Terms of Service
Terms of Service
- Using the Services
- Restrictions on use of the Services
- Intellectual Property Rights
- User Content
- Links to third party websites and applications
- Limits on liability
- Applicable law
1.2. By downloading, installing, accessing and/or using the Services, whether made available directly by us (for example, via a website or an application installed from a third party’s app store) or via a third party’s social networking website or application (for example, Facebook), you confirm that you have read and understood these Terms and agree to be bound by them. If you do not agree with these Terms, please do not download, install, access and/or use the Services.
- Grant of License
Subject to your agreement and continuing compliance with these Terms and other FTX policies (as applicable), we grant you a non-exclusive, non-transferable, non-sub-licensable, revocable limited license subject to the terms hereof to access and use the Service for your personal, non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
- Restrictions on use of the Services
3.1. The Services are intended for people who are 18 years of age or older. However, if you are between 13 years old and 18 years old, you can use the Services if you have obtained the permission of your parent or legal guardian before using the Services and your parent or legal guardian has read and agreed to these Terms.
3.2. When you use the Services, you undertake that:
3.2.1. you will comply with all laws, regulations and rules in the country in which you are situated when using the Services;
3.2.2. you will only use the Services for your own personal use;
3.2.3. you will not use the Services in any way that is illegal;
3.2.4. you will not use the Services to distribute unsolicited communications, including ‘spam’ email, or otherwise use the Service to advertise, or solicit, or transmit any commercial advertisements;
3.2.5. you will not use or assist in using the Services to transfer viruses, trojans or other harmful programs, or otherwise use the Services in any way that may damage another person’s computer;
3.2.6. you will not access, or attempt to access, the account of any other user; and
3.2.7. you will not attempt to breach our security measures.
3.2.8. You shall restrict use by minors, and you will deny access to the Services by children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment method (e.g. paypal) by minors.
3.2.9. You shall not sell, rent or give away your Services account, create an account using a false identity or information, or on behalf of someone other than yourself.
3.2.10. You shall not use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services, any game experience related thereto or without our express written consent, modify or cause to be modified any files that are a part of the Service or any FTX game.
3.2.11. You shall not 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 Services, or to obtain any information from the Service using any method not expressly permitted by us.
3.2.12. You shall not Solicit or attempt to solicit personal information from other users of the Services 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 Services.
3.3. If we determine, in our sole and absolute discretion, that you have breached these Terms we may:
3.3.1. immediately prevent you from using the Services, including by blocking your account and username;
3.3.2. remove any User Content (as defined below) which you have posted or uploaded;
3.3.3. take legal action against you, including by issuing legal proceedings for all costs, damages and expenses that we incur as a result of your breach; and/or
3.3.4. disclose such information to law enforcement authorities as we feel is necessary.
3.4 WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO FTX SERVICES OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
3.5 WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
3.6. We reserves the right to terminate any account that has been inactive for 180 days.
- Intellectual Property Rights
4.1. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, virtual items, goods or currency, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played, and server software) are owned by or licensed to FTX. We reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with our games and the Services.
4.2. Your use of the Services will not give you any rights in the Services, including in their intellectual property rights.
4.3. You may not copy, reproduce, republish, download, post, transmit, commercially exploit, edit, communicate to the public or distribute in any way any part of the Services, other than for your own personal use.
- User Content
5.1. We may allow you to post, upload or transmit messages, comments, images, sounds, other data and information and/or content on or through the Services, (“User Content”).
5.2. You grant us a non-exclusive, irrevocable, perpetual, transferable worldwide, royalty-free, perpetual license (including the right to sublicense and assign to third party), to use, adapt or modify, display, reproduce, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also grant us the right to authorize others to exercise any of the rights granted to us under these Terms. You further hereby grant us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. We do not claim any ownership rights in your User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit your User Content..
5.3. In granting us a license to your User Content, you waive any rights of attribution and/or “moral rights” in your User Content, or any similar right (these are rights that you have in relation to how your User Content is used).
5.4. By posting your User Content on the Services, you promise to us that you own the rights in your User Content and have the right to grant to us the license above.
5.5. You promise us that any User Content you submit to or post on the Services will not:
5.5.1. be defamatory or illegal (or promote illegal activities) or in violation of contractual obligations;
5.5.2. be obscene, vulgar, distasteful or indecent;
5.5.3. be threatening, abusive or hateful;
5.5.4. discriminate on the grounds of race, religion, gender, sexuality or otherwise;
5.5.5. advertise or promote any goods or services provided by you or any third party;
5.5.6. include your personal details or those of any third party;
5.5.7. make statements about us or the Playtech group that is damaging to our reputation;
5.5.8. breach the rights of others (including copyright and other intellectual property rights).
5.5.9. cause you to breach of these Terms;
5.5.10 be inaccurate or confidential; or
5.5.11. contain viruses, adware, spyware, worms or other malicious code.
5.6. We will not actively monitor or moderate the User Content, but reserve the right to do so. We may review and keep a record of all User Content to check whether it complies with these Terms.
5.7. We are not under any obligation to display User Content. We may remove your User Content if it causes you to breach these Terms or for any other reason in our reasonable discretion.
