update the content and format of the website and its games at any time without prior notice. Furthermore, CheeseBerries retains the discretion to terminate or restrict access to the website for any reason at its sole discretion.

Intellectual Property Rights

The content and materials on the Site, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively known as the “Content”), along with any trademarks, service marks, and logos contained therein (referred to as the “Marks”), are the exclusive property of our company or are used under licence. These elements are protected by copyright, trademark, and other intellectual property laws in New Zealand, as well as international copyright statutes and conventions. The Content and the Marks are made available on the Site solely for your informational and personal use. Unless explicitly stated in these Terms of Use, you may not copy, reproduce, compile, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, licence, or otherwise commercially exploit any part of the Site, the Content, or the Marks without our prior written consent.

Subject to your compliance with these Terms of Use and your eligibility to access the Site, we grant you a limited licence to access and use the Site. This licence includes the right to download or print portions of the Content that you have rightfully accessed, solely for your personal, non-commercial use. We retain all rights not explicitly granted to you in the Site, the Content, and the Marks.

Content Rights

"Content" encompasses all software (including games, titles, and code), communications (like stories, dialogues, and character information), images, sounds, audio-visual effects, accounts, virtual currency and items, and other materials produced by CheeseBerries, or made available while playing our games. It also includes any feedback or suggestions you provide about our games. Unless explicitly stated otherwise, all this Content is owned, controlled, and/or licensed by CheeseBerries. We reserve the right to use this Content for any purpose, including commercial and promotional uses, without any obligation to compensate you. This Content is protected under the copyright laws of relevant jurisdictions and cannot be used unauthorised.

CheeseBerries maintains all rights, including intellectual property and other proprietary rights, related to its games. You are prohibited from copying, redistributing, publishing, creating derivative works from, or exploiting any of our Content in violation of CheeseBerries’ or any third party's intellectual property rights. CheeseBerries’ logos, game titles, characters, and elements are trademarks and cannot be used without prior written consent.

If you retain any rights, title, or interest in our Content, you agree to assign all such rights, titles, and interests to CheeseBerries without additional consideration, applicable in perpetuity under all laws. If such assignment is ineffective, you grant CheeseBerries a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute, and incorporate this Content in any form or media.

CheeseBerries may monitor Content within our games but does not commit to monitoring everything. We may edit, refuse to post, or remove any Content we deem objectionable or in violation of our Terms. If you find any objectionable content, please contact us. However, we are not liable for any Content generated by users.

You acknowledge that CheeseBerries may use tracking features to gather information about your game usage, and such information will be considered Content under these Terms.

Warranties, Disclaimers, and User Representations

By using this Site, you acknowledge and agree to the following terms:

  • Warranties and Disclaimers: All information, software, and services provided on this Site are offered "AS IS". We expressly disclaim all warranties, whether expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations regarding the accuracy, completeness, timeliness, or reliability of the Site’s content and services. We are not responsible for any errors or omissions in the information or for any damage or loss resulting from your use of the Site.
  • Limitation of Liability: We shall not be liable for any direct, indirect, consequential, punitive, special, or incidental damages resulting from, or in connection with, your use of the Site. This includes damages for loss of business, data, revenue, or business interruptions.
  • Risk and Responsibility: Any downloading or use of software or services from the Site is at your own discretion and risk. You are solely responsible for any damage to your device or loss of data that results from such activities.
  • User Obligations: You represent that you have the legal capacity to comply with these Terms of Use, are not a minor in your jurisdiction, will not use automated means to access the Site, will not use the Site for illegal purposes, and will comply with applicable laws and regulations. You are responsible for providing accurate and complete information. We reserve the right to suspend or terminate your account for providing false, inaccurate, or incomplete information.

These terms reflect the conditions under which you may use the Site and outline our limitations and disclaimers regarding the services we provide.

Use of Software

The software available for download from app stores, including versions on social networks and all related documentation, is copyrighted work of CheeseBerries. The use of this software is subject to the terms of the end-user licence agreement (EULA) that accompanies or is included with the software. You must agree to the EULA terms before using, downloading, or installing the software.

You are prohibited from using, copying, republishing, downloading, modifying, distributing, licensing, sublicensing, decompiling, disassembling, creating derivative works from, or reverse engineering the software and other products, services, or processes available through our website or games, except as explicitly authorised in the EULA or as expressly permitted in these terms. Additionally, you agree not to transmit, upload, or attempt to introduce viruses, adware, spyware, worms, or any other malicious or invasive code.

