Terms of Use

 

Effective Date: 05 June 2018

 

1. About these Terms of Use

 

These Terms of Use (“Terms”) is a legal agreement between you and Fabros LLC (registration number 193033810, having legal address at prospekt Pobediteley 106, office 300, Minsk, 220062 Belarus) (“Fabros” “we” or “us”).

 

By visiting www.fabros-team.com and any other site or online service that is owned or operated by Fabros (each, a “Site” and collectively, the “Sites”), using mobile games published by Fabros (each, an “App” and collectively, the “Apps” and together with the Sites, the “Platform”), playing games that can be played through third party platforms, e.g., via consoles, PCs and/or social media sites such as Facebook (“3rd Party Platform Games”) or otherwise access any of our other products, services or content through any of our Platform or through 3rd Party Platform Games (collectively, “Services”), you agree to and accept the Terms, which we may update from time to time. Your use of our Services is also subject to our Privacy Policy (which is a part of the Terms) and our Cookie Policy (which is incorporated into the Privacy Policy) which cover how we collect, use, share and store your personal data.

 

By downloading, installing, using or otherwise accessing the Services, you agree to the Terms. If you do not agree to the Terms, please do not download, install, use or otherwise access the Services. Use of the Services is void where prohibited.

 

Our Apps download/purchase page may contain certain additional terms, conditions and requirements, which constitute a part of the Terms. In case you download/purchase the Apps through an online store such as Google Play Store, Apple App Store, etc. (“Online Store”), please, review the terms and conditions of the owner of that particular Online Store, which may provide for certain additional requirements applicable to the download of the Apps through that Online Store, its installation and use.

 

You can find the latest updated version of the Terms at any time at our Site http://www.fabros-team.com/privacy-policy.html

2. Changes and Severability

 

We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time by posting the amended Terms. If there is a material change, we may also provide additional notice within the Services. Unless we state otherwise, the changes are effective immediately upon posting. Each time you access our Services, the Platform or 3rd Party Platform Games, the current version of the Terms applies, and you agree that the changes apply to your continued use of the Services.

 

If you do not agree with any amendment to the Terms, your only remedy is to cease use of our Services.

 

If any portion of the Terms is deemed to be illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable.

3. Requirements To Use

 

By installing, accessing or using our Services you confirm that you are at least 16 years of age and have a full legal capacity to enter into this agreement. In case you are between 16 and 18 years of age, you hereby confirm, that your parent, or a legal guardian, or other representative under the applicable law has reviewed and agrees to the Terms and allows you to access and/or use our Services.

 

We also reserve the right, in our sole discretion and at any time, to discontinue or modify our Services or any part thereof or remove or edit Content (as defined below), without prior notice either permanently or temporarily, at which point your right to use those Services or any part thereof will be automatically terminated or suspended.

 

The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help to protect your personal data against unauthorized access or disclosure, however, we may not guarantee that your personal data or private communications will always remain private when using our Services. You accept all responsibility for such security risks and any damage that may result therefrom. It is also your sole responsibility to use all reasonable and recommended measures (such as complex passwords, etc.) in order to secure your device from any unauthorized access.

 

U.S. GOVERNMENT RESTRICTED RIGHTS: Our Services have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software”. Any use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable.

 

Any download of our Apps and use of our Services shall be in compliance with all relevant international, U.N., USA or EU sales, export or import restrictions and regulations and you agree to comply with them. You represent and warrant that you are not located in a country that is subject to 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 in any U.S. Government or EU sanction list of prohibited or restricted parties and you comply with relevant U.N. and EU sanctions and embargos.

4. Purchases in the Services

 

When you purchase the Apps from the Online Store, including subscriptions and in-app purchases, the payment for such purchases may be processed either by third parties on our behalf, or directly by the owner of the Online Store. When purchasing the Apps, including subscriptions and in-app purchases, you agree that the digital content will be available to you immediately, and acknowledge that you will lose your rights to the 14 days cancellation period and refunds available for EU and EEA residents. If you download the Apps from the Online Store owner, before effecting the purchase from the Online Store, please also review and accept the terms and conditions of the Online Store owner with regard to your rights to cancel orders and get related refunds.

