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Please read these Terms of Service and our Privacy Policy carefully before using FX Games [In Russian: ООО ЭФ ИКС ГЕЙМС] ("FX GAMES") Services.
Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and FX GAMES. If you do not agree to all the terms and conditions, you must not use our Services.
DEFINITIONS
Account — Any account provided by FX GAMES that you create to access certain Services.
In-App Purchases - Non-Virtual Goods available for purchase through the Services. Including, but not limited to remove ads, infinite lives, or full upgrade.
IP right — Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
Privacy Policy — FX GAMES policy regarding privacy. The current version could be found here.
Service or Services — Any game, website, and other related services by FX GAMES and its affiliates, including but not limited to Galaxy Control, Galaxy Control: 3D Strategy, http://fx.gl, and http://fxgamesmedia.com.
Terms of Service or Term — These terms of service
Virtual Goods— Digital material FX GAMES may make available under certain restrictions. Including, but not limited to gold, redmin, and coins.
OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
Ownership. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a FX GAMES game client, and the FX GAMES game clients and server software) are owned or licensed by FX GAMES. FX GAMES reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant FX GAMES policies, FX GAMES grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by FX GAMES based on average usage of the Services from other users.
You acknowledge You will not directly or indirectly:
Partake in any activity or action that FX GAMES deems to be against the spirit or intent of the Services.
copy, distribute or reproduce any Service or related content.
Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or FX GAMES itself.
Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a FX GAMES employee.
Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
Your Account and Virtual Goods and/or In-App Purchases.
No matter what else is said in these Terms or anywhere else within the Services, you have no right or title to the Account you create on our Service and your Account is not your property. Likewise, In-App Purchases and Virtual Goods, regardless of whether they were "earned" or purchased within the Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by FX GAMES and are licensed to you under the same rules as 2(a).
Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by FX GAMES based on average usage of the Services from other users. If you would like us to delete your account, please alert us here: support@fxgamesmedia.com
USER CONTENT
FX GAMES assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk
When you transmit or upload User Content, you agree to abide by the following rules:
All content will be accurate
All content will be free of any infringing material
All content will not be in violation of any law, contractual restrictions, or other parties' rights.
All content will be free of viruses, adware, spyware, worms, or other malicious code.
You hereby grant FX GAMES a revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to FX GAMES the right to authorize others to exercise any of the rights granted to FX GAMES under these Terms of Service. You further hereby grant to FX GAMES the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. FX GAMES does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can revoke this license only by sending notification to: support@fxgamesmedia.com
FEES AND PAYMENT TERMS
Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. FX GAMES may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. FX GAMES shall have no liability to you or any third party is FX GAMES exercises any such rights.
Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Facebook, Apple iOS, Android, Amazon or Windows Phone will be subject to those platforms' payment terms and conditions. FX GAMES does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT FX GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTAY OR INVOLUNTARY.
DURATION
Unless modified or amended by FX GAMES, this agreement and its provisions shall remain in effect. Termination of any license granted by FX GAMES under this agreement does not affect any other provisions of this agreement.
ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
You warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Game; or 3) are a minor age 13-17 who has been authorized under the provisions of Section 6(c) below. If you are under 13 years of age, you may not use our Services. If you are under 13 years of age, you must not create an Account, use any part of the Services, or submit personal information through the Services.
Each Account may only be used by one person. If a minor has been allowed access to an Account under Section 6(c) below, only that minor may use the Account thereafter. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by you to do so is null and void.
If you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services, you can choose to allow use of your Account by that minor instead of yourself subject to the following provisions:
You acknowledge, and further agree they are entering into an agreement with your consent;
You acknowledge, and further agree you are responsible for all the provisions they have agreed to on your behalf;
You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
In consideration for FX GAMES allowing access to the Game by a minor, and in addition to the provisions of Section 13 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless FX GAMES with respect thereto.
SERVICE AND AVAILABILITY
You acknowledge that FX GAMES may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of FX GAMES, and that FX GAMES cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT THE FX GAMES AND FX GAMES AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF FX GAMES AND/OR THE FX GAMES AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID FX GAMES AND/OR THE FX GAMES AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID FX GAMES OR ANY FX GAMES AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FX GAMES AND/OR ANY FX GAMES AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
INDEMNITY
You agree to defend, indemnify and hold harmless FX GAMES, any third-parties under agreement with FX GAMES, any parent, subsidiary or affiliate of FX GAMES, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
Your failure to comply with any provision of this agreement;
Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
You acknowledge, and further agree, that FX GAMES has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
DISPUTE RESOLUTION
Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
GENERAL PROVISIONS
It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that FX GAMES may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
Force Majeure. Both you and FX GAMES shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or FX GAMES, as applicable under the circumstances.
No Waiver. If We do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
Waiver. Signed written consent from a legally authorized representative of FX GAMES is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
Injunctive Relief. You and FX GAMES acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. You and/or FX GAMES) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of New York, or, as appropriate, by federal law as applied by a federal court sitting in New York, both without regard to New York choice of law rules.
Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and FX GAMES. If you do not agree to all the terms and conditions, you must not use our Services.
