TERMS OF USE

Last Update: November 19, 2023

Terms of Use — FreakPlanetStudios



These Terms of Use (collectively the «Terms») set forth the legally binding terms and conditions that apply to your use of any of the FreakPlanetStudios Applications («Application» or «Applications»). In this policy, FreakPlanetStudios may also refer to «FreakPlanetStudios», «We» or «Us».



Please 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 documents referred to herein, including, without limitation, 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 agree to and abide by these Terms and that you have read and fully 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 for the Application (including any software or applications that are part of the Application). If you do not agree to these Terms, you have no 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 provide notice of such changes by posting a notice within the Application and updating the «Last updated» date above. By continuing to use the Application after such posting, you accept such change or modification.



  1. AGREEMENT

 

1.1 License

 

Subject to the terms of this Agreement, FreakPlanetStudios grants you a non-transferable, 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, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Applications, except to the extent the foregoing restrictions are expressly prohibited by law applicable; (c) you will not access any Application to create a similar or competitive service or application; (d) except as expressly provided herein, no part of any Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you must not delete 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 gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in the terms associated with said addition. All copyright and other proprietary notices on any content of the Application must be retained on 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.



1.4 Modification

 

FreakPlanetStudios reserves the right, at any time, to modify, suspend or discontinue the Applications or any part thereof with or without notice. You agree that FreakPlanetStudios shall not be liable to you or any third party for any modification, suspension or discontinuance of any Application or any part thereof.



1.5 Property

 

The applications provided to you are licensed to you and are not sold. FreakPlanetStudios (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Applications, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any ownership rights in or related to any Application. The name, logo and product names associated with the 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.



  1. USER CONTENT

 

2.1 USER CONTENT

 

«User Content» of a user means all content that such user creates, uploads, distributes or otherwise provides 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 reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes it personally identifiable to you or a third party. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). FreakPlanetStudios is not obligated to back up User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you choose.



2.2 License

 

By uploading, distributing or otherwise using your User Content with any Application, you automatically grant, and you 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 sublicense, reproduce, distribute, publicly display, publicly perform, prepare derivative works, incorporate into other works and otherwise use your User Content, solely for displaying your User Content on any Application.



2.3 Comments



If you provide FreakPlanetStudios with any comments or suggestions («Feedback»), you hereby assign to FreakPlanetStudios all rights in the Feedback and agree that FreakPlanetStudios shall have the right to use such Feedback and related data. information in any form it deems appropriate. FreakPlanetStudios will treat any feedback you provide to FreakPlanetStudios as non-confidential and non-proprietary. You agree that you will not submit to FreakPlanetStudios any information or ideas that you consider confidential or proprietary.



2.4 Acceptable Use Policy

 

The FreakPlanetStudios “Acceptable Use Policy” is set out below.

 

1.(1) You agree not to use any Application to upload, distribute or otherwise use any User Content (a) in violation of any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights and privacy rights. , right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, trade libelous, defamatory, false or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene or offensive, or that contains graphic or gratuitous pornography, nudity or violence, or that promotes violence, racism, discrimination, intolerance, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) 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 duplicative 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 code 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 scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Applications (for example, a denial of service attack); (d) attempt to gain unauthorized access to the Site or the Application or the servers or networks connected to the Applications (for example, through password mining); or (e) interfere with another user’s use and enjoyment of any Application.

 

2.5 Application

 

We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time and for any reason, in our sole discretion, with or without notice.

 

  1. 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 earlier terminated in accordance with this Agreement.

 

3.2 Without limiting the foregoing, if you used any Application prior to 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 Version Date of the Agreement) and will remain in full force and effect while you use any Application, unless sooner terminated in accordance with this Agreement.

 

3.3 We may (a) suspend your rights to use any Application and/or any related services or (b) terminate this Agreement, at any time and for any reason, in our sole discretion, with or without notice, even if we are in good faith. I believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, FreakPlanetStudios reserves the right to terminate its Agreement with any user who repeatedly infringes the copyrights of third parties upon immediate notification to FreakPlanetStudios by the copyright owner or the copyright owner’s legal agent. author.

 

3.4 Upon termination of this Agreement, your right to use the Application will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our active databases. FreakPlanetStudios will have no liability to you for any termination of this Agreement, including the removal of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8 and 9.



  1. Compensation

 

You agree to defend, indemnify and hold harmless FreakPlanetStudios (and its suppliers) from and against any claims, demands, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) brought by any third party arising out of or in connection with with: (i) your use of any Application, (ii) your User Content or (iii) your violation of this Agreement. FreakPlanetStudios reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FreakPlanetStudios and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FreakPlanetStudios. FreakPlanetStudios will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.



  1. Third parties

 

5.1 Application Stores.

 

You acknowledge and agree that the availability of the Application depends on the third party from which 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 the App Store. The App Store is not responsible for the Application, its content, its maintenance, its support services and its warranty, or for addressing any claims related to the same (for example, product liability, legal compliance or intellectual property infringement). . You agree to pay all fees charged by the App Store in connection with the Application (if applicable). You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (for example, App Store terms and policies) 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 Thirdparty services

 

FreakPlanetStudios may allow certain third party applications to provide content through the Application (“Third Party Services”). The Application may 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 and does not control Third Party Services. FreakPlanetStudios provides these Third Party Services only as a convenience to you. FreakPlanetStudios has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to 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 should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Services.

 

5.3 Other users

 

An Application may contain User Content provided by other users of the Application. FreakPlanetStudios is not responsible for and does not control User Content. FreakPlanetStudios has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to 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 are under no obligation to become involved. You agree that FreakPlanetStudios will not be responsible for any liability incurred as a result of any such interactions.

 

5.4 Launch

 

You hereby irrevocably and unconditionally release and forever discharge FreakPlanetStudios (and its suppliers) from any and all claims, demands and causes of action, whether known or unknown, arising out of any interaction or act or omission of , any Third Party Services, other users of Applications or Third Party Advertisers.



  1. Disclaimers

 

6.1 THE APPLICATIONS ARE PROVIDED “AS IS” AND AS AVAILABLE, AND FREAKPLANETSTUDIOS (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS 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) MAKE NO WARRANTY THAT ANY APPLICATION: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE

 

AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; 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 TO YOU.



  1. Limitation of Liability

 

7.1 IN NO EVENT WILL 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 DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FREAKPLANETSTUDIOS PRIVATE PRACTICES ACITY OF FREAKPLANETSTUDIOS, ANY APPLICATION, EVEN IF FREAKPLANETSTUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS AND USE OF ANY APPLICATION IS 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 THAT RESULTS THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FREAKPLANETSTUDIOS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR FREAKPLANETSTUDIOS’S PRIVACY PRACTICES (FOR ANY CAUSE AND REGARDLESS OF THE FORM OF THE ACTION), SHALL BE AT ALL TIMES LIMITED TO THE AMOUNT YOU HAVE PAID TO FREAKPLANETSTUDIOS IN THE PRECEDING 12 MONTHS (IF ANY). IN NO EVENT SHALL FREAKPLANETSTUDIOS SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH 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 JURISDICTION TO JURISDICTION.



  1. Rates

 

You agree to pay the applicable fee (to us or the applicable reseller) for the Applications you download and for any in-App purchases (such as virtual currency, in-App products, subscriptions) you make.



  1. Generales

 

9.1 Changes to this Agreement

 

This Agreement is subject to occasional revision, and if we make material changes, we may notify you by prominently posting updated changes on our Site. These changes will be effective immediately for new users of our Applications. Continued use of our Applications following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. The date 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 changes.

 

9.2 Warning

 

Any notice provided to FreakPlanetStudios pursuant to this Agreement must be sent to: notablegames0101@outlook.com

 

9.3 Divisibility

 

If any provision of this Agreement is, for any reason, held invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted. by law.

 

9.4 Complete agreement

 

This Agreement is the final, complete and exclusive agreement between you and FreakPlanetStudios with respect to the subject matter hereof (including all Applications) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matter (including any prior purposes

 

User license agreements and terms of use or privacy policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word include means to 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 herein, may not be assigned by you without the prior written consent of FreakPlanetStudios, and any attempted assignment in violation of the foregoing 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 by and construed in accordance with the laws of 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 in 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 various advertising partners to display third-party ads in our Games or to display our own ads outside of our Services. These advertising partners may collect or receive data from us or 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 from us for the purposes specified in their respective privacy policies (for example, measurement or ad personalization).



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

 

– Admobs: https://support.google.com/admob/answer/6128543?hl=en