End-user license agreement
Frima Studio Inc. – All rights reserved.
This product (the “Game”) is by Frima Studio Inc. (“Frima”), a Quebec company, which is located at 395, rue Victor-Revillon, Québec, QC, G1K 3M8.
This End-user license agreement (the “Agreement”) is an agreement between you and Frima and applies to all users of this Game. If you have any questions relating to the Agreement or the Game, they can be sent at this address: firstname.lastname@example.org
PLEASE READ THIS AGREEMENT CAREFULLY. THROUGH YOUR CONTINUED USE OF THIS GAME, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
IF YOU ARE UNDER THE AGE OF 18 OR UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT BEFORE YOU MAY USE THE GAME. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS GAME. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
In this Agreement, “you” or “your” means any person or entity using this Game, and your parent or legal guardian, in the case of minors. Unless otherwise stated, “Frima”, “we” or “our” refers to Frima and its successors and assigns.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Game and receipt of data, materials and information available at or through the Game.
We shall have the right at any time to change the Game, including eliminating or discontinuing any content or feature of the Game. Such changes, modifications, additions, or deletions shall be effective immediately upon implementation. We may or may not provide notice, in such form that we determine appropriate, including, but not limited to, posting a notice on the Game, or sending a notice by electronic mail. Your use of the Game after any changes shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
4. RESTRICTIONS ON USE OF MATERIALS
The Game contains material which is protected, nationally and internationally, by copyright and trademark laws. No material (including without limitation the text, images, audio and/or video) from any Game owned, operated, licensed or controlled by us and/or by our affiliates and no software (including without limitation any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Material which is expressly so designated, and in such event, only on any single device for your personal, non-commercial use only, provided you keep intact any and all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of our and/or one or more third party’s copyright, trademark and/or other proprietary rights. The use of any such Materials on any other device or platform is prohibited without our express written consent.
If you download software from the Game, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer rights to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete rights to the Software, including all intellectual property rights therein. You may not re-sell, decompile, reverse engineer or disassemble the Software. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to the “CLAIMS OF COPYRIGHT INFRINGEMENT” section of this Agreement and follow the instructions.
5. THIRD PARTY SITES
6. THE GAME
You may not:
You understand that if you break these rules, your account could be suspended or banned from in-game features or the Game OR your account could be deleted outright without warning.
7. IN GAME PURCHASE
From time to time, You may purchase goods or services in the Game (“Items”). With respect to these Items, You understand that except for the right to use such Items in the Game, You have no other right or title in or to any such Items. We may control, modify, discontinue, manage, change the prices or otherwise regulate these Items at any time and for any reason. Frima reserves the right to discontinue Items, restrict sale of some Items and reject, correct, cancel or refuse orders. Frima may revise or modify Items at any time including prior to Frima’s acceptance of your order, without prior notice to you.
Once an order for Items is accepted by Frima, no returns, refunds, exchanges, substitutions or cancellations are permitted except as required under applicable law.
While every effort is made to ensure that descriptions of Items and prices are accurate, occasionally errors may occur. Frima reserves the right to correct errors in the description of Items and/or pricing at any time, prior to accepting an order already placed.
8. JURISDICTIONAL ISSUES
This Game is owned by Frima in Quebec, Canada. Frima’s offices are located in Quebec, Canada. If you choose to access and use this Game from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement shall exclusively be governed by and construed in accordance with the laws of the Province of Quebec and of Canada, without giving effect to any principles of conflicts of law. You agree that, except as set forth below, any action at law or in equity arising out of or relating to this Agreement shall be filed in the competent Court of Canada, located in Quebec city, Quebec, Canada, and you hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this Agreement shall be English.
This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws. Nothing in this Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this Agreement.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all copies and installations of the Game, all Materials and all related documentation in your possession, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice if, in our sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all copies and installations of the Game, all Materials and all related documentation in your possession.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD FRIMA HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH FRIMA MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS AGREEMENT; (II) YOUR USE OF THIS GAME; AND/OR (III) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH FRIMA IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
11. LIMITATION OF LIABILITY
Your use and browsing of the Game is at your own risk. If you are dissatisfied with any of the Materials contained in the Game, or with any provision(s) of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Game. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, and/or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the materials in this Game in terms of their correctness, accuracy, reliability, or otherwise. You specifically acknowledge and agree that we and/or our affiliates are not liable for any defamatory, offensive or illegal conduct of any user.
IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE GAME BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE GAME OR THE MATERIALS CONTAINED WITHIN THE GAME, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT WE, OUR AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE GAME HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE, OUR AFFILIATES, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE GAME SHALL NOT BE RESPONSIBLE FOR DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTY’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORK SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF US, OUR AFFILIATES, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE GAME. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages so the above limitation or exclusion may not apply to you. However, in no event shall our total liability to you if any for all damages, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise exceed the amount paid by you to us, if any.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF OUR GAME OR THE SERVICES TRANSMITTING OUR GAME TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. FOR PURPOSES OF THIS AGREEMENT, “TECHNICAL DISRUPTION” MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE GAME TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE GAME. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE GAME AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE GAME ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
12. GENERAL PROVISIONS
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from this Agreement. Your use of this Game is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Frima. This Agreement may not be assigned by you.
Our failure to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of this Agreement.
This Agreement, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Game, and replaces any prior understandings or agreements (whether oral or written) regarding the Game. IF YOU DO NOT AGREE TO THE FOREGOING AGREEMENT OR ARE NOT AUTHORIZED TO ENTER INTO THIS AGREEMENT, PLEASE STOP USING THE GAME.
This Agreement take effect as an agreement and separately as a notice which limits the basis on which Frima makes the Game available. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. In this Agreement, the word “including” is used illustratively, as if followed by the words “but not limited to.” The headings in this Agreement are for your convenience and reference and do not limit or affect this Agreement.
13. CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.
Notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.
Notification must be submitted to the following Designated Agent:
Service Provider: Frima Studio Inc.
Full address of designated agent to which notification should be sent: 395, rue Victor-Revillon, Québec, QC, G1K 3M8.
Telephone Number of Designated Agent: +1 (418) 529-9697
Facsimile Number of Designated Agent: +1 (418) 529-5869
To be effective, the notification must be a written communication that includes the following: