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Terms of Service
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FIAA Interactive, Inc. ("FIAA") would like to thank you for visiting our website. This document contains the terms of use for your visit and stay at www.fiaagames.com (or any subsequent URL which may replace it) and all officially associated websites and micro-sites operated by FIAA (collectively, the "Website").


1. Legal Agreement

By using this Website or accessing any of our games, you agree to accept and be bound by the terms and conditions appearing in this document, and agree to comply with any Rules of Conduct, the Privacy Policy and any end-user license agreement applicable to our games, as they may be amended from time to time. In this Agreement, the terms "We/us/our" mean FIAA Interactive, Inc. "You/your" means you as a user of the Website or any of our games.

You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving services offered by the Website under the laws of the United States or other applicable jurisdiction. You understand that the services being offered may include certain communications from FIAA, such as service announcement, administrative messages or other information, and that these communications constitute the services being offered by the Website and you may not have the right to opt out of receiving them.

FIAA may amend this Agreement, any Rules of Conduct, the Privacy Policy and any end-user license agreement at any time in its sole discretion. Amendments and modifications will be effective immediately after publishing them on the Website. You agree to and are responsible for checking this Agreement, the Rules of Conduct, the Privacy Policy, and any end-user license agreement periodically so you will be familiar with their contents as they may be amended or modified from time to time. By continuing to use the Website and its services, you are signifying your acceptance of any revised or updated terms.

FIAA is the owner of the Website. Your use of the Website is subject at all times to this Agreement, any Rules of Conduct, the Privacy Policy and any end-user license agreement applicable to our games. All user identities created on the Website are governed by these terms. This includes, but is not limited to, proper in-game and out-of-game conduct. This Agreement is in addition to, and does not in any way replace or supplant, any end-user license agreement that may accompanied the FIAA software (the "EULA") and to which the FIAA software is subject. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FIAA services, affiliate services, third-party content or third-party software.

All rights and titles in and to the Website and in any of our published games (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animation, sounds, musical, compositions, audio-visual effects, methods of operation, moral rights, any related documentation, "applets" incorporated into the game(s), transcripts of the chat rooms, character profile information, recordings of game play, and the game(s) client and server software) are owned by FIAA or have been licensed to FIAA.


2. Description of Service

FIAA Interactive, Inc. provides free-to-play, high quality games to our members. Additional contents are also available on our Website. To access our games, you may be required to download and install certain client software. This entails the use of hardware, software and Internet access. By using the Website, you acknowledge that hardware, software and Internet access play a crucial role in your user experience. You agree that FIAA is not responsible for any hardware, software or Internet access or unavailability issues and you agree to hold us harmless for any such issues. FIAA does not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.


3. Account

You may be required to create an account (an "Account") to access our Website and our games. Accounts are available only to individuals 13 years of age or older. If you are over 13 years of age but are still considered a minor, we ask that you review these terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Agreement, you represent that you are 13 years of age or older. Only one person may use an Account. You are liable for all activities conducted through your Account.

Notwithstanding the above, certain portions of our Website and some of our games may contain mature contents not suitable for anyone younger than 18 years of age. We will require that you confirm that you are 18 years of age or older to access such content. If you enter any portion of the Website which is intended for or is marked for mature audiences only, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to access such content. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.

When creating a FIAA ID (user identity, "User ID") you agree to (i) provide true, accurate, current and complete information as requested in the required fields and (ii) promptly maintain and update such User ID to keep it true, accurate, current and complete. The information you provided shall be subject to our Privacy Policy.

You, as creator of your User ID, are completely responsible for your identity. FIAA will not tolerate offensive or obscene user identities. If a User ID violates any part of these terms, we may immediately, temporarily, or permanently ban such a User ID.

FIAA is not responsible for any misuse of your User ID, you agree to hold FIAA and its affiliates harmless for any improper use of such identity including, but not limited to, improper use by someone to whom you revealed your password.

Your User ID may be deactivated if you do not use it within six months after the date that it was created or for any continuous period of six months after creation. If you do not use your User ID for six or more months, it may be removed and deleted by the Website administrator at their sole discretion. We will use reasonable efforts to notify you by e-mail before we delete your User ID. If you advise us within five days of the notice that you want to keep your User ID active, we will not delete it. If you do not so notify us, your User ID will be permanently deleted, along with your User ID records, ranks and service information.


