TERMS OF USE

  1. Effective Date: September 1, 2020

    These Terms of Use govern (collectively, the “Terms”) govern the relationship between you and Firefog LLC, a company, registered and existing under the laws of Ukraine and its subsidiaries, parents, affiliates worldwide (“Firefog”, “we”, “us”, “our”) relating to your use of Firefog’s games (the “Games”), website (the “Site”), its mobile version (the “Mobile Applications”) and other online and mobile service provided by us (collectively the “Service”).

    Please read the Terms carefully before accessing or using the Service. The Terms are a legally binding agreement between you and us and set forth the legally binding terms and conditions governing your use of the Service, including, but not limited, your rights and responsibilities regarding the Service. By accessing, downloading, installing, accessing, using the Service or clicking, playing the Games, by accessing, downloading any of the Mobile Applications, Site or any other Service, including by accessing the Service through third-party platforms and social networking sites, you confirm and represent that you have read, understood and agree to be bound by the Terms.

    The terms “you” and “user” shall refer to all individuals and entities that access the Service. You represent and warrant that you have the right, authority and capacity to accept these Terms and to abide by them and that you have fully read and understood the Terms.

    In addition to the Terms, you agree to accept and be bound by any supplemental policies of the Service (including but not limited to our Private Policy) as well as all other operating rules, policies and procedures that may be published on the Site from time to time in respect to the Service.

    Based on these Terms:

    • You are solely responsible for your Account (including, but not limited to, any fees, rates, charges or similar payments) and use of your Account, whether by you or any third party.
    • You are responsible for meeting the requirements of applicable law while playing the Games.
    • We may, but have no obligation to, monitor user conduct on the Service. You are solely responsible for your conduct, the content you submit on the Service and your interactions with others.
    • You are and will remain solely responsible for all communications, images, videos, sounds, content or part of the content of databases, databases, content and any other materials or information that you upload or transmit through the Services, including without limitation any text, voice transmissions or recordings, or gameplay clips.
    • You are solely responsible for your interactions with other users of the Service. Firefog may, at our sole discretion, attempt to mediate disputes between users, but are not obliged to become involved in any way with such disputes.

  2. Use of the Service

    You do not need to create an account with us for reviewing and accessing certain features. When accessing or using the Games and some other features of the Service you will be required to be a registered user (“Registered User”, “User” or “user”). A Registered User is a user of the Service who has created an account with us (“Account”) or has a valid account on a social network or third party service through which the User has connected to the Service (each such account, a “Third-Party Account”).

    If you access the Service through a social networking service or other third-party service (each a "Third-Party Platform"), you may link your Account with Third-Party Accounts, by allowing Firefog to access your Third-Party Account, as provided by the terms that govern your use of such Third-Party Account. You state that you have the right to grant Firefog access to your Third-Party Account without breach by you of any terms that regulate your use of the relevant Third-Party Account and without imposing an obligation on Firefog to pay any fees, rates or similar payments or subjecting Firefog to any limitations imposed by such third-parties.

    You can disable the connection between your Account and your Third-Party Accounts at any time in the relevant settings of the application.

    Your legal relationship with the third-party providers is regulated solely by your agreements with such providers. We are not responsible and disclaim any liability for personally identifiable information (personal data) that may be provided to us from time to time by such Third-Party Accounts, Third-Party Platforms and/or the relevant third-party providers.

    Please not that we have no control over those Third-Party Platforms and their content.

    As a Registered User, you state that you provide true, accurate, current, and complete information about yourself as provided by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (a) notify Firefog immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Firefog has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Firefog has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). Firefog reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights.

    When you access the Service through a mobile network, your network or roaming provider's messaging, data, and other rates and fees will apply. Downloading, installing, or using certain services may be prohibited or restricted by your network provider and not all features of the Service may work with your network provider or device.