DEFINITIONS
Account — Any account provided by FX GAMES that you create to access certain Services.
In-App Purchases - Non-Virtual Goods available for purchase through the Services. Including, but not limited to remove ads, infinite lives, or full upgrade.
IP right — Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
Privacy Policy — FX GAMES policy regarding privacy. The current version could be found here.
Service or Services — Any game, website, and other related services by FX GAMES and its affiliates, including but not limited to Galaxy Control, Galaxy Control: 3D Strategy, http://fx.gl, and http://fxgamesmedia.com.
Terms of Service or Term — These terms of service
Virtual Goods— Digital material FX GAMES may make available under certain restrictions. Including, but not limited to gold, redmin, and coins.
OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
Ownership. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a FX GAMES game client, and the FX GAMES game clients and server software) are owned or licensed by FX GAMES. FX GAMES reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant FX GAMES policies, FX GAMES grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by FX GAMES based on average usage of the Services from other users.
You acknowledge You will not directly or indirectly:
Partake in any activity or action that FX GAMES deems to be against the spirit or intent of the Services.
copy, distribute or reproduce any Service or related content.
Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or FX GAMES itself.
Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a FX GAMES employee.
Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
Your Account and Virtual Goods and/or In-App Purchases.
No matter what else is said in these Terms or anywhere else within the Services, you have no right or title to the Account you create on our Service and your Account is not your property. Likewise, In-App Purchases and Virtual Goods, regardless of whether they were "earned" or purchased within the Services, are not your property. Your Account, any Virtual Goods, and any In-App Purchases are owned by FX GAMES and are licensed to you under the same rules as 2(a).
Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by FX GAMES based on average usage of the Services from other users. If you would like us to delete your account, please alert us here: support@fxgamesmedia.com
USER CONTENT
FX GAMES assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Service is at your own risk
When you transmit or upload User Content, you agree to abide by the following rules:
All content will be accurate
All content will be free of any infringing material
All content will not be in violation of any law, contractual restrictions, or other parties' rights.
All content will be free of viruses, adware, spyware, worms, or other malicious code.
You hereby grant FX GAMES a revocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to FX GAMES the right to authorize others to exercise any of the rights granted to FX GAMES under these Terms of Service. You further hereby grant to FX GAMES the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. FX GAMES does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. You agree that you can revoke this license only by sending notification to: support@fxgamesmedia.com
FEES AND PAYMENT TERMS
Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. FX GAMES may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. FX GAMES shall have no liability to you or any third party is FX GAMES exercises any such rights.
Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Facebook, Apple iOS, Android, Amazon or Windows Phone will be subject to those platforms' payment terms and conditions. FX GAMES does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT FX GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTAY OR INVOLUNTARY.
DURATION
Unless modified or amended by FX GAMES, this agreement and its provisions shall remain in effect. Termination of any license granted by FX GAMES under this agreement does not affect any other provisions of this agreement.
ACCOUNT ACCESS AND PERMISSIBLE ASSIGNMENT
You warrant and represent that you: 1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself; 2) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Game; or 3) are a minor age 13-17 who has been authorized under the provisions of Section 6(c) below. If you are under 13 years of age, you may not use our Services. If you are under 13 years of age, you must not create an Account, use any part of the Services, or submit personal information through the Services.
Each Account may only be used by one person. If a minor has been allowed access to an Account under Section 6(c) below, only that minor may use the Account thereafter. You may not make any assignment or transfer of rights, obligations or liabilities related to this agreement and any attempt by you to do so is null and void.
If you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of yourself and a minor age 13-17 for whom you are legally permitted to allow access to the Services, you can choose to allow use of your Account by that minor instead of yourself subject to the following provisions:
You acknowledge, and further agree they are entering into an agreement with your consent;
You acknowledge, and further agree you are responsible for all the provisions they have agreed to on your behalf;
You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor;
In consideration for FX GAMES allowing access to the Game by a minor, and in addition to the provisions of Section 13 below, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless FX GAMES with respect thereto.
SERVICE AND AVAILABILITY
You acknowledge that FX GAMES may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of FX GAMES, and that FX GAMES cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT THE FX GAMES AND FX GAMES AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF FX GAMES AND/OR THE FX GAMES AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID FX GAMES AND/OR THE FX GAMES AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID FX GAMES OR ANY FX GAMES AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FX GAMES AND/OR ANY FX GAMES AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
INDEMNITY
You agree to defend, indemnify and hold harmless FX GAMES, any third-parties under agreement with FX GAMES, any parent, subsidiary or affiliate of FX GAMES, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
Your failure to comply with any provision of this agreement;
Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
You acknowledge, and further agree, that FX GAMES has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
DISPUTE RESOLUTION
Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
GENERAL PROVISIONS
It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that FX GAMES may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
Force Majeure. Both you and FX GAMES shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or FX GAMES, as applicable under the circumstances.
No Waiver. If We do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
Waiver. Signed written consent from a legally authorized representative of FX GAMES is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
Injunctive Relief. You and FX GAMES acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. You and/or FX GAMES) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of New York, or, as appropriate, by federal law as applied by a federal court sitting in New York, both without regard to New York choice of law rules.