End User License Agreement & Terms Of Service
END USER LICENSE AGREEMENT AND TERMS OF SERVICE
LAST UPDATED: 5/30/19
This End User License Agreement and Terms of Service (“EULA”) is between FTX Games Ltd. (“FTX”) and you, an individual user (“you”), and governs your use of FTX’s website at www.ftxgames.com (“Website”), mobile software applications that have been made available for download (“App”), and any related websites or other online properties owned or controlled by FTX (together with the App, the “Service”). BY INSTALLING ANY APP OR OTHERWISE ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICE.
Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
- the Service is licensed, not sold to you, and you may use the Service only as set forth in this EULA;
- the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (“Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- you are responsible for clearing the rights to all User Content you Post to the Service;
- FTX provides the App to you on an “as is” basis without warranties of any kind and FTX’s liability to you is limited;
- if you are resident in the USA, disputes arising between you and FTX will be resolved by binding individual arbitration. By accepting this EULA, as provided in greater detail in Section 12 below, you and FTX are each waiving the right to a trial by jury or to participate in a class action;
- you agree to and acknowledge the “Notice Regarding Apple” below; and
- if you Post (defined in Section 5.1 below) any Objectionable Content (defined in Section 5.8 below) on the Service, then FTX may – but has no obligation to – take any remedial action that FTX, in its sole discretion, deems necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account (defined in Section 3.1 below), removing all of your User Content (defined in Section 5.1 below) from the Service and/or reporting you to law enforcement authorities, either directly or indirectly.
GENERAL TERMS AND CONDITIONS.
- Description. FTX is a publisher of mobile games based on major entertainment properties. We are excited that you are choosing to use the Service. As used in this EULA, “User” means any individual user of the Site, an App or any Service.
- Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY FTX. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Service, you affirm that either you are at least 18 years of age (or the applicable age of majority in your country) or have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age and entered into this EULA on your behalf. Some of the Service may have age ratings, which will be displayed when you purchase and/or download them.
- Changes. As the Service is likely to undergo changes over time, we need the right to modify this EULA to match the changing functionalities of the Service. You therefore agree that FTX may change this EULA at any time without prior notice other than posting an updated EULA to the FTX Website or within our App; provided that FTX will endeavor to provide you with 21 days’ prior notice when there are any material changes, and may require that you subsequently take an affirmative action acknowledging agreement to the revised EULA before continuing to access the Service. You may read a current, effective copy of this EULA at any time at https://ftxgames.com/terms. The revised EULA will become effective at the time of posting on the Service, and your use of the Service after such time will constitute your acceptance of the revised EULA. If any change to this EULA is not acceptable to you, then your sole remedy is to stop using the Service. Notwithstanding the preceding sentences of this Section 1.3, no revisions to this EULA will apply to any dispute between you and FTX that arose prior to the effective date of those revisions.
- Jurisdiction. The Service is controlled and operated by FTX from its offices in the State of California. FTX makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
- Patches and Updates. We may patch, update or change the Service over time (for example to add or remove features, to resolve software bugs or to balance games), which will result in mandatory and/or automatic updates. Therefore, older, un-updated versions may become unusable over time as a result. It is possible that older devices/platforms may cease to be supported over time (although we will use reasonable efforts to notify this to you in advance). As part of these patches, updates or changes, we may need to impose limits on, or remove/restrict access to, certain features. We need these rights in order to keep the Service running efficiently and will not have any liability to you regarding use of them.
- Mobile Services. The Service will be accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your Carrier’s normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your Carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your Carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Service and the related Mobile Services must be in accordance with this EULA.
- Additional Terms. FTX may require you to agree to additional terms and/or policies that it makes available to you from time-to-time in connection with your use of the Service (“Additional Terms”). Except as expressly stated otherwise in Additional Terms, such Additional Terms are hereby incorporated into and subject to this EULA, and this EULA will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency, unless such Additional Terms expressly supersede a term in this EULA.
- Community Guidelines.
In addition to any other restrictions set forth in this EULA, and without limiting those restrictions, when using the Service, you agree not to (and not attempt to):
- delete, alter or make unauthorized copies of any content (whether FTX Content, User Content, or otherwise) made available on or through any part of the Service, excluding any User Content that you have Posted (as defined in Section 5.1);
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up any part of the Service, except to the extent any such restrictions are expressly prohibited by applicable law;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer any part of the Service or content thereon to any third party;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of any part of the Service, features that prevent or restrict use or copying of any content accessible on any part of the Service, or features that enforce limitations on use of any part of the Service or any content thereon;
- delete any copyright or other proprietary rights notices on any part of the Service;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another person’s digital signature, misrepresent the source, identify or content of information transmitted via the Service, or perform any other fraudulent activity;
- create a new Account with FTX, without FTX’s express written consent, if FTX has previously disabled an Account of yours;
- restrict, discourage or inhibit any person from using the Service or disclose personal information about a third person on the Service or obtained from the Service without the consent of that person;
- use the Service, without FTX’s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- gain unauthorized access to the Service, to other Users’ Accounts, names or personally identifiable information or to other computers or websites connected or linked to the Service;
- Post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
- access, tamper or interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers; or
- violate any applicable federal, state or local laws or regulations or the terms of this EULA.
