Terms of Service
Effective Date: May 25, 2018
Acceptance of Terms
The Terms of Service are a legal agreement between FLYSHER Inc. ("FLYSHER", also referred to as "we", and "us") and yourself ("you") regarding your use of FLYSHER's application or game ("Services" or "Service"). By installing, registering with, using or otherwise accessing any FLYSHER's Services you agree that you have read, understood, accept and agree to be bound by these Terms of Service. If you do not accept these Terms, you are not authorized to use the Service.
FLYSHER’s Services do not offer any ‘real money’ gambling or an opportunity to win ‘real money’ or prizes and is strictly for amusement purposes only. No actual ‘real money’ or anything of value can be won by playing our games and no actual ‘real money’ is required to play.
FLYSHER reserves the right to revise or modify these Terms at any time and you agree to be bound by such revisions or modifications. Such revisions or modifications will be effective upon the date stated at the top of this document. By accessing, using or downloading the Services, you acknowledge and agree that you shall be bound by any such revisions. If you do not wish to be bound by the modified Terms your only remedy is to discontinue your use of the Services and to cancel any accounts you have created using the Services.
If you violate the Terms, FLYSHER reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that FLYSHER needs not provide you notice before terminating or suspending your account(s) but it may provide such notice in its sole discretion.
You agree that FLYSHER may change any part of the Service, including its contents, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
The Service is intended for those 21 years or older of age. You must declare that you are at least 13 years old or older and if you are between the ages of 13 and 18, you must show that you have the consent of a legal guardian. At our sole discretion, we may require proof that you meet this condition in connection with use of the Services. Failure to comply with this condition will result in the closing of your account and the loss of all Virtual Currency or Virtual Goods earned through your use of the Services.
Subject to your agreement and continuing compliance with these Terms, you may use the Services solely for your own non-commercial entertainment purposes by accessing it through your web browser or other application provided by FLYSHER or its service providers and partners. You may not use the Services for any other purpose. This license is subject to certain limitations. Any use of the Services in violation of these limitations will be considered a breach of this Agreement, and may result in disciplinary or legal action against you or your account.
Use of the Service
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
1. Cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications which are designed to modify the game experience to the detriment of fair play.
2. Disrupt, attempt to, or otherwise assist in the disruption of (i) any computer used to support the Services or (ii) any other player’s experience.
3. Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computers.
4. Exploit the Services or any of its parts for any commercial purpose.
5. Promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
6. Reproduce, translate, reverse engineer, modify, disassemble, or decompile, in whole or in part, or create derivative works of the Services.
7. Create an account with or access the Service if you are under the age of 13.
8. Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable.
9. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner.
10. Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone.
11. Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
12. Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed.
13. Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information.
14. Upload or transmit (or attempt to upload or to transmit), without FLYSHER's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
15. Improperly use support channels or complaint buttons to make false reports to FLYSHER.
16. Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage.
17. Deal with Virtual Currencies or Virtual Goods in a manner that violates these Terms, including selling or re-selling Virtual Currencies or Virtual Goods or fraudulently obtaining or acquiring Virtual Currencies, Virtual goods or other products or services.
18. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without FLYSHER's written permission.
19. Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without FLYSHER's written permission.
20. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms.
21. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
22. Attempt to use the Service on or through any service that is not authorized by FLYSHER. Any such use is at your own risk and may subject you to additional or different terms. FLYSHER takes no responsibility for your use of the Service through any service that is not authorized by it.
23. Post or communicate any person's real-world personal information using the Service.
24. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service or interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
Any use of the cheat utilities including but not limited to Smart Bonus Collector, SmartGamesBonusesCollector, fbcollectbonuses and any other bonus collector program will be considered a breach of this agreement and may result in suspension of your in-game activity, suspension or termination of your account or any restriction in our sole and absolute discretion.
Account, Password and Security
During the Account creation process, you may be required to select a password ("Login Information"). The following rules govern the security of your Login Information:
1. You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. FLYSHER will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions.
2. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify FLYSHER and modify your Login Information.
3. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you.
4. You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Service or is otherwise improper or illegal.
5. You undertake to monitor your Account to 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 and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, paypal) by minors.
FLYSHER reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights. You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
You agree that we, in our sole discretion, may terminate your access to or use of the Services, at any time and for any reason, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these Use of the Service in our sole discretion. Upon any such termination, your right to use some portions, if not all, of the Services will immediately cease. You agree that any termination of your access to or use of the Services may occur without prior notice, and that we may immediately deactivate or delete your account, User Name, and password (excluding your Facebook account), and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Services or to any such information or files or we will be required to make such information or files available to you after any such termination.
Charges and Billing
In some cases, you can use Facebook Credits, a stored value (gift card), credit or debit card, PayPal, or other similar accounts (each referred to herein as 'Payment Information'), to pay for optional Services and/or upgrades. When you provide Payment Information to us (or our designated platform providers, licensees or subcontractors), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family members or friends.
You may purchase virtual currency from a Platform (including Facebook), that FLYSHER is associated with, in exchange for ‘real world’ money. This is a transaction between you and the Platform and FLYSHER is not a party. If you purchase Platform Credits, you are agreeing to Platform's terms relating to payment and Platform Credits. FLYSHER is not responsible or liable for any issues related to the services provided by Platform to you in connection with the purchase of Platform Credits. Once you have completed your purchase of Platform Credits you may redeem Platform Credits for in-game currencies and goods.
In-game Currencies and Goods
The Services may include a virtual, in-game currency ('Virtual Currency') including, but not limited to chips, cash, coins, points, cards or items, that may be purchased from FLYSHER for 'real world' money if you are a legal adult in your country of residence. The Services may also include virtual, in-game digital items ('Virtual Goods') that may be purchased from FLYSHER for 'real world' money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for 'real world' money, goods or other items of monetary value from FLYSHER or any other party.
