TERMS OF SERVICE
Terms of Service and End User License Agreement (“EULA”)
Applicable as from 25 January 2017.
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Fekez Ltd (“Fekez”) regarding your use of Fekez Services (as defined).
The terms of this EULA govern your use of all software and services distributed, published or otherwise made available by Fekez, including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method, any and all updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials, and any and all services provided by Fekez.
Software and services are collectively referred to as “Fekez Services”.
These terms and conditions shall be in addition to (and take precedence over where not prohibited) any terms and conditions, applicable to the relevant distribution platforms (such as an application store, including but not limited to Apple App Store and Google Play) through which you are acquiring or downloading the Fekez Services.
By accessing, installing or using any of the Fekez Services you provide your acceptance of the thersm and conditions of this EULA. If you do not accept these terms and conditions, please stop using Fekez Services.
Licenses. Subject to the acceptance of the terms and conditions of this EULA, Fekez hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the applicable Fekez Services for your personal non-commercial use for gameplay on a single device (computer, tablet, smart phone or game console), unless otherwise specified in the applicable software or service documentation. Any other use of Fekez Services is strictly prohibited.
The rights granted herein are subject to your compliance with this EULA. The Software is being licensed, not sold, to you and you hereby acknowledge that no title or ownership in the Fekez Services is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Fekez Services.
The term of your licenses under this EULA shall commence on the date that you access, install or otherwise use the Fekez Services and terminates on the earlier date of either your disposal of the Fekez Services or termination of this EULA by Fekez. Your license terminates immediately if you use any Fekez Services in breach of any term or condition of this EULA. Upon termination of this EULA, you must stop using the Fekez Services and destroy all copies of the service software and applications which you have downloaded and installed on your device(s).
You are solely responsible for all your use of the Fekez Services. If passwords are needed for the use of Fekez Services (e.g. for creation of a user account), you may not reveal, share or otherwise allow others to use your password, or use passwords of others. You are personally responsible for any use of your possible Fekez Services account, and for all of the communication and activity in connection with the Fekez Services. You are responsible for any use of your credit card or other payment instrument in relation to use of Fekez Services accessed by you by third parties, including minors.
Without limiting any other remedies, Fekez may limit, suspend, terminate, modify, or delete your access to the Fekez Services or parts thereof if you act in breach, or if Fekez suspects such breach, of the terms of this EULA or for any actual or suspected illegal, inappropriate, unethical, improper or defamatory use of the Fekez Services, without notice to you. You may lose, as a result of termination or limitation of your right to use the Fekez Services, material, content, in-app-purchases, privileges and/or items associated with your use of the Services, and Fekez is under no obligation whatsoever to compensate you for any such losses or results.
Intellectual Property Rights. All right, title and interest in and to the Fekez Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof shall remain with Fekez (or its third party licensors as the case may be). Fekez Services are protected by applicable copyright and other laws of Finland and international treaties throughout the world. Unless expressly authorized by mandatory legislation, Fekez Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without specific prior written consent from Fekez. All rights not expressly granted to you herein are reserved by Fekez.
Third Party Services. Fekez services may include links to third party services and/or the third party services may be made available to you via services provided by Fekez. You are solely responsible for your interactions with other users of the Fekez Services and any other parties with whom you may interact by using third party services through the Fekez Services. These third party services may include, but are not limited to gameplay recording, analysis and sharing and social medial connectivity. These services are subject to and will be provided under respective third party terms and conditions and your acceptance of them. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
Purchase of Virtual Goods; Other Costs and Fees. Some features of Fekez Services are available to you for free and some others against payment of applicable fees. Fekez Services provide you with an option to purchase with real money certain virtual goods to be used within Fekez Services. Virtual goods may also be made available for purchase by virtual money to be collected from the Fekez Services (e.g. in a form collecting some specific items in the course of playing a game). Unless otherwise specified, these virtual goods shall be deemed an integral part of the applicable Fekez Services, and these virtual goods may be licensed to you in connection with your use of the Fekez Services.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited for non-commercial use only as set forth above.
You may only buy virtual money by real money if you are at least 18 years old (or of other legal age as applicable in the relevant jurisdiction). In case that you are not entitled to make a purchase, you must seek approval from your legal guardian(s).
ANY PAYMENTS MADE BY YOU IN CONNECTION OF YOUR USE OF THE FEKEZ SERVICES SHALL BE FINAL AND NON-REFUNDABLE. YOU WILL NOT BE ENTITLED TO RECEIVE ANY COMPENSATION FOR UNUSED VIRTUAL GOODS OR FOR UNUSED MONEY, BE IT REAL OR VIRTUAL Fekez also reserves the right, without notice and without any liability to you, to manage, regulate, control, modify or eliminate your possibility to purchase virtual goods.
