FEROZ GAMES SUBSCRIBER AGREEMENT

 

Table of contents: 

  1. Registration as a subscriber; application of terms to you; your account
  2. Licenses
  3. Billing, payment and other subscriptions
  4. Online conduct, cheating and illegal behavior
  5. Third-party content
  6. User generated content
  7. Disclaimers; limitation of liability; no guarantees; limited warranty & agreement
  8. Amendments to this agreement
  9. Term and termination
  10. Applicable law/mediation/jurisdiction/attorney’s fees
  11. Dispute resolution/binding arbitration/class action waiver
  12. Miscellaneous

This Feroz Launcher Subscriber Agreement (“Agreement”) is a legal document that explains your rights and obligations as a subscriber of Feroz Launcher from Feroz Games, a corporation under the laws of Spain, with its registered office at Antonio Baeza 22, 1, PC 46389, Turis, Valencia, Spain (“FG”). Please read it carefully.

 

1. REGISTRATION AS A SUBSCRIBER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT ⏶

Feroz Launcher is an online service offered by FG.

You become a subscriber of Feroz Launcher (“Subscriber”) by completing the registration of a Feroz Launcher user account. This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a subscriber if you are under the age of 13. Feroz Launcher is not intended for children under 13 and FG will not knowingly collect personal information from children under the age of 13.

A. Contracting Party

For any interaction with Feroz Launcher your contractual relationship is with FG. Except as otherwise indicated at the time of the transaction (such as in the case of purchases from another Subscriber in a Subscription Marketplace), any transactions for Subscriptions (as defined below) you make on Feroz Launcher are being made from FG.

B. Subscriptions; Content and Services

As a Subscriber you may obtain access to certain services, software and content available to Subscribers. The Feroz Launcher client software and any other software, content, and updates you download or access via Feroz Launcher, including but not limited to FG or third-party video games and in-game content, software associated with Hardware and any virtual items you trade, sell or purchase in a Feroz Launcher Subscription Marketplace are referred to in this Agreement as “Content and Services;” the rights to access and/or use any Content and Services accessible through Feroz Launcher are referred to in this Agreement as “Subscriptions.”

Each Subscription allows you to access particular Content and Services. Some Subscriptions may impose additional terms specific to that Subscription (“Subscription Terms”) (for example, an end user license agreement specific to a particular game, or terms of use specific to a particular product or feature of Feroz Launcher). Also, additional terms (for example, payment and billing procedures) may be posted within the Feroz Launcher service (“Rules of Use”). Rules of Use include the Feroz Launcher Online Conduct Rules and the Feroz Launcher Refund Policy. The Subscription Terms, the Rules of Use, and the FG Privacy Policy are binding on you once you indicate your acceptance of them or of this Agreement, or otherwise become bound by them as described in Section 8 (Amendments to this Agreement).

C. Your Account

When you complete Feroz Launcher’s registration process, you create a Feroz Launcher account (“Account”). Your Account may also include billing information you provide to FG for the purchase of Subscriptions, Content and Services and any physical goods offered for purchase through Feroz Launcher (“Hardware”). You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by FG. You are responsible for the confidentiality of your login and password and for the security of your computer system. FG is not responsible for the use of your password and Account or for all of the communication and activity on Feroz Launcher that results from use of your login name and password by you, or by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision. Unless it results from FG’s negligence or fault, FG is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify FG via the support form without any delay.

Your Account, including any information pertaining to it (e.g.: contact information, billing information, Account history and Subscriptions, etc.), is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms or Rules of Use) or as otherwise specifically permitted by FG.

D. Payment Processing

Payment processing related to Content and Services and/or Hardware purchased on Feroz Launcher is performed by either FG Corporation directly or by FG’s fully owned subsidiary FG GmbH on behalf of FG Corporation depending on the type of payment method used. If your card was issued outside the United States, your payment may be processed via a European acquirer by FG GmbH on behalf of FG Corporation. For any other type of purchases, payment will be collected by FG Corporation directly. In any case, delivery of Content and Services as well as Hardware is performed by FG Corporation.

