FULL GAME AHEAD
TERMS OF SERVICE
Last updated:
November 24th, 2020
IMPORTANT - READ CAREFULLY
1. GENERAL TERMS
OF USE
1.1.
Your Agreement to These Terms of
Service. These Terms of Service (“Terms”) govern
your use of all videogames, websites, smart phone applications, Facebook®
applications, services, forums and/or internal messaging systems (collectively,
the "Services") created, licensed, promoted or offered by Full Game Ahead Ltd. (Hong Kong) or
any of its affiliates, including Mango
Family LLC, and Lagoon
Software Ltd. (collectively "FGA"). Your use of the
Services constitutes your acceptance of these Terms. If you do not agree to the
Terms, you may not use the Services. The terms "you,"
"your," and "yours" refer to you, the visitor to or user of
the Services. The terms "we," "us," and "our"
refer to FGA.
1.2.
Updates to the Terms of Service. We have the right to update and/or
change these Terms without prior notice. When we do, we will revise the "last
updated" date at the top of these Terms. You should check these Terms frequently to see
recent changes. You agree that your
continued use of the Services after such changes have been published to the
Services shall constitute your acceptance of such revised Terms. This version of these Terms shall supersede
all earlier versions.
1.3.
Your License to Use the Services. Subject to these Terms, FGA grants
you a non-exclusive, limited, revocable, non-transferable, license to use the
Services, including the products, applications, content and material thereof,
for your personal, non-commercial use. The Services and their content may not
be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in
whole or in part by you for commercial purposes. You may not modify, translate,
reverse-engineer, reverse-compile or decompile, disassemble or create
derivative works from any of the Services or their content. We reserve the right
discontinue the Services or to change the content of the Services in any way
and at any time, with or without notice to you, without liability.
1.4.
You Must Be Thirteen Years Old to
use the Services.
You must be at least thirteen years old to use the Services. If you are not at least thirteen (13) years
old, you are not allowed to use the Services.
By accessing the Services, you represent that you are at least thirteen
(13) years old.
1.5.
Compliance with other Terms of
Services.
If you access the Services through a social networking service (“SNS”),
such as Facebook®, you shall comply with the terms of service of the SNS as
well as these Terms. Your violation of
the terms of service of any applicable SNS shall constitute a violation of
these Terms.
2. ACCESS TO THE
SERVICES
2.1.
Registering to Use the Services. Before accessing or using the
Services, you may be required to create an account with FGA
("Account") or have a valid SNS account through which you connect to
the Services ("SNS Account"). You agree to provide true, accurate and complete
information about yourself (“Account Information”) when creating the Account
or, in the case of an SNS Account, you agree that the Account Information
contained in your SNS Account is true, accurate and correct. You agree to update the Account Information
contained in your Account and/or SNS Account so that it is true, accurate and
complete whenever you are using the Services.
2.2.
Multiple Accounts. You may not have more than one
Account or more than one SNS Account on any single SNS at any given time. You shall not create an Account or SNS
Account using a false identity or information or on behalf of someone other
than yourself. In the event of a dispute
as to any Account or SNS Account, we will consider the Authorized Account Holder
of the email address used to register to be the owner and responsible party for
the Account or SNS Account. The “Authorized
Account Holder” is the natural person assigned an email address by an Internet
access provider, online service provider or other organization responsible for
assigning email addresses for the domain associated with the submitted address.
2.3.
Termination of Your Access to the
Services. You are solely and entirely responsible
for all activities that occur under your Account or SNS Account. We reserve the right to terminate your access
to the Services and/or your Account for any reason, including if we have
reasonable grounds to suspect that you have failed to comply with these Terms.
2.4.
Preservation of game data.
In accordance with our privacy policy and
the provisions of the General Data Protection Rules: The main data of your
player's account and your personal data are kept for 10 years following your
date of last account update. Your current game data are destroyed 45 days
(forty-five days) after your last played game.
3. IN-GAME VIRTUAL
CURRENCY AND VIRTUAL ITEMS
3.1.
Virtual Items. The Services may include an
opportunity for you to earn, buy or use in-game items such as “pearls,” “energy,”
“sublives,” “gems,” or “points” (“Virtual Items”). In some
circumstances, you may pay money to obtain Virtual Items. Virtual Items
are not real money and do not have monetary value.
3.2.
Restrictions on Virtual Items. Virtual Items obtained via the
Services are provided to you under a limited, personal, revocable,
non-transferable, non-sublicenseable license to use within the Services. You
have no property interest, right or title in or to any such Virtual
Items. You shall not rent, lease, sell, trade, gift, bequeath or
otherwise transfer your Account, SNS Account or any Virtual Items to anyone
without FGA’s written permission.
