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LAST MODIFIED: January 18th, 2023

By accepting this agreement and using the Fraymakers game or related services, you agree to be bound by everything in this agreement.

Please take your time reading carefully before enjoying the Fraymakers game or any related services.

NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER IN SECTION 17 THAT AFFECTS YOUR RIGHTS REGARDING DISPUTES WITH US, IF YOU LIVE IN THE UNITED STATES.


This binding Terms of Service agreement (these “Terms”) is between you and Team Fray LLC (“Team Fray” or “Us”) and applies to your use of the “Fraymakers” video game software applications, website, and related services and applications that we may occasionally add (together, the “Service”) as well as our rights and obligations to you.

If you use our Service in any way, you agree to comply with these Terms and our Privacy Policy, whether you create an account or not.

Some essential rules for using the Service:

  • Only adults are allowed to create an account on the Service. In fact, no one under 13 years old may use the Service. If you are not an adult, your parent or guardian needs to make an account and consent to your use of that account.
  • We periodically update these Terms. You can review the Terms at any time - the latest version will always be posted on the Service. If you don’t agree with all of the Terms as updated, please stop using the Service.
  • We want to ensure our Fraymakers community remains safe and is a safe and fun place for everyone. So take note that we can and will terminate your account and use of the Service if you violate this Agreement.
  • Since we allow you to interact with other users on the Service, we’ve put together a Conduct Policy that you need to follow at all times. You can read more in Section 6 below.

If after reading the Terms you have any questions, please send us an email at support@fraymakers.com.

1. REGISTERING A FRAYMAKERS ACCOUNT

Registering an Account. You may need to register a user account, either directly through us or by connecting a third-party account (like your Steam account) (in either case, your “Account”), to use this Service. You must comply with these Terms when you use the Service, including by providing complete and accurate registration information.

Only adults (someone who is at least 18 years old or at least the age of majority in your jurisdiction) can register accounts and only if they have the legal capacity to enter into a contract where they live. If you are not an adult (you’re under the age of majority), you must have your parent or legal guardian register the Account, and consent to your use. In any case, children under the age of 13 are not allowed to register an Accounts or even use the Service.

You are solely responsible for activity on your Account. Keep your password safe and secure! If other people have access to your device, we recommend you log out of your Account after using the Services. If there’s a breach of your Account, please let us know immediately.

Messages from Team Fray. By registering with Team Fray, you acknowledge, understand, and accept that we may send you communications (emails, texts, or otherwise) related to your Account and the Service. You are responsible for reading and acknowledging the important information contained within our messages.

Your Username. You’re not allowed to choose or use usernames on the Service that are offensive, vulgar, or obscene (this includes masked offensiveness or misspellings). You’re also not allowed to use a brand name or trademark as your username, unless it’s yours (this includes any words or phrases protected by intellectual property laws). The same goes for real people’s names (if it’s not yours, don’t use it). To make sure all users comply with these rules, we reserve the right to modify or require you change your username if we find it unacceptable by community standards or for any other reason.

Responsibility for Costs. You are solely responsible for all costs connected to your use of the device on which you use the Application, including any costs associated with your Internet or mobile connection.

Account Suspension and Termination. We reserve the right to suspend or terminate your Account at any time, for any reason, if we think you’re not complying with these Terms.

2. YOUR LICENSE AND SERVICE USAGE

Team Fray licenses this service to you, for your use, on your devices. We only license your Account to you for personal use – it’s not transferable to anyone else. This means all other uses, such as sharing, trading, or even giving away your Account, are not allowed, and any use of the Service for commercial purposes or any purpose not specifically allowed in these Terms is prohibited.

Under these Terms, any products or services you purchase (including any skins, characters, virtual currencies, or other virtual items) on or through the Service are licensed, not sold.

3. FEES

Service Fees. Certain portions of the Service may require payment (we’ll refer to those required payments as the “Fees”). Before you’re charged anything, whether it’s for a one-time payment or an ongoing subscription, Team Fray will make sure you know what to expect. You agree to pay any required Fees before we provide access to that part of the Service (such as a featured item, skin, or other feature). By using the Service, you agree that we can change those Fees at any time. If and when any Fees are changed, you will be informed in advance through a notice on the Service before incurring those updated Fees.