2. LICENSES ⏶

A. General Content and Services License

Feroz Launcher and your Subscription(s) require the download and installation of Content and Services onto your computer. FG hereby grants, and you accept, a non-exclusive license and right, to use the Content and Services for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Subscription Terms). This license ends upon termination of (a) this Agreement or (b) a Subscription that includes the license. The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services. To make use of the Content and Services, you must have a Feroz Launcher Account and you may be required to be running the Feroz Launcher client and maintaining a connection to the Internet. 

For reasons that include, without limitation, system security, stability, and multiplayer interoperability, Feroz Launcher may need to automatically update, pre-load, create new versions of or otherwise enhance the Content and Services and accordingly, the system requirements to use the Content and Services may change over time. You consent to such automatic updating. You understand that this Agreement (including applicable Subscription Terms) does not entitle you to future updates, new versions or other enhancements of the Content and Services associated with a particular Subscription, although FG may choose to provide such updates, etc. in its sole discretion.

B. Beta Software License

FG may from time to time make software accessible to you via Feroz Launcher prior to the general commercial release of such software (“Beta Software”). You are not required to use Beta Software, but if FG offers it, you may elect to use it under the following terms. Beta Software will be deemed to consist of Content and Services, and each item of Beta Software provided will be deemed a Subscription for such Beta Software, with the following provisions specific to Beta Software:

 

Your right to use the Beta Software may be limited in time, and may be subject to additional Subscription Terms;

FG or any FG affiliate may request or require that you provide suggestions, feedback, or data regarding your use of the Beta Software, which will be deemed User Generated Content under Section 6 (User Generated Content) below; and

In addition to the waivers and limitations of liability for all Software under Section 7 (Disclaimers; Limitations on Liability; No Guarantees; Limited Warranty & Agreement) below as applicable, you specifically acknowledge that Beta Software is only released for testing and improvement purposes, in particular to provide FG with feedback on the quality and usability of the Beta Software, and therefore contains errors, is not final and may create incompatibilities or damage to your computer, data, and/or software. If you decide to install and/or use Beta Software, you shall only use it in compliance with its purposes, i.e. for testing and improvement purposes and in any case not on a system or for purposes where the malfunction of the Beta Software can cause any kind of damage. In particular, maintain full backups of any system that you choose to install Beta Software on. 

 

C. License to Use FG Developer Tools

Your Subscription(s) may include access to various FG tools that can be used to create content (“Developer Tools”). Except as set forth in any separate Subscription Terms applicable to the use of a particular Developer Tool, you may use the Developer Tools, and you may use, reproduce, publish, perform, display and distribute any content you create using the Developer Tools, however you wish, but solely on a non-commercial basis.

If you would like to use the Source Engine SDK or other FG Developer Tools for commercial use, please contact FG at [email protected]

D. License to Use FG Game Content in Fan Art.

FG appreciates the community of Subscribers that creates fan art, fan fiction, and audio-visual works that reference FG games (“Fan Art”). You may incorporate content from FG games into your Fan Art. Except as otherwise set forth in this Section or in any Subscription Terms, you may use, reproduce, publish, perform, display and distribute Fan Art that incorporates content from FG games however you wish, but solely on a non-commercial basis.

If you incorporate any third-party content in any Fan Art, you must be sure to obtain all necessary rights from the owner of that content.

Commercial use of some FG game content is permitted via features such as Feroz Launcher Workshop or a Feroz Launcher Subscription Marketplace. Terms applicable to that use are set forth in Sections 3.D. and 6.B. below and in any Subscription Terms provided for those features.

E. License to Use FG Dedicated Server Software 

Your Subscription(s) may contain access to the FG Dedicated Server Software. If so, you may use the FG Dedicated Server Software on an unlimited number of computers for the purpose of hosting online multiplayer games of FG products. If you wish to operate the FG Dedicated Server Software, you will be solely responsible for procuring any Internet access, bandwidth, or hardware for such activities and will bear all costs associated with your use.

