Friends Play, an entity with its principal place of business situated at Nikola Vaptsarov 25, Sofia, Bulgaria, encompasses all affiliated entities and trade labels under its corporate umbrella (hereinafter collectively referred to as “Friends Play,” “we,” “us,” and “our”). These Terms of Service (“Agreement”) delineate the terms and conditions governing your access to and utilization of our games, applications, products, websites, and ancillary services (hereinafter collectively referred to as the “Services”), as well as Virtual Items (as defined in Section 3 below) and your associated Account (as defined in Section 1.3 below). This Agreement constitutes a legally binding contract between you and FRIENDS PLAY. By accessing our Services, you expressly acknowledge and agree to be bound by the provisions set forth herein.
It is hereby emphasized that nothing contained within this Agreement shall serve to derogate from or circumvent the application of any mandatory consumer protection laws applicable within your jurisdiction of residence. Should you find yourself unable or unwilling to adhere to all the terms and conditions outlined herein, you are expressly prohibited from accessing or utilizing the Services or any Virtual Items, or from establishing an Account.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS FOR ALL USERS RESIDING IN THE UNITED STATES AND ANY OTHER TERRITORY OTHER THAN AUSTRALIA, SWITZERLAND, THE UNITED KINGDOM, OR THE TERRITORIES OF THE EUROPEAN ECONOMIC AREA.
FOR COVERED USERS, YOU WILL BE BOUND BY THE ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AND FRIENDS PLAY WILL BE REQUIRED TO RESOLVE ANY DISPUTE, SUBJECT TO LIMITED EXCEPTIONS, BY FINAL AND BINDING INDIVIDUAL ARBITRATION. THE ARBITRATION CLAUSE WAIVES YOUR RIGHT TO A JURY TRIAL, AND TO PARTICIPATE IN CLASS ACTION, COLLECTIVE ACTIONS, AND ALL OTHER TYPES OF COURT PROCEEDINGS. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND – UNLESS YOU VALIDLY OPT-OUT — EXPRESSLY AGREE TO THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION / JURY TRIAL WAIVER
1.1 Age Restrictions and Legal Responsibility.
In the context of this Agreement, the terms “you” or “your” denote the individual user engaging with our Services; in the event such user is under the age of 18 years (or the minimum legal age of adulthood as prescribed by the laws of your jurisdiction), the terms “you” or “your” extend to encompass the user’s parent or legal guardian entering into this Agreement on behalf of the said user. It is incumbent upon you, or any person under your supervision, to utilize the Services solely if you, or the person under your supervision, have attained the minimum age rating stipulated for the applicable Service. Minors under 18 years of age (or the legal age of adulthood as determined by the laws of your jurisdiction) are required to seek guidance from their parent or legal guardian for the review and elucidation of this Agreement, and to obtain the latter’s consent to this Agreement on their behalf. In the event you accept this Agreement on behalf of a minor, it is your responsibility to oversee the minor’s use of the Services, inclusive of any Virtual Items or Account utilized by said minor. If you assume the role of parent or legal guardian and assent to this Agreement on behalf of a minor, you thereby undertake responsibility for all instances of Service utilization, including the utilization of any Virtual Items or Accounts, by your ward, regardless of whether such utilization has been explicitly authorized by you. You are hereby apprised that you bear both legal and financial liability for all activities conducted during your use of or access to the Services, including the activities of any individuals whom you grant access to the Services or your Account.
1.2 Modifications to This Agreement.
We hereby reserve the right to modify this Agreement, whether in whole or in part, at any time. We shall make every effort to apprise you of any such modifications in advance of the modified Agreement coming into effect. Should you dissent from the terms of the modified Agreement, you may find your access to the Services restricted once the modified Agreement takes effect. We shall try to inform you of this legal consequence when notifying you of the modified Agreement. By actively acceding to the modified Agreement, or by persisting in your use of the Services subsequent to the modified Agreement taking effect, you thereby agree to be bound by the modified terms of this Agreement. Should you demur from the modified Agreement, you retain the option to terminate your use of the Services without incurring any charges payable to us (notwithstanding your continued liability for any outstanding amounts due and payable to any Digital Storefront as delineated in Section 4 below).
1.3 Your Account.
Certain facets of the Services may necessitate the creation of an account on your part, whereas for other Services, an account may be generated automatically upon your initial access to the Services (each hereinafter referred to as an “Account”). To effectuate the creation of an Account, you may be called upon to provide information pertaining to your age and country/region of residence, and subsequently provide an email address, a username, a password, and such other particulars as may be deemed requisite in connection with the establishment of your Account, all of which shall be processed and retained in accordance with our Privacy Policy. It is incumbent upon you to furnish accurate, current, and comprehensive information about yourself during the creation of an Account. You are under obligation to maintain the confidentiality of your Account username and password. Furthermore, you undertake not to sell, transfer, or disclose your Account, or the username or password thereof, and you pledge to promptly notify us in the event you suspect any unauthorized use of your Account. We retain the right to decline the establishment of any Account for any legitimate cause, and we reserve the prerogative to terminate any Account contravening this Agreement in consonance with the termination provisions delineated below, and to expunge any Account information in compliance with our Privacy Policy.
