FaeryDust Games - Terms of Service
Last Updated : 23 May 2018
Effective Date : 25 May 2018
Thank you for playing our games and welcome to FaeryDust Games Terms of Service!
Grant of a limited license to use the Service
The following restrictions apply to the use of the Service:
- You shall not access the Service if you are under the age of 13; you shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
- You shall use the Service only for non-commercial purposes; you shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
Any use of the Service in violation of these License limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, or game experience related to the Service;
- Modify or cause to be modified any files that are a part of the Service without FaeryDust Games’ express written consent;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by FaeryDust Games;
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service;
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service;
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis;
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including FaeryDust Games employees or representatives;
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a FaeryDust Games employee;
- Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
FaeryDust Games reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of these Terms of Service. FaeryDust Games reserves the right to take actions as a result, which may include prohibiting you from using the Service in whole or in part.
ACCESSING THE SERVICE
You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Service. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use the Service.
There may be times when our Service or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
SUSPENSION & TERMINATION OF THE SERVICE
Without limiting any other remedies, FaeryDust Games may limit, suspend, terminate, modify, or delete access to the Service or portions thereof if you are, or FaeryDust Games suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Service, with or without notice to you. You can lose any benefits, privileges, earned items and purchased items associated with your use of the Service, and FaeryDust Games is under no obligation to compensate you for any such losses or results.
FaeryDust Games reserves the right to stop offering and/or supporting the Service or a game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, FaeryDust Games shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.
Games and service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, audio-visual effects, methods of operation, moral rights, documentation, character profile information, and the FaeryDust Games server software and game clients) are owned by FaeryDust Games. FaeryDust Games reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
FaeryDust Games owns, has licensed, or otherwise has rights to use all the content that appears in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in the Service, whether earned in the Service or purchased from FaeryDust Games.
Submission of User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit. By submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is:
- Accurate and not confidential or misleading;
- Not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content;
- Free of viruses, adware, spyware, worms or other malicious code;
FaeryDust Games assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications when you are using the Service.
By entering these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content.
FaeryDust Games reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason at any time. If at any time FaeryDust Games chooses, in its sole discretion, to monitor the Service, FaeryDust Games nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
Responsible for your own content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. FaeryDust Games may reject, refuse to post or delete any User Content for any reason, including, but not limited to, User Content that in the sole judgment of FaeryDust Games violates these Terms of Service.
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. FaeryDust Games reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with FaeryDust Games to investigate any suspected unlawful, fraudulent or improper activity.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, employees or representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
FEES & PURCHASE TERMS
In the Service you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use:
- In-game currency (“Virtual Currency”), including but not limited to virtual cash, coins or gems, all for use in our Service;
- In-game digital items (“Virtual Goods” together with “Virtual Currency”, “Virtual Items”).
FaeryDust Games may manage, regulate, control, modify or eliminate Virtual Items at any time, with or without notice. FaeryDust Games shall have no liability to you or any third party in the event that FaeryDust Games exercises any such rights.
The transfer of Virtual Items is prohibited. You shall not sell, purchase, redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the aforesaid, including but not limited to FaeryDust Games, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in the Service commences immediately upon acceptance of your purchase by FaeryDust Games, or by third party payments providers as the case may be.
The data associated with Virtual Goods, whether purchased by you using Virtual Currency or otherwise credited or awarded to you, is stored locally on your device and is not necessarily synced between different devices even if you have connected your game play on a device to your account. Accordingly, any risk of loss of this data is transferred to you :
- In the case of Virtual Goods which you purchase from us, upon completion of the purchase as described in this paragraph;
- And/or in other cases, at the time the Virtual Goods are credited or awarded to you.
Payment of fees
You agree to pay all fees and applicable taxes incurred by you or anyone using the Service. FaeryDust Games may revise the pricing for the Virtual Items offered through the Service at any time.
You acknowledge that FaeryDust Games is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items.
UPDATES TO THE SERVICE
You understand that the Service is an evolving one. FaeryDust Games may require that you accept updates to the Service you have installed on your device or computer. You acknowledge and agree that FaeryDust Games may update the Service, with or without notifying you. You may need to update third party software from time to time in order to receive the Service.
DISCLAIMER OF WARRANTIES
Without limiting FaeryDust Games’ liability under section “Limitation of Liability & Indemnification” below, the Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade.
FaeryDust Games does not warrant:
- that you will be able to access or use the Service at the times or locations of your choosing;
- that the Service will be uninterrupted or error-free;
- that defects will be corrected;
- or that the Service is free of viruses or other harmful components.
LIMITATION OF LIABILITY & INDEMNIFICATION
To the maximum extent permitted by law, FaeryDust Games shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory, and whether or not FaeryDust Games has been advised of the possibility of such damages. To the extent not prohibited by law, FaeryDust Games shall not be liable to you for more than the amount you have paid to FaeryDust Games in accordance with these Terms of Service in the three (3) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to FaeryDust Games during such time period, your sole remedy (and FaeryDust Games’ exclusive liability) for any dispute with FaeryDust Games is to stop using the Service.
Nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of FaeryDust Games or for death or personal injury arising from any negligence or fraud of FaeryDust Games.
You agree to indemnify, defend and hold FaeryDust Games (and our officers, directors, agents, subsidiaries, employees or representatives) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by FaeryDust Games shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of FaeryDust Games.
You acknowledge that the rights granted and obligations made under these Terms of Service to FaeryDust Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm FaeryDust Games and which cannot be replaced by monetary damages alone so that FaeryDust Games shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section “Limitation of Liability & Indemnification”.
FaeryDust Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FaeryDust Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond FaeryDust Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.