 

Some of our Services may be available on a subscription basis. Subscriptions may be weekly, monthly, tri-monthly, semi-annual, annual, or seasonal. Payments for such subscriptions would be charged at your account at the confirmation of the purchase. They may be processed by third parties acting on our behalf, or by the Online Store owner. Subscription will automatically renew for the same price and duration period as the original subscription package chosen by you, unless you turn off the auto-renew: (i) in case of an Apple App Store, at least 24-hours before the end of the current subscription period, or (ii) in case of Google Play Store, at any time before the end of the subscription period. Your account will be charged for renewal within 24-hours prior to the end of the current subscription period (Apple App Store), or at the end of the subscription period (Google Play Store) at the cost of the chosen package. You may manage subscriptions and turn off auto-renewal by going to the user's account settings after the purchase. You can cancel the subscription at any time and the cancellation will take effect after the end of the last day of that subscription period. Certain of our subscription services may be offered on a free trial basis for a certain period of time. You may cancel a subscription during its free trial period via the subscription setting through your account. This must be done 24 hours before the end of the free trial subscription period (Apple App Store), or at any time before the end of the free trial subscription period (Google Play Store), otherwise it will be renewed as a paid subscription.

5. Ownership and License

 

Our Services are comprised of works and intellectual property owned by Fabros and/or its licensors, including, without limitation, games, artwork, graphics, images, screen shots, text, sound, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”).

 

Under the Terms, we grant you a non-exclusive, personal, limited, revocable and non-transferable license to use our Services, provided you agree to comply with the Terms. The Content in our Services are for gaming services and for your non-commercial enjoyment and entertainment. Any other use, including modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without our prior written permission, is strictly prohibited.

 

You are not granted any other right, title or interest in our Services or any Content except as expressly provided herein. All other rights are reserved.

 

Notwithstanding the Terms, the open source software is licensed to you subject to the terms and conditions of the respective software license agreements accompanying such open source software.

 

IF YOU HAVE BEEN FOUND IN VIOLATION OF THE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND AT ANY TIME, TO LIMIT, SUSPEND, MODIFY OR TERMINATE ACCESS TO SERVICES OR ANY PORTION THEREOF. IF THIS HAPPENS, FABROS IS NOT REQUIRED TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. IN ADDITION, YOU MAY BE FOUND TO BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OF FABROS.

6. Users Generated Content

 

On certain areas of our Platform or otherwise, you may be able to chat with other users, and submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings and other materials and content (“User Generated Content” or “UGC”). Your posting of UGC is subject to the Terms and the following posting rules (“Posting Rules”):

 

A.    You agree that your UGC is:

 

            i.   Accurate;

          ii.   Not confidential;

        iii.    Not in violation of law;

         iv.    Not in violation of contractual restrictions or third party rights, and that you have permission to use content from any other party whose personal or other information or intellectual property is contained in the UGC;

          v.    Not abusive, harmful, libelous, profane, obscene or otherwise objectionable;

         vi.    Not for commercial purposes or business solicitations; and

       vii.    Free of viruses, corrupting files, interference, cheat software, worms or other malicious code.

 

B.    Responsibility of Postings. You understand and acknowledge that UGC is solely your responsibility, and that Fabros is not responsible for the information, data, text or other materials that may appear in UGC. Opinions expressed in UGC do not necessarily reflect the opinions of Fabros. UGC is not necessarily reviewed by Fabros prior to posting and Fabros makes no warranties, express or implied, as to the UGC or to the accuracy and reliability of the UGC.

 

C.    No Monitoring/Violation Notices. You acknowledge that Fabros does not necessarily monitor any materials posted, transmitted, or communicated to or within the Platform. Notwithstanding the foregoing, you further agree that Fabros and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any UGC that is available via the Platform.

 

YOU UNDERSTAND AND AGREE THAT FABROS MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT NOTICE, IF FABROS DEEMS THAT YOU MATERIALLY BREACH THESE POSTING RULES, THE TERMS, APPLICABLE LAW, OR FOR ANY OTHER REASON. FABROS ASSUMES NO LIABILITY FOR ANY INFORMATION REMOVED FROM OUR PLATFORM AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS TO SERVICES.

7. Ownership and License of UGC

 

After posting your UGC to the Platform, you continue to retain all ownership rights in such UGC, and you continue to have the right to use your UGC in any way you choose, subject to the Terms and the license described herein (“UGC License”).

 

A.    Scope of License. By displaying, publishing, or otherwise posting any UGC on or through the Platform, you hereby grant to Fabros the non-exclusive, irrevocable, worldwide, royalty free license to edit, adapt, publish, reproduce, distribute, publicly display and use your UGC and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you.

 

B.    Representations. You represent and warrant that: (i) you solely own the UGC displayed, published or posted by you on the Platform or otherwise have the right to grant the license set forth herein, and (ii) the displaying, publishing or posting of your UGC does not violate infringe on the rights of any third party, including any copyright, trademark, patent, trade secret or other intellectual property right, or the privacy rights, publicity rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any UGC displayed, published or posted by you to the Platform. Except for your UGC, you may not edit, adapt, publish, reproduce, distribute, publicly display and use any UGC appearing on this Platform.