4. Privacy

Our Privacy Policy, which covers the usage and protection of your personal information, is published on the Website.


5. License to Use

Subject to the terms of this Agreement and any applicable EULA, FIAA grants to you, for your personal use only, a non-exclusive, revocable, nontransferable license to use the services offered by our Website, including access to our games (the "Services"), and a non-exclusive, revocable, nontransferable license to use any client software (the "Software") in connection with the Services, without charge.

You may not (a) sublicense, rent, lease, loan, sell or otherwise transfer the Software or the Services (or any part thereof) (b) modify, adapt, reverse engineer or decompile the Software, or otherwise attempt to derive source code from the Software; (c) create any derivative works in respect of the Software or the Service; or (d) otherwise use the Software or the Service except as expressly provided in this Agreement. Title to the Software, and all rights with respect to the Software and Service not specifically granted under this Agreement, including without limitation all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyright, patent, trademark, trade secret and other proprietary rights and interests are reserved to FIAA or its licensor(s).

NEITHER FIAA NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMFIAAS OR DAMFIAA TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING, WITHOUT LIMITATION, ANY DAMFIAA TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU.

As more particularly described in each applicable EULA, FIAA and/or its licensors retain exclusive right, title and interest (including all intellectual property rights) in and to the Software, copies thereof, and all error corrections, bug-fixes, patches, updates, derivative works, improvements, modifications thereto (whether made by FIAA, its licensors, you, or otherwise), including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Software. The rights described in the foregoing sentence are the copyrighted work of FIAA and/or its licensors and are protected by the copyright laws of the United States, Korea, Japan, international copyright treaties and conventions, and/or other applicable laws. All rights are reserved. The Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of the EULA.


6. User Submissions

"Submissions" means all data, text, music, sound, photographs, comments, feedback, suggestions, postings at forums, chat rooms and similar venues on the Website, e-mails and similar information or materials that you submit to FIAA regarding the games and services of FIAA or the use or play of those games and services. User IDs and Submissions are not confidential and will become the property of FIAA upon submission. You agree to assign and grant to FIAA an irrevocable, transferable, royalty-free, and perpetual right and license to all worldwide, transferable license and the right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display the User IDs and Submissions in any form, anywhere, with or without attribution to your User ID, and without notice or compensation to you.

You acknowledge that you are solely responsible for the Submissions that you provide and for managing your User ID. You, and not FIAA, have full responsibility for your Submissions and User ID, including their legality, reliability, appropriateness, originality and copyright. You understand that by using the Website you may be exposed to Submissions that is offensive, indecent or objectionable. FIAA shall not be liable in any way for any Submission, including, but not limited to, any errors or omissions in any Submission, or any loss or damage of any kind incurred as a result of the use of any Submission posted, e-mailed, transmitted or otherwise made available via the Website.

All materials published in forums, chat rooms and similar venues on the Website are considered public. Therefore, FIAA strongly recommends that you not publish any personal information about yourself or others on or through the Website. As a matter of policy, FIAA does not pre-screen or monitor any Submissions. However, FIAA reserves the right to screen, refuse or move any Submission that is available via the Website. FIAA has the right in its discretion to remove any Submission deemed objectionable or violates the terms hereof.

Except as expressly stated and agreed upon in advance by FIAA, no confidential relationship will be established in the event any user of this Website should make any oral, written or electronic communication to FIAA (such as feedback, questions, comments, suggestions, ideas, etc.). If any FIAA Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), FIAA shall obtain, use and maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and FIAA will be free to reproduce, publish or otherwise use such information for any purposes including, without limitation, the research, development, use or sale of games or services incorporating such information. You are fully responsible for the content of your communications, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.


7. User Conduct

You must observe these terms, all applicable laws and also basic rules of etiquette and common courtesy when using the Website. Any conduct that violates the law in an offline, real world community is also a violation of these terms. FIAA will not tolerate any illegal or offensive conduct.

You agree not to take any of the following actions:

(a) Upload, post, email, transmit or otherwise make available any Submission (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) Harm minors in any way;

(c) Impersonate any person or entity, including, but not limited to, an FIAA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through the Website;

(e) Upload, post, e-mail, transmit or otherwise make available any Submission that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(f) Upload, post, e-mail, transmit or otherwise make available any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(g) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;

(h) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

(j) "Stalk" or otherwise harass another;

(k) Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above;

(l) Impede the flow of chat in game, in forums, or in chat rooms with vulgar language, abusiveness, use of excessive shouting (ALL CAPS) "spamming" or any other disruptive or detrimental methods in an attempt to disturb other users or FIAA employees;

(m) Engage in, encourage, or promote any illegal activity, or any activity that violates the Terms of Service, the Rules of Conduct, or the Privacy Policy; and/or

(n) Take any action that may prohibit other users from enjoying the services of the Website or games.

FIAA may take any actions and impose any penalties we deem necessary to discourage and punish any violation of these terms or any other illegal or inappropriate conduct, all without prior notice or warning. The determination as to whether a violation has occurred and who is responsible for such act is solely within FIAA's discretion, and is based on what we deem best for the community and the Website. By using the Website, you agree you will be bound by FIAA's determination as to whether a violation has occurred and any penalty we choose to implement.


8. Third Party Sites

Clicking a hyperlink may direct you away from the Website. FIAA does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies. FIAA therefore strongly recommends that you inform yourself regarding the practices of third party websites.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FIAA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.


9. Official Service and Beta Testing

The games are designed for play only as offered through our Services at the Website. You agree not to access, create or provide any other means through which the game may be played by others, such as through server emulators. You agree not to use any hardware or software, including but not limited to third party tools, or any other method of support which may in any way influence or give you an advantage in the use of the Services which is not authorized by FIAA, including but not limited to the use of ‘bots’ and/or any other method by which the Service may be played automatically without human input. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any software programs, utilities, applications, emulators or tools derived from or created for the games, except that you may use the Software to the extent expressly permitted by this Agreement and the applicable EULA. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any game accounts, characters, items, coin or copyrighted material, nor may you assist others in doing so.

You may be given the opportunity to Beta test new games and Website features. Your participation as a Beta tester is subject to the terms and conditions below.

Closed Beta tests are confidential. The Beta games, including information about features and functionality to be offered as part of the games, are confidential. If you participate in a closed Beta test, you must safeguard and prevent unauthorized access to, copying, disclosure, and unauthorized use of the Beta games. You will carry out the testing personally and not provide access to Beta games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to FIAA, and FIAA is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the Beta games confidential will continue until FIAA publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing.

As a Beta tester, you are invited to play Beta games for the sole purpose of evaluating the games and identifying errors. Nothing in this Agreement, or on this Website, shall be construed as granting you any rights or privileges of any kind with respect to the Beta games or content that you find here. The Beta games are provided for testing on an "as is", "as available" basis and we make no warranty to you of any kind, express or implied.

When playing some Beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators within the Beta test. This data may be reset at any time during the testing process, and it may be reset when the particular game completes this testing phase. In this case, all player history and data will be erased and each player will return to novice status.

By playing a Beta game, you agree that: (i) playing Beta games is at your own risk and that you know that the games may include known or unknown bugs, (i) any value or status indicators that you achieve through game play may be erased at any time, (iii) FIAA has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the testing process is complete or at any time in the future; (v) these terms apply to your use of the games during the testing phase, and (vi) if it is a closed Beta test, you will keep all information (including but not limited to functions, features, graphics, and screenshots) about the Beta games confidential as stated above and not disclose such information to any other person. Beta test accounts are non-transferable under any circumstances.


10. Fees

Certain areas of the Website may charge fees to access and acquire certain game items or participate in game activities on the Website. ANY APPLICABLE FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. FIAA may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Website. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. If any change is unacceptable to you, you may cancel your account at any time, but FIAA will not refund any fees that may have accrued to your account before such cancellation, and we will not pro-rate fees for any charges.

You may pay for any applicable fees and charges by major credit card, PayPal or other such methods authorized by FIAA.


11. Interruption of Service

(a) FIAA reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You agree that FIAA will not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.

(b) You acknowledge that the Services may be interrupted for reasons beyond the control of FIAA, and FIAA cannot guarantee that you will be able to access the Services or your Account whenever you may wish to do so. FIAA shall not be liable for any interruption of the Services, delay or failure to perform resulting from any causes whatsoever.

(c) FIAA has the right at any time with or without reason to change and/or eliminate any aspect(s) of the Services as it sees fit in its sole discretion.

(d) FIAA is not be obligated to refund all or any portion of any Account fee (if any), by reason of any interruption of the Services by reason of any of the circumstances described in paragraph (a), (b), or (c).