3.3.
Forfeiture of Virtual Items. Virtual Items are forfeited if we,
in our sole discretion, terminate your Account or access to the Services or
discontinue availability of any of the Services. Virtual Items are forfeited if
you disconnect your SNS Account from the Services.
3.4.
Purchasing Virtual Items. Price and availability of Virtual
Items are determined by FGA in its sole discretion and are subject to change
without notice. We reserve the right,
without prior notification, to limit the order quantity on any Virtual Items
and/or to refuse to provide you with any Virtual Items. We generally deliver Virtual Items to your
Account or SNS Account within ten (10) minutes after you purchase them. If Virtual Items have not been properly
delivered to your Account or SNS Account, please contact our customer service
department using the internal messaging system within any of our games for a
full refund of any Virtual Items that were not delivered. There are no refunds after Virtual Items are
delivered. You agree that all sales of
Virtual Items are final.
4. ONLINE CONTENT
AND CONDUCT
4.1.
Communication Channels. The Services may include
opportunities to communicate on online forums, internal messaging, the Bang up Box Facebook® page, the Coin Pusher Facebook® page, the
Prize Fiesta Facebook® page, the Prize Blast Facebook® page, the Maze Fiesta
Facebook® page and/or in-app forums (“Communication Channels”). To access one of our Communication Channels,
you must register for an Account with FGA or access the Services via a SNS Account.
4.2.
User Content. Communication Channels may allow
you to transmit writings, photos, graphics, comments, suggestions, files, links
or other materials (collectively "User Content"). You shall not use any Communication Channels
to transmit or publish any User Content that: (1) you do not have the right to
use or which violates a third party's rights, including without limitation any
privacy, publicity or intellectual property rights; (2) is unlawful, untrue,
defamatory, abusive, tortious, threatening, harmful, obscene, indecent, racist
or pornographic; (3) would constitute or encourage a criminal offense; (4)
contains any viruses, worms or similar software; (5) is harassing to other
users or us; and/or (6) is otherwise objectionable to us in our sole discretion.
You agree not to submit or distribute
User Content that includes personal information about another person without
that person's consent. You agree not to impersonate nor falsely state or
represent your identity in any Communication Channel.
4.3.
Viewing or Receiving User Content. You agree that by using the
Communication Channels and/or Services you may be exposed to User Content that
is indecent, explicit, and/or offensive. You bear all risks associated with use
of the Communication Channels and Services. You agree that by using the
Communication Channels and Services and/or applications that under no
circumstances will we be liable in any way for any damage or loss of any kind
incurred as a result of User Content.
4.4.
Non-Commercial Use of the
Communication Channels.
You many only use the Communication Channels in a noncommercial manner.
You shall not distribute or otherwise publish on any Communication Channel any
material containing any solicitation, promotion or advertising for goods or
services.
4.5.
Other Restrictions on Communication
Channels. You agree not to use any data mining
tools or automation tools such as spiders, crawlers, scripts, bots, or any
automated method of recording information in any Communication Channel. You agree not to engage in or facilitate the
transmission of unsolicited mass mailing or "spamming" using any
Communication Channel. You agree not to collect personal information
about others using any Communication Channel.
4.6.
Grant of License to FGA. By transmitting User Content via
any Communication Channel, you grant and/or warrant that all owners of any such
User Content have expressly granted to FGA a fully paid, royalty-free,
non-exclusive, irrevocable, worldwide, unconditional, perpetual, right and
license to use, reproduce, modify, publish, and distribute all such User
Content and/or to incorporate such materials in other works in any form, media,
technology now known or later developed.
4.7.
Monitoring Communication Channels. We shall have the right, but not
the responsibility, in our sole discretion, to monitor and/or remove any User
Content transmitted by you via the Communication Channels that we believe to be
harmful or offensive, or to otherwise violate these Terms or any other terms
and conditions which we may institute from time to time.
4.8.
We Do Not Endorse User Content. Any opinions, advice, statements,
services, offers or other information or content expressed or made available by
third parties in the Communication Channels are those of the respective
author(s) or distributor(s) and not of FGA.
4.9.
Cheating. Do not cheat when using any of the
Services. Cheating is a violation of
these Terms. If you use or attempt to
use any cheat engine, software, device or process to tamper with or affect the
operation of any of the Services or to gain an unfair advantage over us or any
other user of the Services, your account will be immediately closed. Any attempt to deliberately damage or
undermine the legitimate operation of the Services is a violation of criminal
and civil laws. Should such an attempt
be made, we will seek damages or other remedies from any person engaging in
such conduct.
5. FGA SWEEPSTAKES
5.1.
Some of our
games provide the opportunity for you to participate in one or more sweepstakes
that we sponsor (“FGA Sweepstakes”). You
may receive prizes by participating in and winning a FGA
Sweepstakes. FGA Sweepstakes are subject
to their respective official rules, which can be found at https://www.mango-family.com/rulesList.php in the section Full Game Ahead - FGA PRIZE GAMES.
5.2
FACEBOOK®
DISCLOSURES: FGA Sweepstakes are not in any manner sponsored, endorsed,
administered by, or associated with Facebook®. You understand that you are
providing your information to us and not to Facebook®. The information you
provide will only be used as stated in these Terms and in the Official Rules of
the FGA Sweepstakes. By participating a FGA Sweepstakes, you release and agree
to indemnify Facebook® and hold it harmless from and against any and all costs,
claims, damages, (including, without limitation, any special, incidental or
consequential damages), or any other injury, whether due to negligence or
otherwise, to person(s) or property (including, without limitation, death or
violation of any personal rights, such as violation of right of
publicity/privacy, libel, or slander), due in whole or in part, directly or
indirectly, to participation in FGA Sweepstakes (as applicable), or arising out
of the receipt, use/misuse of, or participation in FGA Sweepstakes-related or
prize-related activity.
5.3
GOOGLE® DISCLOSURES: FGA
Sweepstakes are not in any manner sponsored, endorsed, administered by, or
associated with Google®.
5.4
APPLE®
DISCLOSURES: FGA Sweepstakes are not in any manner sponsored, endorsed,
administered by, or associated with Apple®.
6. PRIVACY
Personal information you provide to FGA is collected and managed by Mango
Family and governed by the Mango Family Privacy Policy, in accordance with the
provisions of the General Data Protection Regulation (GDPR) which can be found
here: https://www.mango-family.com/privacypolicy/
7. TITLE
Unless otherwise specified in these Terms, any and all title, ownership,
rights, and intellectual property rights in and to the Services, including all materials
and content therein, shall remain in FGA and/or its suppliers and are protected
by the copyright laws of the United States and international copyright
treaties. The names and logos, and other graphics, logos, icons, and service
names associated with the Services are trademarks, registered trademarks or
trade dress of FGA or its licensors. You may not use, copy, transmit, modify,
distribute, or create any derivative works from the Services, or any material
or content contained therein.
8. DISCLAIMER OF
WARRANTY AND LIMIT OF LIABILITY
THE SERVICES, INCLUDING ALL CONTENT PROVIDED WITH THEM, ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FGA
DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK, INCLUDING, WITHOUT
LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, ARISING OUT OF
THE USE OF THE SERVICES REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, FGA, THEIR LICENSORS OR SUPPLIERS AND ANY OF THEIR EMPLOYEES, CONTRACTORS,
OFFICERS, DIRECTORS OR SHAREHOLDERS SHALL NOT BE LIABLE FOR ANY COMPENSATORY,
DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OTHER PECUNIARY
LOSS OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) ARISING OUT OF THESE
TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF FGA HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE AND
EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FGA, THEIR LICENSORS OR SUPPLIERS IS TO
STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT FGA IS NOT
LIABLE FOR ANY ACT OR FAILURE TO ACT ON THEIR OWN PART, OR FOR ANY CONDUCT OF,
OR COMMUNICATION OR CONTENT POSTED WITHIN THE SERVICES. IN NO EVENT SHALL FGA OR THEIR EMPLOYEES’,
CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED
THE AMOUNT THAT YOU PAID TO FGA FOR THE SERVICES. IN THE EVENT A STATE OR JURISDICTION DOES NOT
ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FGA LIABILITY SHALL BE
LIMITED TO THE FULL EXTENT PERMITTED BY LAW. YOU FURTHER ACKNOWLEDGE THAT FGA IS NOT
LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FGA LIABLE, FOR THE CONDUCT OF THIRD
PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER EXTERNAL SITES, AND
THAT THE RISK OF USING OR ACCESSING EXTERNAL SITES RESTS ENTIRELY WITH YOU.
