These Terms of Service (the “Terms”) apply to the game X HERO TD (the “Game”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY PARTICIPATING IN THE GAME OR BY USING THE WEBSITE, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, DO NOT PARTICIPATE IN THE GAME OR USE THE WEBSITE.
These Terms apply to you and Fntastic Pte. Ltd., a company incorporated in Singapore (“Company”, “we”, “our,” or “us”) regarding your use of our Game, websites and related services ("Services"), including all information, text, graphics, software, and services, available for your use. Use of the Services is also governed by our Privacy Policy.
1. Limited License
The Company grants to you a non-exclusive, fully-revocable, limited right and license for the duration of the License Term to install and use one copy of the applicable Game on one device at any given time solely for your personal use (the “License”). Subject to section 3(f), the License shall be non-transferrable. All rights not specifically granted under this License are hereby reserved by the Company and, as applicable, by its licensors. The Game is licensed to you, not sold. This License does not give you any title or ownership in the Game and should not be construed as a sale or transfer of any intellectual property or other rights to the Game.
Without prejudice to any other rights of the Company, the License shall remain in effect for as long as you use, operate, or run the Game (“License Term”) or until otherwise determined by the Company. The License shall terminate automatically if you fail to comply with these Terms. In such an event, you must uninstall all copies of the Game. You may also terminate the License at any time by uninstalling the Game Software from your devices or hardware (including any archival copies).
2. Amendments, Updates, and Patches
(a) The Company is authorized to amend the Terms at any time, with the amended Terms effective as soon as they are posted on this website. Please check the most current Terms to ensure that you are aware of all the terms and conditions regulating your use of this website and our Game.
(b) The company reserves the right to offer updates, patches, and other alterations to the Game that may be necessary for the User to maintain proper gameplay or access to the Game. The company may remotely update, patch, or modify the Game and access the Game installed on your device for this purpose. By accepting these terms, you grant the company permission to deploy and implement these patches, updates, and modifications. All sections of these Terms referring to the Game also encompass these patches, updates, and modifications.
3. Prohibited Uses
The company provides the Game and the Service to Users only for personal, non-commercial, and entertainment purposes, as limited by these Terms. You agree not to violate any of these Terms. Violation of any of these Terms may lead to temporary or permanent suspension of your access to the Game and/or your access to the Service, and some instances may also require an investigation by the Company in accordance with these Terms. You agree to only use the Game and the Service, or any part of them, in a manner that is consistent with these Terms and the License, and you SHALL NOT, AND NOT ATTEMPT TO:
(a) without written permission from the Company, use, advertise, or exploit in any manner the Game or the Service (in each case in whole or in part) commercially, including but not limited to use at a gaming center or any other location;
(b) use the Game in connection with unauthorized software, services, or devices. Such use may be illegal, voids any warranty, and is a breach of these Terms;
(c) without a separate, additional license from the Company, use the applicable Game or the Service or permit the use of the applicable Game or the Service on more than one device now known or hereafter devised, at the same time;
(d) use the Game or the Service, or permit the use of the Game or the Service, in a network, multi-user arrangement, or remote access arrangement, including any online use, except as otherwise explicitly permitted by the Company in writing;
(e) make copies of the Game or the Service (in each case in whole or in part);
(f) sell, rent, lease, license, distribute, upload to any Internet server or website, or otherwise transfer any portion of the Game or the Service or any copies without the express prior written consent of the Company, which may involve the payment of a fee (for the Account and, separately, any digital assets);
(g) reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Game or the Service (in each case in whole or in part) or infringe any patent, trademark, copyright, or other proprietary rights, except as the applicable law expressly permits, in which case all and any lawful modifications, adaptations, improvements, etc., and all copyrights therein, shall be deemed assigned to, and shall belong to, vest in and be the exclusive property of Company and/or its licensors on creation, in any event); and all moral rights (these include the right to be credited as the author of a work and the right to object to derogatory treatment of a work) therein shall be deemed waived (which means you will not be able to enforce your moral rights);
(h) remove, disable, or circumvent any security protections or any technical measures that control access to the Game or the Service;
(i) upload, modify, share, display, or publish any information that contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any resource;
(j) remove, modify, deface, or circumvent any proprietary notices or labels contained on or within the Game or the Service;
(k) export or re-export the Game or the Service any copy or adaptation of the Game or the Service in violation of any applicable laws or regulations;
(l) create data or executable programs that mimic data or functionality in the Game or the Service;
(m) steal and/or publish information belonging to others (including but not limited to personal information, non-personal information, and payment information) without requisite consent or a license;
(n) impersonate any person, including the Company, our affiliates, our designated partners, our designated representatives, or our employees;
(o) harm the reputation of the Company, our affiliates, our service providers or licensors, or the reputation of the Game or the Service;
(p) take advantage by exploiting, deceiving, or misleading others in any way (as determined in our sole discretion);
(q) use the Game or Service (in each case in whole or in part) in a manner that is related to illegal activities or any action that negatively impacts the delivery of the Game or Service;
(r) exploit errors and bugs found while playing the Game or using the Service;
(s) violate any applicable law, rule, or regulation in connection with your access or use of the Game or Services;
(t) access or use the Game or the Service for any purpose that is beyond the scope of the Game’s or the Services’ intended use (in the Company’s sole judgment);
(u) use, develop, advertise, trade, or distribute unauthorized programs, including but not limited to any programs that intercept communication between a game and a game server; any unauthorized third-party programs or hardware devices that may affect the game or normal gameplay.