12. Disciplinary Action/Account Termination

FIAA MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME WITH OR WITHOUT REASON, WITH OR WITHOUT NOTICE.

FIAA can and does issue warnings and temporary suspensions and permanent terminations of user identities for user violations. We retain the sole discretion as to when and how to impose warnings, penalties and/or disciplinary actions. We consider the severity of the violation and the number of infractions in making our determination; however, any determination shall be under the absolute discretion of FIAA.

For the avoidance of doubt, you herby acknowledge that FIAA has sole discretion with respect to penalties and disciplinary actions to terminate your Account, even if there are credits remaining on your Account. If you feel you or your User ID has been unfairly warned or disciplined please contact us with a full detailed explanation. We will reasonably consider your explanation.

You have the right to terminate or cancel your Account at any time by delivering notice to FIAA. You understand and agree that the cancellation of your User Id is your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this Agreement or FIAA’s enforcement or application of this Agreement; (ii) the Submissions; (iii) your ability to access and/or use the Website; or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You may cancel your User ID by delivering notice to FIAA. FIAA reserves the right to collect accrued fees and charges and costs incurred by FIAA before you cancellation. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation. In the event your User ID is terminated or canceled for any reason no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your User ID. Any delinquent or unpaid accounts or accounts with unresolved disputes must be settled before FIAA may allow you to register again.


13. Indemnification

At FIAA’s request, you agree to defend, indemnify and hold harmless (a) FIAA, (b) its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents or suppliers, (c) its licensees, distributors, content providers, and (d) other members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the Services or breach of this Agreement by you.


14. Acknowledgements

You hereby acknowledge and agree that:

(a) WHEN USING THE SERVICES, THE SOFTWARE MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE SOFTWARE. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY “ADD-ON” OR “MOD,” THAT IN FIAA’S SOLE DETERMINATION: (i) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (ii) ALLOWS USERS TO MODIFY OR HACK THE SOFTWARE INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY FIAA; OR (iii) INTERCEPTS, “MINES,” OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH THE SOFTWARE. IN THE EVENT THAT THE SOFTWARE DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, IT MAY COMMUNICATE INFORMATION BACK TO FIAA, INCLUDING WITHOUT LIMITATION YOUR ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR AND FIAA MAY EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS SECTION OF THE AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

(b) WHEN THE SOFTWARE IS RUNNING, FIAA MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER 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 PROGRAM AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT AND THE EULA.

(c) FIAA may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, and information about you and your activities in response to a written request by law enforcement, a court order or other legal process. FIAA may use or disclose your personal information if they believe that doing so may protect your safety or the safety of others.

(d) FIAA MAY RECORD YOUR CHAT SESSIONS AND OTHER ELECTRONIC COMMUNICATION TRANSMITTED OR RECEIVED THROUGH THE GAME AND YOU CONSENT TO SUCH MONITORING OR LOGGING.

(e) You may not hold FIAA responsible for any loss resulting from in- game trading activitities. You may not hold FIAA responsible for any information that is passed between players. FIAA does not guarantee the safe keeping of information that is passed between players and will not be held responsible for any resulting losses or consequences arising from the improper use of said information. You may not hold FIAA responsible for any in-game feature or item loss. FIAA does not guarantee the availability of any in-game items, any Services or any levels to players.


15. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS. FIAA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, FIAANTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) FIAA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, FIAANTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMFIAA TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIAA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

(e) A SMALL PERCENTFIAA OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

16. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIAA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, FIAANTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMFIAAS, INCLUDING, BUT NOT LIMITED TO, DAMFIAAS FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMFIAAS), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE. Some states do not allow the foregoing limitations of liability, so they may not apply to you and in such a case you agree that FIAA’s (or any such other released parties) liability to you shall be limited to the maximum extent permitted by law. You agree that FIAA cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to the Services.


17. Dispute Resolution

If a dispute arises between you and FIAA, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and FIAA agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Service (a “Claim”) in accordance with one of the subsections below.

(a) This Agreement and the relationship between you and FIAA shall be governed in all respects by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.

(b) You and FIAA agree to submit to the exclusive jurisdiction and venue of the courts located in Middlesex County, New Jersey, except as provided in subsection 17(c) below regarding optional arbitration. Notwithstanding this, you agree that FIAA shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.