2.1 We Reserve All Rights to our IP. We, alongside our licensors, assert and retain complete ownership and reservation of all rights, title, and interest pertaining to the Services, Virtual Items, and your Account (excluding any tangible medium upon which the Services may be distributed), encompassing the entirety of:
(1) Information, text, data, files, code, scripts, designs, graphics, artwork, illustrations, photographs, sounds, music, titles, themes, objects, characters, names, dialogue, locations, stories, plot, animation, concepts, audio-visual effects, virtual goods, and in-game currency (inclusive of Virtual Items), interactive features, gameplay, methods of operation, the compilation, assembly, and arrangement of the materials comprising the Services, Virtual Items, or your Account, and all other copyrightable material;
(2) Trademarks, logos, trade names, trade dress, service marks, and trade identities pertaining to various entities, inclusive of our own;
(3) Other manifestations of intellectual property (collectively referred to as ‘Content’).
2.2 Your Personal, Non-Commercial Use.
Under the terms of this Agreement, we grant you a limited, non-exclusive, and revocable license to access and enjoy the Services, including Virtual Items and your Account, for your personal, non-commercial use. It’s important to understand that the Services, Virtual Items, and your Account are licensed to you—not sold. This means you don’t own them, and the license is solely for your personal use. It doesn’t give you any ownership rights over the Services, Virtual Items, or your Account, including their features or content.
2.3 Restrictions. The limited license granted in this Agreement does not give you any entitlement to, and you are expressly prohibited from, selling, copying (except in compliance with applicable legal exceptions, such as the “private copy” exception under applicable law), loaning, leasing, distributing, disassembling, decompiling, decrypting, hacking, extracting source code from, reverse engineering (except where permissible under applicable legal exceptions derived from EU Directive 2009/24 or other applicable law), modifying, creating derivative works, commercializing, or otherwise exploiting the Services (including the Content), Virtual Items, or your Account, unless explicitly authorized by separate written terms provided by FRIENDS PLAY. It is explicitly stated that nothing within the limited license granted in this Agreement sanctions the utilization of the Services (including the Content), Virtual Items, or your Account in any capacity for the development, training, enhancement, provision of source material for, or promotion of any Generative AI Tools; and it is hereby affirmed that any such uses are expressly prohibited. For the sake of clarity, “Generative AI Tools” encompasses any tool or computer program utilizing algorithms or technology commonly recognized as artificial intelligence or machine learning to produce or generate content, including but not limited to software code, written text, static or dynamic images, musical compositions, human voice emulation, audio content, or other creative works, predicated on textual, visual, auditory, or other inputs. In the event of the termination of your Account or this Agreement in accordance with the provisions herein, any license granted by us to you for the utilization of the Services, Virtual Items, your Account, or any Content, shall immediately cease.
2.4 Legal Effect. This license describes certain legal rights. You may have other rights under the laws of your state or country. This license does not change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.
‘Virtual Items’ refers to any virtual currency, goods, items, boosts, or effects such as, but not limited to, coins, points, gems, tokens, weapons, vehicles, cards, skins, power-ups, apparel, equipment, trophies, rewards, badges, or any other virtual asset obtainable, purchased from a Digital Storefront, earned, or otherwise acquired through the Services. Virtual Items are subject to licensing under the terms of this Agreement, and it is explicitly stipulated herein that no rights or ownership interests in such Virtual Items shall be transferred to you. Access to Virtual Items is restricted to users in specific locations, and unless otherwise specified in your agreement with the relevant Digital Storefront, procurement or utilization of Virtual Items is prohibited outside approved locations. Redemption of Virtual Items is limited to content available through the Services, typically pertaining to specific games. Virtual Items hold no intrinsic monetary value, are exclusively usable within the Services, and are strictly prohibited from being sold, transferred, or exchanged for real currency or tangible assets outside the scope of the Services, unless expressly permitted by separate written terms provided by FRIENDS PLAY. We retain the authority to alter, delete, relocate, suspend, or revoke any Virtual Items at our discretion, with or without prior notification, and assume no liability of any nature towards you in such actions. We reserve the right to impose limits on the total quantity of Virtual Items permissible for retention in any given game or within your Account in totality. Furthermore, we may impose restrictions on the duration for which you may retain or utilize Virtual Items associated with any specific game or other facets of the Services. The pricing and availability of Virtual Items for acquisition or procurement are subject to change. By consenting to this Agreement, you acknowledge and agree that you hold no ownership or entitlements of any nature in relation to Virtual Items or your Account.