- Accounts. While you may always browse any public-facing portions of the Service without registering with FTX, in order to enjoy certain benefits of the Service, we may require that you download an App or register an account with FTX (“Account”). When you register for an Account, we may require that you provide us with some information about yourself such as your name, email address, and date of birth. When you download an App, your Account is linked to your account at the authorized App marketplace where you accessed the App.
- Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify FTX immediately at email@example.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. FTX will not be liable for any loss or damage (whether direct or indirect) arising from unauthorized use of your credentials prior to you notifying FTX of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Services (defined in Section 8).
- Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as FTX requests. You will update such information promptly, and as necessary to keep it current and accurate. FTX reserves the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by FTX in its sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account that, in FTX’s sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of FTX, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then FTX may terminate your Account immediately without notice to you and without any liability to you or any third party.
General Use of the Service.
- License. Subject to your complete and ongoing compliance with this EULA, FTX hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to: (i) download, access, and use an object code version of the App on any device that you own or control; and (ii) access and use all other portions of the Service made available to the public, in each case, solely for your personal use. Any third-party code that may be incorporated into any App is covered by the applicable open source or third party license, if applicable. For a list of the open source components included in the Service, please refer to the document located at https://ftxgames.com/opensource/.
- Content. Except for User Content (defined in Section 5.1), the content that FTX provides to Users on or through the Service, including, without limitation, any sound recordings (and the musical works embodied therein), audiovisual works (and the sound recordings and musical works embodied therein), text, graphics, photos, software, and interactive features, are protected by copyright or other intellectual property rights and owned by FTX or its third party licensors (collectively, the “FTX Content”). Moreover, FTX solely owns all design rights, databases and compilation, and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
- Marks. The FTX trademarks, service marks, and logos (collectively, the “FTX Trademarks”) used and displayed on the Service are FTX’s registered and/or unregistered trademarks or service marks. Any other product and service names located on any part the Service may be trademarks or service marks owned by third parties (collectively with the FTX Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage FTX or the applicable third party, FTX’s or a third party’s products or services or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without FTX’s prior express written consent. All goodwill generated from the use of any FTX Trademark will inure solely to FTX’s benefit.
- Reservation of Rights. FTX hereby reserves all rights not expressly granted to you in this Section 4. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any FTX Content or Trademarks located or displayed therein.
- Functionality. Certain features and functionalities may only be available on the Website or the App but not both. FTX, in its sole discretion, may provide functionalities across both the Website and the App.
- Suitability. Not all aspects of the Service are appropriate for all Users. The Service may contain references to or portray violence, shootings, crime, illegal activities, or other similar content. Users are responsible for determining the appropriateness of the Service. You should be prudent in your use of the Service, and make sure you are using it in a healthy manner. For example, if you are sensitive to depictions of violence or criminal activity, you should decide whether the Service is right for you, and whether you should refrain from using the Service.
USER Content; License to FTX; feedback.
- Definition. This Section 5 governs any content that Users upload, post or transmit to or through the Service (collectively, “Post”) including, without limitation, photographs, text, sound recordings, musical works or audiovisual works, and any other works subject to protection under the laws of the United States or any other jurisdiction, including, without limitation, patent, trademark, trade secret, and copyright laws (“User Content”). User Content also includes any content hosted on or accessible through an External Service that is made accessible through the Service. For clarity, User Content excludes any and all FTX Content.
- Screening Content. FTX does not pre-screen any User Content, but reserves the right to remove, disallow, block or delete any User Content in its sole discretion. In addition, FTX has the right – but not the obligation – in its sole discretion to remove, disallow, block or delete any User Content: (i) that FTX considers to violate this EULA, applicable law or otherwise constitute Objectionable Content; or (ii) in response to complaints from other Users, licensors or copyright owners or their agents of any FTX Content, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, FTX also has the right – but not the obligation – to take remedial action in connection with any Objectionable Content Posted as described more fully in Section 5.8 below. FTX recommends that you save copies of any User Content that you Post on your personal device(s) or other storage media to ensure that you have permanent access to copies of such User Content.
- Ownership. SUBJECT TO ANY THIRD PARTY RIGHTS IN ANY PREEXISTING CONTENT THAT IS A PART OF YOUR USER CONTENT, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND POSTING YOUR USER CONTENT DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS TO FTX OR ANY THIRD PARTY.
- License to FTX. You hereby grant FTX an unrestricted, assignable, sublicensable, revocable, royalty-free, fully paid-up license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Services, and otherwise exploit and use (collectively, “Use”) all or any part of all User Content you Post by any means and through any media and formats, whether now known or hereafter developed, for the purposes of: (i) advertising, marketing, and promoting FTX, the Service, and the availability of your User Content on the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by this EULA. You must not Post any User Content on or through the Service or transmit to FTX any User Content that you consider to be confidential or proprietary. Any User Content Posted by you or otherwise transmitted to FTX will be considered non-confidential and non-proprietary, and treated as such by FTX, and may be used by FTX in accordance with this EULA without notice to you and without any liability to FTX. Following any termination of the licenses set forth in this Section, FTX may make and retain archival copies of your User Content in a manner consistent with FTX’s practices regarding data retention and backups.
- You Must Have Rights to the Content You Post. You must not Post any User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post. You represent and warrant that: (i) you own the User Content Posted by you or otherwise have all rights necessary to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content does not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights or any other rights of any party, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person resulting from Posting your User Content, including from FTX’s exercise of the license set forth in Section 5.4.
- Through-To-The-Audience Rights. All of the rights you grant in this EULA are provided on a through-to-the-audience basis, meaning the owners or operators of External Services will not have any separate liability to you or any other third party for User Content Posted or Used on such External Services via the Service.
- Waiver of Rights to User Content. By Posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post.
- Objectionable Content. You are not permitted to and agree not to Post any User Content that is or could be interpreted to be, as FTX may determine in its sole discretion: (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; or (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence ((i) and (ii) collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes. If you encounter any Objectionable Content on the Service, then please immediately email FTX at firstname.lastname@example.org. You acknowledge and agree that FTX provides you with the ability to report Objectionable Content as a courtesy, and FTX has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to FTX. However, FTX in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content, including, without limitation, warning the User, suspending or terminating the User’s Account, removing some or all of the User’s User Content and/or reporting the User to law enforcement authorities, either directly or indirectly. By accessing and using the Service, you acknowledge and agree that you may be exposed to Objectionable Content.
- No Liability. For the avoidance of doubt, FTX will not be liable for any use or misuse of User Content by any User.
- FTC Endorsement Guidelines. Notwithstanding any other provision in this EULA, you represent and warrant that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will: (i) make only accurate statements that represent your genuine experience with any product, good or service; and (ii) make all required disclosures pursuant to the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such guides may be amended from time-to-time by the FTC. Follow this link for further information on complying with the FTC’s guidance: https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf.
- Feedback. If you choose to provide FTX with input or suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant to FTX a perpetual, irrevocable, non-exclusive, fully-paid, and royalty-free right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution or fees due to you.
Some aspects of the Service may be released in alpha, closed beta, open beta or other pre-release versions before their full commercial release (or “beta” for short). This is usually to test the features, capabilities, and performance of the product. These are the additional beta rules:
- We will set the conditions and requirements for your beta access. Providing and maintaining a beta, and who can use a beta, is at our discretion.
- We will likely ask you to register for the beta. There may be some waiting time depending on the number of people registering, the load on our servers and other technical aspects.
- Betas will be time-limited and we will decide on when to end them and what happens next.
- Between beta versions we may perform one or more complete server/progress reset(s). After the reset, your account will likely go back to a previous or new state. This may involve a wipe or other change to In-Game Items or Virtual Currency (we will explain how this will work at the time). No cash refunds will be provided in connection with any reset or change.
- We may change, modify or remove features as part of testing and improving the product.
- If appropriate, we may apply confidentiality restrictions to the beta, which will be notified to you at the time.
- We may ask you to provide feedback on the beta – this is optional (but appreciated!).
- Betas will be provided ‘as is’ without any promises from us or any liability on us if it is not complete or does not work fully or causes issues.
- You must not attempt to ‘sell’ or transfer your access to a beta. It is for you, not anyone else.
- We may issue additional terms regarding Service betas. We will notify you in advance if so.
- In-Game Items. Certain features of the Service allow Users to use virtual points, portrayed as currency (“Virtual Currency”) to obtain in-game items or other virtual goods or services (“In-Game Items”). For the avoidance of doubt, Virtual Currency is not real-world currency, despite the title. Exchanging Virtual Currency for In-Game Items is a transaction solely between the User and FTX. Users can purchase a license to use Virtual Currency on the Service. These payments are processed using the in-App purchase functionality provided by the App’s marketplace distributor (e.g., Apple, Google). Virtual Currency may be used only to purchase In-Game Items. Virtual Currency may not be transferred between Users or Accounts and may not be converted, exchanged or otherwise redeemed for government-issued currency or virtual currency, except as required by law. We may limit the amount of Virtual Currency that you may purchase or hold at any time.
- Not Currency. Virtual Currency and In-Game Items (collectively, “Virtual Items”) each perform different functions on the Service and each are subject to their own terms and conditions, as specified in this EULA. They also have some things in common. In particular, all Virtual Items are not money and do not entitle any person to any payment. While we may use terms like “buy”, “purchase”, or “sell” in reference to some Virtual Items, such uses are merely for convenience and do not mean that Virtual Items have any particular value or that they have the attributes of tangible or intangible property. Any Virtual Items that you obtain or access on the Service are provided to you under a limited, personal, revocable, non-exclusive, and non-transferable license to use only on the Service. For clarification, Virtual Items are not a prepaid account, prepaid card, gift card, gift account, gift certificate, or similar instrument. Any and all transfers of Virtual Items between Users (including the transfer of accounts) are expressly prohibited, including, without limitation, any sale, conversion, or exchange, whether direct or through an intermediary such as an auction service. Virtual Items are licensed and made available to you for entertainment purposes only. Virtual Items are not property, and you have no right, title or interest in any Virtual Items, nor any right to exchange Virtual Items for any virtual currency or for government-issued currency, except as expressly provided in this agreement or as otherwise required by law.
- No Liability for Virtual Items. Prices, availability, exchangeability and transferability of Virtual Items are determined by FTX in its sole discretion and are subject to change without prior notice to you. Subject to applicable law and any other written and signed agreement entered into between you and FTX in addition to this EULA, you agree that FTX has the absolute and unrestricted right to manage, restrict, distribute, control, modify, withdraw, cancel, eliminate, change the prices or methods of exchange of, or increase, reduce, or limit the supply of Virtual Items in its sole discretion, and that FTX will have no liability to you or to any third party for exercising any such rights. Under no circumstances will FTX be liable to you for any damages or claims that may arise from the loss of Virtual Items, regardless of the circumstances. Without limiting anything in this Section:
i) if you are resident in the USA or rest of the world (but not the EU), FTX’s liability to you for the loss of any Virtual Items, or the use or enjoyment thereof, will under no circumstance exceed the replacement of such Virtual Items, or the provision of alternative Virtual Items.
(iI) if you are resident in the EU, FTX’s liability to you for the faultiness or loss of any Virtual Items, or the use or enjoyment thereof, will under no circumstance exceed the repair or replacement of such Virtual Items as required by applicable law.
- Availability of Transactions. FTX may from time to time make available opportunities for you to purchase, exchange, spend, receive or redeem (each, a “Transaction”) certain Virtual Items through the Service. Each such Transaction is solely between you and FTX. You agree that Transactions are offered in FTX’s sole discretion and the availability of Transactions is subject to change without prior notice to you. When you choose to make a Transaction through the Service, such Transaction is final and cannot be reversed, refunded or returned. FTX reserves the right to reject, reverse, adjust or impose limitations on any Transaction(s) in its sole discretion, including, without limitation, any Transactions that appear to have been placed in bulk, by automated methods, fraudulently, without authorization, or by dealers, resellers or distributors. Any Transaction offered or made available on the Service is void where prohibited.
- Forfeiture and Expiration of Virtual Items. Virtual Items may be terminated, forfeited, reduced, discontinued or otherwise cease as set forth in this EULA. If FTX terminates your Account in accordance with this Agreement, or if you choose to terminate your Account, your license to all Virtual Items associated with your Account will terminate immediately and all Virtual Items associated with your Account will be forfeited, without compensation of any kind to you.
- Refunds of Virtual Currency.If you are resident in the European Union:
Subject to the terms of any applicable device/platform via which you access the Service: you have the right to withdraw from a purchase of the Service and/or Virtual Items within 14 days of your purchase, without giving a reason. You hereby expressly acknowledge that you lose your right of withdrawal once the performance of our service has begun and your account is provided with access to the relevant Service and/or Virtual Items You agree that the supply of the Service, Virtual Items and the performance of services begins immediately after you complete your purchase. Therefore, once access to the Service and/or Virtual Items have been enabled on your account, the contract has been fully performed by us.
