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Terms of Service
The terms and conditions of this agreement (“Terms of Service”) govern the relationship between you and FLIPPERAM STUDIOS LTDA. ME and its affiliates (hereinafter “FLIPSTAR” or “Us” or “We”) regarding your use of FLIPSTAR’s games, websites and related services (collectively referred as the “Service” or “Services”). Use of the Service is also governed by FLIPSTAR’s .
This document is a complimentary legal agreement between you and the Developer and governs the general terms and rules for the Developer’s games and its online components. It does not supersede any agreements entered by you and the Developer’s authorized software reseller(s) or provider(s) of online services. We advise you refer to any agreement you entered with the online platform or provider of online services and contact them in accordance to their own terms before seeking any action towards the Developer. Before accessing or using the Service, including browsing any FLIPSTAR website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are below 13 years of age, you represent that your legal guardian has reviewed and agreed to these Terms in your name. If you access the Service from a Social Networking Site (“SNS”), such as Facebook, you shall comply with their own terms of service as well as ours.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
FLIPSTAR reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on our website, third party online marketplaces and the games themselves. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Privacy Policy, or any other policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must stop using the Service.
1. LICENSE
1.1. Grant of a Limited License to Use the Service
THIS SOFTWARE IS LICENSED, NOT SOLD.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant FLIPSTAR policies, FLIPSTAR grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
If you are below 13 years of age, you must request that your parent or legal guardian consent to these Terms of Service and to our Privacy Policy in your name before you create an account or use the services.
You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by FLIPSTAR, or previously been banned from playing any FLIPSTAR game.
You shall use your Account only for non-commercial purposes, unless your commercial use falls in the category of journalism, criticism or video-streaming of gameplay, in which cases FLIPSTAR consents the aforementioned usage, provided you abide by the entirety of these Terms and Conditions; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.
Username and Password
Depending on the game or platform of choice, you may be required to create an Account to access the software’s online components and select a Password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify FLIPSTAR and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
FLIPSTAR reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
• Engage in any act that FLIPSTAR deems to be in conflict with the spirit or intent of the Service or make improper use of FLIPSTAR’s support services.
• Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any FLIPSTAR Game or any FLIPSTAR game experience or without FLIPSTAR’s express written consent, modify or cause to be modified any files that are a part of the Service or any FLIPSTAR game.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any FLIPSTAR game environment.
• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by FLIPSTAR, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including FLIPSTAR employees, including FLIPSTAR’s customer service representatives.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a FLIPSTAR employee.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any FLIPSTAR game, or to obtain any information from the Service or any FLIPSTAR game using any method not expressly permitted by FLIPSTAR.
• Solicit or attempt to solicit personal information from other users of the Service or any FLIPSTAR game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
FLIPSTAR reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. FLIPSTAR reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, FLIPSTAR MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO FLIPSTAR SERVICES OR PORTIONS THEREOF IF YOU ARE, OR FLIPSTAR SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND FLIPSTAR IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
FLIPSTAR RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR MORE THAN 180 DAYS.
FLIPSTAR reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, FLIPSTAR shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by contacting our support staff through email address .br, informing FLIPSTAR that you wish to terminate your Account.
2. OWNERSHIP
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a FLIPSTAR game client) are owned by FLIPSTAR, unless otherwise stated. All FLIPSTAR’s intellectual property rights are reserved.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FLIPSTAR.
2.3. Virtual Items and Subscriptions
FLIPSTAR owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in FLIPSTAR games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any FLIPSTAR game, whether earned in a game or purchased from FLIPSTAR, or any other attributes associated with an Account or stored on the Service.
2.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a FLIPSTAR game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by FLIPSTAR in accordance with its Privacy Policy. You agree that your User Content will not be returned to you. FLIPSTAR reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.
3. USER CONTENT
3.1. Content Screening
FLIPSTAR assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time FLIPSTAR chooses, in its sole discretion, to monitor the Service, FLIPSTAR nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. FLIPSTAR cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. FLIPSTAR shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsibility For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. FLIPSTAR may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of FLIPSTAR violates these Terms of Service.
3.3. License
You hereby grant to FLIPSTAR an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to FLIPSTAR the right to authorize others to exercise any of the rights granted to FLIPSTAR under these Terms of Service. You further hereby grant to FLIPSTAR the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. FLIPSTAR has no obligation to monitor or enforce your intellectual property rights in or to your User Content. Any rights you've granted us in connection to this clause will continue to apply even after the EULA is terminated.
