Version 1.0. Effective date 1/12/2020
The terms of this End User License Agreement (hereinafter "EULA") govern the relationship between you and F-WAY GAMES LIMITED, a company incorporated under the law of the Republic of Cyprus (reg. # HE407049), with its address 332, Agiou Andreou Street, PATRICIAN CHAMBERS, 3035 Limassol, Cyprus ("FGL" or "Us" or "We") regarding your use any of FGL’s games (the “Games”), websites conducted by FGL listed in the section EFFECTIVE LIST OF WEBSITES below (the “Website”) and related to the Games and/or the Website services (the "Service"), including all information, text, graphics, software, and services, available for your use. By using the Games, the Website, the Service, including downloading any software, or browsing the Website, as well as by downloading any of the Games from App stores, etc., you accept the present EULA and all the terms and conditions set up in it. If you do NOT agree to all the terms of EULA, please do NOT use the Website, and/or Services, and/or download any of our Games.
FGL reserves the right to make changes to or update the content of the Website, the Service and the Games or the format thereof at any time and without any notice. FGL reserves the right to terminate or restrict access to the Website for any reason whatsoever at its sole discretion.
Copyrights, trademarks, and all other proprietary rights shown in the content (including, but not limited to, software, services, text, graphics, and logos) are reserved to FGL and protected by international copyright laws. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the site, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on the Website and/or in the application stores: AppStore, GooglePlay, etc. ("App stores") may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of FGL is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
FGL disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by FGL "AS IS," without warranty of any kind, either expressed or implied.
The software of the Games and other products of FGL (if any) available for download on the Website or in App stores, as well as available on social networks, and all its documentation are the copyrighted work of FGL. Use of that software is governed by the terms of the end-user license agreement that accompanies or is included in it. You are not able to use, download, or install any software without first agreeing to the terms of the end-user license agreement that accompanies or is included in it.
You may not use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the software or other products, services, or processes accessible through our the Website or the Games, via the Service except as expressly authorized herein or in the applicable end-user license agreement. You also acknowledge and agree that you will not transmit, upload, or attempt to transmit or upload viruses, adware, spyware, worms, or any other malicious or invasive code.
The software is supplied "AS IS." FGL disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability and fitness for any purpose with respect to the software. You assume the entire risk of using the software.
You understand that FGL’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your device and other equipment.
FGL grants you a non-exclusive, non-transferable, revocable, and limited license to use our software. You may not use FGL software for any purpose other than that described in the license granted to you. Any illegal use of our software is solely your responsibility.
You may not become a party of this EULA and, correspondingly, use any kind of Service and the Games if:
If you are under the age of 18, or under the age of majority where you are located, you represent and guarantee that your legal guardian has reviewed and agreed to this EULA.
When conducting online purchases related to the Games, the Service, you must provide the true, accurate, and complete information about yourself and provide a non-fraudulent means of payment. If you provide any personal or financial information that is untrue, inaccurate, or incomplete, or if have payment providers or FGL reasonable grounds to suspect that the information you provide is untrue, inaccurate, or incomplete, payment providers or FGL has the right to void related financial transactions, to revoke all associated software licenses acquired via such transactions, and to refer to appropriate authorities the details of such incidents.
In addition to all third-party obligations, the following shall apply. In no way can Virtual Currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Transferring Virtual Currency or Virtual Items outside the Games is strictly prohibited, meaning that you may not buy or sell Virtual Currency or Virtual Items for real money or otherwise exchange Virtual Currency or Virtual Items for items of value outside the Games.
You also agree that all prices and sales of Virtual Currency and Virtual Items are final. Neither third-party payment providers nor FGL issue refunds for completed transactions except as provided in this EULA. Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not own them. In the event your account is limited, terminated, suspended, modified, or deleted for any reason, at FGL’s sole and absolute discretion, or if FGL discontinues its the Games, you forfeit any and all Virtual Currency and Virtual Items earned or purchased. FGL has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Items as it sees fit and at its sole discretion, and FGL is under no obligation to compensate you or anyone else for any resulting losses.
If you give your account or payment details to someone else, appear to be abusing our policies, or do not protect your account with authentication, we usually cannot issue a refund.
In case of refund, payment processor's standard terms and conditions regarding refunds will apply. User refunds are exclusive of taxes previously charged to users for product purchases.
If the purchase isn’t what you expected, doesn’t work, or you don’t want it anymore, you can:
You should contact FGL if:
How to find our contact information (for GooglePlay)
When you contact us, please, let us know:
If your inquiry is about a problem with a purchase you made, you should expect a response within three business days.
You can report to Apple a problem with any purchase that you have made using the link http://reportaproblem.apple.com/. If technical problems prevent or unreasonably delay delivery of the Game, your exclusive and sole remedy is either replacement of the Game or refund of the price paid, as determined by Apple. From time to time, Apple may refuse a refund request if Apple finds evidence of fraud, refund abuse, or other manipulative behavior. Please see https://support.apple.com/ for more information.
"Content" refers to all software (including without limitation all the Games, the content of the Website, titles, and computer code), communications (including without limitation all stories, dialogues, concepts, documentation, and character profile information), images, sounds, audio-visual effects, accounts, Virtual Currency and Virtual Items, and material produced by FGL and/or received or made available while playing the Games or developed during the course of the Games. Content also includes all feedback, comments, or suggestions that FGL receives from you regarding the Games. Unless otherwise expressly stated in writing, you understand and agree that all Content is owned, controlled, and/or licensed by FGL. FGL reserves the right to use all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction by or compensating you. All Content is copyrighted under the copyright laws of Republic of Ireland and/or similar laws of other jurisdictions, protecting it from unauthorized use. FGL reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights to and relating to the Games. You are not permitted to copy, redistribute, publish, create any derivative work from, or otherwise exploit our Content or any part of our Content in violation of FGL’s and/or any other third party’s intellectual property rights. FGL, its logos, Games titles, and all related characters and elements are trademarks of FGL and may not be used without its prior written consent.
