TERMS & CONDITIONS

Last updated: March, 27th 2024

Identification

FANHAPTIC STUDIO SARL, a limited liability company (SARL) with a capital of 1000 euros, is identified by registration number 984 153 668 R.C.S Reims.

Registered office address: 55 rue coquebert, 51100 Reims.

Email: contact@fanhapticstudio.com

Director of Publication: Julien BARANDE

Site host: Hostinger International Ltd., Cyprus private limited company, registered address 61 Lordou Vironos str., 6023 Larnaca, Cyprus.

1. Introduction and Acceptance of Terms of Service

Welcome, and thank you for your interest in the products and services provided by FANHAPTIC STUDIO.

FANHAPTIC STUDIO operates as a developer and publisher of games and mobile game applications.

These Terms of Service (the “Terms“) establish a legally binding agreement governing the relationship between you (“you” or the “End-User“) and FANHAPTIC STUDIO SAS (“FANHAPTIC STUDIO”, “we”, “us”, “our“) regarding your access to and/or use of FANHAPTIC STUDIO’s games (the “Games“), websites (the “Website“), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to them (collectively, the “Services“), whether accessed through your computer, a mobile device, or any other platform.

Your utilization of our Services is additionally subject to the provisions outlined in FANHAPTIC STUDIO’s Privacy Policy, which is incorporated herein by reference.

By agreeing to these Terms, you acknowledge that they extend to the benefit of FANHAPTIC STUDIO’s sister, parent, subsidiary, or affiliated companies.

By accessing the Services, you affirm that you have read, comprehended, and agreed to be bound by all these Terms.

IF YOU DISAGREE WITH THESE TERMS OF SERVICE, PLEASE AVOID INSTALLING, USING, OR OTHERWISE ACCESSING OUR SERVICES. YOU ARE REQUIRED TO CEASE USAGE IMMEDIATELY.

Additional terms and conditions or documents that may be published on the Website periodically are incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms periodically. Notification of any changes will be provided by updating the “last updated” date of these Terms on this page, along with the date of the most recent change. It is your responsibility to regularly review the applicable Terms each time you use our Services to ensure your understanding of which Terms apply to you. Your continued use of the Services after the posting of revised Terms signifies your acceptance of and awareness of the changes.

There may be information on the Website or in the Games that contains typographical errors, inaccuracies, or omissions. We reserve the right to rectify any errors, inaccuracies, or omissions and to modify or update the information on the Website or in the Games at any time, without prior notice.

Our Games may be distributed on various platforms and online stores, including the Apple App Store, Google Play Store, Windows Phone Store, Amazon Appstore for Android, and any other platform where our Games can be played, such as Facebook or Poki platforms (the “Platforms“). If you download the Games through these Platforms, kindly review their terms and conditions, as they may impose additional requirements for the download, installation, and use of the Games.

To use our Services, you affirm that you are at least 18 years old. If you are under 18, your legal guardian must have reviewed and consented to these Terms. At any time, FANHAPTIC STUDIO may request sufficient proof of your identity and age, as well as consent from a parent or guardian.

You declare that you are accessing our Games as a private individual (consumer). The services provided by FANHAPTIC STUDIO are intended exclusively for entertainment purposes, and no commercial use of our Games is permitted.

2. User Representations

By utilizing the Services, you affirm and guarantee that: (1) you possess the legal capacity and agree to adhere to these Terms; (2) you are not a minor in your jurisdiction of residence; (3) you will refrain from accessing the Services through automated or non-human means, including bots, scripts, or any other method; (4) you will not employ the Services for any illegal or unauthorized purposes; and (5) your use of the Services will not breach any applicable law or regulation.

If you provide information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and reject any and all current or future use of the Services (or any portion thereof).

3. End-User License Agreement (EULA)

3.1. License

Subject to your eligibility to use the Services, you are granted a limited, non-exclusive, non-transferable, revocable, worldwide license to access and utilize the Services strictly for your personal, non-commercial use.

Violation of any of these Terms gives us the right to terminate your license without notice.

You are accountable for maintaining the confidentiality of your login information, and you are responsible for all uses of this information, including purchases, whether or not authorized by you.

You are also responsible for any internet connection and/or mobile charges incurred for accessing and/or using our Services. If unsure about these charges, please consult your mobile operator or internet service provider before accessing and/or using our Services.

By purchasing Virtual Goods, Virtual Money, and/or Subscriptions (refer to Section 3.2 below), FANHAPTIC STUDIO grants you a limited, personal, revocable license to use them. It’s important to note that you do not own Virtual Goods and/or Virtual Money.