3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or FLIPSTAR games. FLIPSTAR reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with FLIPSTAR to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting FLIPSTAR access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our directors and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. FEES AND PURCHASE TERMS
4.1. Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash, coins and crystals, all for use in FLIPSTAR games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services such as Merchandise and Subscriptions.
Licenses for Games, Virtual Items and Subscriptions may be purchased by the player through a third-party online retailer. Such purchase will be subject to the retailers’ terms of service and user agreement. Usage rights for each purchase may differ from product to product. If you are unsure about usage rights you should check with your online retailer of choice before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
Whenever making an in-game purchase through a third-party online retailer, note our payment processing partners have their own terms and conditions and you should ensure you agree with these prior to making any transaction. This includes sales taxes, VAT (when applicable) and other charges such as those required by your bank. If your transaction with our payment processing partners is not successful, then your purchase will not be fulfilled. Upon the completion of a successful payment transaction we will endeavor to fulfill your order immediately at the point of purchase or as soon as possible.
Payment for a Subscription (when applicable) will be charged to your account at the point of purchase and renewals will be processed within 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off auto-renew via your Online Retailer’s Platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your Online Retailer’s Platform account and cannot be transferred between Platform accounts. You agree that sales by us to you of Subscriptions are final and that cancellations will be processed and take place before the billing of the renewal period subsequent to the date of cancellation.
FLIPSTAR may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. FLIPSTAR shall have no liability to you or any third party in the event that FLIPSTAR exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to FLIPSTAR, another user or any third party.
The provision of Virtual Items for use in FLIPSTAR games is a service provided by FLIPSTAR that commences immediately upon acceptance by FLIPSTAR of your purchase.
YOU AGREE THAT ALL SALES DIRECTLY OPERATED BY FLIPSTAR TO YOU OF VIRTUAL ITEMS ARE FINAL, THAT WE WILL NOT REFUND ANY TRANSACTION ONCE IT HAS BEEN MADE, AND THAT AN ACTIVE SUBSCRIPTION CANNOT BE CANCELLED DURING THE SUBSCRIPTION PERIOD. YOUR RIGHTS TOWARDS A THIRD-PARTY ONLINE RETAILER OR MARKETPLACE MAY DIFFER DEPENDING ON THE SELLER’S OWN POLICY OR DISCRETION.
IN ANY CIRCUMSTANCES, YOU DO NOT OWN VIRTUAL ITEMS AND/OR SUBSCRIPTIONS, BUT INSTEAD YOU PURCHASE A LIMITED PERSONAL REVOCABLE LICENSE TO USE THEM.
If you live in a jurisdiction providing regulation which grants you a right to withdraw from distance purchases, note that when you purchase a license to use Virtual Items, Merchandise or Subscriptions from us, you acknowledge and agree that we will begin the provision of the Virtual Item to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. A "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Item is successfully credited to your account on our servers.
We reserve the right to control, regulate, change or remove any Virtual Items, Merchandise and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.
We may revise the pricing for Virtual Items, Merchandise and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.
We may limit the total amount of Virtual Items and/or Merchandise that may be purchased at any one time, and/or limit the total amount of Virtual Items and/or Merchandise that may be held in your account in the aggregate. You are only allowed to obtain Virtual Items and/or Merchandise from FLIPSTAR or our authorized partners through the Services, and not in any other way.
If we suspend or terminate your account in accordance with this agreement you may lose any Virtual Items, Merchandise and/or active Subscriptions that you may have and FLIPSTAR will not compensate you for this loss or make any refunds to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. FLIPSTAR may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT FLIPSTAR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS AND/OR MERCHANDISE WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. UPDATES TO THE SERVICE
You understand that the Service is of an evolving nature. FLIPSTAR may require that you accept updates to the Service and to FLIPSTAR’s games you have installed on your computer or device. You acknowledge and agree that FLIPSTAR may update the Service and FLIPSTAR games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play FLIPSTAR’s Games.
6. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING FLIPSTAR’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FLIPSTAR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
FLIPSTAR 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 (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLIPSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLIPSTAR SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FLIPSTAR IN ACCORDANCE WITH THESE TERMS OF SERVICE 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 FLIPSTAR DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND FLIPSTAR’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH FLIPSTAR IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that FLIPSTAR may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of FLIPSTAR’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF FLIPSTAR.
