TERMS AND CONDITIONS OF USE
Last Update: July 12, 2018
Fracter is a puzzle adventure game created by 4L Games Ltd. (“4L Games,” “we,” or “us”), that is made available to you via the Fracter mobile application (the “App”), for which we provide further information on the fractergame.com website (the “Site,” collectively, with the App, the “Service”). Please read these terms and conditions of use as set out below (the “Terms”) carefully before using the Service. These Terms govern your access to and use of this Service, including the messages, information, data, text, software, images and other content that make up this Service (the “Content,” which content is part of this Service). These Terms exempt 4L Games and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of this Service.
Your use of this Service is conditional on your acceptance of these Terms. By visiting or using this Service you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms for each use of and each visit to this Service. You also consent to and agree to comply with our privacy statement available at https://www.fractergame.com/privacypolicy (the “Privacy Statement”).
If you do not agree to abide by these Terms, you cannot use this Service or register to receive information about the Service. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically.
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to the Service or communicated to you by us. It is your responsibility to check these Terms each time you access this Service to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of this Service immediately and uninstall the App from your mobile device. Your continued use of this Service after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of this Service and do not alter the terms or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any Content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
You must be 16 years of age or older in the jurisdiction in which you reside as of the time you register with us.
The Service is not targeted at children under the age of 16, and they are not permitted to use the Service. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Service, you affirm you are at least 16 years old.
Any mobile application downloaded via a third party store, such as the App Store or Google Play, may be subject to additional terms and conditions applicable to such store. You acknowledge and agree that the owner of such third party store is not a party to these Terms.
2. Limited Licenses
Subject to these terms, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use this Service, including the Content therein accessible through this Service, solely for your own personal use or your business use if you are an Organization (as defined below).
You may not, nor may you cause or assist another to:
(a) modify, reverse engineer, decompile, create derivative works from, or disassemble this Service for any reason whatsoever, including for the purpose of creating competitive products or services;
(b) resell any Content or include any Content in or with any product that you create or distribute;
(c) copy or store any Content onto your own or any other web site or into a database or mobile application, except that (i) you may download, install and store a copy of the App on your mobile device, and (ii) your computer, browser, or mobile device may temporarily store or cache copies of materials being accessed and viewed;
(d) use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Service (including without limitation uploading, posting or otherwise transmitting on this Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of this Service);
(e) use this Service for commercial purposes or activities, including, without limitation, sending unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(f) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Service or the Content in whole or in part;
(g) post any content to the Service that may infringe upon any third party copyright, registered patent(s), proprietary rights or Third Party Marks; or
(h) use this Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below) or our affiliates or associates; or
(i) interfere with any other persons’ use and enjoyment of this Service or of the Internet generally.
To the extent you are in breach of your obligations under these Terms, 4L Games may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including without limitation your personal information or youridentity) regarding your usage of this Service (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law.
3. Membership and Accounts
To use the App (to be a “User”), you must download the App. To download the App:
(a) You must register with a third party service provider (such as the App Store or Google Play) by providing your real name, password, valid email address and any other information required by such third party service provider. Any personal information which 4L Games collects via the Service or is provided to 4L Games by a third party service provider is subject to our Privacy Statement. You hereby acknowledge that the collection, use and disclosure of your personal information pursuant to the Privacy Statement is for reasonable and appropriate purposes, and is with your knowledge and consent.
(b) You must not use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
4. Transaction Terms
(a) Your use of the App is contingent upon your payment of fees, and such fees are set out prior to your download of the App and as amended from time to time. Please note that prices and charges associated with this App are set out in the currency of the jurisdiction where you download the App.
(b) A third party payment processor on our behalf will invoice you on a per transaction basis for all fees due with respect to a download of the App as well as any processing fee charged to 4L Games by our third party payment processor, if applicable.
(c) Payments will be processed on behalf of 4L Games by a third party payment processor using their secure site. Upon submitting your order your information will be sent to the third party payment processor. Personal information that you submit during the payment process is subject to our Privacy Statement and that of the third party payment processor.
(d) You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes on use by you or anyone you allow to use your account and password to download the App. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address.
(e) 4L Games reserves the right to change the prices, fees and charges associated with the Service at any time and from time to time without any notice or any liability to you or any other person. Our third party payment processor reserves the right to limit the Service provided to any user. 4L Games also reserves the right at any time to reject, cancel or terminate any transaction.
5. Proprietary Rights
This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “4L Games,” and “Fracter” constitute trade-marks, trade names, trade dress and associated products and services of 4L Games or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of 4L Games suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of 4L Games or such third party, as applicable, is strictly prohibited.
6. Linked Services
In these Terms, “Postings” refer to the text, images, comments, or other information posted by a User through this Service.
Certain links on this Service or in Postings made or shared through this Service may take you to other web sites that are not owned or operated by 4L Games. 4L Games provides these links only as a convenience. 4L Games is not responsible for the content of any such linked web sites. 4L Games makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to this Service. However, you agree that if you link to this Service your website shall not (a) alter the visual presentation of this Service; (b) imply that 4L Games or Fracter is endorsing you or any other person, or your or such other person’s products or services; (c) imply an affiliation between you or any other person, or your or such other person’s products or services, and 4L Games or Fracter without the prior written consent of 4L Games; (d) misrepresent the relationship of you or any other person with 4L Games or Fracter or present false, misleading or otherwise damaging information or impressions about 4L Games or Fracter or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
You acknowledge and agree that in no event will 4L Games provide any form of remuneration for any links you may make to this Service.