(c) For any Claim, excluding Claims for injunctive or other equitable relief, where the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00 USD), the party requesting relief may elect to resolve the Claim in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(d) All Claims you bring against FIAA must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to this Dispute Resolution Section, FIAA may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that FIAA has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.


18. General

You agree to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to assure that neither the Software nor the Services are exported, directly or indirectly, in violation of Export Laws; or is intended to be used for any purposes prohibited by the Export Laws. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise permitted herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of FIAA shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of FIAA.

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 Agreement is the complete and exclusive statement of the agreement between you and FIAA Interactive concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and FIAA; provided, however that this Agreement is in addition to, and does not replace or supplant, the applicable EULA. 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.


19. Closing

Thank you again for visiting our Website. We hope you enjoy your stay and take full advantage of the online community we are developing. Please remember that you are a guest at the Website and act with the same courtesy and respect you expect from other guests. FIAA always reserves the right to refuse or terminate service.
Privacy Policy
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FIAA Interactive Inc(www.fiaagames.com) - Online Privacy Policy


FIAA Interactive Inc, Inc and its subsidiaries and affiliated companies (collectively, hereafter, 'FIAA Interactive Inc', 'we', 'us', the 'companies') highly respect the privacy rights of our online properties’ visitors, users, and customers (collectively, hereafter, 'you'). Our online properties include, but are not limited to, website (the 'site') and all website related services and products that are, in part or as a whole, owned and provided by us to you. The following privacy policy informs you on how we engage in all activities correlated to, including but not limited to, collecting, storing, handling, and using your personally identifiable information you provide us and non-personally identifiable information we collect. We take your privacy issues very seriously; hence, we do not release any of your personally identifiable information without your permission. Prior to using any of our online properties, you must thoroughly read and fully comprehend our Online Privacy Policy and signify your full agreement to the Online Privacy Policy. Furthermore, your use of our online properties signify your full comprehension and full agreement to the Terms of Use and any other FIAA Interactive Inc’s rules, polices, notices, agreements and guideline.

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Types of Information We Gather from You


1. Children

We take minors’ online privacy issues very seriously. You are a minor if you are under the age of eighteen (18) or under the legal age to form a legally binding contract in your jurisdiction. If you are a minor, you must have your parent/s and/or legal guardian/s to thoroughly review and fully agree to our Online Privacy Policy and any other aforementioned rules of FIAA Interactive Inc. The parent/s and/or legal guardian/s must agree to take full responsibility of all actions and its consequences within the legal boundaries of our online properties that creates conflict/s of interests of FIAA Interactive Inc by the minor/s under their custodianship/s. Such responsibilities mean, but are not limited to, that you agree to indemnify us for any types of monetary and non-monetary, tangible and intangible damage/s done by minor/s in your custodianship in the form/s of monetary and non-monetary, tangible and intangible compensations. We ask all parents and/or legal guardians of every minor to take an active and serious role in all minors’ online experiences at all times. If you are a parent or a legal guardian of any minor(s), please inform and educate them not to disclose any personally identifiable information such as, but not limited to, real name and any types of contact information. To comply with a US federal law, Children’s Online Privacy Protection Act (commonly referred as COPPA), we do not knowingly collect, store, handle, and/or use personally identifiable information from children. Children are defined herein as minors under the age of thirteen (13). If we learn that we have unknowingly and/or advertently gathered personally identifiable information from any child, we will immediately terminate such information and any account/s linked to such information from our database and/or records and takes appropriate actions and attempt to notify parent/s and/or legal guardian/s of such child. Please note that FIAA Interactive Inc does not have absolute control over the actions taken by you, which means that any types of personally identifiable and/or other information disclosed, intentionally or unintentionally, by you in the public domain and its consequences are solely your responsibilities. We are responsible only for our actions and its consequences, as far as this Online Privacy Policy is concerned. There are two channels through which we collect information about you; one, information you provide us, and two, information we collect through technologies, methods, and/or services.