F. Ownership of Content and Services

All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by FG and/or its or its affiliates’ licensors. All rights are reserved, except as expressly stated herein. The Content and Services are protected by copyright laws, international copyright treaties and conventions and other laws. The Content and Services contain certain licensed materials and FG’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.

G. Restrictions on Use of Content and Services

You may not use the Content and Services for any purpose other than the permitted access to Feroz Launcher and your Subscriptions, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services or any software accessed via Feroz Launcher without the prior consent, in writing, of FG.

You are entitled to use the Content and Services for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or license the Content and Services to others without the prior written consent of FG, except to the extent expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use); (ii) host or provide matchmaking services for the Content and Services or emulate or redirect the communication protocols used by FG in any network feature of the Content and Services, through protocol emulation, tunneling, modifying or adding components to the Content and Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services, without the prior written consent of FG; or (iii) exploit the Content and Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use). 

3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS ⏶

All charges incurred on Feroz Launcher, and all purchases made with the Feroz Launcher Wallet, are payable in advance and final, except as described in Sections 3.I and 7 below.

A. Payment Authorization

When you provide payment information to FG or to one of its payment processors, you represent to FG that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize FG to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, Feroz Launcher Wallet funds, Hardware or other fees incurred by you. FG may require you to provide your address or other information in order to meet its obligations under applicable tax law. 

For Subscriptions purchased based on an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription you agree and reaffirm that FG is authorized to charge your credit card (or your Feroz Launcher Wallet, if funded), or to process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify FG promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify FG promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.

If your use of Feroz Launcher is subject to any type of use or sales tax, then FG may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use. The European Union VAT (“VAT”) tax amounts collected by FG reflect VAT due on the value of any Content and Services, Hardware or Subscription.

You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on game content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, FG may terminate your access to your Account.

B. Responsibility for Charges Associated With Your Account

As the Account holder, 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 or friends. If you cancel your Account, FG reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before FG will allow you to register again.

C. Feroz Launcher Wallet

Feroz Launcher may make available an account balance associated with your Account (the “Feroz Launcher Wallet”). The Feroz Launcher Wallet is neither a bank account nor any kind of payment instrument. It functions as a prepaid balance to purchase Content and Services. You may place funds in your Feroz Launcher Wallet up to a maximum amount determined by FG, by credit card, prepaid card, promotional code, or any other payment method accepted by Feroz Launcher. Within any twenty-four (24) hour period, the total amount stored in your Feroz Launcher Wallet plus the total amount spent out of your Feroz Launcher Wallet, in the aggregate, may not exceed US$2,000 or its equivalent in your applicable local currency — attempted deposits into your Feroz Launcher Wallet that exceed this threshold may not be credited to your Feroz Launcher Wallet until your activity falls below this threshold. FG may change or impose different Feroz Launcher Wallet balance and usage limits from time to time.

You will be notified by e-mail of any change to the Feroz Launcher Wallet balance and usage limits within sixty (60) days before the entry into force of the change. Your continued use of your Feroz Launcher Account more than thirty (30) days after the entry into force of the changes will constitute your acceptance of the changes. If you don’t agree to the changes, your only remedy is to terminate your Feroz Launcher Account or to cease use of your Feroz Launcher Wallet. FG shall not have any obligation to refund any credits remaining on your Feroz Launcher Wallet in this case.

You may use Feroz Launcher Wallet funds to purchase Subscriptions, including by making in-game purchases where Feroz Launcher Wallet transactions are enabled, and Hardware. Subject to Section 3.I, funds added to the Feroz Launcher Wallet are non-refundable and non-transferable. Feroz Launcher Wallet funds do not constitute a personal property right, have no value outside Feroz Launcher and can only be used to purchase Subscriptions and related content via Feroz Launcher (including but not limited to games and other applications offered through the Feroz Launcher Store, or in a Feroz Launcher Subscription Marketplace) and Hardware. Feroz Launcher Wallet funds have no cash value and are not exchangeable for cash. Feroz Launcher Wallet funds that are deemed unclaimed property may be turned over to the applicable authority.

