Terms of Use

1. Terms of Use Overview

This agreement and its terms ("Terms of Use") govern the relationship between Fun Flavor Games Martin Dirks (hereinafter "FFG", "we", "us" and "our"), a German company located at 76131 Karlsruhe, Durlacher Allee 53 and you ("User" or "Your" or "You") regarding your use of FFG's games, websites and related services (the "Service"). Please also note the FFG privacy policy, which also governs your use of the service. These Terms constitute a legal agreement and contain important information about your rights and obligations related to our service. Before accessing or using the Service or registering for an Account (the "Account") to use the Service, you must agree to the Terms of Service and the Privacy Policy.

BY ACCESSING, INSTALLING OR USING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SERVICE AND YOU MUST STOP ANY ACCESS OR USE OF OUR SERVICE.

By using the service, you confirm that you are at least 13 years old. If you are between the age of 13 and 18, your legal guardian has reviewed and agrees to these terms.

FFG reserves the right to change, remove or add to any part of these Terms of Use and the Privacy Policy at any time by posting the amended terms on the FFG Services. You can access the latest version of these terms at http://www.funflavorgames.com/privacy.html and http://www.funflavorgames.com/terms.html. You accept such changes by continuing to use the Service. Your license to use the Service will terminate immediately if you disagree with the current version of our Terms of Use and / or the FFG Privacy Policy. This means that you must stop accessing and / or using the Service.



2. Access and use of the service

2.1 Your limited license to use the service

If you fully agree to our Terms of Use and Privacy Policy, we grant you a nonexclusive, nontransferable, non-sublicensable, revocable, and limited license to access and use the Service for your own noncommercial purposes. You agree to not to use the Service for any other purpose. These terms also apply to updates or patches of the Service that we may post.

Our service may include virtual currency such as diamonds ("virtual currency") or items to be used within our service, such as chests ("virtual goods") that can be purchased with "real" money. YOU UNDERSTAND AND AGREE THAT YOU HAVE A RESTRICTED, NON-TRANSFERRED, NON-TRANSFERRING, PERSONAL LICENSE TO USE VIRTUAL MONEY OR VIRTUAL GOODS AND YOU OWN NO VIRTUAL MONEY OR VIRTUAL GOODS. If you lose or damage a device, we will not be able to recover data on any other device, including virtual money and / or virtual goods.

As described in Section 1, you may not create an account or access the Service if you are under the age of 13. You must restrict the use of minors and deny access to children under 13 years. You are fully responsible for the unauthorized use of the Service and its credit card or other payment options (such as PayPal) by minors.

You may not use your account for commercial purposes (including advertising or messages to third parties, including chain letters or spam emails). You accept full responsibility for the consequences if your credentials are not kept secret and agree to indemnify us for any loss or damage that may result from such act. This includes selling, lending or giving away your account, or creating an account with a false identity or information that is prohibited under these Terms of Use.

By creating an account in our service, you agree that you will take all necessary steps to protect and keep your credentials secret so that you do not share your credentials with third parties or allow third parties to use your credentials or account. You are solely responsible for maintaining the confidentiality of the credentials and everything that happens about your account, including the purchases you have authorized. Your account will only be used by you, and we will not be liable for any damages suffered by third parties or unauthorized persons who access your account and / or use our service. You agree that FFG may occasionally update the Service, including third-party software, with or without notice to you.


We do not guarantee that the service or parts of it will be available at any given time or that we will continue to provide the service or parts of the service. Regarding the availability of the service we give no guarantee or assurance. We reserve the right, at our sole discretion, to change or discontinue the Service at any time or without notice. YOU AGREE THAT THE SERVICE OR PARTS OF THE SERVICE CAN BE CANCELED IN WHOLE OR IN PART OF YOUR OTHER DISCRETION WITH OR WITHOUT PRIOR NOTIFICATION. YOU ASSUME ALL LOSS RISKS WHICH COME WITH THE TERMINATION OF THE SERVICE OR PARTS OF THE SERVICE. We will deliver our service according to the legally required standards.


 

2.2 Limitations

Any violation of the following license restrictions is strictly prohibited and may result in the immediate revocation of your limited license and liability for legal violations. You agree that under no circumstances:

  • use our service for abusive or fraudulent purposes
  • attempt to decompile, disassemble, decrypt, or otherwise hijack our service or services of our partners to derive source code or other information.
  •  try to overcome encryption technologies, security measures or transmitted data processed or transmitted by us or our partners
  • to anonymize, disguise or hide your IP address or the sources of content you upload
  • use cheats, exploits, mods, automation software, bots, hacks or unauthorized third-party software to interfere with the service and / or a FFG game, or do anything else a reasonable person probably thinks this is not the mind fair play or these conditions
  • engage in any type of attack, including but not limited to the distribution of a virus or other attempt to interrupt the service or the service of another person
  • use another email address than your own to log in to our service
  • to create more than one account per platform to use our service
  • to publish material or information about the Service that violates copyright, trademarks, patents, trade secrets, the right of privacy or other rights of a person or company
  • to collect, distribute and / or store information from other persons using our service
  • violate any terms of any affiliate affiliated with our service
  •  use our service to hurt people or to insult or harass people
  • to create more than one account per platform to use our service
  • interrupt or overload the servers that provide our service
  • sell, lend or give away your account or related virtual goods and / or virtual money
  • to buy or rent an account from another person
  • create an account with a wrong identity or information
  • abusive use of FFG customer services
  • interfere with the normal course of the service or act in any other way that interferes with the ability of other players to compete fairly, including manipulating leaderboards and using mistakes in the service to gain an advantage over other players
  • to spread defamatory, threatening, obscene, abusive, racist, sexual, religious-offensive information or to display any form of toxic behavior, including but not limited to the publication of information containing excessive force, nudity or news, which contain a link to such content
  •  violate any intellectual property rights
  • use our service for commercial purposes or for the benefit of third parties
  • to use our service in violation of applicable regulations or laws
  • abuse, harassment, violation or advocacy or incitement to molestation, abuse or injury to another person or groups or attempting to do so


FFG reserves the right to decide which behavior violates the terms of use and reserves legal and technical measures. This may include the cancellation of your account and the prohibition of using the service in whole or in part.

If you are concerned that another person will not comply with these terms, please contact legal@funflavorgames.com.



2.3 Suspension and termination of the service and the account

YOU AGREE THAT IF YOU OR WE, IN THE CASE OF THESE TERMS, DELETE YOUR ACCOUNT THAT YOU MAY LOSE ACCESS TO ANY DATA WHICH HAS BEEN LINKED TO YOUR ACCOUNT. This may result in you losing your username, benefits, privileges, earned items and purchased items associated with your account. FFG IS NOT OBLIGATED TO COMPENSATE YOU FOR SUCH MEASURES OR LOSSES.

YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE NO PROPERTY RIGHTS IN AN ACCOUNT YOU CREATE WITH THE SERVICE. We may terminate, suspend, cancel or change your account at any time, with or without notice to you, for any reason or for no reason.

IF YOU HAVE BEEN BANNED BY FFG FROM THE GAME, DO NOT USE THE SERVICE AGAIN. WE ALSO KEEP THE RIGHT TO DELETE YOUR ACCOUNT IF YOU ARE NOT ACTIVE FOR 180 OR MORE DAYS. IN THIS CASE YOU MAY NOT ACCESS THE VIRTUAL MONEY AND / OR VIRTUAL GOODS ASSOCIATED WITH YOUR ACCOUNT. In this case, no refund or compensation will be offered.

FFG also reserves the right to discontinue the  Service or any part of it at any time, resulting in the automatic termination of your license. In this case, no refund or compensation will be offered.

Please contact info@funflavorgames.com if you want to cancel your account.


 

3. Content and behavior of users

Within our service, you may share "user content"; that is all types of data, communications, software, sound, images, information, tags, graphics, videos, or other material that you or any other user submits, uploads and transmits, or in any way make available through our service ("User Content").

You are solely responsible for your User Content and any interaction with other Users. By sharing, sending, uploading, transmitting, or otherwise providing User Content, you accept, acknowledge, guarantee, and assume responsibility for your User Content:

  • comply with all laws, contractual restrictions or other rights of third parties
  • is always true, accurate, complete and neither misleading nor confidential
  • does not contain adware, viruses, worms, spyware, advertising material, unauthorized advertising, chain letters or spam
  • is not harmful, unlawful, harassing, defamatory, defamatory, obscene, offensive, racist or violent
  • complies with the privacy policy of FFG


Because we can not control, preview or monitor all user content, we do not guarantee the integrity, accuracy, or quality of the user content. We also assume no responsibility for user content or content that is transmitted through our service. You agree that by using our service, you may be exposed to User Content that you consider indecent, objectionable or otherwise in conflict with your expectations. As we are in no way and under no circumstances liable for User Content, you are responsible for all risks associated with the use of User Content in our Service.

FFG reserves the right to remove, review, prohibit, edit, delete and disable User Content without stating reasons. In disputes with other users, you exempt us from all obligations, damages and claims of any kind, known or unknown, resulting from or in any way related to such disputes. FFG reserves the right to engage in non-binding disputes that you may have while using the service. In this case, you agree to full cooperation.

WE DO NOT REQUIRE OWNERSHIP RIGHTS TO YOUR USER CONTENT AND ASSUME NO RESPONSIBILITY TO MONITOR OR PROTECT YOUR INTELLECTUAL PROPERTY RIGHTS FOR YOUR USER CONTENT.

When creating User Content, you grant FFG a perpetual, irrevocable, full, free, worldwide, transferable license to repair, copy, reproduce, adapt, modify, create derivative works, manufacture, publish, distribute, sell, market, license, sub-license, broadcast, lease, transmit, display, broadcast, publicly communicate through telecommunications, perform,  access computer memory and use your User Content in any manner whatsoever, such as any modified and derivative works related to our service, including marketing and advertising for the service. You hereby grant us the right to authorize others to exercise any rights granted to FFG under these Terms of Use. You hereby grant FFG the irrevocable, unrestricted right to use any information or materials related to your User Content. In addition, you hereby waive all rights to attribution and / or moral rights (such as the right to be named as the author) that you have in your User Content, unless prohibited by law.

Please contact legal@funflavorgames.com if you are worried that someone will not comply with these terms.


 

4. Intellectual property

You acknowledge that all trademarks, copyrights, and other intellectual property rights in and with respect to the Service (other than User Content) are owned or licensed by us.

YOU DO NOT HAVE OWNERSHIP OF OUR SERVICE AND ACKNOWLEDGE THAT ALL RIGHTS AND CONTENT CONTENT, INCLUDING ANY VIRTUAL MONEY OR VIRTUAL GOODS (IF THIS WAS SPONSORED OR ACQUIRED FROM FFG), ARE IN POSESSION OF FFG.


 

5. Purchases

As described in Section 2.1, you may acquire a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency or virtual goods. FFG can regulate, control, modify or exclude virtual goods and / or virtual money at any time with or without prior notice and will not be liable to you or to third parties if FFG exercises such rights. You agree that virtual currency and / or virtual goods are not transferable to individuals. You agree not to transmit or attempt to make any virtual currency and / or virtual goods. You also agree that virtual currency and virtual goods have no monetary value and can never be exchanged for real money, services or goods by us or others after the purchase. You can also collect virtual goods with variable results. In accordance with national rules and regulations, the contents of the chests that can be purchased in the game can be viewed prior to purchase.

We may change prices at any time and / or limit the amount of virtual goods and virtual currency. Virtual goods or currency are usually purchased through your platform provider and are therefore subject to the terms of service of your platform provider. The bank they use for the transaction may require additional fees. We accept no liability for additional fees as we have no control over them. You agree to pay all fees, applicable taxes, and other expenses incurred by you or any other user of an account you have registered with.