4.1 Digital Storefronts. Certain functionalities within the Services, as well as specific Virtual Items, may necessitate the payment of a fee through a storefront operated by us or a third party (each referred to as a “Digital Storefront”). Your contractual agreement for the provision of these Services and Virtual Items shall be established with the Digital Storefront. Any transactions conducted through the Digital Storefront are subject to the prevailing terms and conditions set forth by the Digital Storefront (“Storefront Terms”), all of which are herein incorporated by reference. You bear full responsibility for all charges incurred in connection with your transactions on the Digital Storefront and are obliged to furnish accurate and comprehensive payment details to the Digital Storefront. In the event that the Digital Storefront notifies us of non-receipt of full payment from you following reasonable prior notice, or if you engage, or attempt to engage, in refund practices contravening the policies of the respective Digital Storefront, we reserve the right to suspend or terminate the relevant Services or provision of Virtual Items. Such suspension or termination due to non-payment to the Digital Storefront may lead to a forfeiture of access to and utilization of your Account, as well as any associated Content or Services. It is expressly understood that we bear no liability towards you should your access to any of the Services be curtailed by a Digital Storefront owing to your breach of their Storefront Terms.
4.2 Subscriptions. Some aspects of the Services may be made available on a subscription basis, entailing automatic and recurring payments at the onset of each billing cycle (“Subscription”). We retain the prerogative to amend the terms governing the acquisition of such features at any juncture, providing a notice period of thirty (30) days. It is important to acknowledge that certain Subscriptions may be subject to supplementary terms and conditions, which have the potential to alter the provisions outlined below.
(1)3 Purchase. Subscriptions may be acquired from a Digital Storefront. To avail yourself of a Subscription, you must: possess a valid entitlement to the product or service corresponding to the Subscription; maintain an active account with the Digital Storefront, inclusive of a current, valid, and accepted method of payment registered therein; and ensure access to an internet connection. The Digital Storefront shall charge the applicable Subscription fee (inclusive of any relevant taxes) (“Fee”) to your designated method of payment on each renewal date of the Subscription. Upon completion of the purchase, your Subscription(s) shall become active, granting you access to the benefits delineated with the Subscription at the time of enrollment.
(2) Automatic Renewal & Cancelation. Your Subscription will undergo automatic renewal upon the conclusion of each billing cycle. The Digital Storefront shall proceed to charge your designated payment method for the prevailing Fee unless you opt to cancel your Subscription via the respective Digital Storefront before the conclusion of your ongoing billing period. You retain the prerogative to cancel your Subscription at any juncture, thereby halting automatic renewal and effecting termination of the Subscription at the conclusion of your current billing period. In the event of cancellation, you shall continue to avail yourself of benefits until the Subscription concludes at the end of the ongoing billing period. For information regarding applicable refund policies, if any, please refer to the Storefront Terms.
(3) Changes to Subscriptions. The terms governing any Subscription and the associated benefits may undergo periodic modifications. Such changes may encompass adjustments to or removal of previously accrued benefits. FRIENDS PLAY reserves the right to retire a Subscription at its discretion, providing a notice period of no less than thirty (30) days. Any such alterations shall be reflected on the Digital Storefront’s Subscription product page, and you may receive notification via email from FRIENDS PLAY and/or the Digital Storefront prior to the implementation of such changes. It is imperative to thoroughly review any notifications regarding alterations. Failure to cancel your Subscription subsequent to receiving notification of changes to the Subscription terms – including modifications to the Fee amount or the benefits incorporated therein – shall be construed as an acceptance of said changes. The amended terms shall take effect upon the auto-renewal of your Subscription or upon your explicit acceptance of such changes, if earlier.
5.1 User Generated Content:
“User Generated Content” (“UGC”) encompasses all digital content or communications generated, uploaded, or disseminated by users through the Services, including but not limited to text, posts, audio-visual communications, code, scripts, textures, models, maps, files, assets, documents, photos, images, videos, audio works, feedback, or suggestions related to the Services. It is explicitly delineated that UGC excludes “Custom Content” (as defined below). Users bear sole responsibility for the UGC they generate, upload, or disseminate through the Services (“Your UGC”), warranting that Your UGC complies with the provisions of this Agreement, including but not limited to Section 6.
5.2 Rights to UGC:
Users retain any rights they may possess under applicable law in relation to Your UGC. In exchange for the rights granted to users under this Agreement, users hereby grant FRIENDS PLAY an irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right to utilize, reproduce, edit, modify, adapt, create derivative works, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit Your UGC within or via the Services for any commercial or non-commercial purpose related to the Services. This grant of rights encompasses the right for FRIENDS PLAY to permit other users to utilize Your UGC as part of the operation of the Services. By generating, uploading, or disseminating Your UGC through the Services, users affirm that they hold sole and unencumbered rights to Your UGC, and that the rights granted to FRIENDS PLAY in this Section, as well as FRIENDS PLAY’s exploitation of those rights, do not infringe upon the rights of any third parties.
