Terms and Conditions
1. Agreement to these Terms
These Terms and Conditions ("Terms") are a binding agreement between you and Upstream Lion Art, operated by Dan La Ferlita ("Upstream Lion Art", "we", "us" or "our"). They govern your use of Hexface: Ghoul Horde, including the mobile app, the web version and any updates (together, the "App").
By checking the agreement box in the App, or by downloading, installing, opening or playing the App, you agree to these Terms. If you do not agree, do not use the App.
If you use the App for a parent's or guardian's child, you agree to these Terms for yourself and on the child's behalf.
2. Who can play
- Age. You must be at least 13 years old to use the App. If you are 13 to 17 (or under the age of majority where you live), you may use the App only with the involvement and permission of a parent or legal guardian who has read and agreed to these Terms.
- Frightening content. The App contains horror themes, including possessed creatures, skulls, lunging attacks, red screen flashes and sudden sounds. It may be frightening or upsetting. Parents and guardians should decide whether it is suitable for their child.
- Supervision. Parents and guardians are responsible for supervising minors while they play, including making sure the play area is safe (see Section 7).
- Legal use. You may not use the App where doing so is prohibited by law, or if you are barred from receiving software under the laws of the United States or any other applicable country.
3. Your license to use the App
- License. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the App for your own private, non-commercial entertainment on devices you own or control. Where you obtained the App from an app store, this license is also limited by that store's usage rules.
- Ownership. The App is licensed, not sold. We and our licensors keep all rights, title and interest in the App that are not expressly granted to you.
- Restrictions. Except as these Terms allow or applicable law permits despite this restriction, you may not: copy, modify or create derivative works of the App or its artwork; sell, rent, lease, lend, sublicense, distribute or publicly perform the App; reverse engineer, decompile or disassemble the App beyond what the law allows; remove or alter any copyright, trademark or other notices; or use the App, its characters or its artwork to build or train any other product or service.
4. Purchases, pricing and refunds
- Price. The App may be offered for a one-time price (for example, US$0.99) through the Apple App Store or Google Play. Prices are set in each store and may vary by country, include or exclude taxes as the store displays, and change over time. A price change does not affect a purchase you have already made.
- Payment. Payments are processed by the app store, not by us. We never receive or store your payment card details. Your purchase is also governed by the store's own terms.
- Refunds. Refund requests are handled by the app store under its policies. For the Apple App Store, visit reportaproblem.apple.com. For Google Play, use the order history in your Google account. We cannot issue refunds directly for store purchases.
- Web version. Any web version of the App may be provided free of charge, for testing or preview, and may be changed or withdrawn at any time.
- No in-app purchases or ads. At the time of these Terms, the App has no in-app purchases, subscriptions or advertising. If we add any, we will tell you clearly in the App before you are charged.
- Your legal rights. Nothing in this Section limits any refund or consumer rights you have under laws that cannot be waived by contract.
5. Camera, motion sensors and photos
- What the App uses. With your permission, the App uses your device's rear camera to show your room behind the game, your front or rear camera to take face photos, your photo library if you choose a photo from it, and your device's motion sensors so you can aim by moving the phone. You can deny or withdraw these permissions in your device settings. Some features will then not work, and the App falls back to a drawn room and touch controls.
- Everything stays on your device. Live camera video is shown on your screen and is never recorded, saved or transmitted. Face photos you add are cropped and saved only in your device's local storage so they are there the next time you play. We do not receive, upload, view or keep copies of your photos, camera video or sensor readings.
- No facial recognition. The App does not detect, scan, measure or analyze faces. It does not create face geometry, face templates, faceprints or any other biometric identifier, and it does not try to identify anyone. A face photo is used only as a picture that is placed inside a cartoon creature's head.
- Deleting photos. You can delete a face at any time by tapping it on the title screen and choosing "Remove face". Deleting the App, or clearing its data or your browser's site data, also deletes all saved faces and your best score.
- Your device, your responsibility. Because photos are stored on your device, anyone with access to your unlocked device may be able to see them. Keep your device secure. We are not responsible for loss of locally stored data, which can happen if the App is deleted or storage is cleared by you, your browser or your operating system.
6. Using other people's faces
- Consent first. You may add a face photo of another person only if that person has agreed to it. For a child under 18 (or under the age of majority where you live), you must have permission from the child's parent or legal guardian.
- Your own rights. You must have the right to use every photo you add, including any rights in the photo itself and any privacy or publicity rights of the person pictured.