Fee Processing. Payments on the Service are enabled by a third-party processor. By using the Service, you agree to authorize that third-party payment processor to process any purchases and deduct the associated Fees from your credit card or bank account whenever you make a purchase.

By using the Service and making purchases, you agree to update your payment information associated with your Account, as necessary. You agree Team Fray is not responsible for any fees charged by your bank, credit card company, or our third-party payment processor (such as overdraft fees). If your payment for a certain service is declined after the certain Service has been provided, you agree to cover any expenses we incur (including in any collection activities regarding collecting those Fees) as well as the prior agreed-upon Fees.

Finally, if your payment does not go through, Team Fray reserves the right to suspend your use of any paid portion of the Service until payment is received.

Refunds. All sales made on the Service are final. Certain restrictions apply to sales of products and services sold or made available through the Service that might not otherwise apply to physical goods.
Unless otherwise required by law or the third-party platform that you operate the Service through, Team Fray does not offer refunds unless there is a defect in the Service itself that prevents the product from launching, and refunds will be issued solely at Team Fray’s discretion.

Your dissatisfaction with the product or service you purchased, or your computer’s inability to run any portion of the Service, will not warrant refunds. If you believe you qualify for a refund, please email us at support@fraymakers.com.

Disputes. If you make a payment on the Service that results in a transaction-related dispute between you and any third party (whether it’s a bank, a credit card company, or a payment processor like PayPal), you agree that those disputes are solely between you and that third party. You agree to indemnify Team Fray, its licensors, affiliates, employees, officers, and directors from and against all liabilities, losses, and expenses, including reasonable attorneys’ fees, arising from any such claim.

4. SERVICE DELIVERY & DEVELOPMENT

Delivery. Occasionally, technical problems may delay, interrupt, or prevent the download or activation of products and services purchased through the Service. Your sole and exclusive remedy regarding any product or service that you are unable to activate or download within a reasonable time will be limited to a replacement of such product or service, store credit, or a refund in the amount paid, in our sole discretion.

Team Fray has no liability for issues related to downloading, activating, or using products or services due to factors beyond Team Fray’s control, including your device’s performance or your Internet speed.

The Service may not be compatible with all devices, operating systems, connection services, or service plans. Not all Service features are available to all customers. Availability may depend on your location, device type, operating system, service plan, and other factors or restrictions.

Your Obligations. It is always your responsibility to make sure products or services are correctly and completely installed on your computer. Once products or services are purchased and received, it is your responsibility to keep them from being damaged, deleted, or destroyed. Team Fray is not liable under any circumstance in the event of any loss, damage, deletion, or destruction.

5. CUSTOMER & TECHNICAL SUPPORT

We strive to keep the Service up and running without issues. However, all technology-powered services suffer occasional disruptions and outages, or bugs and other errors. In the event of an outage or bug you may not be able to access the Service or it may not perform as expected. You acknowledge and agree that we aren’t required to provide maintenance, customer, or technical support for the Service, and that we are not responsible for any problems resulting from our inability to provide you support.

However, we may be able to provide help to you, including with billing and order inquiries, when you contact us at support@fraymakers.com.

6. YOUR CONTENT & YOUR CONDUCT

Your User Content. Any information, material, and content which you or others post, contribute, share, or otherwise submit through the Service constitutes “User Content.” Your profile photos and avatars, posts, comments, messages, characters, animations, music, sounds, and all other user-generated content that you post or share on the Service is considered User Content.

By posting User Content, you promise that you own or have the rights to post that User Content. Although we do not own your User Content, you hereby grant us worldwide, perpetual permission to use, copy, modify, adapt, translate, distribute, and display that User Content for any commercial and non-commercial uses, in any form of media, even forms of media not yet invented.

This means Team Fray can use any User Content you choose to post to promote the Service in any way (such as on our websites, trailers, gameplay streams, etc.), and for any other purpose in connection with the Service, like sharing or letting others use that User Content. Likewise, you agree that you also give permission for other third parties (including, but not limited to, any other Service users) to use your User Content in any way that the Service allows (such as playing a game, streaming gameplay, or uploading footage of the Service online).