9. TERMINATION
You and FGA have the right to terminate or cancel your Account, if
applicable, at any time for any reason. No notice shall be required from FGA
prior to termination of your Account. Virtual Items are unconditionally forfeited
if your Account or SNS Account used to access the Services is terminated or
suspended for any reason or if FGA discontinues the applicable Services.
10. NO
ASSIGNMENT
These Terms and the licenses granted to you herein are personal to you, and may not be assigned without FGA's express written
consent.
11. COPYRIGHT
INFRINGEMENT NOTIFICATION PROCEDURE
FGA’s designated agent for notice of claims of copyright infringement
related to FGA, Bang Up Box, Maze Fiesta, Prize Fiesta, Coin Pusher Plus, Prize
Blast and all affiliated web pages (collectively, the "FGA
Properties") is as follows:
The Law Firm of
Sausser Summers PC,
2 Rosedale Dr. , Charleston, SC 29407 USA *Office accessible by
appointment only
Email: info@onlinetrademarkattorneys.com.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of
claimed infringement related to any of the FGA Properties must be a written
communication addressed to the designated agent as set forth above, and must
include substantially all of the following:
·
A physical or electronic signature
of the owner (or person authorized to act on behalf of the owner) of an
exclusive right that is allegedly infringed;
·
Specific identification of the
copyrighted work claimed to have been infringed, or if multiple copyrighted
works are covered by a single notification, a list of each copyrighted work
claimed to have been infringed;
·
Information related to the work(s)
reasonably sufficient for FGA to promptly locate the work (e.g.
title of work, location within the FGA Properties, etc.);
·
Information reasonably sufficient to
permit FGA to directly contact the complaining party, such as a complete name
and address, telephone number, and an email address;
·
A statement that the complaining
party has a good faith belief that use of the work(s) in the manner complained
of is not authorized by the copyright owner, its agent, or the law;
·
A statement requesting that FGA take
a specific act with respect to the alleged infringement (e.g., removal, access
restricted or disabled); and
·
A statement that the information in
the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
12. MISCELLANEOUS
a.
Arbitration & Jurisdiction. You and FGA agree that the exclusive remedy for all disputes and claims
relating in any way to, or arising out of, these Terms, the Services, or your
use of the Services shall be final and binding arbitration. The arbitration
shall be conducted by a single arbitrator under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"). To the fullest extent permitted by law: no arbitration under
these Terms shall be joined to any other arbitration, including any arbitration
involving any other current or former user of the Services; no class
arbitration proceedings shall be permitted; no finding or stipulation of fact
in any other arbitration, judicial or similar proceeding may be given
preclusive or collateral estoppel effect in any arbitration hereunder (unless
determined in another proceeding between you and FGA); and no conclusion of law
in any other arbitration may be given any weight in any arbitration hereunder.
You and FGA must commence an arbitration by filing a demand for
arbitration with the AAA within ONE (1) YEAR after the date the party asserting
the claim first knows or reasonably should know of the act, omission or default
giving rise to the claim; and there shall be no right to any remedy for any
claim not asserted within that time period.
If applicable law prohibits a one-year limitation period for asserting
claims, the claim must be asserted within the shortest time period in excess of
one year that is permitted by applicable law. You and FGA may litigate in court only to
compel arbitration under these Terms, stay proceedings pending arbitration, or
to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator(s).
You and FGA hereby consent to the exclusive jurisdiction of and venue in the
United States District Court for the Eastern District of Pennsylvania or, if
that court shall lack jurisdiction, to the Court of Common Pleas situated in
the Philadelphia County, Pennsylvania to enforce the provisions of this Section
and to resolve any disputes and claims cognizable in court relating in any way,
or arising out of, these Terms, the Services or your use of the Services. The
court, not the arbitrator, shall determine arbitrability and enforce the
arbitration agreements contained herein, including the prohibition on
consolidated arbitrations and class arbitration. These Terms and all disputes
and claims relating in any way to, or arising out of, these Terms, the Services
or your use of the Services shall be governed by the laws of the Commonwealth
of Pennsylvania and the Federal Arbitration Act, without reference to choice of law principles.
b.
Complete Agreement. These Terms shall constitute the complete and exclusive agreement between
you and us. The Terms may not be modified by you except in a writing duly
signed by you and an authorized representative of FGA. If any provision herein
is held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable, and such decision shall
not affect the enforceability of such provision under other circumstances, or
of the remaining provisions hereof under all circumstances.
13. CONTACT
INFORMATION
FULL GAME AHEAD LIMITED
9th Floor, AMTEL Building
148 des voeux Road central
Central
Hong Kong
Email: customer-service@full-game-ahead.com