- No harmful use. You must not use the App, or screenshots or recordings of it, to bully, harass, threaten, intimidate, demean, shame or sexualize anyone; to target someone because of a protected characteristic; to impersonate someone; or to suggest that a real person endorses or is associated with something they are not.
- Public figures. Do not use the faces of celebrities, politicians or other public figures in ways that could mislead others or imply their endorsement.
- Sharing. If you share a screenshot or recording that shows someone's face, you are solely responsible for getting their permission and for complying with all laws and platform rules that apply where you share it.
- We don't monitor. Because photos never leave your device, we cannot see, review or remove them. You alone are responsible for the faces you choose and how you use the results.
7. Health and safety
Please read this section before playing. The App is played by turning, raising and lowering your phone while looking at the screen. It can take your attention away from your real surroundings.
- Clear the space. Play only in a safe, open area free of obstacles, furniture edges, pets, people, stairs, open flames, water and anything you could trip on, walk into or knock over. Stay standing or seated in one place, and turn rather than walk.
- Never play while moving. Do not play while driving, cycling, walking, operating machinery, or anywhere you need to pay attention to traffic or other hazards, including roads, parking lots, platforms, balconies and pools.
- Hold on. Grip your device securely. Quick turns can make it slip. We are not responsible for damage to your device.
- Photosensitive seizures. A very small percentage of people may experience seizures when exposed to certain light patterns or flashing lights, including flickering effects and screen flashes like those in this App, even with no history of epilepsy. If you or anyone in your family has an epileptic condition, consult a doctor before playing. Stop playing immediately and consult a doctor if you experience dizziness, altered vision, eye or muscle twitching, loss of awareness, disorientation, any involuntary movement or convulsions. Parents should watch for these symptoms in children.
- Motion discomfort and strain. Augmented reality and camera-based games can cause dizziness, nausea, eye strain or tired arms. Take a break every 20 to 30 minutes, and stop if you feel unwell.
- Children. An adult should set up a safe play area for children and supervise them while they play.
- Your responsibility. You play at your own risk and are responsible for your surroundings, your safety and the safety of others nearby while you use the App.
8. Acceptable use
You agree not to use the App to break any law or anyone's rights, to interfere with or disrupt the App or the servers that host it, to introduce malicious code, to probe or attack the App's security, or to use automated means to access the web version except as a normal browser would. You also agree not to help anyone else do any of these things.
9. Intellectual property
- Our content. The App and everything in it, including its code, artwork, creatures and characters, logos, text, sounds, design and the names "Hexface", "Hexface: Ghoul Horde" and "Upstream Lion Art", are owned by Upstream Lion Art or its licensors and are protected by copyright, trademark and other laws. These Terms do not give you any right to use our names, logos or trademarks.
- Your photos. You keep all rights in the photos you add. Because they stay on your device, you grant us no license to them.
- Screenshots. You may take and share screenshots and short recordings of your own gameplay for personal, non-commercial purposes, as long as you follow Section 6 and do not suggest that we sponsor or endorse what you share.
- Feedback. If you send us ideas, suggestions or feedback, we may use them for any purpose without owing you anything, and you will not send us anything you do not have the right to share.
10. Privacy
- No account, no tracking. The App has no user accounts, analytics, advertising or tracking, and we do not collect your name, email address, contacts, location, photos or camera video.
- What is stored on your device. The App saves the following in your device's local storage only: up to three cropped face photos, your best score, and a record that you agreed to these Terms (with the version you agreed to).
- Technical data handled by service providers. When the web version is loaded, or fonts are loaded, standard technical information such as your IP address, device and browser type, and the date and time of the request is sent to the services that deliver them (see Section 11). These providers process it under their own privacy policies. App stores also collect information about your purchase and downloads under their own policies.
- Children. The App is not directed to children under 13, and we do not knowingly collect personal information from anyone, including children.
- Privacy Policy. Our Privacy Policy [LINK TO PRIVACY POLICY] explains our privacy practices in more detail and forms part of these Terms.
11. Third-party services and links
- Services the App relies on. The App may be distributed by Apple (App Store) and Google (Google Play); its web version may be hosted by Cloudflare, Inc.; and its fonts are delivered by Google Fonts. Your use of those services is subject to their own terms and privacy policies, and we are not responsible for them.
- Links. The App links to our website, upstreamlion.com, where original art, books and resin sculptures may be offered for sale. Anything you buy there is governed by the terms shown on that website, not by these Terms. If the App links to any other third-party site, we do not control and are not responsible for it.