Any action that is not defined in these Terms that negatively impacts the delivery of the Game or the Service or negatively affects other players may be subject to warning and penalty, including termination of the License.
4. Accessing the Service
Our Game and Services are accessed through third-party services/platforms (i.e. AppStore, Google Play and more). When you use our Game and Services through these third-party services/platforms, your actions are subject to the terms and conditions of those third parties. In the event of any conflict between their terms and our Terms, the terms of the third-party services/platforms take precedence.
We may also incorporate third-party products, services, and content into our Game and Services through promotional links, advertising banners, or other advertising and promotional elements. Additionally, we may engage in cross-marketing activities with our chosen partners. In both situations, we cannot be held accountable for the third-party services, products, and/or content.
5. Ownership
You agree and acknowledge that all rights, titles, and interests, including intellectual property rights in and connected with the Game and the Service and any and all copies thereof (including but not limited to any derivative works, titles, computer code, themes, objects, characters, character names, stories, dialogs, catchphrases, locations, concepts, artwork, graphics, animation, sounds, musical compositions, audio-visual effects, text, screen displays, methods of operation, moral rights, “applets” incorporated into the Game, and any related documentation) (the “Game IP”), are owned by Company or its licensors. We do not provide you with any interest in the Game IP. Except as expressly authorized by us in writing, you may not create works based on the Game IP or modify, distribute, or transmit the Game IP. If you do not abide by the requirements of this section, we shall own all rights, titles, and interests in any works created, adapted, distributed, or transmitted via the Game or Services, or, in the alternative, have an unlimited license thereto.
6. User Content
As a User, if you submit any content to the Company, whether through the Game or the Service, that content, referred to as "User Content," and any associated intellectual property rights become the property of the Company as soon as it is created. In cases where, for any reason, the Company is not allowed to claim ownership of the User Content (for instance, due to specific laws in your jurisdiction), you agree to legally transfer and assign all User Content, along with its intellectual property rights, to the Company.
If, for any legal reason, some of your User Content cannot be transferred to the Company, you agree that the Company has the perpetual and worldwide right, directly or indirectly, to use the User Content. This includes the ability to modify, adapt, use, reproduce, license, publish, broadcast, perform, sell, translate, create derivative works from, and distribute the User Content for any purpose, whether commercial or otherwise, in any format that exists now or may exist in the future. This permission is granted without any requirement for payment or credit to you. You also waive any right to claim that the Company's use of any User Content infringes upon your rights, including but not limited to moral rights, rights of privacy, rights to publicity, proprietary rights, and any rights to receive credit for the material or ideas contained within it.
7. Payments
When purchasing the Game or the Service, you (or your Guardian, as applicable) represent and warrant that you have the right to use your selected payment method and that your payment method has enough credit available to complete the applicable transaction. You further agree that you have read and agree to be bound by any applicable Additional Terms and that any information you provide in connection with any financial transaction, including without limitation the provision of a selected payment method, shall be subject to the privacy policy as outlined by the applicable payment service provider for that financial transaction.
Company reserves the right to suspend any Account with unauthorized charges or to restrict an Account’s ability to purchase the Game or the Service, engage in Trades, and/or purchase Virtual Content.
8. Refund Policy for Google Play
You can learn more about Google Play refunds at https://support.google.com/.
9. Refund Policy for App Store
You can report to Apple a problem with any purchase that you’ve made using the link https://reportaproblem.apple.com. If technical problems prevent or unreasonably delay delivery of the Game, your exclusive and sole remedy is either replacement of the Game or refund of the price paid, as determined by Apple. From time to time, Apple may refuse a refund request if Apple finds evidence of fraud, refund abuse, or other manipulative behavior. Please see https://support.apple.com for more information.