2. Information You Provide Us

Personally identifiable information we collect are provided by you. You may only visit some parts of our online properties without providing such information to us; however, in order for you to use certain features of our online properties, such as playing our online game properties and getting involved in community forums on our site, you are required to provide us with certain personally identifiable information. These include, but are not limited to, your actively used email address, gender, phone number, home address, date of birth. Furthermore, you are required to provide us or third party payment service provider/s (e.g., PayPal or equivalent service provider/s) additional information such as, but not limited to, credit card related information, if you choose to purchase any types of services and/or products we provide for fee/s. Please note, the permissions for the use of certain features of our online properties that require you to provide us personally identifiable information are granted to only those who provide us honest, correct, and up-to-date information. Falsifying any information is against our Online Privacy Policy. Such fraudulent act/s done by you may result in legal actions against you if such legal actions are deemed necessary.

3. Information We Collect Through Technologies, Methods, and/or Service

Through available and legal technologies, methods, and/or services, we may collect and store information about your computer hardware/s, software/s, system specification/s, Internet IP address/s, your online activities (not limited to your use of our online properties) and patterns of such activities, and more. The primary purpose of such information collection is to ensure the quality of our online properties to better serve our customers and improve the ways we do our businesses. Better serving our customers and optimizing the ways we do our businesses is the key for our success and viability. Therefore, your use of certain features of our online properties requires you to accept/allow, for example but not limited to, Cookies and/or Web Beacons. You may choose not to accept/allow such information tracking technologies, methods, and/or services performed by us, such as cookies blocking through your web browser setting changes; however, this may result in some features of our online properties not to function properly. From time to time, we may change and/or test-out various technologies, methods, and/or services that are available at our discretion. For any questions about specifics, details, and up-to-date information about types of technologies, methods, and/or services we use at any given time, you may send us inquiry email at privacy@fiaa.eu.


The Use and Share of the Information We Gathered


In essence, all information we gather about you, whether personally identifiable or not, are used to support your use of our online properties and to fulfill our legitimate business objectives.

1. FIAA Interactive Inc’s Internal for Business Purposes

Business purposes are all activities performed by us to fulfill our legitimate business objectives and/or to serve the needs of our customers. Such activities by FIAA Interactive Inc may be in the forms of, but not limited to, sending you business, administrative, informative and/or reminder emails about some existing and/or new features added to our online properties and/or about, in response to, your request/s for certain information and/or service/s and/or your use of paid and/or not-paid services and products we offer our customers. In addition to the use of your information in the manners as described above, we may use any combination of your personally identifiable information and various other types of information we gather about you and/or others through information collecting technologies, methods, and/or services to optimize our business to better serve the needs of our customers to serve our business objectives. For example, this may include studying your web-browsing patterns and comparing that of others we learned through information collecting technologies and third-party services, then modifying and enhancing our online properties to better suit the general web-browsing patterns of our customers.

2. Use and/or Share with Third Parties for Business Purposes

In connection with fee based services and/or products of our online properties, we have set up business relationships with third parties. In such relationships, we share, in part or as a whole, personal information records of our customers with third parties in order to successfully process the customer requested fee based services and/or product/s. The use of such information we share with such third parties are strictly to be used ONLY for the connection with the specific services and/or products we cater to our customers; for example, such shared information cannot be used by third parties for direct or indirect advertisements and/or marketing campaigns carried out by such parties. We do not grant them any permission of using your personal information other than to be used in manners described in this Online Privacy Policy. Therefore, if you reach to a reasonable conclusion that they are misusing your personal information without your permission, and in manners not allowed by our Online Privacy Policy, we ask you to write us at privacy@fiaa.eu and contact appropriate personnel at their company. Please note, for such third parties that we have business relationships with, you may be required to accept their end user agreement, privacy policy, and/or any other types of their rules and policies. If you agree to aforementioned agreement/s, policy/s, and/or any other types of rules of the third party/s, we will not be responsible for the collecting, storing, handling, and/or using your personal information you provide them and/or personal information they gather through any types of information collecting technologies, methods, and/or services they employ.

3. In Case of Promotions, Contests and/or Sweepstakes.

For any promotions, contests and/or sweepstakes which will be organized, in-part or as a whole, by us and/or hosted on our site, there will be such event relevant privacy policy in the official rules and/or registration area. Such even relevant privacy policy will govern that particular promotion, contest, and/or sweepstake only. Such event relevant privacy policy may differ from this Online Privacy Policy, so we advise you to read it thoroughly prior to accepting terms described in such policy or policies. In most cases, promotions, contest and/or sweepstakes require participants’ permissions for the collection and/or the use of participants’ certain personally identifiable information by event organizer/s; we advise you to make decision that is appropriate for you.

