Term of use
I. BINDING AGREEMENT
ELIGIBILITY OF USER. You must be at least 13 years of age to access or use our Services. By accessing or using our Services, you represent and agree that you are at least 13 years old or older, and that if you are between 13 and 18 years old, your parent or legal guardian has reviewed and agrees to the terms of this Agreement.
III. YOUR ACCOUNT / PASSWORD SECURITY / SUSPENSION, TERMINATION
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement. You also understand and acknowledge that if you delete your account, or if we terminate and/or delete your account in accordance with these terms, you may lose access to any data previously associated with your Account (including, without limitation, the level or score you have reached in our Services and any Virtual Items associated with your Account).
IV. PURCHASES / PAYMENTS / REFUNDS
We associate ourselves with certain Services, including, without limitation, for the download of Apps, and the purchase of Virtual Items (as defined below). Such products or services will be made available for purchase on a third party store used by us (such as Google Play or App Store), specified pages of the Site, within the Apps, or otherwise as indicated through the Services. Certain Apps allow you to purchase Virtual Items (as defined below) within the App. Such purchases may be made available in both Apps which you must purchase to download as well as Apps which are free to download.
You are responsible for all third party charges, including but not limited to the internet connection, and mobile communication charges, that you may incur for accessing or using our Services. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. Your purchase of any App, Virtual Item or other content through the Services constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law.
We assume no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase ("Purchaser Errors"). We will not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the products or services purchased, downloaded or otherwise obtained by you through the Services. Please read the system requirements very carefully before making any purchases. If you have other questions in connection with any product or service available through the Services, please contact the FLINT Incorporation technical team at firstname.lastname@example.org. We accept ABSOLUTELY NO RETURNS on software downloads.
V. VIRTUAL ITEMS
Certain Services may allow you to "earn" or "purchase" (a) virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Services; (b) virtual in-game items; or (c) certain in-game benefits (collectively, "Virtual Items"). YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL ITEMS HAVE NO REAL WORLD VALUE AND CANNOT BE REDEEMED FOR ACTUAL CURRENCY, GOODS OR OTHER ITEMS OF MONETARY VALUE, INCLUDING IN THE EVENT THAT YOU HAVE UNUSED VIRTUAL ITEMS REMAINING IN YOUR ACCOUNT AT THE TIME YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR NOT.
All sales of virtual items are final. No refunds will be given, except in our sole and absolute discretion. The purchase of any Virtual Item is merely the purchase of a limited personal revocable license to use the Virtual Item exclusively in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded or sublicensed. Accordingly, we expressly prohibit and do not recognize any purported sales, transfers, assignments, gifts, trades or sublicenses of Virtual Items, whether for "real money," goods or any other exchange outside of the Services. Any such transfer or attempted transfer is prohibited and void, and may subject you to a termination of your account, a lifetime ban from our products and services, and/or legal action.
We reserve the right to control, regulate, change or remove any Virtual Items in our sole discretion and without any liability to you. We reserve the right to charge fees for the right to access or use Virtual Items, and we may revise the perceived value or pricing for any Virtual Items. [We may also decide to distribute Virtual Items without charge, at our sole discretion.]
VI. ONLINE CONDUCT
You, as a user, agree to use the Services only for lawful purposes. Specific prohibited activities include, but are not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
promoting illegal or tortious activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
using cheats, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Services;
using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below).
interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
attempting to impersonate another user or person;
soliciting personal information from anyone;
collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
using any information obtained from the Services in order to harass, abuse, or harm another person;
using any unfair, misleading or deceptive content intended to draw traffic to one's profile;
using the Services in a manner inconsistent with any and all applicable laws and regulations, including U.S. export and re-export control laws and regulations;
Sublicensing, renting, leasing, selling, trading, giving, assigning or otherwise transferring your account or any Virtual Items associated with your account to anyone;
accessing or using a third party account or any Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder of the original account creator;
utilizing multiple accounts, manual procedures, bots, scripts or other processes in order to accumulate or "farm" Virtual Items; and
using the Services in a commercial manner, including the transferring of Virtual Items in exchange for "real world" money.
