The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and FidelisFactory, and its affiliates (“FidelisFacotry”). This EULA governs your use of Software and Services (as specified below).
For purposes of this EULA „Software“ means all software programs distributed, published or otherwise made available by FidelisFacotry or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
“Services” means all services made available by FidelisFacotry, including but not limited to services accessed through mobile applications, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “FidelisFacotry Services”.
If you do not accept the terms of this EULA, do not install, use or access the FidelisFacotry Services.
SOFTWARE LICENSE. Subject to this EULA and its terms and conditions, FidelisFacotry hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
SERVICE LICENSE. Subject to this EULA and its terms and conditions, FidelisFacotry hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by FidelisFacotry, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.
LICENSE TERM. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or FidelisFacotry’s termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.
OWNERSHIP; NO OTHER LICENSES. FidelisFacotry retains all right, title and interest in and to the FidelisFacotry Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The FidelisFacotry Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by FidelisFactory or mandatory legislation, the FidelisFacotry Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from FidelisFacotry. All rights not expressly granted to you herein are reserved by FidelisFacotry.
FidelisFacotry Services may include links to third party services and/or the third party services may be made available to you via FidelisFacotry Services. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
You agree not to: (i) commercially exploit the FidelisFacotry Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the FidelisFacotry Services, any copies thereof, or any passwords or usernames of FidelisFacotry Services, without the express prior written consent of FidelisFacotry or as set forth in this EULA; (iii) make a copy of the FidelisFacotry Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the FidelisFacotry Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the FidelisFacotry Services or this EULA, use or install the FidelisFacotry Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the FidelisFacotry Services at a computer gaming center or any other location-based site; provided, that FidelisFacotry may offer you a separate site license agreement to make the FidelisFacotry Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the FidelisFacotry Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the FidelisFacotry Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the FidelisFacotry Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such FidelisFacotry Services by any export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the FidelisFacotry Services.
However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only.
The FidelisFacotry Services may include measures to control access to the FidelisFacotry Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only FidelisFacotry Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the FidelisFacotry Services will not function properly.
The FidelisFacotry Services may require an internet connection to access the FidelisFacotry Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the FidelisFacotry Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to FidelisFacotry Services. By using the FidelisFacotry Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the FidelisFacotry Services or certain features of the FidelisFacotry Services may not operate or may cease to function properly, either in whole or in part.
FIDELISFACTORY’S SERVICES ARE PROVIDED “AS IS” AND THERE IS NO GUARANTEE REGARDING THE CORRECTNESS OF IT’S CONTENT OR CALCULATIONS. THEREFORE, THERE IS NO LIABILITY FROM FIDELISFACTORY’S SIDE REGARDING THESE CONTENTS.
Likely situations when you make personal data available to FidelisFacotry include, but are not limited to: by using FidelisFacotry’s mobile apps or visiting our websites; upload content to our clouds; participating in analytical comparisons; registration for Services, contests and special events; accessing Services using a third party ID, such as social networking sites or gaming services; subscribing to newsletters; purchasing a product or services through FidelisFacotry’s online stores or within the app (or „in-app purchase“); using “tell a friend,” „email this page,“ or other similar features; requesting technical support; and (viii) otherwise through use of FidelisFacotry Services where personal data is required for use and/or participation.
The data we process on you may include, but is not limited to: email address, device ID, IP-address, anonymised usage data, anonymised analytical content for comparisons, user names and passwords.
FidelisFacotry may supplement your data with data received from third parties in connection with demographic, advertisement, market and other analytics surveys or services.
FidelisFacotry reserves the right to use and disclose the collected, non-personal data for purposes of advertising by FidelisFacotry or FidelisFacotry’s partners and contractors.
FidelisFacotry may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services.
FidelisFacotry or third parties operating the ad serving technology may use demographic and geo-location information (for more information regarding use of Location Data see below Section 3) as well as information logged from your hardware or device to ensure that relevant advertising is presented within the Service. FidelisFacotry or third parties may collect and use data, for such purposes, including but not limited to, data such as IP address, Device ID, MAC address, installed software, application usage data, hardware type, Operating System information, browser information, unique identifiers in browser cookies, Flash cookies, and HTML5 local storage, Internet and on-line usage information and in-game information.
FidelisFacotry may display to you behaviorally targeted advertising. Some services may include the use of in-game advertisements or brand placement. Such ads or sponsorships will be noted as such within the services.
To the extent FidelisFacotry makes location enabled Services available and you use such Services, FidelisFacotry may collect and process your location data to provide location related Services and advertisements. For example, some add-ons or offers may be available at dedicated locations. The location data is processed and stored only for the duration that is required for the provision of the location related Services.
FidelisFacotry may use, depending on the service (1) IP-based location based on the IP address presented by the end-user, (2) fine geo-location data based on coordinates obtained from a mobile device’s GPS radio, or (3) coarse, network-based geo-location data based on proximity of network towers or the location of WiFi networks.