  3. License

    Firefog grants you a personal, limited non-exclusive, non-transferable, non-sub licensable, revocable, license to access and use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. Firefog does not grant you or any other party any right, title or interest in the Service or any content in the Service. You hereby acknowledge that if you violate or if you do not accept any of the Terms, your license to use the Service shall immediately terminate resulting in that you have no any right to use the Service whatsoever. In case the Service in whole or in part is considered or determined to be illegal under the laws of the country in which you are situated, the license is considered to be automatically annulled if granted or you shall not be granted any license to use the Service and is strictly required to refrain from using the Service.

  4. Virtual Items and Virtual Currency

    The Service may include an opportunity to earn or purchase virtual, in-game currency or virtual in-game items. Firefog, however, does not solicit or require that you make any purchase of any kind to use the Service. Firefog prohibits and does not recognize any transfers of virtual items or virtual currency made outside of the Service including the sale, trade, gift or other transfers in the “real world” of anything that is based directly or indirectly on the Service and the Games, unless expressly authorized by Firefog. Any such transfer or attempted transfer is null and void, and may subject your Account to termination.

    You agree to pay all fees and applicable taxes incurred by you. Firefog may revise the pricing for the goods and services offered and/or licensed to you through the Service at any time. Fees are non-refundable.

    Any separate charges or obligations that you incur in your dealings with third parties are your sole responsibility. You understand that you will not receive any monetary or other compensation or other forms for unused virtual money when your Account is closed and/or the license is terminated for any reason.

  5. Disclaimer of Warranties

    FIREFOG MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, FITNESS, PERFORMANCE OR INTEROPERABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND ANY CONTENT CONTAINED WITHIN THE SERVICE FOR ANY PURPOSE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FIREFOG DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

  6. Disclaimers of Liability

    YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE) AND THAT FIREFOG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

  7. Indemnification

    You agree to indemnify and hold Firefog’s officers, employees, agents, partners, and licensors harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your сontent; (b) your use of, or inability to use, the Service; (c) your violation of the Terms; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules, or regulations. Meanwhile Firefog reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Firefog in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Service.

  8. Title and Intellectual Property

    All right, title, and interest in and to the Service, the Site and the Games (collectively – the “Product”) shall remain with Firefog and its licensors. The Product is protected under international copyright, trademark and trade secret and patent laws. The license granted herein does not constitute a sale of the Product or any portion or copy of it.

  9. Third-party Services

    The Service may be made available to you through third-party services and may link to or include third-party services or content (including without limitation your own content posted in forums). Firefog does not control, approve or otherwise accept responsibility for such third-party services or content. These third parties may require you to install additional software, register for additional accounts, agree to additional terms and conditions, or take other actions before using the Service. Use of any third-party services or content is at your own risk and is subject to the third party’s terms and conditions. Under no circumstances Firefog will be responsible or liable in connection with your reliance on or use of third-party services, or content.

    When using the Service, your device may connect to or utilize third-party networks, and you may incur fees based on your use of those networks. You are solely responsible for any and all costs and fees in connection with accessing and using the Service, including without limitation internet service provider fees, telecommunications fees, text messaging fees, excess broadband fees, and the costs of any and all devices and equipment used in connection with the Service.

  10. Code of conduct

    By accessing or using the Service you agree not to:

    • create an Account if you are under the age of 13;
    • act or allow any behavior that violates the rules of the Third-Party Platform, provided that the access to the Service is made through such a platform;
    • create an Account using a false identity or information, or on behalf of someone other than yourself;
    • create an Account or use the Service if you are a convicted sex offender;
    • have an Account or use the Service if you have previously been removed by Firefog or previously been banned from playing any Firefog’s Game;
    • use your Account, the Site, or Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk email, or repetitive messages (spim and spam) to anyone;
    • use your Account or the Service to engage in any illegal conduct;
    • access another user's account without permission;
    • use the Site or the Service in any manner that violates any applicable laws or regulations or that is prohibited by these Terms;
    • sell, buy, trade, or exploit for any commercial purposes (or attempt any of these actions), any part of the Services, including, but not limited to, Accounts, Virtual Currency, and Virtual Goods, other than in a manner stipulated in the Games;
    • collect or harvest any information about other users;
    • post, request, or link to sexually explicit, threatening, embarrassing, hateful, racially, ethnically, or religiously insulting, discriminative, threatening, or hateful on the basis of gender or political views, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive material or conduct;
    • discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
    • use features of the Site or Service for anything other than their intended purpose;
    • interfere with or disable any security-related features of the Site or Service, or any part thereof, including any Service available on or through any Third-Party Platforms;
    • decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service, including any Service available on or through Third-Party Platforms;
    • engage in any other prohibited conduct;