5.8. You can report another user’s User Content by emailing us or, where applicable, by using any reporting function provided on the social network you are using to access the Services.
5.9. We assume no responsibility for the conduct of any user submitting any User Content, and assume no responsibility for inappropriate content or conduct. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service.
5.10. We will not pay any compensation if there is any loss or damage arising from our publication of any User Content in contravention of these Terms, whether the Services are moderated or not.
- Links to third party websites and applications
6.1. We may provide links to the websites or applications of third parties via the Services, or permit advertisers to display advertisements on the Services.
6.2. We do not control third party websites, applications or advertisements, and are not responsible for their contents. Our inclusion of links and advertisements does not imply any endorsement of the contents of such websites or advertisements, or any association with their operators.
6.3. You should read the terms and conditions and privacy policies of any third party websites or applications accessed via links or advertisements included on the Services.
- Limitation of liability
7.1. WE 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 OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUPERCELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IN THE EVENT YOU HAVE NOT PAID ANYTHING TO US DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.
7.2. Nothing in these Terms shall exclude or limit our liability for:
7.1.1. fraud or fraudulent misrepresentation;
7.1.2. death or personal injury resulting from our negligence or the negligence of our employees or agents; or
7.1.3. any other matter which cannot be excluded or limited by law.
7.1.4. statutory rights of any consumer
7.3. Apart from the circumstances set out above, and to the extent permitted by law, we hereby expressly exclude (on behalf of us, our employees, agents and contractors, and all companies in our group) any liability for damage to your computer or mobile device.
- 8. Disclaimer of Warranties
8.1. THE SERVICES ARE 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.
8.2. We cannot guarantee that any files you download are free from viruses, trojans, contamination or destructive features.
8.3. We use reasonable endeavours to correct any errors or omissions as soon as possible once they have been brought to our attention, but cannot guarantee that the information provided by us as part of the Services itself will be free from errors or omissions.
8.4. While every effort is made to reliably provide the Services, outages and downtime will occur. We do not make any guarantee of uninterrupted service. In particular, Coins may be lost from time to time. Access to the Services may be suspended without notice if there is a system failure or maintenance or repair is required.
8.5. The content of the Services is provided without any guarantees, conditions or warranties as to its accuracy. We disclaim all liability and responsibility arising from any reliance placed on such content by any user of the Services.
8.7. We reserve the right to discontinue, withdraw, terminate or modify the Services or any part of them at any time with or without notice or further liability to you. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of the Services may include disabling your access to the Service or any part thereof including any content you submitted, or others submitted. Please note that, we have no obligation or responsibility to, and will not reimburse or refund, you for any Virtual Items and/or Merchandise lost due to such cancellation, suspension, or termination. You acknowledge that we are not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items and/or Merchandise when your Account is closed, whether such closure was voluntary or involuntary.
7.8. You agree to compensate us for our losses arising from any claims, actions or demands made by any third party due to, or arising out of, your breach of these Terms or your infringement of the rights of another. You agree that the provisions in this paragraph will survive any termination of your access to the Services.
- Fees and Purchase Terms
9.1. In the course of using the Services 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 coins, all for use in our games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorised partners through the Services, and not in any other way. For the avoidance of doubt, Virtual Items have no monetary value and cannot be redeemed or exchanged for cash, property or other items. Virtual Items may only be redeemed for use on the Services. If we suspend or terminate your account in accordance with these terms you may lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
9.2. We may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. We shall have no liability to you or any third party in the event we exercises any such rights.
9.3. The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity.
9.4. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT WE ARE 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.
- Applicable law
8.1. These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.
8.2. The courts of London, England will have exclusive jurisdiction over any claim arising from, or related to, these Terms and your use of the Services.
9.1. There may be additional terms for particular features or promotions, including relating to the granting of virtual items, goods or currency or the purchase of such virtual items. Those additional terms will form part of these Terms and be binding on you.
9.2. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
9.3. These Terms (as amended from time to time) shall be valid from the first time that you use the Services until such time as you cease being a user. We reserve the right to change, modify, add or remove portions of these Terms at any time without providing you with any express notification. The amended Terms will take effect immediately following their publication on the Services, and you agree to be bound by them and to regularly review these Terms for the purposes of monitoring such changes. Your continued use of the Services after amended Terms have been published on the Services shall be deemed acceptance of those revisions. If you don’t agree to any changes, you should stop using the Services.
9.4. We are entitled to transfer these Terms to any other person or legal entity at any time without your prior consent or without providing you with express notification. You have no right to transfer any of your rights or obligations under these Terms without our prior written consent, and any unauthorised transfer by you is void.
9.5. From time to time we may publish additional policies relating to specific parts of the Services, such as applications for mobile devices, contests or loyalty programs. Your right to use such specific part of the Services is subject to those additional policies, which will be incorporated in these Terms.
9.6. During an account creation process, you may be required to select a user name and/or password (“Login Information”). You shall not share the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your account.
9.7. These Terms were last updated in May 2018. We recommend that you print out a copy of these Terms for your records.