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Terms of Use Agreement

Last Updated October 10, 2018


YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT (THE "TERMS OF USE" OR "AGREEMENT"). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL, USE OR OTHERWISE ACCESS THE SOFTWARE OR SERVICE. PLEASE DELETE THE SOFTWARE PROGRAM IMMEDIATELY. IF YOU HAVE PURCHASED THE SOFTWARE FROM A RETAILER ARRANGE TO RETURN TO THEM WITHIN 30 DAYS THE GAME AND ALL PACKAGING AND OTHER ACCOMPANYING MATERIALS AS MAY HAVE BEEN SUPPLIED TO YOU.

The terms “Firefly”, “we”, “us”, “our”, “ours” and "Firefly group of companies" when used in this Terms of Use shall mean Firefly Holdings Limited, which includes any subsidiaries, divisions, branches or companies under common ownership or control of Firefly Holdings Limited. The terms “you”, “your” and “yours” when used in this Terms of Use shall mean any user of our Game or Service (as defined below).

Firefly publishes and operates on-line games here collectively and individually referred to as (the "Game"). The Game includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the "Game Client") and (b) Firefly’s proprietary online services (the "Service"). Your use of the Service is subject to these Terms of Use which you must accept before you can use the Game Client or the Service.

1. Grant of a Limited License to Use the Service

Subject to your agreement to and continuing compliance with these Terms of Use, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software unless otherwise authorized by Firefly.

2. Additional License Limitations

The license granted to you in Section 1 is subject to the limitations set forth in Section 1 and this Section 2 (collectively, the "License Limitations"). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Firefly’s intellectual property rights in and to the Game. You agree that you WILL NOT, under any circumstances:

a) use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software, databases or scripts designed to modify the Game experience and/or Service;

b) exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose, including without limitation (a) for gathering any applicable in-game currency, items or resources for sale outside the Game; or (b) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;

c) sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, nor shall you rent, lease or license the Game to others;

d) use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas used by the Game to store information about a character, village, or any other content or aspect of the game environment; provided, however, that Firefly may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

e) modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Firefly;

f) host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by Firefly in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;

g) facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Firefly; or

h) disrupt or assist in the disruption of (i) any computer used to support the Service (each a "Server"); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. You agree that you will not violate any applicable law or regulation in connection with your use of the Game Client or the Service;

i) reverse engineer, decompile, or disassemble the Game, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

j) use the Game or Service to send unsolicited emails, including, without limitation promotions or advertisements for products or services.

3. Eligibility and Access Requirements

a) You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for up to three (3) minor children for whom you are a parent or guardian and whom you have authorized to use the account you create on the Service.

b) This Game is played over the internet through the Service provided by Firefly. You acknowledge and agree that you are responsible for acquiring your own internet connection and are responsible for the cost of all telephone and internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Service.

4. Ownership

4.1 All rights and title in and to the Game (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the Game Client, transcripts of the chat rooms, forum posts, in-game emails, character profile information, any and all user generated content (such as shields, busts etc), recordings of games played using the Game Client, and the Game Client and server software) are owned by Firefly or its licensors. The Game and the Service are protected by English and international laws, and may contain certain licensed materials in which Firefly’s licensors may enforce their rights in the event of any violation of this Agreement.

4.2 You further acknowledge the Game and the content used in and in connection with the Game is protected by copyrights, trademarks, and other proprietary rights owned by Firefly or its suppliers, title to all of which is expressly reserved, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in these Terms of Use.

5. Account, Username and Password

In order to play the Game you will need to set up an account by completing the registration process (the “Account”).” During the registration process, you may be required to create a profile and select a unique username and a password (collectively referred to hereunder as "Login Information"). When creating such Account, you may be required to provide Firefly with certain personal information. You agree that you will supply accurate information to Firefly when requested, and that you will update that information promptly after it changes. Failure to do so may result in suspension or termination of the Account. You may not share the Account or the Login Information with anyone other than as expressly set forth herein. Any personal information that is supplied to us in this way is subject to the terms of our Privacy Policy.

6. No Ownership Rights in Account

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FIREFLY.

7. Account Suspension/Deletion

FIREFLY MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these Terms of Use.

8. Code of Conduct

8.1 As with all things, your use of the Game and the Service is governed by certain rules. These rules (the "Code of Conduct"), maintained and enforced exclusively by Firefly, must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Firefly reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Firefly reserves the right to modify this Code of Conduct at any time.