8. Copyright

 

If you believe that your intellectual property rights have been infringed, you may contact us by emailing the following information to legal@fabros-team.com: (a) a description of the intellectual property rights and an explanation as to how they have been infringed; (b) a description of where the infringing material is located; (c) your address and email address; (d) a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are the owner of the intellectual property right, or authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed; and (e) a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right that has allegedly been infringed.

9. Links to Third Parties

 

Our Services may feature advertisements from third party companies. Please review our Privacy Policy which explains what information we share with advertisers. We are not responsible for the availability of such websites or resources of the third parties, and we are not responsible or liable for any content, advertising, or services they provide.

 

Any content, advertising or services by such third party are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third party before using their services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Fabros is not liable for any claim relating to any content, goods or services of third parties.

10. Indemnification

 

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FABROS, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THE TERMS, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS.

11. Warranty Disclaimer

 

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FABROS, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE ONLINE STORES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, FABROS MAKES NO WARRANTY THAT THE SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY CONTENT.

12. Limitations of Liability

 

UNDER NO CIRCUMSTANCES WILL FABROS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SERVICES, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THE TERMS OR RELATED TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USING THE SERVICES UNDER THE TERMS DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. Waiver of Our rights

 

Our failure to exercise or enforce any of our rights under the Terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

14. Terms, Termination and Survival

 

A.    Term. The term of this agreement commences on the date you first indicate your acceptance of the Terms and will continue in effect until otherwise terminated in accordance with the Terms.

 

B.    Termination by you. You may cease use of the Platform at any time. Your cessation of use of any service or request that access to the Platform be terminated, will not entitle you to any refund, including of any fees. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.

 

C.    Termination by Fabros. Fabros may terminate or suspend, withdraw, restrict or remove all or any part of our Services at any time in the event that (i) Fabros ceases providing such services to similarly situated users generally for business or operational reasons, or (ii) you breach any terms of this agreement (including the Privacy Policy or Posting Rules).

 

D.    Survival of Terms. All provisions of the Terms with regard to privacy, intellectual property rights, warranty disclaimer, limitations of liability, indemnification, governing law, severability, waiver of our rights and dispute resolution will survive the termination.

15. Governing Law

 

The provisions of the Terms shall be governed by and construed in accordance with the laws of the Republic of Belarus.

16. Dispute Resolution

 

Most concerns can be solved quickly by contacting us at legal@fabros-team.com

 

In the unlikely event that we cannot solve your concern and you wish to bring legal action against us, then that dispute will be subject to the jurisdiction of the courts of the Republic of Belarus.

17. Force Majeure

 

Neither you nor we will be liable for any failure to perform any obligation under the Terms or to provide access to Services of that failure is caused by the happening of any unforeseen event beyond your or our reasonable control, including without limitation, war, terrorism, riots, embargoes, Internet outages, network infrastructure failures, natural disasters, fire, flood or act of God.

18. Miscellaneous Terms

 

A.    Entire Agreement. The Terms (including the Privacy Policy and Cookie Policy) constitutes the entire agreement between you and Fabros regarding the use of our Services and supersedes all prior understandings.

B.    Assignment. We can assign, subcontract or transfer the Terms to a third party or an affiliate of Fabros if necessary for the support of our Services, as part of any reorganization, change of control, or for any other business reasons. You may not assign or transfer your rights or obligations under the Terms to anyone without first obtaining our written consent. Any attempt to assign without our consent is void.

C.    No Beneficiaries. The Terms governs the relationship between you and us and does not create any rights for anyone else. Notwithstanding the foregoing, in the event of a valid assignment or transfer, the Terms shall be binding on and inure to the benefit of the relevant party’s representatives, successors, and permitted assigns.

D.    No Right to Obligate the Other. The Terms does not create a partnership, joint venture or similar relationship between the parties, and neither party will have the power to obligate the other party in any manner whatsoever.

E.    Notice for Apple Device users. In case you download, install or access the Apps through your Apple device, you specifically acknowledge and agree that the following additional terms shall apply (in case of conflict between these additional terms in this section and other terms of this agreement the terms of this section shall prevail):

           i.    The Terms is concluded between you and us only, not with Apple, and Apple is not responsible for the Apps or the content thereof;

         ii.    Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps;

        iii.    In the event of any failure of the Apps to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the relevant Apps to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apps;

        iv.     Apple is not responsible for addressing any claims by you or a third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (a) product liability claims; (b) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation;

         v.     Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Apps or your possession and use of the Apps infringes that third party‘s intellectual property rights;

        vi.     Apple and its subsidiaries are third party beneficiaries of the Terms and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary of the Terms; and

      vii.     Fabros authorizes the use of the Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.

F.     Contact Information. You can contact us at support@fabros-team.com