7. Privacy Statement
Any personal information which 4L Games collects via this Service or indirectly via third party service provider is subject to the Privacy Statement available at https://www.fractergame.com/privacypolicy.
When you interact with this Service, you agree that information about you and your use of this Service, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us.
8. User Communications
Any non-identifiable information gathered by us through your use of this Service may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of this Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
9. User Submissions (solicited and unsolicited)
(a) Subject to any applicable law and the requirements of our Privacy Statement:
(i) We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.
(ii) Any communications sent by you to us via this Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of 4L Games and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
(b) We are not obliged to monitor, screen, police or edit your use of this Service, including any Postings or other content you or others may contribute to this Service, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Service, including without limitation use that constitute copyright infringement.
We make no representation or warranty and there are no conditions of any kind regarding this Service, the Content or the Postings, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content or the Postings, including that they are appropriate or available for use at any locations outside Canada.
Accessing the Service, the Content or the Postings from locations where the Service, the Content or the Postings is illegal is prohibited. Any diversion of the services and/or any Content or Postings obtained from or through the services contrary to Canadian law is also prohibited. If you access this Service from locations other than Canada, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws.
You acknowledge and agree that this Service (including without limitation the Content and the Postings) is provided on an “AS IS” basis and that any use of or reliance on this Service shall be at your sole risk. We do not screen or censor the Postings.
4L GAMES AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE CONTENT OR POSTINGS). FOR GREATER CERTAINTY, 4L GAMES DOES NOT WARRANT THAT THIS SERVICE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, (vi) BE ERROR-FREE OR (VII) BE FREE OF VIRUSES, WORMS, DISABLING PROGRAMMING CODES, INSTRUCTIONS OR OTHER SUCH ITEMS KNOWN AT THE TIME OF DELIVERY THAT MAY THREATEN, INFECT, DAMAGE, DISABLE OR OTHERWISE INTERFERE WITH THE SERVICE.
11.Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL 4L GAMES AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “4L GAMES REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE CONTENT AND THE POSTINGS FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, DAMAGE TO EQUIPMENT, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, THE CONTENT OR THE POSTINGS OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, CONTENT OR POSTINGS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY 4L GAMES REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS OBJECTIVELY FORESEEABLE.
YOU ACKNOWLEDGE THAT 4L GAMES ACTS AS TRUSTEE FOR THE 4L GAMES REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A 4L GAMES REPRESENTATIVE. 4L GAMES AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH 4L GAMES REPRESENTATIVE.
You will indemnify and hold the 4L Games Representatives harmless from and against any claims brought by third parties arising out of your use of this Service, and any breach of these Terms by you, including any use of the Content other than as expressly authorized in these Terms. You agree that the 4L Games Representatives will have no liability in connection with any such breach or unauthorized use or modification, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the 4L Games Representatives in connection therewith.
13. Choice of law
You agree that all matters relating to the access to, or use of, this Service shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any dispute between us and you or any other person arising from, in connection with or relating to this Service, these Terms, any transaction through this Service or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute. The application of 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.
14. Termination of Use
If you breach any provision of these Terms, then you may no longer use this Service. We, in our sole discretion, shall determine whether these Terms have been violated. You agree that we may, in our sole discretion, terminate or suspend your account with or without notice.
Upon termination or suspension of your use, regardless of the reasons therefore, your right to use this Service immediately ceases, and you acknowledge and agree that you shall immediately deactivate or uninstall the App and all related information and files on your device and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. Notwithstanding the foregoing, if you and 4L Games agree to a written agreement and such agreement expressly overrides these Terms, the provisions of such agreement will prevail. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by 4L Games. You and 4L Games are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.
The provisions of these Terms will enure to the benefit of and be binding upon you and 4L Games and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent. In these Terms the word “including” or “includes” or any variation thereof means including, without limitation and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at firstname.lastname@example.org. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership. In addition, we may broadcast notices or messages through this Service to inform you of changes to this Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
By agreeing to these Terms you consent and agree to 4L Games sending you account-based information and alerts regarding your account by email, text and/or push notifications on your mobile device on a periodic basis. In addition, or in the alternative, we may broadcast notices or messages through this Service to inform you of changes to this Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
16. Apple Terms and Conditions
In the event that you have downloaded a version of the Service for use on the iOS platform, the additional provisions set out in this Section apply to your use of such version of the Service. When we say “Apple” in this Section we mean “Apple Inc.”.
The parties acknowledge that these terms are concluded between the parties only and not with Apple, and us, not Apple, are solely responsible for the Service and the content thereof. In the event that these terms provide for usage rules for the Service that are less restrictive than the Usage Rules set forth for the Service in, or otherwise be in conflict with, the App Store Terms of Service as of the effective date of these terms, such usage rules for the Service will not be in force to the minimal extent of such inconsistency.
The Service license is limited to a non-transferable license to use the Service on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Service may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
To the extent any warranty is imposed upon the Service pursuant to any applicable law, in the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Service to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be our sole responsibility.
The parties acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Service or your possession and/or use of the Service, including: (1)
product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation.
The parties acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, you, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) 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 (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third party terms of agreement when using the Service.
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms in respect of the Service, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms in respect of the Service against you as a third party beneficiary thereof.
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.