If you are resident elsewhere in the world outside the European Union (including the USA):
Subject to the terms of any applicable device/platform via which you access the Service: all purchases are final and no refunds will be made or returns accepted.
. The Service may contain links to or the ability to share information with third party websites and services (“External Services”). FTX does not endorse any External Services or the content made available on such External Services. All External Services and any content thereon is developed and provided by others. You should contact the site administrator or webmaster for those External Services if you have any concerns regarding such content located on such External Services. FTX is not responsible for the content of any External Services and does not make any representations regarding the content or accuracy of any materials on such External Services. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Services, purchase any content from External Services or subscribe to services offered by such External Service, then you do so at your own risk. You agree that FTX will have no liability to you arising from your use, engagement, exposure to or interaction with any External Services.
TERM AND TERMINATION.
- Term. As between you and FTX, the term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or FTX.
- Termination. You may terminate this EULA by sending written notification to FTX at email@example.com, deleting the App from your mobile devices, or terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you can ask FTX to do so for you by contacting FTX at firstname.lastname@example.org, but no such removal is guaranteed. FTX reserves the right, in its sole discretion, to restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party copyright owner. FTX reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.
- Survival. Sections 1.3, 1.4, 1.5, 1.6, 3.2, 3.3, 4.2, 4.3, 4.4, 5, 6, 7, 8, 9, 11, 12, 13, 14.1, and all defined terms used therein will survive the termination of this EULA indefinitely.
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
- Respect of Third Party Rights. FTX respects the intellectual property of others and takes the protection of intellectual property very seriously, and FTX asks Users to do the same. Infringing activity will not be tolerated on or through the Service.
- Repeat Infringer Policy. FTX’s intellectual property policy is to: (i) remove or disable access to material that FTX believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by “repeat infringers.” FTX considers a “repeat infringer” to be any User that has Posted User Content and for whom FTX has received more than two takedown notices with respect to such User Content. FTX has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon FTX’s own determination.
- Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by FTX with the User alleged to have infringed a right you own or control, and you hereby consent to FTX making such disclosure. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FTX to locate the material;
- Information reasonably sufficient to permit FTX to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Designated Agent Contact Information. FTX’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:Via E-mail: email@example.com
Via U.S. Mail: FTX Games Ltd.
ATTN: Marketing Department
6790 Embarcadero Ln #100
Carlsbad, CA 92011
- Counter Notification. If you receive a notification from FTX that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide FTX with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to FTX’s Designated Agent through one of the methods identified in Section 10.4 and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, then for any judicial district in which FTX may be found, and that the subscriber will accept service of process from the person who provided notification under Section 10.4 above or an agent of such person.A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
- Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to FTX in response to a Notification of Claimed Infringement, then FTX will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that FTX will replace the removed User Content or cease disabling access to it in 10 business days, and FTX will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless FTX’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on FTX’s system or network.
- False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [FTX] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
FTX reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
LIMITATIONS ON LIABILITY AND Warranty Disclaimer
Section 11 does not apply to you if you are resident in the European Union or countries whose laws specifically prohibit the following liability limitations, but it does apply to you if you are resident elsewhere in the world, (for example the USA).
- NEITHER FTX NOR ITS AFFILIATES (COLLECTIVELY, THE “FTX PARTIES”) MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE FTX PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAMED ON THE SERVICE FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
- THE FTX PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO FTX PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
- THE SERVICE AND ALL CONTENT THEREON WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE FTX PARTIES DISCLAIM ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
- IN NO EVENT WILL ANY FTX PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH FTX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FTX’S LIABILITY, AND THE LIABILITY OF ANY OTHER FTX PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO U.S. $100.
- TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE FTX PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- Indemnity. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the FTX Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this EULA; (b) your access to, use or misuse of FTX Content or the Service; or (c) your User Content. FTX will provide notice to you of any such claim, suit or proceeding. FTX reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 11.6 if FTX believes that you are unwilling or incapable of defending FTX’s interests. In such case, you agree to cooperate with any reasonable requests assisting FTX’s defense of such matter at your expense.
DISPUTE RESOLUTION NEXT STEPS IF YOU LIVE IN THE US
consent to electronic COMMUNICATIONS
If you are resident in the European Union and elsewhere in the world (but not the USA), you and we agree that your use of the Services, and this Agreement, and any issues arising out of them, will be governed by and interpreted according to the laws of England and Wales and any dispute regarding it will be exclusively under the jurisdiction of the courts of London, England. In any legal claim under this Agreement, the side which wins will be entitled to its legal fees and expenses. This does not exclude any mandatorily applicable rules or remedies which would be available to you in a legal claim brought under the law of your EU Member State of residence.