You agree to indemnify, defend and hold FLIPSTAR 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 Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and FLIPSTAR, we encourage you to first contact us directly to seek a resolution by sending us an email to .br. You agree that any claim or dispute you may have against FLIPSTAR must be resolved exclusively by a court located in Florianópolis/SC, Brazil. If you are a resident outside of the Brazil, you agree that all disputes between you and FLIPSTAR shall be governed by the laws of Brazil, without regard to conflict of law provisions.
9. SEVERABILITY
You and FLIPSTAR agree that if any portion of these Terms of Service or of the FLIPSTAR Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
10. GENERAL PROVISIONS
10.1. Assignment
FLIPSTAR may assign or delegate these Terms of Service and/or the FLIPSTAR Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without FLIPSTAR’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
FLIPSTAR may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the FLIPSTAR Privacy Policy), contain the entire understanding of you and FLIPSTAR, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
10.4. No Waiver
The failure of FLIPSTAR to require or enforce strict performance by you of any provision of these Terms of Service or the FLIPSTAR Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of FLIPSTAR’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by FLIPSTAR of any provision, condition, or requirement of these Terms of Service or the FLIPSTAR Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by FLIPSTAR shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of FLIPSTAR.
10.5. Notices
We may notify you via postings on our social networking channels, e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the FLIPSTAR Privacy Policy shall be in writing and addressed to: FLIPPERAM STUDIOS LTDA. ME, Rodovia José Carlos Daux, nº 4150, Salas 1 e 2, Saco Grande, Florianópolis - SC, 88032-005, Florianópolis/SC, Brazil. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to FLIPSTAR are of a unique and irreplaceable nature, the loss of which shall irreparably harm FLIPSTAR and which cannot be replaced by monetary damages alone so that FLIPSTAR shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any FLIPSTAR game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.8. Force Majeure
FLIPSTAR shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FLIPSTAR, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond FLIPSTAR’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE THAT MY USE OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THIS DOCUMENT.
Contact Information
Flipperam Studios LTDA
Rodovia José Carlos Daux, nº 4150, Salas 1 e 2, Saco Grande, Florianópolis - SC, 88032-005, Brazil
.br
Last Updated: August 3rd, 2020
The terms and conditions of this agreement (“Terms of Service”) govern the relationship between you and FLIPPERAM STUDIOS LTDA. ME and its affiliates (hereinafter “FLIPSTAR” or “Us” or “We”) regarding your use of FLIPSTAR’s games, websites and related services (collectively referred as the “Service” or “Services”). Use of the Service is also governed by FLIPSTAR’s .
This document is a complimentary legal agreement between you and the Developer and governs the general terms and rules for the Developer’s games and its online components. It does not supersede any agreements entered by you and the Developer’s authorized software reseller(s) or provider(s) of online services. We advise you refer to any agreement you entered with the online platform or provider of online services and contact them in accordance to their own terms before seeking any action towards the Developer. Before accessing or using the Service, including browsing any FLIPSTAR website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older and you understand and agree to these Terms of Service. If you are below 13 years of age, you represent that your legal guardian has reviewed and agreed to these Terms in your name. If you access the Service from a Social Networking Site (“SNS”), such as Facebook, you shall comply with their own terms of service as well as ours.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
FLIPSTAR reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended terms on our website, third party online marketplaces and the games themselves. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Privacy Policy, or any other policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must stop using the Service.
1. LICENSE
1.1. Grant of a Limited License to Use the Service
THIS SOFTWARE IS LICENSED, NOT SOLD.
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant FLIPSTAR policies, FLIPSTAR grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
If you are below 13 years of age, you must request that your parent or legal guardian consent to these Terms of Service and to our Privacy Policy in your name before you create an account or use the services.
You shall not have more than one Account at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by FLIPSTAR, or previously been banned from playing any FLIPSTAR game.
You shall use your Account only for non-commercial purposes, unless your commercial use falls in the category of journalism, criticism or video-streaming of gameplay, in which cases FLIPSTAR consents the aforementioned usage, provided you abide by the entirety of these Terms and Conditions; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone.
Username and Password
Depending on the game or platform of choice, you may be required to create an Account to access the software’s online components and select a Password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify FLIPSTAR and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
FLIPSTAR reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
• Engage in any act that FLIPSTAR deems to be in conflict with the spirit or intent of the Service or make improper use of FLIPSTAR’s support services.
• Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any FLIPSTAR Game or any FLIPSTAR game experience or without FLIPSTAR’s express written consent, modify or cause to be modified any files that are a part of the Service or any FLIPSTAR game.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any FLIPSTAR game environment.
• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by FLIPSTAR, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including FLIPSTAR employees, including FLIPSTAR’s customer service representatives.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a FLIPSTAR employee.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any FLIPSTAR game, or to obtain any information from the Service or any FLIPSTAR game using any method not expressly permitted by FLIPSTAR.
• Solicit or attempt to solicit personal information from other users of the Service or any FLIPSTAR game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
FLIPSTAR reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. FLIPSTAR reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, FLIPSTAR MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO FLIPSTAR SERVICES OR PORTIONS THEREOF IF YOU ARE, OR FLIPSTAR SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND FLIPSTAR IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
FLIPSTAR RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR MORE THAN 180 DAYS.
FLIPSTAR reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, FLIPSTAR shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by contacting our support staff through email address .br, informing FLIPSTAR that you wish to terminate your Account.
2. OWNERSHIP
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a FLIPSTAR game client) are owned by FLIPSTAR, unless otherwise stated. All FLIPSTAR’s intellectual property rights are reserved.
2.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FLIPSTAR.
2.3. Virtual Items and Subscriptions
FLIPSTAR owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in FLIPSTAR games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any FLIPSTAR game, whether earned in a game or purchased from FLIPSTAR, or any other attributes associated with an Account or stored on the Service.
2.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a FLIPSTAR game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by FLIPSTAR in accordance with its Privacy Policy. You agree that your User Content will not be returned to you. FLIPSTAR reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.
3. USER CONTENT
3.1. Content Screening
FLIPSTAR assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time FLIPSTAR chooses, in its sole discretion, to monitor the Service, FLIPSTAR nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. FLIPSTAR cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. FLIPSTAR shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsibility For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. FLIPSTAR may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of FLIPSTAR violates these Terms of Service.
3.3. License
You hereby grant to FLIPSTAR an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to FLIPSTAR the right to authorize others to exercise any of the rights granted to FLIPSTAR under these Terms of Service. You further hereby grant to FLIPSTAR the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. FLIPSTAR has no obligation to monitor or enforce your intellectual property rights in or to your User Content. Any rights you've granted us in connection to this clause will continue to apply even after the EULA is terminated.
3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or FLIPSTAR games. FLIPSTAR reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with FLIPSTAR to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting FLIPSTAR access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our directors and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4. FEES AND PURCHASE TERMS
4.1. Purchases
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash, coins and crystals, all for use in FLIPSTAR games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services such as Merchandise and Subscriptions.
Licenses for Games, Virtual Items and Subscriptions may be purchased by the player through a third-party online retailer. Such purchase will be subject to the retailers’ terms of service and user agreement. Usage rights for each purchase may differ from product to product. If you are unsure about usage rights you should check with your online retailer of choice before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
Whenever making an in-game purchase through a third-party online retailer, note our payment processing partners have their own terms and conditions and you should ensure you agree with these prior to making any transaction. This includes sales taxes, VAT (when applicable) and other charges such as those required by your bank. If your transaction with our payment processing partners is not successful, then your purchase will not be fulfilled. Upon the completion of a successful payment transaction we will endeavor to fulfill your order immediately at the point of purchase or as soon as possible.
Payment for a Subscription (when applicable) will be charged to your account at the point of purchase and renewals will be processed within 24 hours prior to the expiry of the then-current Subscription period. Your Subscription will automatically renew on a monthly-basis unless you turn off auto-renew via your Online Retailer’s Platform settings at least 24 hours before the end of the then-current Subscription period. Your Subscription is linked to your Online Retailer’s Platform account and cannot be transferred between Platform accounts. You agree that sales by us to you of Subscriptions are final and that cancellations will be processed and take place before the billing of the renewal period subsequent to the date of cancellation.
FLIPSTAR may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. FLIPSTAR shall have no liability to you or any third party in the event that FLIPSTAR exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to FLIPSTAR, another user or any third party.
The provision of Virtual Items for use in FLIPSTAR games is a service provided by FLIPSTAR that commences immediately upon acceptance by FLIPSTAR of your purchase.
YOU AGREE THAT ALL SALES DIRECTLY OPERATED BY FLIPSTAR TO YOU OF VIRTUAL ITEMS ARE FINAL, THAT WE WILL NOT REFUND ANY TRANSACTION ONCE IT HAS BEEN MADE, AND THAT AN ACTIVE SUBSCRIPTION CANNOT BE CANCELLED DURING THE SUBSCRIPTION PERIOD. YOUR RIGHTS TOWARDS A THIRD-PARTY ONLINE RETAILER OR MARKETPLACE MAY DIFFER DEPENDING ON THE SELLER’S OWN POLICY OR DISCRETION.