You are solely responsible for any costs and fees you incur in relation to your access and use of the Fekez Services, including but not limited to fees for downloading, installing, messaging and other data usage on an internet provider’s or mobile service provider’s network.
Personal Data. Use of your personal data is governed by the Fekez Privacy Policy (http://duckndump.com/privacy/). By downloading, installing, accessing or using the Fekez Services you approve to processing of your personal data in accordance with the Fekez Privacy Policy.
Fekez shall take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to Fekez via the Services. You should however understand, that use of internet services always includes security risks. FEKEZ SHALL NOT BE LIABLE FOR ANY LOSS, DESTRUCTION OR MISUSE OF DATA SUBMITTED TO FEKEZ VIA THE FEKEZ SERVICES.
You shall be solely liable for the security of all your own equipment, internet connectivity and software. You will also be responsible for possible damage caused by your equipment or use of the Fekez Services to Fekez and/or third parties. You agree not attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Fekez Services or their accessibility in any manner whatsoever.
Maintenance, Support, Modifications and Feedback. All Fekez Services have been provided “as is”. Fekez shall not have an obligation to provide support, maintenance, corrections, bug fixes or updates to Fekez Services. You will be entitled to updates, enhancements, modifications or bug fixes to the Fekez Services which Fekez may choose to make available, provided, however, that your license to use relevant Fekez Services continues to be valid. In case that you start using a new version of the relevant Fekez Service, you agree that your right to use the earlier versions of the relevant Fekez Services automatically terminates.
You may be willing to provide feedback or development ideas to Fekez for further developmen tof the Fekez Services. Fekez may also ask users to provide feedback in order to be able to develop the Fekez Services and to be able to provide better services to users. In case that you provide feedback or development ideas to Fekez regarding Fekez Services, you hereby grant Fekez a perpetual, irrevocable, royalty-free, unlimited and worldwide license to use and commercially exploit such feedback for further development of the Fekez Services.
No Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FEKEZ SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND BUGS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ACCESSIBILITY, USABILITY, AVAILABILITY OR ASSURANCES OR GUARANTEES OF ANY OTHER KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. FEKEZ, FEKEZ’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM WHATEVER CAUSE.
Limitation of Liability. IN NO EVENT WILL FEKEZ, ITS LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, DOWNLOAD, USE, SHARING OR MALFUNCTION OF THE FEKEZ SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF REVEUNUE OR PROFIT, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR FEKEZ SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT FEKEZ, ITS LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THESE TERMS DO NOT CHANGE YOUR RIGHTS UNDER THE MANDATORY PROVISIONS UNDER THE LAWS OF YOUR COUNTRY. IN CASE OF APPLICATION OF A MANDATORY PROVISION OF LAW, THIS LIMITATION OF LIABILITY SHALL BE INAPPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC TERM OR PART OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY SUCH MANDATORY PROVISION OF FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. FOR ALL OTHER PARTS THIS LIMITATION OF LIABILITY (AS WELL AS ALL OTHER TERMS AND CONDITIONS OF THIS EULA) SHALL HAVE FULL FORCE AND EFFECT.
EXCEPT FOR IN CASE OF APPLICATION OF MANDATORY PROVISION OF APPLICABLE LAW, IN NO EVENT SHALL FEKEZ’S, ITS LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ANY AND ALL DAMAGES EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE FEKEZ SERVICES OR TEN EUROS (EUR 5), WHICHEVER LESS.
Equitable remedies. You hereby agree that if any breach of the terms and conditions of this EULA will cause irreparable damage to Fekez, and therefore you agree that Fekez shall be entitled, without placing a bond or other security, and without an obligation to present any proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
Indemnification. You agree to indemnify, defend and hold Fekez, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Fekez Services pursuant to the terms of the EULA; or (ii) your breach of the terms and conditions of this EULA.
Entire Agreement. This EULA constitutes the entire agreement between Fekez and you regarding the subject matter herein and supersedes all prior agreements and representations between us. Fekez reserves the right, at its sole discretion, to change, modify, add or remove any term of this EULA by posting the updated version of the EULA on Fekez’s website. You will be deemed to have accepted such changes by continuing to use Fekez Services.
Partial Invalidity. If any provision of this EULA is or becomes illegal, invalid or unenforceable in any respect under a law of applicable jurisdiction for any reason, such provision shall be modified only to the extent necessary to make it legally enforceable, and all remaining provisions of this EULA shall remain in full force and effect.
Governing Law and Dispute Resolution. This EULA will be governed by the laws of Finland without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not be applied.
Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at the District Court of Oulu, Finland. You agree that you may bring claims against Fekez in your individual capacity only, and not as a plaintiff or class member in any class action suit.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT OR SERVICES PROVIDED BY FEKEZ, YOU MAY CONTACT FEKEZ. CONTACT INFORMATION:
Fekez Ltd.
PO. Box 25
90101 Oulu
Finland
info@fekez.com