8.2 Rules Related to Player created names and labels.

Each user will be able to create in game names and labels that will be visible to all players. These include, but are not limited to player names, village, city, castle, forum names, faction, alliance house, clan, tribe names and mottos. When you choose to create a name or label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If Firefly finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of the Service. In particular, you may not use any name:

a) Belonging to another person with the intent to impersonate that person, including without limitation a "Liaison" or any other employee or agent of Firefly;

b) That incorporates vulgar language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;

c) Subject to the rights of any other person or entity without written authorization from that person or entity;

d) That belongs to a popular culture figure, celebrity, or media personality;

e) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;

f) Belonging to any religious figure or deity;

g) Related to drugs, sex, alcohol, or criminal activity;

h) Referring to pop culture icons or personas

8.3 Rules Related to "Chat" and Interaction with Other Users.

Communicating in-game or through the Game Forums with other Users and Firefly representatives, whether by text, voice or any other method, is an integral part of the Game and the Service and is referred to here as "Chat." When engaging in Chat, you may not:

a) Transmit or post any content or language which, in the sole and absolute discretion of Firefly, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

b) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;

c) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Game;

d) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;

e) Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;

f) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;

g) Participate in any action that, in the sole and absolute opinion of Firefly, results or may result in an authorized user of the Game being "scammed" or defrauded out of items, resources, or any other items that such user has earned through authorized use of the Game;

h) Impersonate any real person, including without limitation any Firefly agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Firefly agent or employee.

8.4 Rules Related to Game Play.

Firefly strictly enforces the rules that govern game play. Firefly considers most conduct to be part of the Game, and not harassment. These include but are not limited to, attacking, capturing, and razing other player’s in game property. The Game has a "player vs. player" element so you should always remember to protect yourself in areas where others can attack you, rather than contacting Firefly’s in-game customer service representatives for help when you have been attacked by another player. Notwithstanding the foregoing certain acts go beyond what is "fair" and are considered serious violations of these Terms of Use. Those acts include, but are not limited to, the following:

a) Using or exploiting errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players;

b) Conduct prohibited by these Terms of Use; and

c) Anything that Firefly considers contrary to the "essence" of the Game.

9. Security of Login Information

You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Firefly by emailing dataprotection@fireflyworlds.com

10. Patches and Updates

Firefly shall have the right to deploy or provide patches, updates and modifications to the Game, as needed. These patches, updates and modifications to the Game must be installed for the user to continue to play the Game. For these purposes, Firefly may from time to time update the Game remotely, including, without limitation, the Game Client, without your knowledge or specific consent, and you hereby grant to Firefly your consent to deploy and apply such patches, updates and modifications to the Game.

11. Ownership/Selling of the Account or Virtual Items and Purchase of Virtual Items

11.1 Firefly does not recognize the transfer of Game Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Firefly owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation in-game items and items associated with the Game including but not limited to “Strategy Cards”, “Card Points”, “Premium Tokens”,Firefly Crowns, Firefly Florins, Firefly Gems and Firefly Trajans appearing or originating in the Game, or any other attributes associated with the Account or stored on the Service except as otherwise specified in these Terms of Use. Firefly may from time to time provide you with free in-game items (whether as part of a promotion, or otherwise) but has no obligation to do so and can suspend or withdraw the right for you to obtain in-game items by such means at its discretion.

11.2 Firefly does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Game. Accordingly, you may not sell in-game items, or items associated with the Game, including but not limited to Strategy Cards, Card Points, Premium Tokens, Firefly Crowns, Firefly Florins, Firefly Gems or Firefly Trajans for "real" money, or exchange those items or Firefly Crowns, Firefly Florins, Firefly Gems and Firefly Trajans for value outside of the Game.

11.3 If you wish to acquire items for use in the Game (or items associated with the Game including Strategy Cards, Card Points and Premium Tokens) you may only do so by using Firefly Crowns, Firefly Florins, Firefly Gems or Firefly Trajans. Firefly Crowns, Firefly Florins, Firefly Gems and Firefly Trajans can be purchased by credit card or other third party payment system as notified to you from time to time. When paying for Firefly Crowns, Firefly Florins, Firefly Gems or Firefly Trajans, you will be asked by Firefly or its third party providers to supply certain information applicable to your purchase, including, without limitation, credit card and other information. When making a purchase you represent and warrant each and every time that (i) you are of a legal age to form a binding contract or a minimum of at least 18 years old (whichever is the greater) and (ii) you have the legal right to use the payment means selected by you. Any information you supply in the course of your transactions will be treated by Firefly in the manner described in our Privacy Policy, https://fireflyworlds.com/privacy-policy/. You agree to pay all charges incurred by you or any users of your Account and credit card (or other applicable payment mechanism). You will also be responsible for paying any applicable taxes relating to your purchase.