5.3 Custom Content:
Certain Services afford users the opportunity to utilize tools, editing software, in-game functionalities, or other features provided by FRIENDS PLAY (“Our Tools”) to customize the Content, thereby creating “Custom Content.” Custom Content encompasses all content generated using Our Tools, including in-game assets, maps, screenshots, videos, recordings of in-game audio, gameplay clips, and livestreams. Users may only utilize Custom Content within the framework of the Services and in accordance with the authorization provided by FRIENDS PLAY. Users bear sole responsibility for the Custom Content they create, warranting that such Custom Content complies with the provisions of this Agreement, including but not limited to Section 6.
5.4 Rights to Custom Content:
FRIENDS PLAY retains all rights and ownership to all Custom Content under applicable law. In the event that users, under applicable law, possess any intellectual property rights in Custom Content created by them, users hereby assign to FRIENDS PLAY, upon the creation of such Custom Content, all rights, title, and interest in and to such Custom Content, including all intellectual property rights, for the full duration of such rights. If, notwithstanding the foregoing assignment, users retain any intellectual property interest or other rights in the Custom Content, users hereby grant to FRIENDS PLAY an irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right to utilize, reproduce, edit, modify, adapt, create derivative works, publish, distribute, transmit, publicly display, communicate to the public, publicly perform, and otherwise exploit such Custom Content within or via the Services for any commercial or non-commercial purpose related to the Services. This grant of rights encompasses the right for FRIENDS PLAY to permit other users to utilize such Custom Content as part of the operation of the Services.
5.5 Content Moderation; Right to Remove:
FRIENDS PLAY bears no obligation to host, maintain, support, or distribute any Your UGC or Custom Content generated by users. FRIENDS PLAY has not necessarily reviewed and is not obligated to actively monitor any UGC or Custom Content available via the Services. FRIENDS PLAY does not warrant the security, quality, or originality of any UGC or Custom Content. UGC and Custom Content do not reflect the views of FRIENDS PLAY or its affiliates. FRIENDS PLAY reserves the right to modify, take-down, suppress, block, hide, remove, or delete any or all UGC or Custom Content and report any illegal UGC or Custom Content and related user information to the appropriate authorities. Consistent with its obligations under applicable law, if FRIENDS PLAY takes adverse action against Your UGC or the Custom Content created by users from the Services, suspends or bans users’ Accounts, or otherwise restricts users’ access to some or all of the Services, Virtual Items, or users’ Accounts as a result of Your UGC or the Custom Content created by users, FRIENDS PLAY will endeavor to notify users accordingly.
For the purposes of this Section 6, “Services” includes Virtual Items and your Account; and “Material” means Your UGC and any Custom Content you create.
6.1 No Illegal Conduct or Unauthorized Commercial Exploitation. You agree that:
(1) Users are expected to utilize the Services exclusively for lawful purposes, adhering to all relevant legal statutes.
(2) Users are prohibited from engaging in any form of monetary wagering or placing bets involving assets of value through the Services, unless expressly authorized by FRIENDS PLAY through separate written agreements.
(3) Users shall employ the Services solely for personal, non-commercial use, refraining from any commercial exploitation unless specifically permitted by separate written agreements provided by FRIENDS PLAY. This prohibition extends to activities such as participating in, facilitating, or promoting the unauthorized exchange, sale, or acquisition of any materials derived from the Services (including, but not limited to, Virtual Items or Accounts), as well as establishing, managing, or utilizing any unauthorized connections to the Services (including, but not limited to, unauthorized servers designed to alter, mimic, or otherwise interact with the Services). Additionally, users are prohibited from engaging in or facilitating any form of arbitrage involving price differentials of Virtual Items, including those based on variations in real-world currency values.
6.2 Respect Intellectual Property. You agree that you will not use the Services to create, upload, or distribute any Material that infringes any third party’s copyright, trademark, or other intellectual property rights or otherwise violates the terms of Section 5.
6.3 Code of Conduct. You agree that:
(1) Users are prohibited from utilizing improper or unauthorized means to disrupt or detrimentally affect another user’s ability to use the Services as intended, to gain an unfair advantage in gameplay, or to access Virtual Items or other Content without valid entitlement. Such prohibited actions include the use of cheats, unauthorized modifications, hacks, glitches, or other technical exploits, as well as engaging in phishing, scamming, or social engineering.
(2) Users shall refrain from utilizing the Services to create, upload, or distribute any Material that violates or intrudes upon another individual’s privacy rights. This includes engaging in “doxing,” defined as the sharing or threatening to share information intended to embarrass, intimidate, harm, or harass another individual.
(3) Users are prohibited from utilizing the Services to create, upload, or distribute any Material that is knowingly or intentionally misleading, false, or fraudulent. Additionally, the Services shall not be utilized for the purpose of engaging in “spamming,” which involves the repeated or periodic misuse of communication channels to disrupt or interfere with service operations, advertise third-party products or services, or adversely affect other users’ ability to use the Services as intended.
(4) Users shall not utilize the Services to create, upload, or distribute Material containing actual or shockingly realistic depictions or descriptions of gore, excessive violence, torture, or animal cruelty, irrespective of whether the Material is real or digitally manipulated media, animation, computer-generated imagery, or other digital creations.
