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Terms of Service

Fraktalia Studios S de RL Terms of Service (TOS)

 

The terms of this agreement (“Terms of Service” or “TOS”) govern the relationship between you and Fraktalia Studios (“Fraktalia Studios” or “Us” or “We” or “The Company”) regarding your use of Fraktalia Studios games, websites and related services (the “Service”). Use of the Service is also governed by Fraktalia Studios’s Privacy Policy, which is incorporated herein by reference.

 

Before accessing or using the Service, including browsing any Fraktalia Studios website or accessing a game, such as “Robo Jungle Rush”, you must agree to these Terms of Service and the Privacy Policy. By using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook, you shall comply with its terms of service/use as well as these Terms of Service.

 

By installing, using or otherwise accessing the service, you agree to these terms of service. If you do not agree to these terms of service, please do not install, use or otherwise access the service. Use of the service is void where prohibited.

Fraktalia Studios reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the Fraktalia Studios Service. Fraktalia Studios has the right to change this TOS in any way and at any time at it sole discretion. It is your responsibility to review these TOS so you are aware of any changes or updates.

You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Fraktalia Studios Privacy Policy, or any other Fraktalia Studios policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

 

1.The Company reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

2. Your use of the Service is conditioned upon your compliance with the TOS and any use of

the Service in violation will be regarded as an infringement to the Service. The Company reserves the right to terminate your access to the service without notice if you violate these Terms.

3. Any use or registration by any user under thirteen (13) years of age should be supervised by the respective guardian.

4.You areresponsible for the maintenance of the device used for the registration. You agree to notify

the Company immediately if you believe your device may have been stolen or is otherwise being used

by a third party without your permission.

5. Software Licence

Subject to the terms of this document, the Company grants you a non-exclusive, non-transferable licence to:

(a)use the Software as permitted by the Usage Rules set forth in the iOS App Store Terms of Service, if the Software was acquired from the iOS App Store; or

(b)use the Software in compliance with the Terms of Service provided by the relevant Digital Storefront, in all other cases.

You must not rent, lease, lend, sell, transfer, redistribute or sublicense the Software, or make the Software available over a network where it could be used by multiple Devices at the same time.  If you sell or otherwise dispose of, transfer or assign any Devices containing the Software, you must remove any copies of the Software before doing so.

You agree that you will not, under any circumstances:

  • Engage in any act that Fraktalia Studios deems to be in conflict with the spirit or intent of the Service or make improper use of Fraktalia Studios support services.
  • Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Fraktalia Studios Game or any Fraktalia Studios game experience or without Fraktalia Studios express written consent, modify or cause to be modified any files that are a part of the Service or any Fraktalia Studios game.
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
  • Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Fraktalia Studios employees, including Fraktalia Studios customer service representatives.
  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Fraktalia Studios employee.
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Fraktalia Studios game, or to obtain any information from the Service or any Fraktalia Studios game using any method not expressly permitted by Fraktalia Studios.
  • Solicit or attempt to solicit personal information from other users of the Service or any Fraktalia Studios game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

The Company retains all right, title and interest to all Intellectual Property rights subsisting in the Software or any part thereof.

6. Updates

The terms of this document, will govern any service updates (“Updates”), unless such a Update is accompanied by a separate licence supplied by the Company in which case the terms of that licence will govern.

You acknowledge and agree that the Company:

(a) is under no obligation to provide any service updates;

(b) can offer optional paid Updates;

(c) can use Updates to add, remove, modify or otherwise alter features of the Software at its sole discretion, and that such changes will not be a breach of this document;

(d) can require you to install Updates to the Software in order to continue using the Services; and

(e) can provide Updates in such a manner that the Software is unable to be reverted to its previous state.

In order to obtain, install, update, access, use, or continue to access or use the Software and/or Services, you may also be required update third party software on your Device.

You acknowledge and agree that:

(f) the Company is not responsible for such third party updates;

(g) such third party updates may be subject to their own terms and conditions, which the Company strongly recommends you review prior to implementing the third party update; and

(h) if you are unable or unwilling to obtain or install such third party updates, you may be unable to obtain, install, update, access, use, or continue to access or use the Software and/or Services.

7. Ownership

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, world scenarios, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights and documentation) are owned by Fraktalia Studios.

8. Account Suspension and Termination

Fraktalia Studios reserves the right, in its sole discretion, to remove, reject, deny, prohibit, or refuse to

post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without liability. Fraktalia Studios expressly reserves the right to remove your profile or account and/or to deny, restrict, suspend, or terminate your access to the Service or any portion thereof if the we determine or believe, in its sole discretion, that you have violated these Terms of Service or that you pose a threat to its games, we, the Service and/or any other user.