Feedback. If you provide us with any Service-related request, suggestion, or feedback (including identifying Service errors and potential improvements), you hereby assign to Team Fray all right, title, and interest in and to such request, suggestion, or feedback. Team Fray will have the right to use, implement, and modify it without any payment or restriction.

Conduct Policy. While using this Service, you are solely responsible for any User Content you post. So be kind and respectful to others, and follow the rules.
To help keep the Service friendly and safe for all users, you agree that your User Content and your behavior on the Service will NOT:

  • Be obscene, lewd, or offensive.
  • Contain “adult” content. This includes any content that depicts, solicits, promotes, normalizes, or glorifies sexual acts or extreme violence.
  • Threaten, bully, defame, abuse, or harass others.
  • Constitute hate speech, slurs, or attacks on anyone (even if they are not a user) based on their race, gender, age, religion, nationality, disability, sexual preferences, or gender identity.
  • Engage in or encourage conduct that makes the Service unsafe or uncomfortable for other users (this includes soliciting others for any lewd or inappropriate purpose).
  • Give rise to any civil or criminal legal liability, under any applicable laws.
  • Constitute spam (such as sending the same message, multiple times, in “chain letters” or “junk mail”).
  • Advertise any commercial products or activities without Team Fray’s explicit written permission.
  • Hack or modify the Service, including the use of automated software or bots, or any other unauthorized software that is designed to modify the Service, imposes an unreasonably large load on the Service’s servers, or otherwise interferes with the Service’s operation.
  • Infringe any third-party rights, including copyright, trademark, and other intellectual property rights, as well as any publicity and privacy rights.
  • Claim an affiliation with Team Fray (such as saying you are a mod or admin when you are not).
  • “Spoof,” as in using any means to disguise your online identity.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software connected with the Service, or do any of the foregoing.
  • Ask other users for their login information or any private or personal info which might identify a user.
  • Use or have any programs that are designed to “crack” the Service, or upload viruses, Trojan horses, worms, and other types of software meant to damage or interrupt the Service’s proper operation.
  • Use, develop, or support any kind of software, devices, scripts, robots, or other processes to scrape the Service or otherwise copy content, games, user profiles, or other data from the Service.
  • Do anything else that we determine (in our sole discretion) to be offensive, harmful, or inappropriate to either the Service, our users, or our business.

You agree that we can, without your permission or knowledge, remove or disable any User Content that we think is inappropriate on the Service, or remove or disable your Account if you act inappropriately or violate this Agreement. Additionally, you acknowledge and agree that we have no obligation to make any of your User Content public.

Share Responsibly. Also, remember that your User Content may be publicly viewable, depending on your Account settings and the part of the Service you’re posting content on. We can’t guarantee the privacy of any User Content, so be mindful of what you share. If you have any questions about this, don’t hesitate to contact us.

Use of FrayTools. As part of the Service, we may make certain software available to assist with creating Content, known as FrayTools. By using FrayTools, you hereby agree to the FrayTools License Agreement, located here: https://fraytools.com/eula

7. OTHER CONTENT; REPORTING

Any content on the Service, including your own User Content, other user’s User Content, Team Fray-provided content, or other content used under license from third parties (together, the “Service Content”), is provided “as-is” and “as available” without any representation or warranty of any kind - meaning that Team Fray makes no promises or warranties with regard to the Service Content. You are using the Service for your use only and at your own risk.

Exposure to Other Users’ Content. You acknowledge and agree that other users may post User Content that may be inappropriate or offensive to some users and you acknowledge that Team Fray is not responsible for that User Content or its removal.

If you encounter any behavior or content that violates these guidelines, let us know. You can use any of our built-in reporting features, or you can contact us at support@fraymakers.com. However, we do not necessarily monitor any User Content or other materials posted, transmitted, or communicated to or within the Service.

Use of Service Content. Additionally, you agree that you’re not allowed to copy, download, distribute, or exploit any Service Content for any other purposes without our consent or the consent of whoever owns the rights to that Service Content.

You agree not to remove or change any of the copyright or trademark notices contained within or on the Service. You agree we or third parties who license those rights to us are the owner of any copyrights and trademarks within and on the Service.

8. THIRD PARTY SERVICES

The Service may contain links to other websites, applications, and content (“Third-Party Services”). We are not responsible for any Third-Party Services and we do not review, maintain, or monitor any Third-Party Services. This means that we cannot and do not make any promise about their services or content. Your access and use of Third-Party Services is completely at your own risk. Those Third-Party Services may have their own terms and conditions which you must comply with if applicable. Any business or other relationship between you and Third-Party Services found through the links are solely between you and that other party.

9. AGREEMENT TERMINATION & UPDATES

Termination. Whether you have an Account or not, these terms take effect when you first access or use the Service in any way, and continue for the entirety of your use. You acknowledge and agree that we may terminate these Terms with you at any time. If we do terminate these Terms or your Account, you need to stop using the Service immediately. Be aware that we are not responsible for any refunds.

Updates. We may periodically update these Terms. If we do, we will notify you either by posting the latest updated version on the Service or through the contact info associated with your Account. If you continue to use the Service, you agree to the latest version of these Terms. If you don’t agree with all the Terms, please don’t use the Service.

If you want to delete or terminate your Account, you can reach out to us at support@fraymakers.com.

10. COPYRIGHT COMPLAINTS

DMCA Infringement Notices. Team Fray respects copyright law and expects our users to do the same. If you believe that any material within the Service infringes any copyright which you own or control, you may submit a notice under the Digital Millenium Copyright Act (DMCA) in writing to our Copyright Agent listed below.

Please include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • The copyrighted work claimed to have been infringed, or a list of those works on the Service if multiple copyrighted works are claimed;
  • The infringing (or claimed to be infringing) material that is to be removed or disabled, with reasonably sufficient details to permit us to locate the material;
  • Reasonably sufficient contact information that will permit us to contact you, such as your email address, physical address, or phone number;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, under penalty of perjury.

You may reach our Copyright agent at the address below or by email at: support@fraymakers.com.

Copyright Agent
Team Fray LLC
25 S Main St. Ste 6546
Yardley, PA 19067-1527

Repeat Infringement Policy. If you repeatedly infringe the rights of copyright holders by posting User Content or anything else that constitutes infringement, we may disable your Account or remove all of your User Content as part of our Repeat Infringement Policy.

Under this Policy, we may limit or remove your ability to post User Content or remove access to Service features (or to the Service itself), or disable or terminate your Account. The specific actions we take will depend on the circumstances of the infringement, including the severity and the frequency of infringement.

If you think that your Account has been suspended or limited incorrectly or unfairly under this Repeat Infringement Policy, please contact us at support@fraymakers.com.
11. PRIVACY POLICY

To provide the Service, we need to collect and process certain personal information about you. We only use your information where we have a legal basis to do so. Please refer to our privacy policy located at https://fraymakers.com/privacy to help you understand what information we collect, how we use it, and what choices you have about your personal information when you use the Service.

12. WARRANTIES

THE SERVICE AND ALL SERVICE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND.

Without limits, we expressly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, or continuous operation.

You assume all risks associated with using the Service and all interactions and communications with other users. We make no warranties and we do not assume responsibility for the accuracy or completeness of any content, games, information, text, graphics, links, or other items contained within the Service. We do not warrant any harm that the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program may cause.

Likewise, we expressly disclaim any warranty or representation to anyone who uses or operates the Service.

We do not guarantee the integrity of the Service. We do not guarantee that the service will be free from attacks by third parties. Third party attacks may cause incomplete or inaccurate results from operation, or damage to hardware devices on which the Service is loaded and operated.

To the maximum extent permitted by applicable law, no Third-Party Platform (meaning any platforms that you may have used to download or access the Service) is a party to this Agreement or your purchase or license of the Service. No Third-Party Platform makes any warranties or assume any warranty or other obligations with respect to the Service or any claims, losses, liabilities, damages, costs, or expenses attributable to the Service (including any warranties arising from claims of infringement of intellectual property or personal rights, products liability, or failure of the Service to perform, execute, or conform to any standard).

Some states or jurisdictions do not allow implied warranties to be disclaimed, therefore the previous disclaimer will only apply to the extent allowed by applicable law.

13. LIABILITY LIMITATION

You expressly understand and agree that to the extent permitted under applicable law, neither Team Fray nor any other party involved is liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses arising out of or in connection with these terms, the use, or the inability to use the Service or any other matter relating to the Service (even if Team Fray or the Third-Party Platform has been advised of the possibility of such damages).