D. Trading and Sales of Subscriptions Between Subscribers

Feroz Launcher may include one or more features or sites that allow Subscribers to trade, sell or purchase certain types of Subscriptions (for example, license rights to virtual items) with, to or from other Subscribers (“Subscription Marketplaces”). An example of a Subscription Marketplace is the Feroz Launcher Community Market. By using or participating in Subscription Marketplaces, you authorize FG, on its own behalf or as an agent or licensee of any third-party creator or publisher of the applicable Subscriptions in your Account, to transfer those Subscriptions from your Account in order to give effect to any trade or sale you make.

FG may charge a fee for trades or sales in a Subscription Marketplace. Any fees will be disclosed to you prior to the completion of the trade or sale.

If you complete a trade, sale or purchase in a Subscription Marketplace, you acknowledge and agree that you are responsible for taxes, if any, which may be due with respect to your transactions, including sales or use taxes, and for compliance with applicable tax laws. Proceeds from sales you make in a Subscription Marketplace may be considered income to you for income tax purposes. You should consult with a tax specialist to determine your tax liability in connection with your activities in any Subscription Marketplace.

You understand and acknowledge that FG may decide to cease operation of any Subscription Marketplace, change the fees that it charges or change the terms or features of the Feroz Launcher Subscription Marketplace. FG shall have no liability to you because of any inability to trade Subscriptions in the Feroz Launcher Trading Marketplace, including because of discontinuation or changes in the terms, features or eligibility requirements of any Subscription Marketplace.

You also understand and acknowledge that Subscriptions traded, sold or purchased in any Subscription Marketplace are license rights, that you have no ownership interest in such Subscriptions, and that FG does not recognize any transfers of Subscriptions (including transfers by operation of law) that are made outside of Feroz Launcher.

E. Retail Purchase

FG may offer or require a Subscription for purchasers of retail packaged product versions or OEM versions of FG products. The “CD-Key” or “Product Key” accompanying such versions is used to activate your Subscription.

F. Feroz Launcher Authorized Resellers

You may purchase a Subscription through an authorized reseller of FG. The “Product Key” accompanying such purchase will be used to activate your Subscription. If you purchase a Subscription from an authorized reseller of FG, you agree to direct all questions regarding the Product Key to that reseller.

G. Free Subscriptions

In some cases, FG may offer a free Subscription to certain services, software and content. As with all Subscriptions, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using Feroz Launcher, even when FG offers a free Subscription.

H. Third-Party Sites

Feroz Launcher may provide links to other third-party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to FG. Feroz Launcher may also provide access to third-party vendors, who provide content, goods and/or services on Feroz Launcher or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. FG makes no representations or warranties, either express or implied, regarding any third party site. In particular, FG makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.

I. Refunds and Right of Withdrawal

Without prejudice to any statutory rights you may have, you can request a refund for your purchases on Feroz Launcher in accordance with the terms of FG’s Refund Policy.

For European Union consumers:

EU law provides a statutory right to withdraw from certain contracts for physical merchandise and for the purchase of digital content. You can find more information about the extent of your statutory right to withdraw and the ways you can exercise it on [email protected]

4. ONLINE CONDUCT, CHEATING AND ILLEGAL BEHAVIOR ⏶

Your online conduct and interaction with other Subscribers should be guided by common sense and basic etiquette. They must notably comply with the Feroz Launcher Online Conduct Rules. Depending on terms of use imposed by third parties who host particular games or other services, additional requirements may also be provided in the Subscription Terms applicable to a particular Subscription.

Feroz Launcher and the Content and Services may include functionality designed to identify software or hardware processes or functionality that may give a player an unfair competitive advantage when playing multiplayer versions of any Content and Services or modifications of Content and Services (“Cheats”). You agree that you will not create Cheats or assist third parties in any way to create or use Cheats. You agree that you will not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to prevent or report the use of Cheats. You acknowledge and agree that either FG or any online multiplayer host may refuse to allow you to participate in certain online multiplayer games if you use Cheats in connection with Feroz Launcher or the Content and Services. Further, you acknowledge and agree that an online multiplayer host may report your use of Cheats to FG, and FG may communicate your history of use of Cheats to other online multiplayer hosts. FG may terminate your Account or a particular Subscription for any conduct or activity that is illegal, constitutes a Cheat, or otherwise negatively affects the enjoyment of Feroz Launcher by other Subscribers. You acknowledge that FG is not required to provide you notice before terminating your Subscription(s) and/or Account.