11.4 For the avoidance of doubt Firefly Crowns, Firefly Florins, Firefly Gems and Firefly Trajans: (i) cannot be transferred, sold or exchanged for money, goods or services; (ii) have no monetary value; (iii) do not constitute currency or property; (iv) will expire (if not used to acquire in-game items) within 90 days of purchase; and (v) are not refundable except that you may cancel your purchase at any time prior to you receiving notification that your Firefly Crowns, Firefly Florins, Firefly Gems or Firefly Trajans have been successfully transferred to your Account.

12. Changes to the Terms of Use Agreement or the Game

Firefly reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes (as determined in Firefly’s sole and absolute discretion) will be disclosed as follows: Firefly will provide you with notification of any such changes through a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game and the Account. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Firefly may change, modify, suspend, or discontinue any aspect of the Game at any time. Firefly may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.

13. Termination

This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and not accessing the Game Client. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made and acknowledge the forfeiture of all game currency and or items, including but not limited to ‘Firefly Crowns’, ‘Firefly Florins’, ‘Firefly Gems’, ‘Firefly Trajans’, ‘Cards’, ‘Card Packs’, ‘Premium Tokens’, ‘Card Points’, ‘in-game items’ and ‘game invitations’. You agree and acknowledge that you are not entitled to any refund for any amounts, which were pre-paid on behalf of the Account prior to any termination of this Agreement Firefly may terminate this Agreement with or without notice by terminating the Account as set forth in Section 7. The provisions of Sections 4, 7, 11 and 14-20 shall survive any termination of this Agreement.

14. Warranty Disclaimer

THE GAME AND THE SERVICE ARE PROVIDED "AS IS" AND FIREFLY DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIREFLY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

15. Duration of the Service

Firefly does not guarantee that it will continue to offer access to the Service or support the Game. Firefly may, in its sole discretion, cease to provide any or all of the services offered in connection with the Game (including access to the Service and any or all features or components of the Game), terminate these Terms of Use and any rights or licenses granted herein and close all Accounts. Firefly may communicate such termination to you upon 90 days notice in any of the following manners: (i) when you log into your Account; (ii) in a notice on the Firefly website (https://www.fireflyworlds.com); (iii) via electronic mail; or (iv) in another manner that Firefly deems suitable to inform you of the termination. If Firefly terminates these Terms of Use pursuant to this section, you will not be eligible to receive a refund for any amounts, which were pre-paid (including any amounts used to purchase Firefly Crowns, Firefly Florins, Firefly Gems or Firefly Trajans) on behalf of the Account.

16. Limitation of Liability

NEITHER FIREFLY NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL FIREFLY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR GOODWILL

17. Force Majeure

Firefly shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Firefly, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Firefly’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

18. Acknowledgments

You hereby acknowledge and agree that:

18.1 WHEN RUNNING, THE GAME MAY MONITOR YOUR DEVICE’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2, 8 OR 9. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, FIREFLY MAY (a) COMMUNICATE INFORMATION BACK TO FIREFLY, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

18.2 WHEN THE GAME IS RUNNING, FIREFLY MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR DEVICE AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS (ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT.

18.3 Firefly may, in accordance with the Privacy Policy (https://fireflyworlds.com/privacy-policy/) with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, Chat logs and other information about you and your activities in response to a request by law enforcement, a court order or other legal process.

18.4 FIREFLY MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS WITHOUT NOTICE TO YOU IN ORDER TO INVESTIGATE CLAIMS OF INAPPROPRIATE LANGUAGE, HARRASSMENT OR TO COMPLY WITH LAW ENFORCEMENT, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Firefly is under no obligation to monitor Chat, and you engage in Chat at your own risk.

19. Equitable Remedies

In the event that you breach this Agreement, you hereby agree that Firefly would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Firefly shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Firefly may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with this Section 19, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, reasonable attorneys' fees and other expenses incurred by such prevailing party in the litigation.

20. Dispute Resolution and Governing Law

20.1 This Agreement and all matters arising from it and any dispute resolutions referred to below shall be governed by and construed in accordance with English Law notwithstanding the conflict of law provisions and other mandatory legal provisions.

20.2 The parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales for the purposes of hearing and determining any dispute arising out of this Agreement.