Other than a limited, personal, revocable, non-transferable, and non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services.
FLYSHER has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and FLYSHER shall have no liability to you or anyone for the exercise of such rights.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Services. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for 'real world' money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Services and possible legal action.
You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in FLYSHER's sole and absolute discretion, or if FLYSHER discontinues providing any of its Services.
Reimbursement and Refund Policy
You understand and agree that all sales of Virtual Currency or Virtual Goods made through the Service with ‘real world’ money are final and non-refundable, and FLYSHER is neither liable, nor obligated to provide any refunds under any circumstances.
'Reimbursement' means a compensation for damage or loss in in-game currencies and goods, including but not limited to cash, chips, special lounge free pass period, cards, multiplier items and gift, daily free spins ('items').
You shall be reimbursed if your request was raised within 30 days after the occurrences of damage or loss and the claim has been raised from one of the following damages or losses:
1. Damage or loss in items from server instability, server crash, system malfunction, or operational mistake.
2. Damage or loss in items from an in-game bug, glitch, code or logic error, erroneous policy, or mistaken operation.
3. Damage or loss in items from abnormalities correspondent with activity logs on FLYSHER's system
4. You do not receive purchased items due to any errors on FLYSHER's system.
FLYSHER has no responsibility for damages, losses, or issues, including but not limited to the followings:
1. Damage or loss in items, resulting from unstable settings or circumstances including unstable local internet service, old-version of web browser/flash player, outdated PC or device, web browser error, virus, malware, hacking, duplicate logins to a single account by security breach or ID shares, duplicate logins to a single account in a single web browser, natural disaster, and black-out.
2. Damage or loss, including unpaid compensation (e.g. credit earning) from any possible issues caused by the links to Third Party sites.
Intellectual Property (IP) Ownership
FLYSHER retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, 'Service Materials'). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without FLYSHER's explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written permission from FLYSHER. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
FLYSHER and/or its licensors and affiliates own all rights, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
Third Party Advertising
"Content" means the software, communications, images, sounds, and all the material and information perceived or made available from the Services, whether provided by FLYSHER or by users of the Services. Content also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or the Delivery Platforms, including any responses provided through user surveys.
You acknowledge and agree that all Content, including, without limitation, all accounts, characters created, and virtual items or in-game currency acquired and developed as a result of game play, are the sole and exclusive property of FLYSHER and may be used by FLYSHER (and/or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose, including for commercial or promotional use. You agree that you may only upload or otherwise transmit on or through the Services Content that does not infringe the intellectual property rights of any third party, and you represent and warrant that any Content you do transmit will not infringe the intellectual property rights of any third party.
If you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you agree to and hereby do assign solely and exclusively to FLYSHER all of your right, title and interest in and to such Content, without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity. If such assignment is ineffective under applicable law, you hereby grant to FLYSHER the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in such Content.
You are granted a limited revocable license to post your own character or any other Content that FLYSHER specifically gives you notice may be posted on other websites, on your own personal website or on a third party website so long as the website where the link resides complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party.
FLYSHER representatives may monitor certain Content on the Services, but cannot monitor or prescreen all of the Content on the Services, and do not attempt to do so. FLYSHER and its designees have the right, but not the obligation, to edit, refuse to post, or remove any Content posted on any Services that are deemed objectionable or violate these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by ¡°flagging¡± it or reporting it via the in-game support system. We do not assume any responsibility or liability for Content that is generated by users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services.
You acknowledge and agree that FLYSHER may use built-in tracking features to obtain information regarding your use of the Game, and agree that such information is deemed to be Content for all purposes under these Terms.
Maintenance and Updates to the Service
FLYSHER deserves the right, at any time, scheduled or unscheduled, temporarily or permanently, in whole or in part, to the extent legally permissible: modify or discontinue any of the provided Services, modify or remove any part of the Services, limit the Services’ availability to any person or geographic area, without notice or liability. You agree that FLYSHER will not be held liable to you or any third party for any modification, suspension, or discontinuance of its Services, in whole or in part, temporarily or permanently. Continued use of the Services after the aforementioned modifications or changes will indicate your acceptance to said modifications or changes.
Disclaimer of Warranties
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, FLYSHER, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. FLYSHER makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:
1. Errors, mistakes, or inaccuracies of content;
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;
3. Any unauthorized access to or use of FLYSHER's secure servers and/or any and all personal information and/or financial information stored therein;
4. Any interruption or cessation of transmission to or from the Service;
5. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party;
6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
In no event will FLYSHER, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not FLYSHER has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that FLYSHER shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold FLYSHER, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:
1. Your misuse of and access to the Service;
2. Your violation of any term of these Terms;
3. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
4. Any claim that a user submissions made by you has caused damage to a third party; or
5. Any User Content you post or share on or through the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.
Waiver and Severability
The failure of FLYSHER to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Modification of Terms
We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.
FLYSHER reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with other users, you release and hereby agree to indemnify FLYSHER 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 dispute.
These Terms and any action related thereto shall be governed by and construed under the laws of New York State (without regard to conflicts or choice of law principles). The parties agree that the sole and exclusive forum for any claim or dispute arising out of or relating to this Agreement shall be the appropriate courts of New York State. The parties expressly consent to the personal jurisdiction of such courts. FLYSHER reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND FLYSHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you do not agree with the terms and conditions of this document, please discontinue using any of FLYSHER's services. If there are any questions regarding these Terms and Conditions you may contact us at the following address: firstname.lastname@example.org.