BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TOS. IF YOU DO NOT AGREE TO THESE TOS, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES.
You may be required to register for an account on the Services ("Account"). By registering for an Account or otherwise using the Services, you affirm that you are age 13 or older. If you are between the ages of 13 and 17 or otherwise do not have the authority to enter into legal agreements such as these TOS, your legal guardian must review and agree to these TOS. If you access the Services from a social networking site, such as Facebook, you agree to comply with its terms of service and these TOS.
The Services are free to use or download but may contain features that may allow you to make purchases within the Services.
We may issue additional policies related to specific parts of the Services, including but not limited to, forums or contests, and your right to use such services is subject to the relevant policies and these TOS.
FOR UNITED STATES RESIDENTS, THESE TOS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS-ACTION WAIVER THAT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ THE SECTION CONCERNING THIS CAREFULLY. EXCEPT WHERE YOU OPT OUT, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THESE TOS, YOU AGREE THAT ANY DISPUTES ARISING BETWEEN YOU AND FLOWSTATE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. RIGHT TO USE THE SERVICES
Subject to these TOS, Flowstate hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable right and license to install and use the Services for your personal, non-commercial use for gameplay on a single computer or device only.
All rights not expressly granted herein in these TOS are reserved by Flowstate. Flowstate retains all right, title and interest in and to the Services, including but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, gameplay recordings made using the Services, moral rights, whether registered or not and all applications thereof. You have no right or title in or to any content that appears in the Services. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Flowstate’s prior written approval.
2. ACCOUNTS AND LOGIN INFORMATION
You may be required to create an Account to access certain Services and select a password for your Account or you may also use other credentials to access the Account (“Login Information“). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases.
Flowstate reserves the right to delete your Account. In such event, you may no longer be able to access and/or use any In-game Items (as defined below) associated with that Account and no refund will be offered to you.
The Services support only one Account per game on a supported device.
You may be able to purchase and license certain virtual goods to be used within the Services (“In-game Items”). In-game Items are licensed on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use. We may manage, control, modify or eliminate In-game Items at any time, with or without notice to you.
ALL PURCHASES OF IN-GAME ITEMS THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE. PRICE AND AVAILABILITY OF IN-GAME ITEMS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
IF YOU ASK FOR YOUR PERSONAL DATA TO BE DELETED AS DESCRIBED IN OUR PRIVACY NOTICE, YOU WILL PERMANENTLY FORFEIT ALL OF YOUR IN-GAME ITEMS WITHOUT THE RIGHT TO REFUND, AS WE WILL NO LONGER BE ABLE TO ASSOCIATE SUCH IN-GAME ITEMS WITH YOU.
4. USER CONTENT
You may be able to create certain content while using the Services, which may include but is not limited to characters, images, sounds, communications or other information that you upload or transmit through our Services (“User Content”). You are solely responsible for your User Content.
Flowstate has the right, but not the obligation, in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content without notice for any reason or for no reason at any time. If at any time Flowstate chooses, in its sole discretion, to monitor the Services, Flowstate nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content.
You hereby grant Flowstate a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Content in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Content without any further notice or compensation to you of any kind.
Flowstate does not claim any ownership rights in your User Content, and nothing in these TOS is intended to restrict any rights that you may have to use and exploit your User Content. Flowstate has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
5. LIMITATIONS TO THE RIGHT TO USE THE SERVICES
If you do not use the Services in accordance with these limitations, we may take actions as a result, which may include terminating your Account and prohibiting you from using our Services or parts of our Services.
You shall not:
- use the Services in violation of any applicable law or regulation,
- use directly or indirectly or take part in the use of any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services,
- disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services,
- make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other rights of any person or entity,
- attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Flowstate, or to obtain any information from the Services using any method not expressly permitted by Flowstate,
- disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Services,
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis,
- post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content,
- attempt to gain unauthorized access to the Services, to accounts registered to others or the computers, servers, or networks connected to the Services including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying, any security, technology, device, encryption, or software that is part of the Services, or
- engage in any act that Flowstate deems to conflict with the intent or spirit of the Services. Flowstate reserves the right to determine which acts it considers to violate the intent or spirit of the Services.
6. TERMINATION OF ACCOUNT SERVICES
Without limiting any other remedies available to us, if we believe that you are in breach of these TOS, we reserve the right either with or without notice to you limit or suspend your access to the Services, delete or modify your Account or parts of your Account and/or modify or remove any of your In-game Items.
We reserve the right to stop offering and/or supporting the Services or part of the Services at any time, at which point your right to use the Services or part of the Services will terminate automatically. In such an event, we shall not be required to provide any refunds, benefits or other compensation.
We reserve the right to terminate any account that has been inactive for 180 days.
You may terminate your Account at any time and for any reason by informing us.
7. THIRD-PARY SERVICES
THE SERVICES ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FLOWSTATE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer.
9. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOWSTATE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TOS OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLOWSTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, FLOWSTATE SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FLOWSTATE IN ACCORDANCE WITH THESE TOS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO FLOWSTATE DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND FLOWSTATE'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH FLOWSTATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the above limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer.
You agree to indemnify, defend and hold Flowstate (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the Services, or any breach by you of these TOS, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
10. UPDATES TO THE SERVICES
We are constantly developing our Services. We may update the Services with or without notifying you and may require that you accept updates to the Services. You may also need to update third-party software from time to time in order to receive the Services.
11. CHANGES TO THESE TOS
We may update these TOS from time to time in response to changing legal, technical or business developments. When we update these TOS, we will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes we make.
By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.
12. GOVERNING LAW
If you are a United States resident, these TOS are governed by the laws of the State of California and applicable federal laws regardless of conflict of law provisions. If you are a resident outside the United States, you agree that all disputes between you and Flowstate shall be governed by the laws of Finland, regardless of conflict of law provisions. You agree that any claim or dispute you file against Flowstate shall be resolved by the District Court of Helsinki, Finland as the first instance.
If the jurisdiction of your domicile prohibits Flowstate from enforcing the governing law provisions, nothing in these TOS limits your rights based on the laws governing your domicile.
Flowstate may assign these TOS or part of these TOS to a third party without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Notice to any third party without Flowstate’s prior written consent.
If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Flowstate’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.
15. ENTIRE AGREEMENT
These TOS and Privacy Notice set out the entire agreement between you and Flowstate regarding the Services and supersede all earlier agreements and understandings between you and Flowstate.
Any failure by Flowstate to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective in writing.
If you have any questions about these TOS, please contact firstname.lastname@example.org
© 2021 Flowstate Games Ltd.