3.2. In-Game Currencies and Goods

3.2.1. General Rules

The Games may feature virtual, in-game currency such as coins or gems (“Virtual Currency”), items designed for use within our Games (“Virtual Goods”), or paid subscriptions for Virtual Money and/or Virtual Goods (“Subscriptions”), which may be acquired through real-money transactions with a third-party service provider (such as Apple AppStore or Google PlayStore).

Virtual Currency can be utilized to acquire Virtual Goods.

Upon purchase, you acknowledge that Virtual Money, Virtual Goods, and/or Subscriptions hold no monetary value and cannot be exchanged for real money, tangible goods, or actual services from us or any other entity.

The transfer of Virtual Currency or Virtual Goods outside of the Games is strictly prohibited. You agree that Virtual Money, Virtual Goods, and/or Subscriptions are non-transferable, and you will not attempt to transfer any of these to another individual.

You further acknowledge and agree that the costs and fees associated with Virtual Currency, Virtual Goods, and Subscriptions are definitive and non-refundable, except as mandated by law.

FANHAPTIC STUDIO retains the right to manage, regulate, control, modify, and/or eliminate any Virtual Currency, Virtual Goods, and/or Subscriptions at its discretion, and FANHAPTIC STUDIO assumes no liability to you or any party for the exercise of such rights. Nevertheless, in the case of an active Subscription, any alterations will become effective only upon the conclusion of the ongoing Subscription period, resulting in the automatic termination of your Subscription.

FANHAPTIC STUDIO reserves the right to adjust the pricing for Virtual Goods, Virtual Money, and/or Subscriptions offered through the Services at any time. In the event of an active Subscription, such adjustments will only become effective after the conclusion of the then-current Subscription period, leading to the automatic termination of your Subscription.

Prices for all Virtual Money, Virtual Goods, and Subscriptions do not include applicable taxes and telecommunication charges, unless otherwise specified. To the extent required by law, you agree to pay any such applicable taxes and telecommunication charges in accordance with the relevant laws.

When you acquire Virtual Money, Virtual Goods, and Subscriptions through an online store, you recognize and accept that all billing and transaction processes are managed by these online stores, the platforms from which you downloaded the Games, and are subject to their terms and conditions. For any payment-related issues, please contact the respective online store’s customer support directly (Apple AppStore or Google PlayStore).

If you reside in the European Union (EU) or the European Economic Area (EEA), you possess certain rights to withdraw from distance purchases. However, upon purchasing a license to use Virtual Goods, Virtual Money, and/or Subscriptions from us, you acknowledge and agree that we will promptly provide these items to you after your purchase. Consequently, you acknowledge that you may forfeit your rights to the 14-day cancellation period and refunds available to EU and EEA residents.

For the purposes outlined in paragraph 3.2, a “purchase” is deemed complete at the moment our servers validate your transaction, and the relevant Virtual Goods, Virtual Money, and/or Subscription are successfully credited to your account on our servers.

In the event that FANHAPTIC STUDIO suspends or terminates your account in accordance with these terms, you acknowledge that any Virtual Money, Virtual Goods, and/or active Subscriptions you possess may be forfeited, and you agree that we are not obligated to compensate you for this loss or provide any refund. In the case of an active Subscription at the termination date, it will not automatically renew upon the conclusion of the ongoing Subscription period.

3.2.2. Specifics of Subscriptions

Subscriptions are automatically renewable at the same price and duration as the original subscription package you selected, unless canceled. For the Apple AppStore, you must cancel at least 24 hours before the current subscription period ends, and for the Google PlayStore, you can cancel at any time before the subscription period concludes.

The Subscription Fee for renewal will be deducted from your account within 24 hours before the end of the current subscription period (for Apple AppStore) or at the end of the subscription period (for Google PlayStore) at the cost of the chosen package. If the Subscription fee cannot be deducted for any reason, your Subscription will be automatically canceled.

Once you have purchased a Subscription, you can manage it and disable automatic renewal at any time through your account settings.

FANHAPTIC STUDIO, at its sole discretion and at any time, may modify the Subscription fee. Any changes in the Subscription fee will take effect at the end of the current Subscription period. You will receive reasonable prior notice of any changes in the Subscription fee. If you do not take action to accept the increased Subscription Fee, your Subscription will automatically expire at the end of the ongoing Subscription period.