If you are deemed to have retained any right to, title of, or interest in our Content or any part of our Content, you agree to and hereby assign solely and exclusively to FGL all of your rights to, titles of, and interests in such Content or any part of such Content without additional consideration and in perpetuity under all applicable laws. If, for any reason, such assignment is ineffective under applicable law, you hereby grant FGL the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create any derivative work from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content or any part of such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.
At our discretion, FGL representatives or technology may monitor certain Content in the Games, though it cannot and makes no undertaking to monitor all Content. We may edit, refuse to post, or remove any Content posted in the Games or in any the Games-related sources that is deemed objectionable or violates these Terms or the spirit of these Terms at our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. You understand and agree that we are not responsible or liable for any Content generated by users of the Games. This implies that users, not us, are entirely responsible for the completeness, accuracy, and/or usefulness of all the Content they upload, communicate, transmit, and/or otherwise make available via our the Games and related services.
You acknowledge and agree that FGL may use built-in tracking features to obtain information regarding your use of the Games in order to improve the services we provide, and agree that such information is deemed to be Content for all intents and purposes under these Terms.
You may be required to register an account (the "Account") on the Service. Your use of the Service is governed by and maintained and enforced by FGL through “User Conduct.” You are entirely responsible for knowing, understanding, and abiding by User Conduct. The User Conduct rules are not exhaustive, and FGL reserves the right to determine which conduct is considered to be outside the spirit of the Games and to take disciplinary measures, including the termination and deletion of user accounts, prohibiting users from using the Service in whole or in part. User Conduct governs all aspects of your interaction with the Games, including, without limitation, selecting an in-game name, posting messages, interacting with other users, and otherwise accessing the Games.
You acknowledge and agree that if FGL finds, at its sole discretion, that you have violated User Conduct, you may no longer have access to the violating item/items and/or FGL reserves the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part.
You agree that you will not:
AS FAR AS THE GAMES, THE SERVICES MAY BE IN THE BETA-TESTING PHASE (THAT MAY BE SEPARATELY STIPULATED BY FGL OR NOT SOLELY UP TO THE CHOICE OF FGL), IN SOME CASES SUCH AS WITHIN THE FRAMEWORK OF UPDATES OR ERROR RECTIFICATIONS, IT MAY BE REQUIRED TO RESET THE GAME TO AN EARLIER STATUS IN ORDER TO PREVENT ANY GREATER DAMAGE (THE "ROLL-BACK"). IN THIS CONTEXT, THE GAME PROGRESS, GAME SCORE, HIGH SCORES AND ACHIEVEMENTS/ACCOMPLISHMENTS, ETC. ARE RESET TO A CORRESPONDING EARLIER STATUS; ANY CHANGES IN THE INTERIM OR ANY DEVELOPMENTS ARE LOST. ANY REAL MONEY PURCHASES YOU MADE IN THE PERIOD OF TIME BETWEEN THE TIME WHEN THE ROLL-BACK IS INITIATED AND THE TIME THAT THE SOFTWARE IS ROLLED BACK TO WILL NOT BE REFUNDED, BUT INSTEAD BE GIVEN TO YOU ONCE MORE AS PART OF THE ROLL-BACK. YOUR FURTHER CLAIMS ARE EXCLUDED UNLESS OTHERWISE SPECIFIED IN THESE TERMS AND CONDITIONS. FGL IS ENTITLED BUT NOT OBLIGED TO GRANT ITS USERS A VOLUNTARY BONUS E.G. IN FORM OF VIRTUAL CURRENCY OR PREMIUM FEATURES. IT IS AT FGL DISCRETION TO GRANT SUCH A BONUS AND IT DOES NOT OBLIGE FGL TO GRANT A BONUS DURING FUTURE ROLLBACKS TO OTHER USERS OR THE SAME USERS.
FGL can offer you for the purpose of testing participation in or use of the software developed by FGL (particularly the Games), its elements, Services and contents that are not smoothly running yet ("Beta-version"). Beta can include programming errors - even serious ones - known or unknown to FGL. These may lead to the Game’s or your terminal to crash. Within the framework of Beta-version, FGL may delete or add contents at any time among others to search for errors and to improve the game experience. Furthermore, it can reset game scores, install backups or create specific game scores. You are not entitled to the restoration of a specific game status. FGL can extend, shorten any Beta-version in whole or in part at any time.
ALL INFORMATION, SOFTWARE, AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS." FGL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FGL MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICES. FGL MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
FGL ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.
IN NO CASE SHALL FGL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF FGL INFORMATION) REGARDLESS OF WHETHER FGL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
We reserve the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part (including but not limited to by deleting your account) at any time, if we reasonably believe that you have violated or breached any of these terms. If we suspend or terminate your account, you will have no further access to your account and/or any Content associated with it. As stated above, FGL and third-party e-commerce payment providers will not issue any refund to you for Virtual Currency or Virtual Items acquired, developed during, or purchased in the Games.
Legal relationship under this EULA and all disputes relating to it shall be governed by and construed in accordance with the laws of the Republic of Cyprus.
You and FGL agree that if any part of these terms is or becomes, in whole or in part, invalid or unenforceable under any applicable local laws or court, it is to be deemed severed from these terms to the extent of its invalidity or unenforceability, and the rest of the terms shall remain in full force and effect.
Additional policies related to specific services (including but not limited to forums, contests, or loyalty programs) can be issued by FGL. Your right to use such services is subject to the pertinent policies and these EULA.
YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT, OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
If you have any questions or comments, please contact us at email@example.com.