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.
1. A. Proprietary Rights
With the exception of content posted by users of the Services ("User Content"), all materials contained on the Services, including all content, the Virtual Items and the software, graphics, text and look and feel of the sites, and all trademarks, copyrights, patents and other intellectual property rights related thereto ("Proprietary Materials"), are owned or controlled by FLINT Incorporation, our subsidiaries or affiliated companies, our third party licensors, and/or our advertising partners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part.
Subject to your compliance with this Agreement and any other relevant policies related to the Services, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own non-commercial entertainment purposes consistent with the intended purpose of the Services. You agree not to use the Service for any other purpose. As referenced above, even though you may buy Virtual Items with "real world" money, you do not, in fact, "own" such items. By making such a purchase, you are merely being granted a license to use such Virtual Items in the applicable Apps or other Services for which such Virtual Items can be used. The Virtual Items have no real world value and are not in any way a credit or balance of real currency or its equivalent. In no event can any Virtual Items be redeemed for actual, "real world" currency. We have the sole and absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as we see fit in our sole discretion, and shall have no liability to you or anyone for the exercise of such rights.
We reserve the right to revoke the limited license granted to you herein in our sole and absolute discretion. We may also, in our sole and absolute discretion, limit or terminate your right to access or use our Services or part thereof, maintain or delete your account and any items associated therewith, including but not limited to any Virtual Items (defined below), without any liability to you.
2. B. Distribution/Uploading Of Content
You are prohibited from posting on or transmitting through the Services (e.g., through uploaded content, a chat or user forum, online review or comment posted through the Services) any content that infringes upon a third party's intellectual property rights or is defamatory, damaging, illegal, or offensive. Without limiting the foregoing, you may not post, modify, distribute, or reproduce in any way on the Services any copyrighted material, trademarks, or other proprietary information belonging to others unless you have first obtained the prior written consent of the owner of such proprietary rights. It is our policy to terminate the account of anyone who repeatedly infringes the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner's legal agent.
By submitting content or materials ("Your Content") to us through the Services, including, without limitation, uploading any materials, choosing a username, or participation in any chats or forums, you automatically grant us and our designees, or warrant that the owner of such content has expressly granted us and our designees, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, edit, adapt, modify, prepare derivative works of, copy, perform, display, distribute, host, store, market, advertise and sell Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide, including in connection with announcing you as the winner of a sweepstakes/contest or including you in leaderboards. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Services and under this Agreement.
The foregoing is subject to the provision regarding Unsolicited Submissions below. Subject to these grants, you retain any and all rights which may exist in Your Content. We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect the rights or property of FLINT Incorporation and our officers, directors, employees and agents;
3. C. Representations and Warranties
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. You further represent and warrant Your Content will not defame any third party and that the use of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.
4. D. Third-Party Content & User Content
You acknowledge that FLINT Incorporation is an online service provider that may post content supplied by third parties and users. We have no more editorial control over the content posted by such third parties (including User Content) than does a public library or newsstand. Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including User Content, are those of the respective authors or distributors and not of FLINT Incorporation or its affiliates or any of their officers, directors, employees, or agents. While we retain the right to filter or reject User Content and other content posted by third parties, we review User Content and other third party content in a limited gate-keeper fashion and have no obligation to investigate whether any content or other User Content violate any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the User Content or any other content posted to the Services by anyone other than FLINT Incorporation. Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their User Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any User Content in whole or in part.
5. E. Unsolicited Submissions
We are pleased to hear from our customers and welcome their comments regarding our Services. Unfortunately, however, long-standing company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Unsolicited Submissions"), the Unsolicited Submissions shall be deemed, and shall remain, the property of FLINT Incorporation. None of the Unsolicited Submissions shall be subject to any obligation of confidence on the part of FLINT Incorporation, and we shall not be liable for any use or disclosure of any Unsolicited Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Unsolicited Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Unsolicited Submissions. You waive any and all moral rights in any such Unsolicited Submissions as well as any claim to a right of credit or approval. The foregoing shall also apply to any creative submissions you make at our specific request, unless otherwise agreed in writing.