21. Miscellaneous

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Firefly concerning the Game and Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Firefly. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT. I further represent that I am over the age of majority in my country of residence or that I am a minor but have obtained the consent from my legal representative (parent or guardian) to enter into this Agreement.

© 2018 FIREFLY HOLDINGS LIMITED. All rights reserved.


[/b]PRIVACY POLICY AGREEMENT[/b]

Last Updated June 1, 2024


The terms “Firefly”, “we”, “us”, “our”, “ours” and “Firefly group of companies” when used in this Privacy Policy mean Firefly Holdings Limited, which includes any subsidiaries, divisions, branches or companies under common ownership or control of Firefly Holdings Limited. The terms “you”, “your” and “yours” when used in this Privacy Policy mean any user of our websites or services.
The term “Personal Data” refers to any information relating to an identified or identifiable natural person. GDPR Art. 4(1)(1)

1. Introduction to Privacy Policy

We are committed to the privacy and confidentiality of information provided by you to us. This Privacy Policy describes our current policies and practices in compliance with the General Data Protection Regulation (GDPR) with regard to Personal Data collected by us from you directly and/or through our websites, games and services. For the purposes of GDPR regulations Firefly Holdings Limited is the “data controller”.
Please note that by submitting Personal Data manually or in electronic form to us and/or by using our websites and/or services you give your consent that all Personal Data on each occasion that you submit may be processed by, and/or shared within the Firefly group of companies, in the manner and for the purposes described in this Privacy Policy.

2. Notification of changes to this Privacy Policy

We are continually improving our methods of communication and adding new functionality and features to our websites and to our games and services. Because of these ongoing changes, changes in the law and the changing nature of technology, our data practices will change from time to time. If and when our data practices change, we will notify you of the changes via this page. We encourage you to check this Privacy Policy frequently.

3. Data Protection Policy

We process gamers’ personal data to provide access to our online games, to develop new games and refine existing games to work better with different devices. This processing is necessary to fulfil our contract with gamers and is in our legitimate business interests to develop new games and refine existing ones to work better with different devices.

We also process personal data to protect the security and integrity of our databases, particularly fraud prevention and take precautions against legal liability. This processing is in our legitimate business interests in protecting the security and integrity of our games and compliance with potential legal obligations.
It is in our legitimate interests to keep our games up to date with new technologies and provide a good user experience. It is also in our legitimate interests to protect ourselves and other gamers from fraudulent activity.

[b}We collect the following data from you –[/b]

Data you provide us.

• Contact information (such as email address)
• Player username and password, Game Center, Google Play
• Your messages to the Service (such as chat logs and player support tickets)
• Other data you choose to give us (such as data to identify a lost account)

Data we collect automatically.

• Data about your account and game progress
• Your IP address and mobile device identifiers (such as your device ID, advertising ID, MAC address, IMEI)
• Data about your device, such as device name and operating system, browser type and language

Data we collect with cookies and similar technologies (see more below)

• General location data
• Data about your use of the Service, such as gameplay data and your interactions with other players inside the Service

Why we collect your data

To make the Service work.

To perform the contract, we process data necessary to

• Create accounts and allow you to play our games and use our Service
• Operate the Service
• Verify and confirm payments
• Provide and deliver products and services you request
• Send you Service-related communications


To make the Service more suitable for our players.

• To provide a great Service to our players, we have a legitimate interest to collect and process necessary data to
• Update and develop player profiles
• Develop and improve the Service and player experience
• Manage our relationship with you
• Provide social features as part of the Service
• Customize your Service experience
• Respond to your comments and questions and provide player support
• Provide you Firefly offers in the Service as well as in other websites and services, and by email
• Send you related information, such as updates, security alerts, and support messages
• Enable you to communicate with other players


To keep the Service safe and fair.

In order to keep the Service and its social features safe and fair, to fight fraud and ensure acceptable use otherwise, we have a legitimate interest to process necessary data to

• Analyze and monitor use of the Service and its social features
• Moderate chats either automatically or manually
• Take action against fraudulent or misbehaving players


To analyze, profile, and segment.

In all of the above cases and purposes, we may analyze, profile and segment all collected data.

We do not collect special category data, that is information about heath, race, religion, political beliefs or sexual orientation.

We recognize that there could be such information in in-game messages but we do not encourage this.

We will share personal data with other companies in our group, which are Firefly Studios Inc., and Firefly Studios Ltd.

Firefly Studios Inc. is incorporated in the US. We have contracts in place with that company incorporating the EU Model Clauses recommended to safeguard the personal data of EU citizens when transferred outside the EEA.