10. No Warranty
THE GAME AND SERVICES ARE TO BE CONSIDERED PROVIDED AS IS. WE OFFER NO WARRANTY OR GUARANTEE OF COMPLETION, ACCURACY, OR EXPEDIENCY AS IS APPLICABLE UNDER THE RELEVANT LAW. WARRANTY OF OWNERSHIP, TITLE, CAPABILITY FOR A SPECIFIC PURPOSE, AND NON-LEGAL INFRINGEMENT IS EXPRESSLY DISCLAIMED. ACCESS TO THE GAME AND SERVICES IS NOT GUARANTEED TO BE A CONSTANT. USERS DOWNLOADING OR IN ANY OTHER WAY OBTAINING ANY CONTENT OF ANY KIND FROM THE GAME AND SERVICES DO SO AT THEIR OWN RISK, AND USERS WILL THEMSELVES BE RESPONSIBLE FOR ANY DATA LOSS OR OTHER DAMAGE THAT IS A SUBSEQUENT CONSEQUENCE OF ANY DOWNLOADING OR OTHER ACTIVITY USING THE THE GAME AND SERVICES. THE LAWS OF CERTAIN COUNTRIES, REGIONS, PROVINCES, STATES, OR COUNTIES MAY NOT ALLOW THE DISCLAMATION OF CERTAIN ELEMENTS OF FUNDAMENTAL WARRANTY RESULTING IN PORTIONS OF THE ABOVE NOT APPLYING TO THE VISITOR. THEREFORE, THE WARRANTY APPLIED IS LIMITED TO THAT WHICH IS PERMISSIBLE UNDER ANY AND ALL APPLICABLE LAW.
11. Limitation of Liability and Indemnification
The Company will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Game or Service, including where the damage or loss results from our breach of these Terms.
The Game and Service may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms, we will not be liable to you or to any other person in the event that all or part of the Service is unavailable, discontinued, modified, or changed in any way.
The Company does not accept any responsibility for:
(a) any damage or loss caused to you where you are not entering into these Terms;
(b) any failure, any suspension, and/or any termination of access to the Game or the Service or any content in connection with or arising out of a force majeure event. In these Terms, a “force majeure” event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accidents or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or
(c) any claims brought against you by a third party.
12. Termination of Services/Agreement
These Terms are effective unless and until terminated by either you or the Company. The Company or the User may terminate these Terms at any time, for any reason or no reason at all, without prior notice. Termination by the Company will come into effect immediately upon the termination, which can occur at any time in the Company’s sole discretion.
You may terminate these Terms by not using the Game, and you must stop using the Game and delete the Game immediately upon termination of these Terms. In so far as permitted by law, we have no obligation to reimburse any in-game currency or in-game goods or items lost due to such termination, whether voluntary or involuntary, and you also acknowledge that the Company is not liable to provide a refund for any reason, even if you terminate the Terms.
13. Beta Testing
If you have participated in the Game prior to the Game’s general commercial release (“Beta Test”), the following additional rules and conditions will apply:
(a) The Game in the beta test is provided “as is”. You acknowledge that it is constantly being developed and improved, and the Company does not guarantee its functionality. The Company will not be held responsible for any problems or issues caused by such a Game.
(b) You may be required to sign a Non-disclosure agreement before the beta version of the Game will be provided or made accessible to you.
(c) Access to and availability of beta versions of the Game may be limited to a specific period of time.
(d) You may be required to provide feedback to assist in identifying and resolving any issues that may arise during the Game's development process. The Company will have the right to use any feedback you provide.
14. Insufficiency of Damages
Without prejudicing any other rights or courses of action that the Company may pursue, you acknowledge and consent to the fact that compensating damages alone would not suffice as an adequate solution in the event of your breach of these Terms. This is because the Company would incur irreplaceable losses in the event of such a breach. Consequently, you concur that the Company has the right to seek remedies such as an injunction, specific performance, or any other equitable remedy, in addition to any other remedies provided for by the applicable law. To be clear, the Company has the right to seek an injunction, specific performance, or any other equitable remedy without the necessity of posting a bond, providing other security, or demonstrating losses.
15. Governing Law
This section may not apply to you. If it does, before filing a claim against the Company, you agree to try to work it out informally with us first. Also, if a dispute arises between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. These Terms shall be interpreted and governed by the laws of Singapore. All lawsuits related to these Terms are subject to the jurisdiction of the courts in Singapore. In such an event, the applicable local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be construed to make their terms and conditions as effective as possible. You must comply with all local laws to the extent that applicable local law applies.
16. Dispute Resolution and Binding Arbitration
(a) Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. The arbitration shall be conducted in accordance with the rules of the Arbitration Center of Singapore.
(b) Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between the Company and you individually. To the fullest extent permitted by law, you agree that no arbitration or proceeding shall be joined with any other, and you will not pursue claims as a class action or private attorney general in any arbitration or other proceeding.
(c) Exceptions: This arbitration agreement does not apply to claims for injunctive or other equitable relief related to unauthorized use of intellectual property.
17. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. In such a case, the provision shall be modified and interpreted to best accomplish the objectives of the original provision within the limits of applicable law.
18. No Waiver
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.
19. Contact Details
Should you have any questions regarding these Terms, please contact us at support@fntastic.com.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.