VIII. NOTICE OF INFRINGEMENT
Without limiting the foregoing, if you believe that any content, including User Content, or other materials, posted on the Services constitutes an infringement of your copyrights or trademarks, we will respond promptly to any properly submitted notice containing the information detailed below. Please send all notices to the following e-mail address: email@example.com
The written notice of infringement must provide the following information:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement, made under penalty of perjury, that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake or misidentification may be subject to liability under 17 U.S.C. §512(f). Please also be advised that we may terminate or disable user account following repeated notice and takedown requests for two or more postings by the user.
IX. NON-COMMERCIAL USE
The Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Any use of the Services in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Services, is prohibited.
X. ELECTRONIC COMMUNICATIONS
When you use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email (if provided by you) or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
The Services, including certain Apps that are free to download, may contain links to websites operated by third parties, including in-App advertisements. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites.
XII. THIRD-PARTY MERCHANTS / PROVIDERS
The Services may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Services. In addition, the Services may prompt you to establish an account with a third party service provider not owned or operated by us. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third-party service provider. Any disputes you may encounter with such third party service provider shall be settled solely between you and the service provider.
XIII. DISCLAIMERS AND LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED BY US AND OUR WEBHOST ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO REPRSENTATION OF WARRANTIES OF ANYKIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT USE OF THE SERVICES WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE SERVICES; OR (IV) THAT THE SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF PAGNO INCORPORATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITIES. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES OR PROVIDERS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO FLINT INCORPORATION'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICES. NEITHER WE NOR ANY OF OUR AFFILIATES OR PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES OR THE PURCHASE OF ANY PRODUCT, REAL OR VIRTUAL, THEREFROM, EVEN IF WE OR SUCH FLINT INCORPORATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL FLINT INCORPORATION BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FLINT INCORPORATION IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND IF YOU HAVE NOT PAID ANY AMOUNTS DURING THAT TIME PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USING THE SERVICES AND TERMINATE YOUR ACCOUNT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
Notwithstanding the foregoing, nothing in this Agreement limits our liability for fraud, willful injury or violation of law, or any other liability which may not by law be excluded.
Statute of Limitation. Any claim or cause of action arising out of or related to use of the Services or the terms of this Agreement must be filed within 1 year after such claim or cause of action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Apps, contests, sweepstakes or tournaments offered through the Services nor shall any person affiliated, or claiming affiliation with the Services have authority to make any such representations or warranties.
You agree to indemnify and hold FLINT Incorporation, our Providers, subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if Your Content causes us to be liable to another.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
XVII. ENFORCEABILITY/ ENTIRE AGREEMENT/ NON-WAIVER
This Agreement is deemed accepted upon any use of any of the Services. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
XVIII. THIRD PARTY MARKETPLACES
You may not transfer or assign any of the rights or licenses granted to you hereunder without our prior written consent therefor. However, we may transfer or assign all or a part of our rights or responsibilities under this Agreement to someone else without obtaining your consent and without any restriction.
XX. PARENTAL CONTROL INFORMATION
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information on such protection is available at sites such as www.getnetwise.org . The preceding website is provided for information purpose only, and FLINT Incorporation is not affiliated with www.getnetwise.org . This is not intended as an endorsement of www.getnetwise.org ’s site, services, or policies.
The provisions of Sections IV, V, VII, VIII, XI, XII, XIII, XV, XVI, XVII, XVIII, XIX, and XX, XXI and all representations by you hereunder, will survive any termination of this Agreement.
XXI. HOW TO CONTACT US
Technical/ Customer Support
Subject to the other provisions of this Agreement,FLINT Incorporation will attempt to help you with any queries or problems that you may have with the Services or any of your purchases through the Services. To reach our customer support team, please e-mail us at firstname.lastname@example.org . It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
Questions About the Terms or Services Generally
If you have any questions about these terms or our Services generally (other than any technical or purchase issues) you may contact us at: