Terms of Service

This Terms of Service effective on 20 November 2019.

0.About this ToS

The terms of this agreement (“Terms of Service”) are a legal agreement between you and MiniFoxGame Co.Ltd. and its affiliates (hereinafter “MiniFoxGame Co.Ltd.” or “Us” or “We”) regarding your use of MiniFoxGame Co.Ltd. apps, websites and related services (the “Service”). Use of the Service is also governed by MiniFoxGame Co.Ltd. Privacy Policy, which is incorporated herein by reference.

By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. The company reserves the right, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. If you do not agree to the Terms, do not use the Service.

By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

We reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on the MiniFoxGame Co.Ltd. Service.

1.Changes to the ToS

You understand that We may modify these ToS from time to time. MiniFoxGame Co.Ltd. may require that you accept updates to the Service and to MiniFoxGame Co.Ltd. games you have installed on your computer. You acknowledge and agree that MiniFoxGame Co.Ltd. may update the Service and MiniFoxGame Co.Ltd. games, with or without notifying you. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the App. If you continue using the Service after the new terms take effect, you will be bound by the modified ToS.

2.In App Purchases

Generally, from time to time, We may offer additional products and services for purchase.You are only allowed to purchase these products and services from us or our authorised partners through the Service, and not in any other way.These products and services includes but not limite to :

(a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in MiniFoxGame Co.Ltd. games;

(b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”);

(c) other goods or services (“Merchandise”).

MiniFoxGame Co.Ltd. may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. MiniFoxGame Co.Ltd. shall have no liability to you or any third party in the event that MiniFoxGame Co.Ltd. exercises any such rights.

The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to MiniFoxGame Co.Ltd., another user or any third party.

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.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.

The provision of Virtual Items for use in MiniFoxGame Co.Ltd. games is a service provided by MiniFoxGame Co.Ltd. that commences immediately upon acceptance by MiniFoxGame Co.Ltd. of your purchase.

3.License

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant MiniFoxGame Co.Ltd. policies, MiniFoxGame Co.Ltd. grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

1. The following restrictions apply to the use of the Service:

(a) You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to 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 instrument (e.g. paypal) by minors.

(b) You shall not sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by MiniFoxGame Co.Ltd., or previously been banned from playing any MiniFoxGame Co.Ltd. game;.

(c) You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;

2. License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

3. The rights granted to you in this Agreement are subject to the following restrictions:

(a) Engage in any act that MiniFoxGame Co.Ltd. deems to be in conflict with the spirit or intent of the Service or make improper use of MiniFoxGame Co.Ltd. support services.

(b) Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any MiniFoxGame Co.Ltd. Game or any MiniFoxGame Co.Ltd. game experience or without MiniFoxGame Co.Ltd.express written consent, modify or cause to be modified any files that are a part of the Service or any MiniFoxGame Co.Ltd. game.

(c) Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any MiniFoxGame Co.Ltd. game environment.

(d) Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

(e) Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by MiniFoxGame Co.Ltd., including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

(f) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.

(g) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

(h) Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including MiniFoxGame Co.Ltd. employees, including MiniFoxGame Co.Ltd.’ customer service representatives.

(i) Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a MiniFoxGame Co.Ltd. employee.

(j) 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 Service or any MiniFoxGame Co.Ltd.game, or to obtain any information from the Service or any MiniFoxGame Co.Ltd.game using any method not expressly permitted by MiniFoxGame Co.Ltd..

(k) Solicit or attempt to solicit personal information from other users of the Service or any MiniFoxGame Co.Ltd. game 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 Service.

MiniFoxGame Co.Ltd. reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. MiniFoxGame Co.Ltd. reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

4.Ownership

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, 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 using a MiniFoxGame Co.Ltd. game client, and the MiniFoxGame Co.Ltd. game clients and server software) are owned by MiniFoxGame Co.Ltd.. We reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

Any other use, including modification, reproduction, uploading, posting, transmission, or distribution in any form or by any means without our prior written permission, is strictly prohibited.

5.User Content

“User Content” of a user means any and all content that such user creates, uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks associated with 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 you or any third party personally identifiable. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is

(a) accurate and not confidential;

(b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content;

(c) free of viruses, adware, spyware, worms or other malicious code;

(d) you acknowledge and agree that any of your personal information within such content will at all times be processed by MiniFoxGame Co.Ltd. in accordance with its Privacy Policy. MiniFoxGame Co.Ltd. reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

5.1 Scope of License

You hereby grant to MiniFoxGame Co.Ltd. an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content. You also hereby grant to MiniFoxGame Co.Ltd. the right to authorize others to exercise any of the rights granted to MiniFoxGame Co.Ltd. under these Terms of Service.You further hereby grant to MiniFoxGame Co.Ltd. 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.You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

5.2 Content Screening

MiniFoxGame Co.Ltd. assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, 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. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time MiniFoxGame Co.Ltd. chooses, in its sole discretion, to monitor the Service, MiniFoxGame Co.Ltd. nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

5.3 Interactions with other Users

You are solely responsible for your interactions with other users of the Service and please note that there are risks that may arise when dealing with strangers. MiniFoxGame Co.Ltd. reserves the right, but has no obligation, to become involved in any way with these disputes.You assume all risks associated with dealing with other users with whom you come in contact through the Service.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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.

6.Disclaimer of Warranties

UNLESS OTHERWISE EXPLICITLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE DISCLAIMED.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

(A)  ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS;

(B)  PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE;

(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;

(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;

(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;

(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY.

7.Limitation of Liability

UNDER NO CIRCUMSTANCES WILL COLORING OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE 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 OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MiniFoxGame Co.Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MiniFoxGame Co.Ltd. SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO MiniFoxGame Co.Ltd.  YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO MiniFoxGame Co.Ltd.YOUR SOLE REMEDY (AND MiniFoxGame Co.Ltd.’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH MiniFoxGame Co.Ltd. IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that MiniFoxGame Co.Ltd. may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of MiniFoxGame Co.Ltd.’ liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF MiniFoxGame Co.Ltd..

You agree to indemnify, defend and hold MiniFoxGame Co.Ltd. harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8.Termination of Service

Without limiting any other remedies, MiniFoxGame Co.Ltd. may limit, suspend, terminate, modify, or delete accounts or access to MiniFoxGame Co.Ltd. services or portions thereof if you are, or MiniFoxGame Co.Ltd. 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 and persona 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 MiniFoxGame Co.Ltd. is under no obligation to compensate you for any such losses or results.

MiniFoxGame Co.Ltd. reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, MiniFoxGame Co.Ltd. shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

9.Dispute Resolution

If a dispute arises between you and MiniFoxGame Co.Ltd., we strongly encourage you to first contact us directly to seek a resolution by sending us an email developer@minifoxgame.com.

If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MiniFoxGame Co.Ltd. must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and MiniFoxGame Co.Ltd. shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MiniFoxGame Co.Ltd. must be resolved exclusively by a court located in Helsinki, Finland.

10.Force Majeure

The Company will not be responsible for any failure to perform its obligations under this TOS due to circumstances beyond its reasonable control including, without limitation, acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood, or accidents.

11.General

11.1 Assignment

MiniFoxGame Co.Ltd. may assign or delegate these Terms of Service and/or the MiniFoxGame Co.Ltd. Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without MiniFoxGame Co.Ltd.’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.

11.2 Supplemental Policies

MiniFoxGame Co.Ltd. may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

11.3 No Waiver

Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

Any waiver of such rights shall only be effective if it is documented in physical writing, hand signed by You and a duly appointed officer of MiniFoxGame Co.Ltd..

11.4 Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to MiniFoxGame Co.Ltd. are of a unique and irreplaceable nature, the loss of which shall irreparably harm MiniFoxGame Co.Ltd. and which cannot be replaced by monetary damages alone so that MiniFoxGame Co.Ltd. shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any MiniFoxGame Co.Ltd. game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

11.5 Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the MiniFoxGame Co.Ltd. Privacy Policy), contain the entire understanding of you and MiniFoxGame Co.Ltd., and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

 

 

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