We also transfer data to companies that provide services to us including MailChimp and Amazon Web Services. These companies both subscribe to the Data Privacy Framework (DPF) in the US which is a set of data protection principles similar to that in the EU’s General Data Protection Regulation (GDPR).
We currently hold gamer records for the duration the account is active. We delete any personally identifiable data, such as IP addresses, email addresses, etc if an account has not been used for a period of three (3) years.

4. Anonymous data collected through our websites

In addition to the information we collect as described above, we use technology to collect anonymous information about the use of our websites. For example, we use technology to track which pages of our websites our visitors view. We also use technology to determine which web browsers our visitors use. This technology does not identify you personally; it simply enables us to compile statistics about our visitors and their use of our websites.
We use this anonymous data to improve the content and functionality of our websites and our e-mail updates, to better understand our customers and visitors, and to improve the services we offer.

5. Cookies

A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive. Firefly uses Cookies to collect information about a user’s visits and to enhance the user’s experience when visiting the Websites and games operated by Firefly. A cookie can be used to store information like your password, or the fact that you have already registered. This allows us to speed up your future activities, saving the time you would normally spend entering information such as your password or registration information.
Cookies can be refused by you by activating the appropriate settings on your web browser. By doing this, please be aware that you may be unable to access certain parts of our websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our websites.

6. IP Address

An IP address is a numeric code that identifies your computer on a network, or in this case, the Internet. We may track your IP address for, security, site tracking, administration of our websites or services, to prevent abuse of our game servers, or to gather broad demographic information such as determining how many of our visitors are from outside of the UK.
We may also perform IP lookups to determine which domain you are coming from (i.e: aol.com, yourcompany.com) to more accurately gauge our users’ demographics.

7. Disclosure of your Personal Data

We do not share with, nor sell nor distribute your Personal Data to unrelated third parties, except under these limited circumstances:

• We may share various details about you within our business, to advisers and other agents in order to provide you with the specific service you require.
• Personal Data may occasionally be transferred to third parties who act for us for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have consented or otherwise in accordance with this Privacy Policy. This may include, but is not limited to fulfilling purchase orders or prizes, processing mailings, or storing data.
• We will not share or disclose your Personal Data to any unrelated third parties for their own marketing purposes unless you have given us your consent to do so.
• We may share or transfer the information in our databases to comply with a legal or regulatory requirement, for the administration of justice, interacting with anti-fraud databases, to protect the security or integrity of our databases or our websites or services, to take precautions against legal liability, protect and defend the rights or property of Firefly or its licensees or licensors, protect the personal safety or interests of our employees, users of our products or services, enforce the terms and conditions for the supply of our products and services (including the Terms of Use https://fireflyworlds.com/terms-of-use-en/) or any applicable license agreements or in the event of our sale, merger, reorganization, transfer of business, dissolution or similar event.
• We may disclose your account information to a third-party that alleges that you have infringed their intellectual property rights, subject to reasonable verification of such claims.
• If we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets.
• Firefly may provide online in-game chat rooms, in-game mail systems and forums to users. Any information that is disclosed in these chat rooms and forums is public information and users should exercise caution when deciding to disclose personal information in such chat rooms, in-game mail and forums. If you voluntarily disclose information in a public area of the Firefly websites and/or services, such as a forums post or text chat room, that information may be collected and used by a third-party to send you unsolicited messages, advertisements or for other purposes. We do not control the actions of these third parties in such public areas. If you disclose information in such a public area, you do so at your own risk.
• Where appropriate, before disclosing Personal Data to a third party, we contractually require the third party to take adequate precautions to protect that data and to comply with applicable law.

8. Children

Firefly does not direct its websites, games, game engines, or applications to children (usually considered to be under the age of 13, depending on the country where you reside). We also do not intentionally collect personal information from children through our websites, games, game engines, or applications. If you are the parent or guardian of a child and you believe that we have inadvertently received personal information about that child, please contact us as described in the Contact US section of this policy and we will delete the information from our records.

9. Data Integrity and Security

We strive to maintain the reliability, accuracy, completeness and currency of Personal Data in our databases and to protect the privacy and security of our databases. The security measures in place on our websites and computer systems, aim to protect the loss, misuse or alteration of the information you provide to us. We keep your Personal Data only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or regulatory requirements, or our data retention policy. Although we will use reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure. Accordingly, we assume no responsibility or liability for disclosure of any of your information due to errors in transmission, unauthorized third-party access or other causes beyond our reasonable control.