(5) Users are prohibited from utilizing the Services to create, upload, or distribute Material or engage in conduct that depicts, promotes, or seeks to normalize, encourage, or knowingly result in another individual’s eating disorder, suicide, or acts of physical self-harm. This encompasses Material or conduct that could reasonably facilitate or encourage another individual to engage in physical harm, starvation, consumption of hazardous substances, or the intimidation, manipulation, or coercion of others through self-harm threats.
(6) Users shall refrain from utilizing the Services to create, upload, or distribute Material or engage in conduct that is abusive, bullying, harassing, or reasonably perceived as a physical or verbal threat against another individual. This includes defamatory Material and behaviors such as camping, griefing, stream sniping, swatting, or other forms of abusive in-game conduct.
(7) Users are prohibited from utilizing the Services to create, upload, or distribute Material or engage in conduct that is pornographic, obscene, or sexually harassing. Such actions include the dissemination of unsolicited or unwanted sexually suggestive Material, engaging in unsolicited or unwanted sexualization of others, making threats or attacks based on an individual’s actual, perceived, or assumed sexuality or sexual activity, or sharing another individual’s sexually suggestive or explicit content without their consent (commonly referred to as “revenge porn”).
(8) Users shall not utilize the Services to create, upload, or distribute Material that depicts, promotes, or seeks to normalize, encourage, or knowingly result in the sexual abuse of minors. This encompasses Material that sexualizes minors in any form, including real or digitally manipulated media, animation, computer-generated imagery, or other digital creations, engaging or attempting to engage in sexually suggestive or explicit communication with minors, or soliciting sexually suggestive or explicit Material from, or sharing such Material with, minors.
(9) Users shall refrain from utilizing the Services to create, upload, or distribute Material or engage in conduct that depicts, promotes, or supports violent extremism or terrorism. This encompasses any Material or conduct that may be reasonably construed as endorsing or supporting extremist violence or its perpetrators, as well as promoting extremist ideologies or conspiracy theories that encourage or incite violence against others.
(10) Users are required to adhere to any additional regulations outlined in the individual Community Standards applicable to their use of specific games, applications, products, or websites within the Services, all of which are incorporated herein by reference.
(11) In addition to the aforementioned provisions, users shall refrain from utilizing the Services to create, upload, or distribute any other Material or engage in any conduct that is unlawful, or to attempt or conspire to commit any of the violations specified in this Code of Conduct.
6.4 No Technical Exploits. You agree that:
(1) Users are prohibited from utilizing IP proxy or any other method to conceal their location or place of residence, including, but not limited to, circumventing geographical restrictions on access to Content, access controls, or technical protective measures. Additionally, users shall refrain from engaging in activities that contravene applicable local laws.
(2) Users shall not, unless explicitly authorized by separate, written terms provided by FRIENDS PLAY, access the Services via or replicate any Content onto a remote server, virtual PC, or any other system or network, including, but not limited to, those purportedly facilitating the downloading or streaming of such Services or Content to one or more distinct internet-enabled devices.
(3) Users are prohibited from utilizing, endorsing, or facilitating any bug, glitch, exploit, cheat, hack, script, bot, unauthorized modification, or any other method intended to maliciously interact with the Services. Such actions include, but are not limited to, violating this Agreement; gathering information or user data; exploiting system vulnerabilities; evading content moderation or filtering systems; or intercepting, redirecting, or disrupting the operation of the Services.
(4) Users shall not reverse engineer, decompile, or disassemble the Services (except where permitted under applicable legal exceptions derived from EU Directive 2009/24 or other relevant legislation), nor shall they publicly display, perform, create derivative works based on, or otherwise modify the Services, in whole or in part, without explicit prior written consent.
(5) Users are prohibited from utilizing the Services to distribute, upload, or transmit any software, scripts, code, or other information (including, but not limited to, viruses, worms, timebots, cancelbots, trojan horses, hacks, or other harmful code) with the intent to modify or alter the Services in an unauthorized manner, or to transmit such information.
6.5 Supporting or Encouraging Violations. You are obligated not to offer material support to another user’s infringement or attempted infringement of this Agreement. This encompasses providing financial assistance, expertise, or any other form of aid, as well as persistently encouraging conduct that contravenes the terms outlined in this Agreement.
6.6 Applicability to Employees, Agents, and Contractors. To provide clarity, the regulations governing conduct and behavior as outlined in Section 6 pertain to your communications and interactions with FRIENDS PLAY’s personnel, including but not limited to employees, agents, and contractors. This encompasses individuals involved in various capacities such as customer support, engineering, security, or community teams.