IN ANY CIRCUMSTANCES, YOU DO NOT OWN VIRTUAL ITEMS AND/OR SUBSCRIPTIONS, BUT INSTEAD YOU PURCHASE A LIMITED PERSONAL REVOCABLE LICENSE TO USE THEM.
If you live in a jurisdiction providing regulation which grants you a right to withdraw from distance purchases, note that when you purchase a license to use Virtual Items, Merchandise or Subscriptions from us, you acknowledge and agree that we will begin the provision of the Virtual Item to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. A "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Item is successfully credited to your account on our servers.
We reserve the right to control, regulate, change or remove any Virtual Items, Merchandise and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.
We may revise the pricing for Virtual Items, Merchandise and/or Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.
We may limit the total amount of Virtual Items and/or Merchandise that may be purchased at any one time, and/or limit the total amount of Virtual Items and/or Merchandise that may be held in your account in the aggregate. You are only allowed to obtain Virtual Items and/or Merchandise from FLIPSTAR or our authorized partners through the Services, and not in any other way.
If we suspend or terminate your account in accordance with this agreement you may lose any Virtual Items, Merchandise and/or active Subscriptions that you may have and FLIPSTAR will not compensate you for this loss or make any refunds to you. If you have an active Subscription at the date of termination it will not auto-renew at the end of the then-current Subscription period.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. FLIPSTAR may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT FLIPSTAR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS AND/OR MERCHANDISE WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. UPDATES TO THE SERVICE
You understand that the Service is of an evolving nature. FLIPSTAR may require that you accept updates to the Service and to FLIPSTAR’s games you have installed on your computer or device. You acknowledge and agree that FLIPSTAR may update the Service and FLIPSTAR games, with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play FLIPSTAR’s Games.
6. DISCLAIMER OF WARRANTIES
WITHOUT LIMITING FLIPSTAR’S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FLIPSTAR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY; INDEMNIFICATION
FLIPSTAR 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 (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLIPSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FLIPSTAR SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FLIPSTAR IN ACCORDANCE WITH THESE TERMS OF SERVICE 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 FLIPSTAR DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND FLIPSTAR’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH FLIPSTAR IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that FLIPSTAR may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of FLIPSTAR’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF FLIPSTAR.
You agree to indemnify, defend and hold FLIPSTAR 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 Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
8. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and FLIPSTAR, we encourage you to first contact us directly to seek a resolution by sending us an email to .br. You agree that any claim or dispute you may have against FLIPSTAR must be resolved exclusively by a court located in Florianópolis/SC, Brazil. If you are a resident outside of the Brazil, you agree that all disputes between you and FLIPSTAR shall be governed by the laws of Brazil, without regard to conflict of law provisions.
9. SEVERABILITY
You and FLIPSTAR agree that if any portion of these Terms of Service or of the FLIPSTAR Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
10. GENERAL PROVISIONS
10.1. Assignment
FLIPSTAR may assign or delegate these Terms of Service and/or the FLIPSTAR Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without FLIPSTAR’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
FLIPSTAR may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the FLIPSTAR Privacy Policy), contain the entire understanding of you and FLIPSTAR, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
10.4. No Waiver
The failure of FLIPSTAR to require or enforce strict performance by you of any provision of these Terms of Service or the FLIPSTAR Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of FLIPSTAR’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by FLIPSTAR of any provision, condition, or requirement of these Terms of Service or the FLIPSTAR Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by FLIPSTAR shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of FLIPSTAR.
10.5. Notices
We may notify you via postings on our social networking channels, e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the FLIPSTAR Privacy Policy shall be in writing and addressed to: FLIPPERAM STUDIOS LTDA. ME, Rodovia José Carlos Daux, nº 4150, Salas 1 e 2, Saco Grande, Florianópolis - SC, 88032-005, Florianópolis/SC, Brazil. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to FLIPSTAR are of a unique and irreplaceable nature, the loss of which shall irreparably harm FLIPSTAR and which cannot be replaced by monetary damages alone so that FLIPSTAR shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any FLIPSTAR game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).
10.8. Force Majeure
FLIPSTAR shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FLIPSTAR, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond FLIPSTAR’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE THAT MY USE OF THE SOFTWARE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THIS DOCUMENT.
Contact Information
Flipperam Studios LTDA
Rodovia José Carlos Daux, nº 4150, Salas 1 e 2, Saco Grande, Florianópolis - SC, 88032-005, Brazil
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Last Updated: August 3rd, 2020