Terms of Use

Last updated December 15, 2020

Acceptance of Terms

All original games, apps, websites, content, designs, logos, and related services (“Services”), including any updates, enhancements, or additions provided by Fractalmouse Games LLC (“Fractalmouse”) are subject to these Terms of Use (“TOU”). Fractalmouse reserves the right to update the TOU at any time without notice to you. All Services are owned by Fractalmouse and protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

By downloading, accessing, or using the Services, you indicate that you accept and agree to be bound by all terms and conditions of the TOU.

If you are under 18 years of age, or the age of majority in your location, you may use the Services only with the supervision and consent of a parent or legal guardian. By using the Services you represent that you either are 18 years of age, or the age of majority in your location, or older, or have received consent from your parent or legal guardian to access their license to the Services.

Use of the Services is also governed by our Privacy Policy available at https://www.fractalmouse.com/privacy.

Scope of License

  • You are given a non-transferable, non-exclusive, non-sublicensable, non-commercial, personal license to use the Services on any device that you own or control and as permitted by the Scope of License set forth in this section.
  • You may not share or make the Services available to third parties, sell, rent, lend, lease, or otherwise redistribute the Services.
  • You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Services, or any part thereof.
  • You may not copy (excluding when expressly authorized by the Scope of License) or alter the Services or portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this license, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
  • Violations of the obligations mentioned in the Terms of Use, as well as the attempt of such infringement, may be subject to prosecution and damages.
  • Fractalmouse reserves the right to modify the terms and conditions of licensing.
  • Nothing in this license should be interpreted to restrict third-party terms. When using the Services, you must ensure that you comply with applicable third-party terms and conditions.
  • Except as previously set forth, you do not receive any other license. Fractalmouse retains all right, title, and interest in the Services, including without limitation, copyright, patent, trademark, trade secret, moral right, names, titles, code, graphics or illustrations, motion or audio effects, characters, or recordings made using the Services. All rights not expressly granted to you are reserved.

Use of Data

You acknowledge that Fractalmouse will be able to access your personal data, and that our use of such data is subject to your legal agreements with our Privacy Policy at https://www.fractalmouse.com/privacy.

Code of Conduct

You agree that, under any and all circumstances:

  • You may not, directly or indirectly, use any cheats, exploits, automation, bots, hacks, mods, or any unauthorized third-party tools designed to modify or interfere with the Services.
  • You may not use the Services in violation with applicable law, regulation, or rule.
  • You may not use the Services for fraudulent or abusive purposes, including without limitation, impersonating or misrepresenting your association with another person or entity.
  • You may not use the Services for commercial purposes, including without limitation, unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • You may not disrupt, interfere with, or affect the normal flow or operation of the Services, or otherwise act in any manner that has an adverse effect on other users’ experience of the Services.
  • You may not, directly or indirectly, disrupt or overburden any systems related to or used by the Services.
  • You may not attempt to gain unauthorized access to any part of the Services, including without limitation, servers, computers, networks, or other devices by any means other than the apps, games, or interfaces provided directly by Fractalmouse or approved partners.

User Generated Contributions

The Services do not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Services, including without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with our Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including without limitation, the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate the privacy or publicity rights of any third party.
  10. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law, regulation, or rule.

Any use of the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Services.

Contribution License

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Fractalmouse may link to sites and services that are not under the control of Fractalmouse. Fractalmouse is not responsible for the contents of any linked site. Fractalmouse does not endorse or make any promises on any content, goods, or services from third parties. Fractalmouse assumes no responsibility or liability resulting in your use of linked sites. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites.

Disclaimer of Warranty and Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY, ASSURANCES, OR GUARANTEES OF ANY KIND. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. FRACTALMOUSE DOES NOT MAKE, AND HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING IN THE COURSE OF DEALING, USAGE, OR TRADE PRACTICES. FRACTALMOUSE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICES, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED, REGARDLESS OF CAUSE (I.E., SERVER FAILURE, DATA BREACH OR LOSS, OR ACCESS LOSS RESULTING FROM ANY CAUSE, INCLUDING WITHOUT LIMITATION, ACT OF GOD, NATURE, GLOBAL PANDEMIC, OR HOSTILE PIRATE TAKEOVER). NO ORAL OR WRITTEN ADVICE PROVIDED BY FRACTALMOUSE, ITS EMPLOYEES, OR OTHER REPRESENTATIVES CONSTITUTE A WARRANTY.

IN NO EVENT SHALL FRACTALMOUSE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

Some jurisdictions do not allow disclaimers such as those set forth above. In such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. You may have additional legal rights in your jurisdiction.

You agree to defend, indemnify, and hold Fractalmouse (including its officers, directors, employees, agents, licensors, and suppliers) harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Applicable Law

This license agreement is governed by the laws of the State of Washington excluding its conflicts of law rules.

Contact Information

For general inquiries, complaints, or questions, please contact games@fractalmouse.com.

Termination

The license is valid until terminated by Fractalmouse or by you. Your rights under this license will terminate automatically and without notice from Fractalmouse if you fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of the Services, and destroy all copies, full or partial, of the Services. Termination may result in forfeiture and destruction of all information associated with your account. All provisions of the Terms of Use that, by their nature, should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Miscellaneous

If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.