You acknowledge and agree that we have no liability regarding any third-party content, including without limitation any Service Content, advertisements, videos, images, and other content displayed as part of the Service.
Additionally, you agree and acknowledge that we are not a backup service and we have no liability to backup or archive any User Content or other Service Content. We are not liable for any content loss whatsoever and you agree not to rely on us to backup or archive your User Content.

You expressly and irrevocably waive, and agree never to assert any claims against any Third-Party Platform that you may have under any theory of law or equity anywhere in the world, in connection with rights licensed under these Terms, your possession or use of the Service, or any Service Content. Any claims arising out of the Service are subject to the limitations set forth in this Agreement and may be brought only against Team Fray as described in Sections 16 and 17 below.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the preceding limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

14. INDEMNIFICATION

You agree to indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, and any of their respective employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by you, including our use or display of any of your User Content. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection with that breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Service.

15. DISCLOSURES REQUIRED BY LAW

At our discretion, Team Fray reserves the right to disclose information, including your personal info (without limitations), as necessary to comply with applicable law, legal processes, or government requests. We reserve the right to fully cooperate with any authorities or court orders requesting or directing us to disclose information of Users we believe have violated this Agreement.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ANY INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

Country Designation. You represent that you do not live in a US export-embargoed country or a country designated as a State Sponsor of Terrorism by the United States government and that you are not on the list of people barred or excluded from the United States.

16. GOVERNING LAW & DISPUTE RESOLUTION

Pennsylvania state law governs these terms, except to the extent that the applicable laws of your jurisdiction otherwise require. Subject to Section 17 below, you agree to submit to the exclusive jurisdiction of the courts located in or near Philadelphia, Pennsylvania to resolve any and all disputes arising from or related to these Terms.

For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of these Terms, you agree to seek an amicable solution with us before any legal action. You can send any complaint about the Service or Team Fray by sending us a message via email to support@fraymakers.com. In case we can’t find a solution, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. If out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

17. BINDING ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

You agree that any disputes between you and Team Fray will be resolved by binding individual arbitration, and you are waiving your right to participate as a plaintiff or class member in any class action, except that, if your claims qualify, you may assert claims in small claims court. Claims cannot be joined with any other arbitration, in a class, consolidated, or representative action, or as a private attorney general. The Federal Arbitration Act and federal arbitration law govern these Terms and this binding arbitration agreement.

Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. Court review of the arbitration award is limited.

To begin an arbitration, you must send a letter to our address here describing your claim and requesting arbitration. After your letter is received, we will begin the proceedings through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at https://www.jamsadr.com/ or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the claim, and any other filing and other fees will be divided as directed by the JAMS rules. If the arbitrator determines that the claims are frivolous, the party defending the claims may seek attorneys’ fees and costs. Arbitration will take place in Philadelphia, Pennsylvania, USA, but you can choose to participate by telephone or Internet connection or through written submissions.

Additionally, we both agree to waive our right to sue in court or have a trial by jury.

Notwithstanding the terms of this Section, either of us may bring a lawsuit in court (including to seek an injunction or other equitable relief) for any misuse or infringement of intellectual property rights.

18. ADDITIONAL TERMS

Entire Agreement. These Terms are the entire agreement between you and Team Fray regarding the Service. These terms supersede any and all other agreements, whether oral or in writing. You may also be subject to other agreements with regard to the Service, like any posted policies and community guidelines, contest or sweepstakes rules, third-party software policies, and other Service-related agreements, as well as our Privacy Policy.

No Waiver. You acknowledge and agree that if we fail to enforce any of these Terms have NOT waived our right to do so in the future. Any waiver of our rights under these Terms must be in writing and signed by us.

No Partnership. Nothing in these Terms makes us partners, employees, or agents of each other. Neither of us may hold ourselves out as such. Neither of us has any authority to incur any obligation on behalf of the other, except as specified in these Terms. We are both responsible solely for our own actions.

No Assignment. Except as otherwise permitted by Team Fray in writing, you may not assign, lend, delegate, or otherwise dispose of this Agreement or your rights hereunder without our prior written consent.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible or replaced with substitute terms, having the nearest intent of the original terms, which are valid and enforceable and the other provisions of these Terms will remain in full force and effect.