12. Updates and availability
We may update, change, suspend or discontinue the App, or any feature of it, at any time. Updates may be required to keep playing, may change gameplay or balance, and may be installed automatically depending on your device settings. The App needs a compatible device with a working camera and motion sensors for its full experience, and we do not promise that it will work on every device, operating system or browser. We are not obligated to provide support or maintenance, except as required by law or by Section 18.
13. Disclaimers
To the fullest extent permitted by law, the App is provided "as is" and "as available", with all faults and without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment and accuracy.
Without limiting the above, we do not warrant that the App will be uninterrupted, error-free, secure or free of harmful components; that aiming, motion tracking or the camera view will be accurate; or that saved faces or scores will never be lost. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
14. Limitation of liability
- To the fullest extent permitted by law, Upstream Lion Art and its owner, contractors and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, profits, goodwill or device use, arising out of or relating to the App or these Terms, even if we have been told such damages are possible.
- To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the App or these Terms is limited to the greater of (a) the amount you paid for the App in the 12 months before the claim arose, or (b) US$10.
- What we don't exclude. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for death or personal injury caused by our negligence, for fraud, or under non-waivable consumer protection laws. If you live in the European Union, the United Kingdom, Australia or another place with mandatory consumer rights, you keep those rights.
15. Indemnity
To the extent permitted by law, you agree to defend, indemnify and hold harmless Upstream Lion Art and its owner, contractors and licensors from any claims, damages, losses and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your use of anyone's face or image without permission, anything you share that was made with the App, or your violation of any law or third-party right. This Section does not apply to consumers where the law does not allow it.
16. Termination
You may stop using the App at any time by deleting it. These Terms and your license end automatically if you breach them. We may also suspend or end your access to the web version, or stop offering the App, at any time. When these Terms end you must stop using the App and delete it. Sections 3.2, 3.3, 6, 9 and 13 through 21 survive the end of these Terms.
17. Governing law and disputes
- Governing law. These Terms are governed by the laws of the State of [STATE], United States, without regard to its conflict-of-law rules. If you are a consumer living outside the United States, you also benefit from any mandatory protections of the law of the country where you live.
- Talk to us first. If you have a problem with the App, please contact us first (Section 22). Before starting any formal claim, you and we agree to try to resolve the dispute informally for at least 30 days after one of us sends the other a written description of it.
- Courts. If a dispute is not resolved informally, it will be decided exclusively by the state or federal courts located in [COUNTY], [STATE], and you and we consent to their jurisdiction, except that either of us may bring an individual claim in small-claims court where it qualifies, and consumers outside the United States may bring claims in the courts where they live if their law gives them that right.
- Time limit. To the extent permitted by law, any claim relating to the App or these Terms must be brought within one year after it arose.
18. Additional terms for Apple devices
If you got the App from the Apple App Store, the following terms also apply and override anything in these Terms that conflicts with them:
- Parties. These Terms are between you and Upstream Lion Art only, not Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.
- Scope of license. Your license is limited to use of the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. We are solely responsible for any maintenance and support of the App, as described in these Terms or required by law. Apple has no obligation to provide any maintenance or support for the App.
- Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility.
- Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
- Intellectual property claims. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
- Legal compliance. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer contact. Questions, complaints or claims about the App should be sent to us using the details in Section 22.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the App.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
19. Additional terms for Google Play
If you got the App from Google Play, your purchase and download are also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App. If these Terms conflict with the Google Play Terms of Service regarding your use of Google Play, the Google Play Terms of Service apply to that conflict.
20. Changes to these Terms
We may change these Terms from time to time, for example to reflect new features or changes in the law. We will update the "Last updated" date and version at the top. If a change is material, the App will ask you to agree to the new version before you play again. Changes do not apply to disputes that arose before the change. If you do not agree to the changed Terms, stop using the App.
21. General
- Entire agreement. These Terms, together with our Privacy Policy and any app store terms that apply, are the entire agreement between you and us about the App.
- Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest of the Terms will remain in effect.
- No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
- Assignment. You may not transfer these Terms or your rights under them. We may transfer them, for example as part of a sale of the business, as long as your rights under them are not reduced.
- Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control.
- Export. You will comply with all export and sanctions laws that apply to your use of the App.
- Language. These Terms are written in English. Any translation is for convenience only, and the English version controls to the extent permitted by law.
- Headings. Headings and the short version at the top are for convenience and do not change the meaning of these Terms.
22. Contact
Upstream Lion Art
Attn: Dan La Ferlita
[MAILING ADDRESS]
Email: [CONTACT EMAIL]
Website: upstreamlion.com