You agree that all sales in respect of virtual money and / or virtual goods are final and will not be refunded after a transaction has been completed. The provision with virtual goods or  virtual currency begins immediately and your purchase is completed as soon as virtual goods and / or virtual money have been successfully added to your account. Your right of withdrawal will be lost once your virtual goods and / or your virtual money have been successfully added to your account.

YOU AGREE AND ACCEPT THAT FFG IS NOT REQUIRED TO GRANT A REFUND IN ANY CIRCUMSTANCES, AND THAT YOU WILL NOT BE COMPENSATED FOR UNUSED VIRTUAL CURRENCY AND VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER IT WAS VOLUNTARY OR INVOLUNTARY. If we suspend or terminate your account, you may lose virtual currency and virtual goods. We will not compensate you for this loss and offer no refund.

 

6. Limitation of liability and disclaimer

FFG IS NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF PROFITS, COMPUTER DAMAGES, LOSS OF DATA, OR MALFUNCTIONS, TO THE EXTENT ALLOWED BY LAW AND, EXCEPT AS PROVIDED BY LAW, FOR ANY PERSONAL INJURY, EVEN IF FFG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE YOU HAVE SPENT FOR THE COST OF LICENSING ANY VIRTUAL GOODS OR VIRTUAL CURRENCY OR OTHER PARTS OF OUR GAMES OR SERVICES.

THE SERVICE IS PROVIDED TO YOU IN THE MEANING OF "AS IS" AND "AS AVAILABLE" FOR YOUR USE. WE ASSUME NO OTHER WARRANTIES OR LIABILITIES.

However, this may not apply to you if your jurisdictions do not allow the exclusion of certain warranties. In this case we assume the liability according to the legal minimum standards.


 

7. General provisions

7.1. Complaints and dispute resolution

Most problems can be solved quickly. If you have a dispute with FFG, we urge you to contact legal@funflavorgames.com. If you wish to continue bringing action against FFG, these terms and conditions are governed by German law in all respects. You agree that any disputes you may have against FFG must be resolved by a court in Karlsruhe, Germany only.

 

7.2. Severability clause

You and FFG agree that if any part of these Terms of Use or the Privacy Policy is deemed to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue to be in full force, without prejudice to the provision or the provision becomes invalid. The provision is replaced by a valid provision that comes closest to the intent and economic effect of the invalid provision.


7.3. Complete agreement

These Terms of Use and the FFG Privacy Policy contain the full knowledge of you and the FFG and supersede all prior agreements of the parties on this subject, whether electronic, oral or written or by habit, practice or precedent between you and us ralated to the service.

 

7.4. Waiver of our rights

Waiver of any breach of these Terms of Use shall be effective only if made in writing and signed by an authorized representative of the waiving party. The waiver by one party of an infringement can not be interpreted as a waiver of another or a subsequent breach.

 

7.5. Assignment

FFG may transfer these Terms of Use and / or the FFG Privacy Policy or any part thereof at any time with or without your consent to individuals or organizations. You may not delegate or assign any rights or obligations under the Terms of Use or the Privacy Policy without the prior written consent of FFG.

 

7.6. Hints

 

We will notify you by posting on www.funflavorgames.com, by e-mail or through other means of communication provided to us. Your communications to us are only valid if they are addressed in writing to the following address:

Fun Flavor Games
Martin Dirks
Durlacher Allee 53
D-76131 Karlsruhe

Germany
 

7.7. Force majeure

FFG shall not be liable for delays or omissions in the performance of its obligations under this agreement if such delays or omissions are caused by conditions beyond its control, including, but not limited to, war or other emergency situations, significant malfunctioning of the Internet, terrorist attacks, riots, embargoes, strikes, denial of service attacks, natural disasters (including, but not limited to, fire, floods, accidents or earthquakes), telecommunications line failures, power outages, acts of violence, system outages or labor disputes.

 

8. Questions about these conditions

Please email legal@funflavorgames.com if you have questions, comments or concerns about our Terms of Use.

 

These terms were last updated on 17 June 2019.