9. User content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Fraktalia Studios game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Fraktalia Studios in accordance with its Privacy Policy. You agree that your User Content will not be returned to you. Fraktalia Studios reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

 

10 . Fees and Purchase items
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Fraktalia Studios games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”).

Fraktalia Studios may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Fraktalia Studios shall have no liability to you or any third party in the event that Fraktalia Studios exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Fraktalia Studios, another user or any third party.

All purchases and redemptions of third party virtual currency made through the service are final and non-refundable.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Fraktalia Studios may revise the pricing for the goods and services offered through the Service at any time. You acknowledge that fraktalia studios is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

 

11. Security

Unfortunately, no data transmission over the internet can be guaranteed as totally secure.  Whilst the Company strives to protect such information, it does not warrant and cannot ensure the security of any information you transmit to it.  Accordingly, any information which you transmit to the Company is transmitted at your own risk.  Nevertheless, once the Company receives your transmission, it will take reasonable steps to preserve the security of such information.

You must take your own precautions to ensure that the process which you employ for accessing the Software and/or the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices.  For the removal of doubt, the Company does not accept responsibility for any interference or damage to your Devices which arises in connection with your use of the Software and/or the Services.

12. Privacy

The Company undertakes to comply with the terms of its Privacy Policy in respect of the Software and the Services. This can be viewed at http://fraktaliastudios.com/privacy-policy, and this Privacy Policy is incorporated into, and forms part of, the terms of this document.

 

13. Disclaimer of warranties
Without limiting Fraktalia Studios liability under section 14 below, the service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Fraktalia Studios does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the game or the service are free of viruses or other harmful components.

14. Limitation of liability; sole and exclusive remedy; indemnification

If a dispute arises between you and Fraktalia Studios, we strongly encourage you to first contact us directly to seek a resolution at contact@fraktaliastudios.com


In no event will fraktalia studios , its affiliates, or its and their respective directors, officers, employees, agents, successors and assigns shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these terms of service or the service itself, whether based on contract, tort or any other legal theory, and whether or not Fraktalia Studios has been advised of the possibility of such damages. Fraktalia Studios shall not be liable to you for more than the amount you have paid to Fraktalia Studios in accordance with these terms of service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Fraktalia Studios during such time period, your sole remedy (and Fraktalia Studios exclusive liability) for any dispute with Fraktalia Studios is to stop using the service and to cancel your account.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Fraktalia Studios may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Fraktalia Studios liability shall be the minimum permitted under such applicable law. In particular, nothing in these terms of service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Fraktalia Studios.

You agree to indemnify, defend and hold Fraktalia Studios harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the service, or any breach by you of these terms of service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

These Terms of Service and any dispute between you and the Company will be governed by and construed in accordance with the laws of Mexico, and both you and the Company agree to submit to the exclusive jurisdiction of Mexico.

This choice of jurisdiction and venue does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. Each party irrevocably waives, to the fullest extent permitted by law, any right to trial by jury in the resolution of any dispute arising out of, or relating to, these terms of service.

15. Severability
You and Fraktalia Studios agree that if any portion of these Terms of Service or of the Fraktalia Studios Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

 

16. General provisions

16.1. Assignment
Fraktalia Studios may assign or delegate these Terms of Service and/or the Fraktalia Studios Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Fraktalia Studios prior written consent, and any unauthorized assignment and delegation by you is ineffective.

16.2. Supplemental Policies
Fraktalia Studios may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

16.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Fraktalia Studios Privacy Policy), contain the entire understanding of you and Fraktalia Studios, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

16.4. No Waiver
The failure of Fraktalia Studios to require or enforce strict performance by you of any provision of these Terms of Service or the Fraktalia Studios Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Fraktalia Studios right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Fraktalia Studios of any provision, condition, or requirement of these Terms of Service or the Fraktalia Studios Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Fraktalia Studios shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Fraktalia Studios.

16.5. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to Fraktalia Studios are of a unique and irreplaceable nature, the loss of which shall irreparably harm Fraktalia Studios and which cannot be replaced by monetary damages alone so that Fraktalia Studios shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Fraktalia Studios game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 13 (if any).

16.6. Force Majeure
Fraktalia Studios shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Fraktalia Studios, including Fraktalia Studios limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Fraktalia Studios control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

17.- Contact

Fraktalia Studios S de RL.

If you have any questions about this document, please contact us at contact@fraktaliastudios.com