6.7 Consequences for Violations. Should you breach the Agreement, including but not limited to the User Rules delineated in this Section 6 (subject to periodic amendments), FRIENDS PLAY retains the prerogative to undertake adverse actions against you. These actions may include, without limitation: resetting some or all in-game progress linked to your Account; suspending your access to some or all of the Services, Virtual Items, or your Account; terminating your access to some or all of the Services, Virtual Items, or closing your Account in adherence to the termination provisions detailed below; prohibiting you from creating an Account or accessing the Services in the future; or pursuing appropriate legal recourse to uphold this Agreement or our other rights as per applicable law. In instances where a breach involves a threat to your own life or the safety of others, or any other activity deemed unlawful by our discretion, we reserve the right to notify law enforcement, government agencies, or other regulatory bodies, and may furnish associated personal data as outlined in our Privacy Policy. Moreover, we maintain the right to implement adverse actions based on information received from third parties, including but not limited to other users, law enforcement, government agencies, or regulatory authorities. It is pertinent to note that we bear no liability for any breaches of this Agreement committed by you or any other user.
6.8 Monitoring; User Tools and Automated Systems. We reserve the right (though are not bound) to actively monitor the use of the Services for various purposes, which may include but are not limited to: preventing cheating and hacking, ensuring compliance with this Agreement, enforcing its terms, and enhancing the Services. To this end, the Services may utilize moderation and filtering systems, such as automated word filters and content or symbol-recognition software, designed to halt or prevent the dissemination of Material that contravenes this Agreement.
Moreover, the Services may offer tools to empower users to manage their interactions with others, such as the ability to opt-in to in-game text chat or voice communications, or to “mute” or block other users. Additionally, reporting mechanisms, accessible either in-game or via dedicated support websites, may be provided for users to report violations of the Code of Conduct, facilitating our review process.
The aforementioned features and tools may incorporate algorithms, artificial intelligence, machine learning, or other automated systems to facilitate the objectives outlined in this Section, ensuring effective maintenance of the Services for our users. It’s noteworthy that moderation and filtering systems may vary across Services, potentially influenced by factors such as Content, age rating, or target audience. Further details regarding how we monitor and collect data pertaining to the use of the Services can be found in our Privacy Policy.
For additional information on reporting violations of our policies, we encourage users to visit our Customer Support.
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7.1 Harmful or Illegal Content. If you become aware of any User-Generated Content (UGC) or Custom Content accessible on the Services that contravenes the User Rules outlined in Section 6 of this Agreement, including the Code of Conduct, you are encouraged to notify us through the reporting tools available in-game or on our affiliated customer support websites. For detailed instructions on reporting UGC or Custom Content that infringes upon the User Rules, please refer to our Customer Support resources.
By submitting a notification regarding such content to us, you affirm that you hold a bona fide belief that the UGC or Custom Content in question violates the Agreement, and that the information provided in your notice is accurate and comprehensive.
7.2 Notice of Copyright or Trademark Infringement. We promptly address notices of copyright infringement in accordance with the requirements outlined in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). Should you believe that any Content, User-Generated Content (UGC), Custom Content, or other elements of the Services constitute copyright infringement or unauthorized use of your trademark, we encourage you to submit a notice of alleged infringement to our designated agent, providing the following written information:
(1) Your full name, address, telephone number, and email address;
(2) A comprehensive description of the copyrighted work that you contend has been infringed;
(3) The URL or a detailed description of the location where the material allegedly infringing upon your rights is situated;
(4) Your declaration asserting that you possess a bona fide belief that the disputed use is not sanctioned by the copyright owner, its agent, or applicable law;
(5) A statement, made under penalty of perjury, affirming the accuracy of the information provided in your notice and confirming that you are the copyright owner or duly authorized to act on behalf of the copyright owner; and
(6) A physical or electronic signature of the copyright owner or a representative authorized to act on their behalf.
Please direct your notice of alleged infringement to our designated agent for copyright matters. Our designated agent contact information is:
Sofia, Bulgaria, bul Nikola Vaptsarov 25
Please note that under the DMCA, you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
7.3 Repeat Infringer Policy.
Should you persistently breach this Agreement, such as by infringing upon our intellectual property rights, violating the Code of Conduct, or infringing upon the rights of third parties, we retain the right to undertake adverse actions against you, including but not limited to: suspending your access to some or all of the Services, Virtual Items, and/or your Account; closing your Account in accordance with the termination provisions outlined below; prohibiting you from creating an Account or accessing the Services in the future; or pursuing appropriate legal measures to enforce this Agreement or our other rights as per applicable law.
8.1 Updates and Modifications. We reserve the right to provide patches, updates, or upgrades to the Services, Virtual Items, or your Account, which may be necessary to maintain their functionality. These updates may include automatic or “in the background” updates without prior notice to you. Such updates are governed by this Agreement unless alternative terms are presented alongside the updates, in which case, those terms shall prevail. We are not obligated to make any updates available, and we do not guarantee support for the version of the system or device for which you obtained any part of the Services, unless compatibility claims have been explicitly made.