4. Ownership; Intellectual Property Rights

4.1. General Rules

Unless explicitly stated otherwise, the Services, the Games, and the Website are the proprietary property of FANHAPTIC STUDIO. All source code, databases, functionalities, designs, audio, videos, texts, photographs, graphics, characters, character names, stories, dialogue, artwork, animations, musical compositions, audio-visual effects, methods of operation, documentation (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are either owned or controlled by us or licensed to us. They are safeguarded by copyright and trademark laws, various other intellectual property rights, and unfair competition laws of France, the European Union (“EU”), international copyright laws, and international conventions.

The FANHAPTIC STUDIO name, theFANHAPTIC STUDIO logo, and other trademarks, graphics, and logos associated with FANHAPTIC STUDIO in connection with the Services are trademarks or registered EU designs of FANHAPTIC STUDIO in the EU and various countries worldwide. No rights or licenses are granted to you concerning any of the aforementioned trademarks.

The Content and the Marks are provided on the Services “AS IS” for your personal use only.

Except as expressly provided in these Terms, no part of the Services, and no Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

If you are eligible to use the Services, you are granted a limited license to access and use the Service solely for your personal, non-commercial use. FANHAPTIC STUDIO reserves all rights not expressly granted to you in relation to the Services, the Content, and the Marks.

YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN THE LICENSE GRANTED TO YOU UNDER THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY, OR VIRTUAL GOODS.

All copyright and other proprietary notices shall be retained on all reproductions.

4.2. User-Generated Contributions

Our Services do not currently support user submissions or content posting.

However, we may offer you the opportunity to generate, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or within the Services. This may include, but is not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions“). Contributions may be visible to other users of the Services and on third-party websites. Consequently, any Contributions you transmit may be treated in accordance with our Privacy Policy. By creating or making available any Contributions, you hereby represent and warrant that:

  • Your Contributions will not violate the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party, and the actions related to your Contributions, such as creation, distribution, transmission, public display, accessing, downloading, or copying, will not infringe on such rights.

  • You are the rightful creator and owner of your Contributions, possessing the necessary rights, licenses, consents, releases, and permissions. You have the authority to use and authorize us, the Services, and other uses of the Services to utilize your Contributions in any manner as envisioned by the Services and these Terms.

  • Each identifiable individual person in your Contributions has provided written consent, release, and/or permission, allowing the use of their name or likeness for the inclusion and utilization of your Contributions, aligning with the Services and these Terms of Use.

  • Your Contributions are truthful, accurate, and devoid of misleading information.

  • Your Contributions do not contain obscenity, violence, harassment, libel, slander, or any other objectionable content, as determined by us.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.

  • Your Contributions are not intended to harass, threaten, or promote violence against any person or class of people.

  • Your Contributions do not infringe upon the privacy or publicity rights of any third party.

  • Your Contributions do not include offensive comments pertaining to race, national origin, gender, sexual preference, or handicap.

  • Your Contributions do not violate any provision of these Terms or any applicable law, regulation, or rule.

Any use of the Service that contravenes the aforementioned conditions constitutes a violation of these Terms and may lead to, among other consequences, the termination or suspension of your rights to use the Services.

4.3. Contribution License

You acknowledge and agree that we have the right to access, store, process, and utilize any information and personal data you provide in accordance with the terms outlined in the Privacy Policy and your specified choices.

When you submit suggestions or other feedback regarding the Services, you consent to our use and sharing of such feedback for any purpose, without providing compensation to you.

4.4. Submissions

You recognize and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and shall become our sole and exclusive property. We shall possess exclusive rights, including all intellectual property rights, and have the right to use and disseminate these Submissions without restrictions for any lawful purpose, whether commercial or otherwise, without providing acknowledgment or compensation to you. By making Submissions, you affirm that they are either original or that you have the right to submit them. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

5. Prohibited Activities

You are prohibited from accessing or using the Services for any purpose other than the intended purpose for which we have made the Services available. The Services should not be utilized for any commercial endeavors unless expressly endorsed or approved by us.

If, at our sole and exclusive discretion, we determine that you have breached these Terms, we reserve the right to take any actions deemed necessary, including the suspension or termination of your access to and use of the Games.

You affirm that your use of and conduct in the Games will be in accordance with the law, and you commit not to:

  • Transmit or post any content or language deemed offensive by FANHAPTIC STUDIO, including but not limited to content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically, or otherwise objectionable. Additionally, using misspellings or alternative spellings to bypass content and language restrictions is prohibited.

  • Systematically retrieve data or information from the Services to create a collection, compilation, database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in attempts to obtain sensitive account information such as user passwords.

  • Circumvent, disable, or interfere with security-related features of the Services, including those preventing or restricting the use or copying of any Content, or enforcing limitations on the use of the Services and/or the Content.

  • Disparage, tarnish, or harm, in our opinion, us and/or the Services.

