These Terms of Use (collectively the "Terms") set forth the legally binding terms and conditions that are applicable to the use of any of the Applications ("Application" or "Applications") of FreakPlanetStudios. In this policy, FreakPlanetStudios may also be referred to as "FreakPlanetStudios", "We", or "Us".
Remember that the Terms constitute an agreement between you and Us. Therefore, we recommend that you carefully familiarize yourself with the Terms. By installing, accessing, or using the Applications, you confirm that you have read and understood the Terms and any other document mentioned in this document, including, but not limited to, our Privacy Policy, and that you agree to be bound by the Terms. You represent and warrant that you have the right, authority, and capacity to accept these Terms and comply with them and that you have fully read and understood the Terms. Your use of the Application constitutes your acceptance of the Terms. Accordingly, if you do not accept or understand the Terms, do not use, install, access, or register in the Application (including any software or application that forms part of the Application). If you do not accept these Terms, you do not have the right to use the Application, in which case you must immediately uninstall and delete all copies of it.
From time to time, we may modify or amend the Terms. If we make changes to these Terms, we will notify of such changes by posting a notice within the Application and updating the "Last updated" date above. If you continue to use the Application after such posting, you accept such change or modification.
AGREEMENT
1.1 License
Subject to the terms of this Agreement, FreakPlanetStudios grants you a non-transferable and non-exclusive license to (a) use for your personal use and (b) copy, for the purpose of downloading, installing and running, the number of copies for which you are authorized by the download site of each Application on a mobile device that you own or control for your use (the “License”).
1.2 Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you may not license, sell, rent, lease, transfer, assign, distribute, host or commercially exploit any Application; (b) you will not modify, translate, adapt, merge, perform derivative works, disassemble, decompile, perform a reverse compilation or reverse engineer any part of the Applications, except to the extent that the above restrictions are expressly prohibited by applicable law; (c) you will not access any Application to create a similar or competitive service or application; (d) except as expressly indicated in this document, no part of any Application may be copied, reproduced, distributed, republished, downloaded, displayed, published or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary marks contained in any Application. Any future release, update or other addition to the functionality of any Application (including in-App purchases, additional levels and game improvements) will be subject to the terms of this Agreement, unless otherwise provided in the terms associated with such addition. All copyright notices and other property notices on any content of the Application must be kept in any copy.
1.3 Local Laws
You are solely responsible for compliance with all applicable laws, including, but not limited to, export and import regulations.
The applications provided to you are licensed to you and are not sold. FreakPlanetStudios (and its licensors, where applicable) own all rights, titles and interests, including all related intellectual property rights, in and for all Applications, excluding your User Content (defined below). This Agreement is not a sale and does not convey any ownership rights over any Application or related to it. The name, logo and product names associated with FreakPlanetStudios applications belong to FreakPlanetStudios (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. FreakPlanetStudios (and its licensors, where applicable) reserve all rights not granted in this Agreement.
2. USER CONTENT
2.1 User Content
"User Content" of a user means all the content that said user creates, uploads, distributes or provides in another way through any Application. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any trust in its accuracy, integrity or usefulness by others, or any disclosure of your User Content that makes you or a third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). FreakPlanetStudios is not obliged to perform a backup of the User Content and the User Content can be deleted at any time. You are solely responsible for creating backup copies of your User Content if you wish.
2.2 License
By uploading, distributing or using your User Content in another way with any Application, you automatically grant, and represent and warrant that you have the right to grant, to FreakPlanetStudios an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, reproduce, distribute, publicly display, perform publicly, prepare derivative works, incorporate into other works and use your User Content in another way, solely to display your User Content in any Application.
2.3 Comments
If you provide FreakPlanetStudios with any comments or suggestions ("Comments"), you hereby assign to FreakPlanetStudios all rights to the Comments and agree that FreakPlanetStudios will have the right to use such Comments and related information in any form it deems appropriate. FreakPlanetStudios will treat any comment you provide to FreakPlanetStudios as non-confidential and non-proprietary. You agree that you will not send FreakPlanetStudios any information or idea that you consider confidential or patented.
2.4 Acceptable Use Policy
The following sets out the “Acceptable Use Policy” of FreakPlanetStudios:
1.(1) You agree not to use any Application to upload, distribute or use in another way any User Content (a) that violates any right of third parties, including copyright, registered trademarks, patents, trade secrets, moral rights and privacy rights, right of publicity, or any other intellectual property or property right; (b) that is unlawful, commercially injurious, defamatory, false or intentionally misleading; (c) that is harassing, abusive, threatening, harmful, vulgar, obscene or offensive, or that contains pornography, nudity or graphic or gratuitous violence, or that promotes violence, racism, discrimination, intolerance, hatred or physical harm of any kind against any group or individual, or that is otherwise objectionable; (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicated or unsolicited messages, whether commercial or otherwise; or (f) that violates any law, regulation or contractual obligation.
2.(2) You agree not to use any Application to: (a) upload or distribute computer viruses, worms, malicious codes or any software intended to damage or alter a computer system or data; (b) collect information or data about other users, including email addresses, without their consent (for example, using robots, spiders or collection scrapers); (c) disable, overload, harm or interfere in another way with the servers or networks connected to the Applications (for example, a denial of service attack); (d) attempt to obtain unauthorized access to the Site or the Application or the servers or networks connected to the Applications (for example, by extracting passwords); or (e) interfere with the use and enjoyment of any Application by another user.
2.5 Application
We reserve the right (but we have no obligation) to review any User Content at our sole discretion. We can delete or modify your User Content at any time and for any reason, at our sole discretion, with or without prior notice.
3. Term and Termination
3.1 This Agreement begins on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the Application, unless it is terminated earlier in accordance with this Agreement.
3.2 Without prejudice to the foregoing, if you used any Application before the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement begins on the date you first use any Application (whichever is earlier and which may be earlier than the Release Date of the Agreement) and will remain in full force and effect while you use any Application, unless it is terminated earlier in accordance with this Agreement.
3.3 We can (a) suspend your rights to use any Application and/or any related service or (b) terminate this Agreement, at any time and for any reason, at our sole discretion, with or without prior notice, even if we have good faith belief that you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, FreakPlanetStudios reserves the right to terminate your Agreement with any user who repeatedly infringes the copyright of third parties upon immediate notification to FreakPlanetStudios by the copyright owner or the legal agent of the copyright owner.
3.4 Upon termination of this Agreement, your right to use the Application will automatically terminate immediately. You understand that any termination may involve the deletion of your User Content associated with it from our active databases. FreakPlanetStudios will not have any liability to you for the termination of this Agreement, including the deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in force: Sections 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8 and 9.
4. Indemnification
You agree to defend, indemnify and hold FreakPlanetStudios (and its suppliers) harmless from and against any claim, demand, loss, damage, liability, costs and expenses (including reasonable attorney fees) presented by third parties as a result of or in connection with: (i) your use of any Application, (ii) your User Content or (iii) your violation of this Agreement. FreakPlanetStudios reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you must indemnify FreakPlanetStudios and agrees to cooperate with our defense of these claims. You agree not to resolve any matter without the prior written consent of FreakPlanetStudios. FreakPlanetStudios will make all reasonable efforts to notify you of any claim, action or procedure upon becoming aware of it.
5. Third Parties
5.1 App Stores.
You acknowledge and agree that the availability of the Application depends on the third party from whom you received the Application, for example, the Apple App Store or Android stores (“App Store”). You acknowledge that this Agreement is between you and FreakPlanetStudios and not with the App Store. The App Store is not responsible for the Application, its content, its maintenance, its support services and its warranty, nor for addressing any claim related to it (for example, product liability, legal compliance or intellectual property infringement). You agree to pay all the fees charged by the App Store in connection with the Application (if applicable). You agree to comply, and your license to use the Application is conditioned on your compliance, with all applicable third-party agreement terms (for example, the terms and policies of the App Store) when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
5.2 Third-party services
FreakPlanetStudios may allow certain third-party applications to provide content through the Application (“Third-Party Services”). The Application can be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When you do so, FreakPlanetStudios will share information with the Third-Party Service as described in the FreakPlanetStudios Privacy Policy. FreakPlanetStudios is not responsible for nor controls Third-Party Services. FreakPlanetStudios provides these Third-Party Services only for your convenience. FreakPlanetStudios has no obligation to review or monitor, and does not approve, endorse or make any representation or warranty regarding Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable terms and policies of the third party apply, including the third party's privacy policies. You must perform any investigation you deem necessary or appropriate before continuing with any transaction related to any Third-Party Service.
5.3 Other users
An Application may contain User Content provided by other users of the Application. FreakPlanetStudios is not responsible for nor controls User Content. FreakPlanetStudios has no obligation to review or monitor, and does not approve, endorse or make any representation or warranty regarding User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we have no obligation to get involved. You agree that FreakPlanetStudios will not be responsible for any liability incurred as a result of such interactions.
5.4 Release
By this, you forever irrevocably and unconditionally release and discharge FreakPlanetStudios (and its suppliers) from each and every claim, demand and right of action, whether known or unknown, that relates to any interaction or act or omission of any Third-Party Service, other Application users or third-party Advertisers.
6. Disclaimers
6.1 THE APPLICATIONS ARE PROVIDED “AS IS” AND ACCORDING TO AVAILABILITY, AND FREAKPLANETSTUDIOS (AND ITS SUPPLIERS) EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. FreakPlanetStudios (AND ITS SUPPLIERS) DO NOT OFFER ANY WARRANTY THAT ANY APPLICATION: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SECURE.
6.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY IN YOUR CASE.
7. Limitation of Liability
7.1 IN NO EVENT SHALL FREAKPLANETSTUDIOS (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGE ARISING FROM OR RELATED TO THIS AGREEMENT OR FREAKPLANETSTUDIOS' PRIVACY PRACTICES, ANY APPLICATION, EVEN IF FREAKPLANETSTUDIOS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS AND USE OF ANY APPLICATION ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING FROM IT. REGARDLESS OF ANYTHING TO THE CONTRARY CONTAINED IN THIS DOCUMENT, FREAKPLANETSTUDIOS' LIABILITY TO YOU FOR ANY DAMAGE ARISING OR RELATED TO THIS AGREEMENT OR FREAKPLANETSTUDIOS' PRIVACY PRACTICES (FOR ANY CAUSE AND REGARDLESS OF THE FORM OF THE ACTION), WILL BE AT ALL TIMES LIMITED TO THE AMOUNT YOU HAVE PAID TO FREAKPLANETSTUDIOS IN THE PREVIOUS 12 MONTHS (IF ANY). IN NO EVENT SHALL FREAKPLANETSTUDIOS' SUPPLIERS HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER.
8. Fees
You agree to pay the applicable fee (to us or to the corresponding distributor) for the Applications you download and for any in-App purchase (such as virtual currency, in-App products, subscriptions) that you perform.
9. General
9.1 Changes to this Agreement
This Agreement is subject to occasional revisions and, if we make substantial changes, we may notify you by prominently publishing the update of the changes on our Site. These changes will take effect immediately for new users of our Applications. Continued use of our Applications after notification of such changes will indicate your acknowledgment of such changes and your acceptance to be bound by the terms and conditions of such changes. The date on which the last update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this web page from time to time to ensure you are aware of any change.
9.2 Notice
Any notification provided to FreakPlanetStudios pursuant to this Agreement must be sent to: notablegames0101@outlook.com
9.3 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
9.4 Entire Agreement
This Agreement is the final, complete and exclusive agreement between you and FreakPlanetStudios with respect to the subjects herein (including all Applications) and replaces and merges all prior discussions and agreements between the parties with respect to such subjects (including any prior End User License Agreements and terms of use or privacy policy). Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles of this Agreement are for your convenience only and have no legal or contractual effect. The word include means include without limitation. Your relationship with FreakPlanetStudios is that of an independent contractor and neither party is an agent or partner of the other. This Agreement, and your rights and obligations set forth herein, may not be assigned by you without the prior written consent of FreakPlanetStudios and any attempt at assignment that violates the above will be null and void. FreakPlanetStudios may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement will be binding on the assignees.
9.5 Applicable law
These terms and conditions are governed and interpreted in accordance with the laws of the United States and you irrevocably submit to the exclusive jurisdiction of the courts of that state or location.
This page lists the advertising partners we work with while providing our Services.
The terms "Services" and "Games", as used on this page, have the same definitions as in our Terms of Use and Privacy Policy.
We work with several advertising partners to display third-party advertisements in our Games or to display our own advertisements outside of our Services. These advertising partners may collect or receive data from us or from our Games, including through the use of cookies, web beacons or other storage technologies. The advertising partners listed below process the data they collect or receive independently of us for the purposes specified in their respective privacy policies (for example, measurement or personalization of advertisements).
ADVERTISING PARTNERS:
- Google: https://policies.google.com/privacy.
- Unity Ads: https://unity3d.com/legal/privacy-policy/
- ironSource: https://developers.ironsrc.com/ironsource-mobile/air/ironsource-mobile-privacy-policy/
- Facebook: https://www.facebook.com/policy.php
- AdMob: https://support.google.com/admob/answer/6128543?hl=es
