Last Updated October 10th, 2018
The license granted to you in Section 1 is subject to the limitations set forth in Section 1 and this Section 2 (collectively, the “License Limitations”). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Firefly’s intellectual property rights in and to the Game. You agree that you WILL NOT, under any circumstances:
4.1 All rights and title in and to the Game (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets” incorporated into the Game Client, transcripts of the chat rooms, forum posts, in-game emails, character profile information, any and all user generated content (such as shields, busts etc), recordings of games played using the Game Client, and the Game Client and server software) are owned by Firefly or its licensors. The Game and the Service are protected by English and international laws, and may contain certain licensed materials in which Firefly’s licensors may enforce their rights in the event of any violation of this Agreement.
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 FIREFLY.
8.1 As with all things, your use of the Game and the Service is governed by certain rules. These rules (the “Code of Conduct”), maintained and enforced exclusively by Firefly, must be adhered to by all users. It is your responsibility to know, understand and abide by this Code of Conduct. The following rules are not meant to be exhaustive, and Firefly reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Firefly reserves the right to modify this Code of Conduct at any time.
8.2 Rules Related to Player created names and labels.
Each user will be able to create in game names and labels that will be visible to all players. These include, but are not limited to player names, village, city, castle, forum names, faction, alliance house, clan, tribe names and mottos. When you choose to create a name or label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If Firefly finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of the Service. In particular, you may not use any name:
8.3 Rules Related to “Chat” and Interaction with Other Users.
Communicating in-game or through the Game Forums with other Users and Firefly representatives, whether by text, voice or any other method, is an integral part of the Game and the Service and is referred to here as “Chat.” When engaging in Chat, you may not:
8.4 Rules Related to Game Play.
You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that 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 Firefly by emailing email@example.com
Firefly shall have the right to deploy or provide patches, updates and modifications to the Game, as needed. These patches, updates and modifications to the Game must be installed for the user to continue to play the Game. For these purposes, Firefly may from time to time update the Game remotely, including, without limitation, the Game Client, without your knowledge or specific consent, and you hereby grant to Firefly your consent to deploy and apply such patches, updates and modifications to the Game.
11.2 Firefly does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the “real world” of anything that appears or originates in the Game. Accordingly, you may not sell in-game items, or items associated with the Game, including but not limited to Strategy Cards, Card Points, Premium Tokens, Firefly Crowns, Firefly Florins, Firefly Gems or Firefly Trajans for “real” money, or exchange those items or Firefly Crowns, Firefly Florins, Firefly Gems and Firefly Trajans for value outside of the Game.
11.4 For the avoidance of doubt Firefly Crowns, Firefly Florins, Firefly Gems and Firefly Trajans: (i) cannot be transferred, sold or exchanged for money, goods or services; (ii) have no monetary value; (iii) do not constitute currency or property; (iv) will expire (if not used to acquire in-game items) within 90 days of purchase; and (v) are not refundable except that you may cancel your purchase at any time prior to you receiving notification that your Firefly Crowns, Firefly Florins, Firefly Gems or Firefly Trajans have been successfully transferred to your Account.
Firefly reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes (as determined in Firefly’s sole and absolute discretion) will be disclosed as follows: Firefly will provide you with notification of any such changes through a patch process, or by email, postal mail, website posting, pop-up screen, or in-game notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game and the Account. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Firefly may change, modify, suspend, or discontinue any aspect of the Game at any time. Firefly may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account and not accessing the Game Client. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made and acknowledge the forfeiture of all game currency and or items, including but not limited to ‘Firefly Crowns’, ‘Firefly Florins’, ‘Firefly Gems’, ‘Firefly Trajans’, ‘Cards’, ‘Card Packs’, ‘Premium Tokens’, ‘Card Points’, ‘in-game items’ and ‘game invitations’. You agree and acknowledge that you are not entitled to any refund for any amounts, which were pre-paid on behalf of the Account prior to any termination of this Agreement Firefly may terminate this Agreement with or without notice by terminating the Account as set forth in Section 7. The provisions of Sections 4, 7, 11 and 14-20 shall survive any termination of this Agreement.
THE GAME AND THE SERVICE ARE PROVIDED “AS IS” AND FIREFLY DOES NOT WARRANT THAT THE GAME OR 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. FIREFLY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
NEITHER FIREFLY NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE GAME OR SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO CHARACTERS, ACCOUNTS, STATISTICS, INVENTORIES OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL FIREFLY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFITS OR GOODWILL
Firefly shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Firefly, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Firefly’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.
You hereby acknowledge and agree that:
18.1 WHEN RUNNING, THE GAME MAY MONITOR YOUR DEVICE’S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2, 8 OR 9. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, FIREFLY MAY (a) COMMUNICATE INFORMATION BACK TO FIREFLY, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER THIS AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
18.2 WHEN THE GAME IS RUNNING, FIREFLY MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR DEVICE AND ITS OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS (ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF THIS AGREEMENT.
18.4 FIREFLY MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS WITHOUT NOTICE TO YOU IN ORDER TO INVESTIGATE CLAIMS OF INAPPROPRIATE LAUNGAGE, HARRASSMENT OR TO COMPLY WITH LAW ENFORCEMENT, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Firefly is under no obligation to monitor Chat, and you engage in Chat at your own risk.
In the event that you breach this Agreement, you hereby agree that Firefly would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Firefly shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Firefly may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with this Section 19, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, reasonable attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
20.1 This Agreement and all matters arising from it and any dispute resolutions referred to below shall be governed by and construed in accordance with English Law notwithstanding the conflict of law provisions and other mandatory legal provisions.
20.2 The parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales for the purposes of hearing and determining any dispute arising out of this Agreement.
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