Furthermore, we may, at times and without additional cost to you, modify, alter, or suspend, either wholly or partially, any of our Services, Virtual Items, and/or your Account for various reasons. These valid reasons may include, but are not limited to: improving our Services, Virtual Items, or your Account (such as offering new Services, Virtual Items, or Content); implementing changes necessary for game balancing, bug fixing, or to prevent or counter exploits; adapting to a new technical environment or changes in user numbers; addressing suspected or actual intellectual property infringement; complying with changes in licenses held from third parties or other third-party requirements; terminating agreements with third parties; discontinuing services or features provided by third parties that are interconnected with our Services, Virtual Items, or your Account; adjusting for specific and verifiable market costs; enhancing user safety or addressing other material, legal, regulatory, or security concerns.
8.2 Auto-Generated Players. As part of the Services, we will usually offer you the opportunity to play with other matched opponents. In order to make sure that you have available opponents at a suitable skill level, some of these matched opponents may be auto-generated, computer-controlled players that look and play like real people.
8.3 Availability. The availability of the Services, Virtual Items, Content, or your Account may be subject to limitations, including time constraints or variations based on your region or device. In the event of a region change, while we adhere to our portability obligations under applicable law, and subject to your agreement with the relevant Digital Storefront, you may be required to re-obtain certain Services, Virtual Items, or Content that were previously acquired or paid for in your prior region.
Furthermore, a change in regions may result in the inability to access certain Services, Content, or Virtual Items that were accessible in your previous region, particularly if such items are prohibited by the laws of the new region in which you are situated.
8.4 Third Party Services. You may have the opportunity, through the Services, to access or enable content, software, apps, products, websites, platforms, functionality, and services operated by third parties that are independent of FRIENDS PLAY and beyond our control (“Third Party Services”). Should you opt to engage with, transact with, enable, or otherwise interact with any such Third Party Services, you acknowledge that you are instructing the relevant third-party entity to provide you with access to such Third Party Services. It is your responsibility to manage your interactions with third parties.
When utilizing our Services to access Third Party Services, your usage will be governed by any applicable terms of use associated with the Third Party Services. We do not endorse any Third Party Services offered or promoted through the Services. Moreover, we do not grant you any intellectual property rights in connection with any Third Party Services, and we bear no responsibility or liability to you or others for any Third Party Services or for any outcomes, information, content, or interactions you may encounter while using them. Should you have any concerns regarding the outcomes, information, content, or interactions experienced while using such Third Party Services, it is advisable to address them directly with the provider of the Third Party Services.
8.5 Internet-Based Services. The Services may necessitate an internet connection via a wireless or cellular network, and consequently, may acquire certain standard information about the device, system, and software utilized by you to connect to the Services. This information is gathered and utilized by us in conformity with our Privacy Policy.
You bear sole responsibility for ensuring the maintenance and reliability of your internet connection at your own expense, as well as for any usage fees that may accrue due to your access to the Services via any wireless or cellular network.
8.6 Third Party Advertising. Certain Services may incorporate advertisements for, or links to, third-party websites, content, goods, promotions, or services (referred to as “Third Party Advertising”). It is important to note that we neither control the content of, nor are responsible for, any Third Party Advertising. The presence of such Third Party Advertising within the Services does not imply our endorsement or approval of such Third Party Advertising, or of the websites, content, goods, promotions, services, or business practices offered by the third-party providers associated with such Third Party Advertising.
You agree to defend, indemnify, and hold harmless FRIENDS PLAY from and against any and all direct liabilities, damages, and losses arising out of or in connection with: (1) your breach of this Agreement; (2) any information or content provided by you that infringes the rights of a third party when used by us in accordance with this Agreement; and (3) your unlawful acts or omissions. We may offer assistance, at our own expense, in the defense of any matter subject to indemnification by you. In such cases, you agree to cooperate with us, and we will take reasonable steps to mitigate our losses. However, you are not obligated to indemnify FRIENDS PLAY for any liabilities, damages, or losses resulting from the negligent acts or omissions, fraud, or willful misconduct by FRIENDS PLAY, FRIENDS PLAY’s officers, employees, contractors, or agents, or to the extent that you are not responsible for the breach.
You are solely responsible for any third-party costs you incur while using the Services, Virtual Items, or your Account.
You retain the option to discontinue your use of the Services, Virtual Items, or your Account at any time, thereby terminating this Agreement. This can be achieved by eliminating or deleting all copies of any materials or software in your possession and/or by deleting your Account. Additionally, you may request the deletion of your Account, along with your personal information, at any time in accordance with the protocols outlined in our Privacy Policy.
For Services, Virtual Items, and/or an Account provided to you indefinitely, we reserve the right to terminate this Agreement, as well as your access to the Services, Virtual Items, and your Account, or to cease providing such Services, at our discretion and for any reason. In instances where feasible, we will make reasonable efforts to inform you in advance of any termination or cessation of Services. However, if advance notification is not practical, we will promptly notify you thereafter. Please note that if you are habitually residing in Germany, both parties retain the right to extraordinary termination for just cause, with such cause being established if, considering all circumstances of the individual case and weighing the interests of both parties, it is unreasonable to continue the contractual relationship until the agreed termination or expiration of the notice period.