    You further represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

    Any use of the Service in violation of these limitations is strictly prohibited, can result in the immediate revocation of your license, and may subject you to liability for violations of law. Firefog reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms or the Service itself. In the event of a breach of any of the above, Firefog will decide at its sole discretion what actions, if any, it will take, including terminating your Account, prohibiting you from using the Service, and/or informing the appropriate authorities.

  11. Applicable law, arbitration and jurisdiction

    The Terms and any action related to the Terms shall be governed by and interpreted under the laws of Ukraine and excluding the United Nations Convention on Contracts for the International Sale of Goods, and without regard to principles of conflict of laws.

    If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Terms of Use shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

    You may choose to waive this arbitration term. Then neither you nor Firefog can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform Firefog in writing about this within 30 days of obtaining notice of this Arbitration section. You must provide the name and address, the e-mail address associated with your account (if you have one) and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: policy (at) firefoggames.com and titled “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.

    YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER THIS SECTION OF THE TERMS MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

    If you are located NOT in the United States of America, the following applies to you.

    To the extent permitted by applicable law You and Firefog agree to first attempt to negotiate any dispute, controversy, or claim (collectively the “Dispute”) arising out of the Terms, the Games and the Service informally for at least thirty (30) calendar days before initiating any court proceeding.

    Negotiations will begin upon receipt of written notice sent by the party bringing the Dispute. Firefog will send its notice to your billing address and/or forward a copy to the email address you have provided to us (if any).

    You may send your notice to Firefog by email to: policy (at) firefoggames.com.

    If a Dispute cannot be resolved through negotiations, you agree that any and all Disputes arising out of or in any way related to the Terms, the Games or Service shall be resolved by the appropriate court situated in Kiev, Ukraine.

  12. Privacy

    Any information provided by you and used by our Service is subject to our Privacy Policy. Our Privacy Policy details the ways in which we collect, store, use, and manage the information you provide us in connection with our Service, including your rights and choices. If you access our Service through Third-Party Platforms, any information provided by you and used by our Service is also subject to, where applicable, the privacy regulations set forth by Third-Party Platforms.

  13. Entire Agreement

    The Terms constitute the entire agreement between you and Firefog relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. Nothing in this section will prevent Firefog from modifying the Terms.

  14. Language

    The Terms are made in English and can be made Ukrainian. If there is a conflict between the English and Ukrainian version of the Terms, the English language version of the Terms shall control.

  15. No Waiver

    The failure of Firefog to require or enforce strict performance by you of any provision of the Terms or failure to exercise any right hereunder will not be considered a waiver or relinquishment of Firefog’s right to assert or rely upon any such provision or right in that or any other instance. An express waiver made by Firefog in one occasion is effective only in that instance and only for the purpose that it is given and is not to be construed as a waiver on any future occasion or against any other person.

  16. Force Majeure

    Firefog shall not be liable for any delay or failure to perform resulting from any cause outside the reasonable control of Firefog, including, without limitation, any failure to perform under the Terms due to unforeseen cause beyond Firefog’s control, such as COVID 19, other viruses, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, change of law or administrative rules, fire, floods, network infrastructure failures, cyber crimes, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

  17. Severability

    If any part or portion of the Terms is determined to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions of the Terms shall remain in full force and effect.

  18. Contact Information

    If you have any questions about these Terms, please contact support at: policy (at) firefoggames.com.

    Postal contact details are: Akademik Filatov street, 22/8, Kyiv, Ukraine