FidelisFacotry uses your information to perform its own analytics and to enable analytics provided by third parties. We use analytical information for supporting business analysis and operations, business intelligence, product development, improving products and services, personalizing content, providing advertising, and making recommendations. FidelisFacotry may also use third-parties, such as a Flurry or AppAnnie in order to develop and analyze use of the Services. For more information about Flurry and its services please see http://www.flurry.com/. For more information about AppAnnie and its services please see http://www.appannie.com/
FidelisFacotry may use third parties to collect and process personal data on FidelisFacotry’s behalf and in according to FidelisFacotry’s instructions. FidelisFacotry is not liable for the acts and omissions of these third parties, except as provided by mandatory law.
Please note that some data may be further retained if necessary to resolve disputes, enforce FidelisFacotry user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of Services.
The Services may use “cookies” and other technologies such as pixel tags, local shared objects, hardware-based device identifiers, Operating System-based identifiers, clear GIFs and web beacons. FidelisFacotry treats information collected by cookies and similar technologies as non-personal data.
Cookies: A “cookie” is a small file stored by your browser when told to do so by a website. Typically websites place a number of different cookies on an end-user’s machine. Some of the cookies are “1st Party,” from the website itself, and others are “3rd party,” belonging to advertising and analytics entities or social networks. FidelisFacotry’s cookies do not include personal data and are typically used to quickly identify your device and to “remember” your browser during subsequent visits for purposes of functionality, preferences, and website performance. You can disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the Services.
Flash cookies & HTML5: FidelisFacotry may also use Flash cookies (local shared objects) and HTML5 local storage. Flash cookies are small files similar to browser cookies, but which are not stored in the browser and can also be used to remember your settings, to personalize the look and feel of the Services, or for advertising and analytics. You may prevent Flash cookies from being stored by following the instructions provided by Adobe at http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html.
Web Beacons and pixel tags: A “web beacon” or a “pixel tag” is an electronic image (often not visible to the end-user) that allows FidelisFacotry to count users who have visited certain pages or viewed certain advertisements. Additionally, e-mails and other electronic communications FidelisFacotry sends to you may contain pixel tags that enable FidelisFacotry to track your usage of the communication, including whether the communication was opened and/or what links were followed, if any.
Please note that your access to and use of the Services may be subject to certain third party terms and conditions and FidelisFacotry is not liable for any such third parties’ use of your personal data.
Certain Services that FidelisFacotry may offer, such as multiplayer gaming, social networking and gaming console services, may use third party services to provide authentication for the Services with a gaming console ID, social networking ID, or gaming network account. In connection with such use, certain personally identifiable user and/or membership data may be transferred automatically to and from FidelisFacotry.
FidelisFacotry tries to follow generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity and privacy of the information in FidelisFacotry’s possession. „Don’t be Evil“.
You may choose to disclose data about yourself in the course of contributing user generated content to the Services.
Any data that you disclose in any of these forums, blogs, chats or the like will become public information, and there is no expectation of privacy or confidentiality with respect to that data.
FidelisFacotry may license to you certain virtual goods to be used within FidelisFacotry Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.
Any and all virtual goods are licensed to you on limited, non-transferable, non-sublicensable and revocable basis.
Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Also please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and FidelisFacotry is not a party to the transaction.
FidelisFacotry may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. FidelisFacotry shall have no liability to you or any third party in the event that FidelisFacotry exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT FIDELISFACOTRY IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
THE FIDELISFACOTRY SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. FIDELISFACOTRY, FIDELISFACOTRY’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. FIDELISFACOTRY, FIDELISFACOTRY’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE FIDELISFACOTRY SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE FIDELISFACOTRY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE FIDELISFACOTRY SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER FIDELISFACOTRY SERVICES OR THAT ANY ERRORS IN THE FIDELISFACOTRY SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY FIDELISFACOTRY, FIDELISFACOTRY’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL FIDELISFACOTRY, FIDELISFACOTRY’S AFFILIATES, FIDELISFACOTRY’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE FIDELISFACOTRY SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT FIDELISFACOTRY, FIDELISFACOTRY’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, FIDELISFACOTRY’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL FIDELISFACOTRY’S, FIDELISFACOTRY’S AFFILIATES’, FIDELISFACOTRY’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE FIDELISFACOTRY SERVICES OR FIVE EUROS (EUR 5), WHICHEVER LESS.
TERMINATION: This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any FidelisFacotry Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.
EQUITABLE REMEDIES: You hereby agree that if the terms of this EULA are not specifically observed, FidelisFacotry will be irreparably damaged, and therefore you agree that FidelisFacotry shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.
AFFILIATE: For purposes of this EULA, an “affiliate” or FidelisFacotry means any legal entity that is directly or indirectly controlled by FidelisFacotry for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50 % of the nominal value of the issued equity share capital or more than 50 % of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.
INDEMNITY: You agree to indemnify, defend and hold FidelisFacotry, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the FidelisFacotry Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. FidelisFacotry reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on FidelisFacotry’s website. You will be deemed to have accepted such changes by continuing to use the FidelisFacotry Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION. This EULA will be governed by the laws of Switzerland without reference to its choice of law rules. The United Nations Convention for the International Sale of Goods shall not apply.
Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at FidelisFacotry’s discretion (i) at your domicile’s competent courts; or (ii) by arbitration in accordance with the Rules for Expedited Arbitration of the Arbitration Institute of the Finland Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland, in the English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST FIDELISFACOTRY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT info -at- fidelisfactory.com.