We reserve the right to immediately terminate or suspend your access to any aspect of the Services, Virtual Items, Content, and/or your Account under various circumstances, including but not limited to: breaching this Agreement; engaging in fraudulent or illegal use of the Services, Virtual Items, or your Account; initiating any adverse proceeding against us; or if compelled by legal obligations. In the event of our decision to terminate or suspend your access to some or all of the Services, Virtual Items, or your Account, we will endeavor to provide advance notice unless legal obligations dictate otherwise or if it is not feasible to do so.
Upon termination of this Agreement (or the cessation of your right to access any of the Services, Virtual Items, Content, or your Account in accordance with this Agreement), you acknowledge and agree that the licenses granted to you under this Agreement (or in relation to such Services, Virtual Items, Content, or Account) shall promptly cease.
A small fraction of individuals may be susceptible to epileptic seizures upon exposure to specific light patterns or flashing lights, including certain visual effects present in particular video games. Such symptoms may manifest even in individuals without a history of epilepsy or photosensitivity. If you or any member of your family have a history of epilepsy or photosensitivity, it is imperative to seek guidance from your physician prior to engaging in any of our video games.
Should you experience any of the following symptoms while playing our video games, it is strongly advised to immediately cease usage and consult your physician before resuming play: dizziness, altered vision, eye or muscle spasms, loss of consciousness, disorientation, any involuntary movements, or convulsions.
12.1 General. This Agreement, along with any documents or policies referenced herein, constitutes the comprehensive agreement between you and us concerning your utilization of the Services (including Virtual Items and your Account), superseding any prior written agreements on the same subject matter. You acknowledge that we reserve the right to assign this Agreement, either in its entirety or partially, at any given time. In the event that such an assignment results in a change of us as the contracting party, you retain the right to terminate this Agreement. However, you are prohibited from assigning your rights or transferring your obligations under this Agreement, or transferring any rights to utilize the Services, Virtual Items, or your Account.
It is important to note that if your habitual residence is in Germany, the aforementioned clause excluding the assignment of monetary claims against us arising from this Agreement does not apply. In the event that any provision of this Agreement is deemed unenforceable for any reason, such provision shall either be reformed to the extent necessary to render it enforceable or removed from the Agreement entirely, with the remaining provisions of the Agreement remaining in full effect.
Sections 1, 2.1, 2.2, 2.3, 4, 5, 6, and 8 through 14, along with any other provisions naturally extending beyond the termination or cancellation of this Agreement, shall survive any such termination or cancellation. Furthermore, either party reserves the right to disclose information related to this Agreement or the use of the Services as required to comply with any law, regulation, legal process, or governmental request.
12.2 Export Laws. You are required to adhere to all relevant domestic and international export laws and regulations, subject to periodic amendments, that pertain to the Services, Virtual Items, or your Account. These regulations encompass restrictions on destinations, users, and usage. You undertake not to utilize, export, re-export, download, or otherwise transfer any aspect of the Services, Virtual Items, or your Account to (or to an individual or entity residing in) any country subject to U.S. embargo restrictions, or to any individual listed on the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons list, as well as other sanction lists administered by the Office of Foreign Assets Control (OFAC).
You assert and guarantee that you are not situated in, under the jurisdiction of, or a national or resident of any embargoed country, and that you do not qualify as a Specifically Designated National or Blocked Person.
Should you have any inquiries or apprehensions regarding the Services, Virtual Items, your Account, or this Agreement, we encourage you to visit FRIENDS PLAY’s Customer Support and submit a support ticket. FRIENDS PLAY’s Customer Support serves as a centralized platform for you to interact directly with FRIENDS PLAY, offering a convenient and efficient means of communication.
14.1 Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of your country of residence, disregarding any conflict of laws principles. The competent courts of your country of habitual residence shall hold exclusive jurisdiction over all disputes arising from or related to this Agreement.
14.2 Limitations of Our Liability. IN NO EVENT SHALL FRIENDS PLAY BE LIABLE TO YOU FOR ANY INDIRECT LOSSES OR DAMAGES, NOR FOR ANY BREACH OF ITS OBLIGATIONS DUE TO A FORCE MAJEURE EVENT, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE ANY NON-EXCLUDABLE RIGHTS OR DAMAGES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR FRAUD, OR FOR DEATH OR ANY PERSONAL INJURY ARISING AS A RESULT OF OUR NEGLIGENCE.
Should any applicable law stipulate a guarantee concerning goods or services supplied by us in connection with this Agreement, and our liability for failing to meet that guarantee cannot be excluded but may be limited, then our liability for such failure is constrained to (at our discretion), in the case of goods, us replacing or supplying equivalent goods, repairing the goods, or providing a full or partial refund, or in the case of services, us re-supplying the services, providing a refund for the unused portion, or compensating for its diminished value.