10. Links to other websites

Our websites and services may contain hyperlinks to websites that are not operated by us. Any such hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. We do not control these websites and are not responsible for their data or privacy practices. We urge you to review any privacy policy posted on any site you visit before using the site or providing any Personal Data about yourself.

Our websites contain hyperlinks to other pages on our websites. We may use technology to track how often these links are used and which pages on our websites our visitors choose to view. Again this technology does not identify you personally – it simply enables us to compile statistics about the use of these hyperlinks.

11. Transfer of Data Abroad

We may transfer and store your Personal Data between members of the Firefly group of companies, and our offices and third party processors which may be located outside the EEA. Where your Personal Data is transferred and stored outside the EEA we will ensure that the recipient agrees to keep your information confidential and hold it securely in accordance with the requirements of the GDPR.

By providing us with your Personal Data, you consent to the processing, transfer and storage of your Personal Data as set out in this section.

12. Unsubscribe

We hope you will be delighted with our services. If you no longer wish to receive information from us and want to be removed from our mailing list please, click the Unsubscribe link which may be found at the end of any marketing or promotional communications we send to you. The Unsubscribe link will give you the opportunity to withdraw your consent to receiving such communications in the future. Remember that by stopping the information that you receive from us about our products and services may not benefit you. For example, you may not hear about promotions we are running or additions to our service.

13. Governing Law

This Privacy Policy forms part of our websites terms and conditions for the supply of our products and services (including the Terms of Use https://fireflyworlds.com/terms-of-use-en/) and as such shall be governed by and construed in accordance with the laws of England. You agree to submit any dispute arising out of your use of our websites or service to the exclusive jurisdiction of the courts of England.

14. Feedback

We welcome comments about this Privacy Policy. If you have any questions about this Privacy Policy, or any part of our service, you may contact us by emailing dataprotection@fireflyworlds.com

Visiting Firefly Internet websites and using our on-line services indicates your acceptance of our Privacy Policy. If you do not accept this Privacy Policy, please do not visit our Internet websites or use our on-line services.

15. Banned Gamers

If you have been banned from the game, we have taken action to ban you from our game to prevent fraud and stop anti-social behavior in accordance with our terms and conditions.

This is in the legitimate interests of Firefly and to comply with a legal obligation around fraud prevention which is in our legitimate interests to protect ourselves and other gamers from fraudulent and anti-social activity.

If you have been banned from the Game then the following shall also apply.

We will retain an encrypted version of your email address for the sole purpose of preventing you from creating a new gaming account. We will retain no access to the email address and it can therefore not be used for any other purpose.

If your behavior has resulted in a permanent ban from our game, then this information will be held indefinitely as we need to retain the information to enforce the ban.

16. Your data protection rights

You have the right to ask for a copy of the personal data we hold that relates to you. If you think that information about you which we hold is incorrect or misleading you have the right to have the information corrected provided you can demonstrate that it is incorrect. You can also request the erasure of personal data relating to you in certain circumstances, where we do not require it to meet a legal obligation. You have the right to object to processing on the grounds that it causes you damage or distress and the right to take away a copy of your personal data in electronic format in certain circumstances.

We do not rely on consent as a basis for processing. We provide this privacy notice which explains our use of personal data and the grounds we rely on.

If you are unhappy about the way we use your personal data or the way in which we respond to your request to exercise your data protection rights, you can contact Data Protection Coordination at Firefly Holdings Limited at the address below but you also have the right to lodge a complaint with a supervisory authority, the Information Commissioner at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

All the personal data we hold is supplied ultimately by our gamers. Some of it may come to us indirectly from Google play, Apple i-Tunes, Steam, Azure PlayFab, Microsoft store and other providers of leads. We obtain very limited personal data from third parties. Most of the personal data we hold is provided directly by you when you create an online account.

There is automated decision making in the gaming system. Your ability to purchase game in-game currency is limited depending on the time you have spent in the game, this is for fraud prevention purposes. We also have automatic lock out on accounts from shared IP addresses in line with our game rules to prevent players using multiple accounts.

CONTACT US

If you have questions about data protection, or if you have any requests for resolving issues with your personal data, we encourage you to primarily contact us at the email address below.

Name of the controller: Firefly Studios

Address: Thomas House, 84 Eccleston Square, London SW1V 1PX, United Kingdom

dataprotection@fireflyworlds.com

© 2024 FIREFLY HOLDINGS LIMITED. All rights reserved.