  • Use information obtained from the Services to harass, abuse, or harm another person.

  • Improperly use our support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Services.

  • Upload or transmit viruses, Trojan horses, or other disruptive material that interferes with others’ use and enjoyment of the Services.

  • Engage in automated use of the system, such as using scripts to send comments or messages, or utilizing data mining, robots, or similar tools.

  • Delete copyright or other proprietary rights notices from any Content.

  • Attempt to impersonate another user or person or use another user’s username.

  • Upload or transmit material acting as a passive or active information collection or transmission mechanism, including, but not limited to, gifs, pixels, web bugs, cookies, or similar devices (referred to as “spyware” or “passive collection mechanisms”).

  • Interfere with, disrupt, or create an undue burden on the Services or connected networks or services.

  • Harass, annoy, intimidate, or threaten any employees or agents providing Services to you.

  • Attempt to bypass measures designed to prevent or restrict access to the Services.

  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, Python, C#, or any other code.

  • Make unauthorized use of the Services, including collecting usernames and/or email addresses for unsolicited emails or creating user accounts through automated means or false pretenses.

  • Communicate or post any user’s personal information, including addresses, phone numbers, email addresses, or credit card numbers.

  • Decipher, reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) comprising the Services.

  • Disrupt the normal flow of a Game or act in a manner likely to negatively affect other players’ ability to compete fairly.

  • Sell the Games or any part thereof, including Virtual Goods or Virtual Currency, user accounts, and access to them for real money or items of monetary value.

  • Use the Services to compete with us or for any revenue-generating or commercial enterprise.

  • Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services or the Games’ experience.

  • Violate requirements or regulations of any network or Platform connected to our Services.

You bear sole responsibility for your interactions with other users of our Services.

6. Services Management

In addition to other provisions outlined in these Terms, we retain the right to: (1) monitor the Services for violations of these Terms; (2) take appropriate action against anyone who, at our sole discretion, violates the law or these Terms, including, but not limited to, reporting such users to law enforcement authorities, suspending access to our Services, or resetting any Game progression or benefits linked to your account; (3) exercise our sole discretion to refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; and (4) manage the Services in a manner aimed at safeguarding our rights and property and ensuring the proper functioning of the Services.

7. Availability of the Services

We retain the right to modify, update, or remove our Services in whole or in part without prior notice to you, provided that such changes do not significantly degrade the functionalities (in whole or in part) of the Services that have been paid for with real money.

We provide no warranty or representation concerning the availability of the Services provided free of charge (i.e., not paid for with real money). We may encounter hardware, software, or other issues or need to conduct maintenance related to the Services, leading to interruptions, delays, or errors. These Terms do not obligate us to maintain and support the Services or provide any corrections, updates, or releases in connection with them.

We reserve the right to modify or discontinue, at our sole discretion and with reasonable notice to you, the Services or any part of them that are paid for with real money.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

WITHOUT LIMITING OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT OR ACCESS TO OUR SERVICES IF YOU, IN OUR SOLE DISCRETION, VIOLATE ANY OF THESE TERMS OR ENGAGE IN ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. ACCOUNT TERMINATION OR LIMITATION CAN RESULT IN THE LOSS OF YOUR USER NAME, PERSONA, BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE. FANHAPTIC STUDIO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WE MAY LIMIT, SUSPEND, OR TERMINATE THE SERVICE AND USER ACCOUNTS, OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES, SITES, CONTENT, SERVICES, AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THEY CREATE RISKS OR POSSIBLE LEGAL LIABILITIES, INFRINGE ON THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACT INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. WE MAY ALSO, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEATED INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

8. Term and Termination

These Terms will remain in full force and effect as long as you use our Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY THE USE OF OUR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON, FOR ANY REASON OR NO REASON. THIS INCLUDES, WITHOUT LIMITATION, BREACH OF THESE TERMS, VIOLATION OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE TERMS, OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES, OR DELETE ANY CONTENT OR INFORMATION YOU POSTED, AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account or access for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.

Upon termination of this Agreement, your right to use and access the Games will terminate automatically and immediately. You will not be entitled to any refund regarding any Virtual Currency or Virtual Items purchased in the Games.

You may also terminate this Agreement with immediate effect by deleting the Games from your device or removing the Games from your Facebook apps.

9. Disclaimer

YOUR USE OF THE SERVICES, OR ACTIVITY IN CONNECTION WITH THEM, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND, BY USING THE SERVICES, YOU RELEASE US FROM ANY LIABILITY RELATING TO SUCH MATTERS. IT IS YOUR RESPONSIBILITY TO BACK UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.