The software is provided "AS IS," and CheeseBerries disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. You bear the entire risk of using the software.

Please be aware that the performance and availability of features in our software may vary by platform and are dependent on your device and other equipment.

CheeseBerries grants you a non-exclusive, non-transferable, revocable, and limited licence to use our software, strictly for purposes outlined in the licence. Any unauthorised or illegal use of our software is your responsibility.

User Conduct Guidelines

Your interaction with our Service is subject to the User Conduct Guidelines maintained and enforced by CheeseBerries. It is your responsibility to be fully aware of, understand, and adhere to these guidelines. While not exhaustive, CheeseBerries reserves the right to determine conduct that may be deemed contrary to the spirit of the Games and to enforce disciplinary actions, which may include account termination and restrictions on service use. User Conduct encompasses all facets of your engagement with the Games, including in-game name selection, message posting, interactions with other users, and game access. Be aware that violations of the User Conduct, as determined by CheeseBerries in its sole discretion, may lead to restricted access to certain items or services, and severe breaches may result in account termination and service prohibition.

You agree not to engage in the following:

  • Transmit or post any offensive content or language, as deemed by CheeseBerries, including but not limited to unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, sexually explicit, or discriminatory content, or any attempt to bypass language restrictions.
  • Publicly disclose another user’s personal information without their explicit consent, though sharing your own personal information is permissible.
  • Infringe upon the rights of any party, or engage in or promote illegal activities.
  • Misuse CheeseBerries’s support services, including submitting false reports of abuse or misconduct.
  • Tamper with, disable, or attempt to circumvent any security or usage-limiting features of the Games or their Content.
  • Engage in activities or actions that fraudulently exploit or harm other users, particularly in relation to Virtual Currency or Items.
  • Sell or trade CheeseBerries’s Games, parts thereof, including Virtual Currency, Items, or user accounts, for real currency or items of monetary value.
  • Engage in cheating or other fraudulent activities deemed against the spirit of the Games by CheeseBerries.
  • Utilise or participate in the use of unauthorised third-party software that alters or interferes with the Service and/or any CheeseBerries Games.

Usage by Minors

To access and use our website or Games, you must be at least 16 years of age. If you are between 16 and 18 years old (or the age of majority in your jurisdiction), we advise obtaining permission from a parent or legal guardian before using our website or Games.

Account Registration and Usage

When registering an account (“Account”) on our Service, you are responsible for safeguarding your login credentials (including social media accounts) and ensuring they are not shared with anyone.

You must not buy, sell, rent, or give away your Account, nor make it available to third parties. Creating an Account with false information or on behalf of someone other than yourself is also prohibited.

If your Account credentials are disclosed, or if your Account is shared with others (whether deliberately or accidentally), you are fully responsible for the outcomes (such as unauthorised purchases). You also agree to compensate us for any losses or damages that may result.

You acknowledge that you do not have ownership or property rights in your Account. CheeseBerries reserves the right to suspend, terminate, modify, or delete your Account at any time, for any or no reason, with or without notice.

Your Account is not to be used for commercial purposes. This includes but is not limited to advertising, solicitation, or sending commercial advertisements like junk mail, spam, chain letters, etc.

Termination of Service

CheeseBerries reserves the right to take appropriate actions, including but not limited to terminating your account and prohibiting partial or full use of our Service (which may involve deleting your account), if we reasonably suspect that you have violated or breached any of these terms. Should we suspend or terminate your account, you will lose access to the account and any associated Content.

Governing Law

These Terms of Use and any disputes arising from them will be governed by and interpreted in accordance with the laws of New Zealand.

Severability Clause

If any portion of these terms is found to be invalid or unenforceable, either in whole or in part, under applicable laws or by a court, that portion shall be deemed severable from these terms. The invalidity or unenforceability of such a portion will not affect the validity and enforceability of the remaining terms, which shall continue to be in full effect.

Supplemental Policies

CheeseBerries may issue additional policies related to specific services, including but not limited to forums, contests, or loyalty programs. Your use of these services is conditional upon your adherence to these supplemental policies, in addition to these Terms of Use.

BY USING THE INFORMATION, CONTENT, OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.

For any inquiries or feedback, please reach out to us at [email protected]