You may not use Cheats, automation software (bots), mods, hacks, or any other unauthorized third-party software, to modify or automate any Subscription Marketplace process.

5. THIRD-PARTY CONTENT ⏶

In regard to all Subscriptions, Content and Services that are not authored by FG, FG does not screen such third-party content available on Feroz Launcher or through other sources. FG assumes no responsibility or liability for such third party content. Some third-party application software is capable of being used by businesses for business purposes – however, you may only acquire such software via Feroz Launcher for private personal use.

6. USER GENERATED CONTENT ⏶

A. General Provisions 

Feroz Launcher provides interfaces and tools for you to be able to generate content and make it available to other users and/or to FG at your sole discretion. “User Generated Content” means any content you make available to other users through your use of multi-user features of Feroz Launcher, or to FG or its affiliates through your use of the Content and Services or otherwise.

When you upload your content to Feroz Launcher to make it available to other users and/or to FG, you grant FG and its affiliates the worldwide, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, transmit, transcode, translate, broadcast, and otherwise communicate, and publicly display and publicly perform, your User Generated Content, and derivative works of your User Generated Content, for the purpose of the operation, distribution, incorporation as part of and promotion of the Feroz Launcher service, Feroz Launcher games or other Feroz Launcher offerings, including Subscriptions. This license is granted to FG as the content is uploaded on Feroz Launcher for the entire duration of the intellectual property rights. It may be terminated if FG is in breach of the license and has not cured such breach within fourteen (14) days from receiving notice from you sent to the attention of the FG Legal Department at the applicable FG address noted on this Privacy Policy page. The termination of said license does not affect the rights of any sub-licensees pursuant to any sub-license granted by FG prior to termination of the license. FG is the sole owner of the derivative works created by FG from your User Generated Content, and is therefore entitled to grant licenses on these derivative works. If you use FG cloud storage, you grant us a license to store your information as part of that service. FG may place limits on the amount of storage you may use.

If you provide FG with any feedback or suggestions about Feroz Launcher, the Content and Services, or any FG products, Hardware or services, FG is free to use the feedback or suggestions however it chooses, without any obligation to account to you.

B. Content Uploaded to the Feroz Launcher Workshop

Some games or applications available on Feroz Launcher (“Workshop-Enabled Apps”) allow you to create User Generated Content based on or using the Workshop-Enabled App, and to submit that User Generated Content (a “Workshop Contribution”) to one or more Feroz Launcher Workshop web pages. Workshop Contributions can be viewed by the Feroz Launcher community, and for some categories of Workshop Contributions users may be able to interact with, download or purchase the Workshop Contribution. In some cases, Workshop Contributions may be considered for incorporation by FG or a third-party developer into a game or into a Subscription Marketplace.

You understand and agree that FG is not obligated to use, distribute, or continue to distribute copies of any Workshop Contribution and reserves the right, but not the obligation, to restrict or remove Workshop Contributions for any reason.

Specific Workshop-Enabled Apps or Workshop web pages may contain special terms (“App-Specific Terms”) that supplement or change the terms set out in this Section. In particular, where Workshop Contributions are distributed for a fee, App-Specific Terms will address how revenue may be shared. Unless otherwise specified in App-Specific Terms (if any), the following general rules apply to Workshop Contributions.

 

Workshop Contributions are Subscriptions, and therefore you agree that any Subscriber receiving distribution of your Workshop Contribution will have the same rights to use your Workshop Contribution (and will be subject to the same restrictions) as are set out in this Agreement for any other Subscriptions.

Notwithstanding the license described in Section 6.A., FG will only have the right to modify or create derivative works from your Workshop Contribution in the following cases: (a) FG may make modifications necessary to make your Contribution compatible with Feroz Launcher and the Workshop functionality or user interface, and (b) FG or the applicable developer may make modifications to Workshop Contributions that are accepted for in-Application distribution as it deems necessary or desirable to enhance gameplay. 