FANHAPTIC STUDIO IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THIS INCLUDES, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

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

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

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

(4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;

(5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR

(6) 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 SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

10. Limitations of Liability

UNDER NO CIRCUMSTANCES WILL FANHAPTIC STUDIO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES LOST PROFIT, REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT. THIS ALSO COVERS ANY ERRORS OR OMISSIONS IN ANY CONTENT AND ANY INJURY, LOSS, OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THIS APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH AREAS, FANHAPTIC STUDIO’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

11. Indemnification

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD FANHAPTIC STUDIO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SERVICES, YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, OR ANY ACTION TAKEN BY FANHAPTIC STUDIO AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS.

At our request and expense, you agree to assist in the defense of such claims. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

12. Privacy

The entity responsible for overseeing all personally identifiable information or personal data collected about you in connection with our Games or other Services is FANHAPTIC STUDIO SAS.

FANHAPTIC STUDIO manages, processes, utilizes, and shares your personal information following the guidelines outlined in FANHAPTIC STUDIO’s Privacy Policy, which is incorporated into these terms. If you do not agree with our Privacy Policy, it is advisable not to download or access our Games or engage in any way with our Services.

For detailed information, please review FANHAPTIC STUDIO’s Privacy Policy at fanhapticstudio.com/privacy-policy.

13. Severability

In the event that any provision of these terms is deemed invalid or unenforceable under applicable local laws or by a relevant court, such provision shall be construed in a manner consistent with applicable law to reflect, as closely as possible, our original intentions. The rest of these terms will continue to be valid and enforceable. If it proves impossible to interpret an invalid or unenforceable provision in a manner consistent with applicable law, that provision will be considered deleted from these terms without affecting the remaining provisions.

14. Waivers of our rights

Our decision not to enforce or exercise any of our rights under these terms does not constitute a waiver of our right to enforce those rights in the future. Any waiver of such rights will only be valid if it is in writing and signed by us.

15. Complaints and dispute resolution

If you encounter any issues, reaching out to us at contact@fanhapticstudio.com is usually the fastest way to find a resolution.

In the rare instance where we cannot address your concern and you decide to take legal action against us, these terms will be governed by and interpreted in accordance with the laws of France.

Nevertheless, if you qualify as a European Consumer and reside in a country where the law offers a higher standard of consumer protection, those superior standards will take precedence.

16. Online dispute resolution for consumers

The European Commission has introduced an online platform for alternative dispute resolution, providing an out-of-court method to resolve disputes related to online sale and service contracts.

European Consumers can utilize this platform to address any disputes arising from contracts entered into online. You can access the platform through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

17. Notice

For any notices regarding these Terms, please direct them to contact@fanhapticstudio.com.

It’s worth mentioning that these Terms have been created, in part, using a Terms and Conditions Generator & other resources from other TOS on the internet.

APPLE’s Specific Terms of End-User License Agreement

1. License Scope: The End-User is granted a non-transferable license for the Licensed Application (the Games), limited to use on Apple-branded Products owned or controlled by the End-User. This usage is subject to the terms outlined in the Apple Media Services Terms and Conditions. However, the Licensed Application can be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing.

2. Maintenance and Support: FANHAPTIC STUDIO is responsible for providing maintenance and support services for the Licensed Application as specified in the EULA or as required by applicable law. It’s acknowledged that Apple has no obligation to provide maintenance and support services for the Licensed Application.

3. Warranty: FANHAPTIC STUDIO is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In case of a failure to conform to any applicable warranty, the End-User may notify Apple, which may result in Apple refunding the purchase price. Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses are the sole responsibility of the End-User.

4. Product Claims:FANHAPTIC STUDIO is responsible for addressing claims related to the Licensed Application, including product liability claims, failure to conform to legal or regulatory requirements, and claims under consumer protection, privacy, or similar legislation.

5. Intellectual Property Rights: In the event of a third-party claim of intellectual property infringement related to the Licensed Application or the End-User’s possession and use, FANHAPTIC STUDIO is responsible for the investigation, defense, settlement, and discharge of such claims.

6. Legal Compliance: The End-User represents and warrants that they are not located in a U.S. Government embargoed country or designated as a “terrorist supporting” country. Furthermore, the End-User is not listed on any U.S. Government list of prohibited or restricted parties.

7. Third-Party Beneficiary: Apple and its subsidiaries are acknowledged as third-party beneficiaries of these Terms. Upon the End-User’s acceptance of these Terms, Apple has the right to enforce these Terms against the End-User as a third-party beneficiary.

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