4. Purchase, Sale, Liquidate and/or Merge of Businesses

We may purchase, sell, liquidate, and/or merge one or more businesses from time to time within internal business units/parties and/or to/with/from external third party/s. In such cases, transfer of our collection of personal information may occur as a part of such business transaction/s, unless the law prohibits us otherwise. If we sell or liquidate our business/s and must transfer such personal information collected by us to third party/s with different Privacy Policy from this Online Privacy Policy, we will require the business/s purchaser/s to treat such transferring information in the same manners as described in this Online Privacy Policy.

5. Disclosure, Use, and/or Share of Your Information for Non-Business Purposes.

We will share, release, and/or disclose any portions and any types of your personal information known to us with such parties entitled to such information by the law (e.g., subpoena, court order). Furthermore in situations where we reasonably believe distribution of any portions and any types of your personal information with appropriate authorities will protect the safety and/or security of you and/or your tangible and intangible personal properties, we may choose to do so. We also reserve our full rights to share, release and/or disclose any relevant portions and types of personal information to appropriate authorities when we reasonably reach a conclusion that such person/s has engaged or is engaging in unlawful activities by the jurisdiction of such person/s’ residence/s and/or where we reside in, regardless of whether it was or is an intentional or unintentional, voluntary or involuntary act of violation/s and/or has posed or is posing any level of threat to the integrity of FIAA Interactive Inc.

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Links to Third Parties


Our online properties may contain links to other websites and/or services operated by third-parties. In some cases, these links may lead you to web properties that may partially or wholly operated and/or owned by us. In any cases, such linked web properties may have privacy policy differs from this Online Privacy Policy. In any cases, it is your responsibility to check the privacy policy of each web site you are visiting and/or linked-to, prior to engaging in any kinds of activities within such web properties.


Notice of Privacy Policy Amendment/s


We reserve our rights to amend any portion/s of this Online Privacy Policy at any time for any reasons. When we amend any parts of this Online Privacy Policy, we will notify you by sending an e-mail notice and post such notice in, but not limited to, forums and/or any other, what we view as, appropriate places within our online properties. When such changes to our Online Privacy Policy are made, the new Online Privacy Policy will be effective, beginning, on 31st days from the day of any type/s of aforementioned and other types of notice we choose to utilize. Please note, although we will try to send you email notice, your email host company may view our mails as spam and/or junk emails; therefore, our email may not reach you in time. We advise you to view this Online Privacy Policy section at least once a month to be on the safe and sure side. Also, as soon as any of the personal information you provide us change, please update your profile with us, so that we can continuously ensure and provide you with the most up-to-date services and products available for our customers.


Change/s to Your Personal Information


You can access and make changes to any parts of the personal information you provide us from ‘My Account’ section of our online properties. Please note, to use some features of ‘My Account’ section, we ask you questions about personal information that you initially provided us in order to match your responses for identity verification. Please make a note of information you provide us initially and each time you update your profile, thereafter, for your record and keep it in the safe place/s. We will not be giving out any parts of your personal information in our database, even if it indeed is you to ensure the security and safety of your information.


Your Online Privacy Rights


Please note, you have control over the personally identifiable information you submit to us. At any time, for any reasons, you may choose to terminate your account with us from ‘My Account’ section; in which case, we will remove your personal information from our database.

1. Opting-Out
You can choose to opt-out from certain service and/or product features we provide you in ‘My Account’ section of our website. For example, we may send out marketing emails to our customers. If we do so, you will be able to opt-out from such practice by declining to such services in ‘My Account’ section on our website. When you opt-out from any types of service and/or product features, you will not be receiving any features in the similar nature, until you re-allow us to offer such features to you.

2. Your Privacy Rights
Beginning on April 1, 2009, Germany Government permits customers of FIAA Interactive Inc who are Europe residents to request certain information regarding the companies’ disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an email at privacy@fiaa.eu or write to us at:
FIAA Interactive Inc.- (attn.) Privacy Rights


Privacy Related Inquiries


You may contact us at email and mailing addresses provided below, if you have any types of question/s, issue/s, and/or comments relating to our Online Privacy Policy and/or your personal information.

FIAA Interactive Inc.- (attn.) Privacy Related Inquiry
5 Market Street, Plainsboro, NJ 08536, USA
info@fiaagames.com
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