You may, in your sole discretion, choose to remove a Workshop Contribution from the applicable Workshop pages. If you do so, FG will no longer have the right to use, distribute, transmit, communicate, publicly display or publicly perform the Workshop Contribution, except that (a) FG may continue to exercise these rights for any Workshop Contribution that is accepted for distribution in-game or distributed in a manner that allows it to be used in-game, and (b) your removal will not affect the rights of any Subscriber who has already obtained access to a copy of the Workshop Contribution. 

 

Except where otherwise provided in App-Specific Terms, you agree that FG’s consideration of your Workshop Contribution is your full compensation, and you are not entitled to any other rights or compensation in connection with the rights granted to FG and to other Subscribers.

C. Promotions and Endorsements

If you use Feroz Launcher services (e.g. the Feroz Launcher Curators’ Lists or the Feroz Launcher Broadcasting service) to promote or endorse a product, service or event in return for any kind of consideration from a third party (including non-monetary rewards such as free games), you must clearly indicate the source of such consideration to your audience.

D. Representations and Warranties

You represent and warrant to us that you have sufficient rights in all User Generated Content to grant FG and other affected parties the licenses described under A. and B. above or in any license terms specific to the applicable Workshop-Enabled App or Workshop page. This includes, without limitation, any kind of intellectual property rights or other proprietary or personal rights affected by or included in the User Generated Content. In particular, with respect to Workshop Contributions, you represent and warrant that the Workshop Contribution was originally created by you (or, with respect to a Workshop Contribution to which others contributed besides you, by you and the other contributors, and in such case that you have the right to submit such Workshop Contribution on behalf of those other contributors). 

You furthermore represent and warrant that the User Generated Content, your submission of that Content, and your granting of rights in that Content does not violate any applicable contract, law or regulation.

7. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES; LIMITED WARRANTY & AGREEMENT ⏶

THIS SECTION 7 DOES NOT APPLY TO EU SUBSCRIBERS.

 

FOR AUSTRALIAN SUBSCRIBERS, THIS SECTION 7 DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY GUARANTEE, RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED, INCLUDING THOSE CONFERRED BY THE AUSTRALIAN CONSUMER LAW (ACL). UNDER THE ACL, GOODS COME WITH GUARANTEES INCLUDING A GUARANTEE THAT GOODS ARE OF ACCEPTABLE QUALITY. IF THERE IS A FAILURE OF THIS GUARANTEE, YOU ARE ENTITLED TO A REMEDY (WHICH MAY INCLUDE HAVING THE GOODS REPAIRED OR REPLACED OR A REFUND). IF A REPAIR OR REPLACEMENT CANNOT BE PROVIDED OR THERE IS A MAJOR FAILURE, YOU ARE ENTITLED TO A REFUND.

FOR NEW ZEALAND SUBSCRIBERS, THIS SECTION 7 DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED OR MODIFIED INCLUDING THOSE CONFERRED BY THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993. UNDER THIS ACT ARE GUARANTEES WHICH INCLUDE THAT GOODS AND SERVICES ARE OF ACCEPTABLE QUALITY. IF THIS GUARANTEE IS NOT MET THERE ARE ENTITLEMENTS TO HAVE THE SOFTWARE REMEDIED (WHICH MAY INCLUDE REPAIR, REPLACEMENT OR REFUND). IF A REMEDY CANNOT BE PROVIDED OR THE FAILURE IS OF A SUBSTANTIAL CHARACTER, THE ACT PROVIDES FOR A REFUND.

 

Prior to acquiring a Subscription, you should consult the product information made available on Feroz Launcher, including Subscription description, minimum technical requirements, and user reviews.

A. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FG AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM (I) ANY WARRANTY FOR FEROZ LAUNCHER, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO FEROZ LAUNCHER, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. FEROZ LAUNCHER, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH Feroz Launcher, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, OR INFORMATION AVAILABLE IN CONNECTION THEREWITH.

ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312 OF THE UNITED STATES UNIFORM COMMERCIAL CODE IS EXPRESSLY DISCLAIMED.

B. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FG, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF FG’S SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE Feroz Launcher, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL FG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH Feroz Launcher, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF FG’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF FG’S WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE. 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF FG, ITS LICENSORS, AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

C. NO GUARANTEES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FG NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO FEROZ LAUNCHER, THE CONTENT AND SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTION(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.

D. LIMITED WARRANTY & AGREEMENT

CERTAIN HARDWARE PURCHASED FROM FG IS SUBJECT TO A LIMITED WARRANTY & AGREEMENT, [OR DEPENDING ON YOUR LOCATION, A STATUTORY WARRANTY] WHICH IS DESCRIBED IN DETAIL HERE.

8. AMENDMENTS TO THIS AGREEMENT ⏶

PLEASE NOTE: If you are a consumer with place of residence in Germany, a different version of Section 8 applies to you, which is available here.

A. Mutual Amendment

This Agreement may at any time be mutually amended by your explicit consent to changes proposed by FG.

B. Unilateral Amendment

Furthermore, FG may amend this Agreement (including any Subscription Terms or Rules of Use) unilaterally at any time in its sole discretion. In this case, you will be notified by e-mail of any amendment to this Agreement made by FG at least 30 (30) days before the effective date of the amendment. You can view the Agreement at any time at http://feroz.games. Your failure to cancel your Account prior to the effective date of the amendment will constitute your acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease use of the affected Subscription(s). FG shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall FG have any obligation to prorate any fees in such circumstances.

9. TERM AND TERMINATION ⏶

A. Term

The term of this Agreement (the “Term”) commences on the date you first indicate your acceptance of these terms, and will continue in effect until otherwise terminated in accordance with this Agreement.

B. Termination by You

You may cancel your Account at any time. You may cease use of a Subscription at any time or, if you choose, you may request that FG terminate your access to a Subscription. However, Subscriptions are not transferable, and even if your access to a Subscription for a particular game or application is terminated, the original activation key will not be able to be registered to any other account, even if the Subscription was obtained in a retail store. Access to Subscriptions purchased as a part of a pack or bundle cannot be terminated individually, termination of access to one game within the bundle will result in termination of access to all games purchased in the pack. Your cancellation of an Account, or your cessation of use of any Subscription or request that access to a Subscription be terminated, will not entitle you to any refund, including of any Subscription fees. FG reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or termination of your access to a particular Subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. 

C. Termination by FG

FG may cancel your Account or any particular Subscription(s) at any time in the event that (a) FG ceases providing such Subscriptions to similarly situated Subscribers generally, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use). In the event that your Account or a particular Subscription is terminated or cancelled by FG for a violation of this Agreement or improper or illegal activity, no refund, including of any Subscription fees or of any unused funds in your Feroz Launcher Wallet, will be granted.

D. Survival of Terms

Sections 2.C., 2.D., 2.F., 2.G., 3.A., 3.B., 3.D., 3.H., and 5 – 12 will survive any expiration or termination of this Agreement.

10. APPLICABLE LAW/MEDIATION/JURISDICTION/ATTORNEYS’ FEES ⏶

For All Customers Outside the European Union:

You and FG agree that this Agreement shall be deemed to have been made and executed in the State of Washington, U.S.A., and Washington law, excluding conflict of laws principles and the Convention on Contracts for the International Sale of Goods, governs all claims arising out of or relating to: (i) any aspect of the relationship between us; (ii) this Agreement; or (iii) your use of Feroz Launcher, your Account or the Content and Services; except that the U.S. Federal Arbitration Act governs arbitration as far as your country’s laws permit. Subject to Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) below, you and FG agree that any claim asserted in any legal proceeding shall be commenced and maintained exclusively in any state or federal court located in King County, Washington, having subject matter jurisdiction. You and FG hereby consent to the exclusive jurisdiction of such courts. In any dispute arising out of or relating to this Agreement, your use of Feroz Launcher, your account, or the Content and Services, the prevailing party will be entitled to attorneys’ fees and expenses (except arbitration — see Section 11.C.)

For EU Customers:

In the event of a dispute relating to the interpretation, the performance or the validity of the Subscriber Agreement, an amicable solution will be sought before any legal action. You can file your complaint at https://ferozgames.freshdesk.com/. In case of failure, you may, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

11. DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER ⏶

This Section 11 shall apply to the maximum extent permitted by applicable law. IN PARTICULAR, IF YOU LIVE IN THE PROVINCE OF QUEBEC (CANADA) OR THE EUROPEAN UNION, THIS SECTION 11 DOES NOT APPLY TO YOU.

Most user concerns can be resolved by use of our Feroz Launcher support site at https://ferozgames.freshdesk.com/. If FG is unable to resolve your concerns and a dispute remains between you and FG, this Section explains how the parties have agreed to resolve it.

A. Must Arbitrate All Claims Except IP, Unauthorized Use, Piracy, or Theft

YOU AND FG AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF Feroz Launcher, YOUR ACCOUNT, HARDWARE OR THE CONTENT AND SERVICES. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND INCLUDES ALL CLAIMS BROUGHT ON BEHALF OF ANOTHER PARTY.

However, this Section 11 does not apply to the following types of claims or disputes, which you or FG may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.

This Section 11 does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.

An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND FG ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

B. Try to Resolve Dispute Informally First

You and FG agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and FG do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or FG may commence an arbitration. Written notice to FG must be sent via postal mail to: ATTN: Arbitration Notice, FEROZ GAMES S.L. C/ Antonio Baeza 22, 1, P.C: 46389, Turis, Valencia, Spain

C. Arbitration Rules and Fees

The U.S. Federal Arbitration Act applies to this Section 11 as far as your country’s laws permit. The arbitration will be governed by the Consumer Arbitration Rules (or the Commercial Arbitration Rules, if the Consumer Arbitration rules are inapplicable) of the American Arbitration Association (“AAA”) as modified by this Agreement. Rules are available at http://www.adr.org. The arbitrator is bound by the terms of this Agreement. 

The AAA will administer the arbitration. Outside the U.S., FG will select a neutral arbitration provider that uses these or similar rules. It may be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.

If you seek $10,000 or less, FG agrees to promptly reimburse your filing fee and your share if any of AAA’s arbitration costs, including arbitrator compensation, unless the arbitrator determines your claims are frivolous or were filed for harassment. FG agrees not to seek its attorneys’ fees or costs unless the arbitrator determines your claims are frivolous or were filed for harassment. If you seek more than $10,000 and the AAA Consumer Arbitration Rules do not apply, the AAA’s arbitration costs, including arbitrator compensation, will be split between you and FG according to the AAA Commercial Arbitration Rules.

D. Individual Binding Arbitration Only

YOU AND FG AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, WHISTLE BLOWER ACTION, OR CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION, EVEN IF AAA’s RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and FG also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

This Agreement does not permit class, collective, or representative arbitration. A court has exclusive authority to rule on any assertion that it does.

E. What Happens if Part of Section 11 Is Found Illegal or Unenforceable

If any part of Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) is found to be illegal or unenforceable, the rest will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class, collective, or representative arbitration, all of Section 11 will be unenforceable and the claim or dispute will be resolved in court.

12. MISCELLANEOUS ⏶

Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be illegal or unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. Section 11.E. governs if some parts of Section 11 (Dispute Resolution/Binding Arbitration/Class Action Waiver) are held to be illegal or unenforceable. This Agreement, including any Subscription Terms, Rules of Use, the FG Privacy Policy, and the FG Hardware Limited Warranty Policy, constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

FG’s obligations are subject to existing laws and legal process and FG may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

You agree to comply with all applicable import/export laws and regulations. You agree not to export the Content and Services or Hardware or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted by the U.S. Bureau of Export Administration. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.

This Agreement was last updated on July 31th, 2020 (“Revision Date”). If you were a Subscriber before the Revision Date, it replaces your existing agreement with FG or FG SARL on the day that it becomes effective according to Section 8 above.