1.1 These terms apply to your download, access and/or use of Athena FZE games on a mobile device or any other device or platform (each a "Game" and together with the "Games"). These terms also apply to any other services that we may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that we may operate from time to time such as https://www.facebook.com /athenamobilegames/ (we refer to all our Games and other services collectively as the "Services" in these terms). These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.
1.2 If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Services. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Services until you have taken such action.
1.3 These terms represent a legal agreement between you and Athena FZE whose correspondence address is Fujairah, Creative Tower, Fujairah City, United Arab Emirates.
1.4 In these terms references to "Athena FZE", "we", "us" and "our" are references to Athena FZE
1.6 For Services, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
1.7 You can access the latest version of these terms at any time at https://sites.google.com/ view/fbpgames-privacy/terms-of-use. We can make changes to these terms at any time in accordance with paragraph 17 below and, except in relation to any amendment to paragraph 21 (Binding Arbitration and Class Action waiver) below, your continued use of our Services after the terms have been updated shall confirm your acceptance of the updated terms.
2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls, and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.
2.3 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
A subscription is valid for 1 month, 6 months, or 1 year, depending on the subscription type selected. Payment will be charged to your iTunes Account upon confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal at the price listed within 24-hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off via Settings > App and iTunes Stores > Apple ID > View Apple ID. No cancellation of the current subscription is allowed during the active subscription period.
4.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
4.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
4.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
4.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
that is or could reasonably be viewed as invasive of another's privacy;
that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred
which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
which infringes any intellectual property rights or other proprietary rights of others;
which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
4.5 You agree that you will not:
use our Services to harm anyone or to cause offense to or harass any person;
create more than one account per platform to access our Services;
use another person or entity’s email address in order to sign up to use our Services;
use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
disguise, anonymize or hide your IP address or the source of any Content that you may upload;
use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
interfere with or disrupt our Services or servers or networks that provide our Services;
attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technology or security measures or data transmitted, processed or stored by us;
'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
sell, transfer or try to sell or transfer an account with us or any part of an account;
disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real-time exchanges;
disobey any requirements or regulations of any network connected to our Services;
use our Services in violation of any applicable law or regulation;
use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
use our Services in any other way not permitted by these terms.
If you are concerned that someone else is not complying with any part of these terms, please contact us here: [email protected]
4.6 We do not control the Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
4.7 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
4.8 You are solely responsible for your interactions with other users of our Services.
5.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:
5.1.1 choose to play against another user or to play socially with another user whom Athena FZE selects for you, or
5.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by email address) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.
5.2 Where Athena FZE selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).
5.3 By accessing and/or playing our Games you agree that your display name, scores, avatar, country location, online/offline status, and other related details may be displayed in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you, including (without limitation) to other users in our games or within our marketing. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publicly, and not your email address; another user must already know your email address themselves in order to search for you.
6.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
delete, suspend and/or modify your account or parts of your account;
otherwise suspend and/or terminate your access to our Services;
reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.
6.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
7.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by players) is owned by or licensed to us.
7.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any updates or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.
7.3 YOU ACKNOWLEDGE AND AGREE THAT OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
7.4 In particular, and without limiting the application of paragraph 11.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services.
7.5 By submitting Content (as defined in paragraph 5.3) via our Services you:
are representing that you are fully entitled to do so;
grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
acknowledge that you may have what are known as “moral rights” in the Content, for example, the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any moral rights you may have in the Content; and
agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
7.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other users of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to [email protected]
a description of the intellectual property rights and an explanation as to how they have been infringed;
a description of where the infringing material is located;
your address, phone number and email address;
a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
9.1 You can find these terms at any time by visiting https://athena.studio/ terms-of-use
9.2 We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
10.1 Most concerns can be solved quickly by contacting us at [email protected]
10.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of England.
On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our Services.
If you have any questions about these terms or our Services you may contact us by email at [email protected]
These Terms, their subject matter and its formation, are governed by English law. However, if you are a consumer and resident of any European Union country, you will benefit from mandatory provisions of, and legal rights available to you under, the laws of that country. Nothing in these Terms affects your rights as a consumer to rely on these local law mandatory provisions and legal rights.
You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and resident of any European Union country you and we may also bring proceedings in that country.
If we are unable to resolve any disputes between us regarding the delivery of some Services you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at: https://webgate.ec.europa.eu/ odr/main/index.cfm?event=main.home.chooseLanguage.
The terms and conditions of the relevant online store include also instructions explaining what to do if a game is defective. Your rights and remedies for defective games and how to exercise them are set out in the relevant terms and conditions of the relevant online store.
We may end our contract with you to use the Services if you breach any of these Terms, or if you breach the terms you have entered into with any third party involved in a transaction. For example, if you breach the Google Play, or Apple App Store terms and conditions.
If you breach any of these Terms, we may also choose, at our discretion, to restrict your access to any part of the Services. For example, we may close any account you have with us. We will try to give you notice of this and a chance to appeal where possible though.
If you breach these Terms, or if your account is closed, you may lose access to in-game purchases you have made and other data
If we end our contract with you to use the Services, or restrict your access to any part of the Services, we may in our discretion delete certain data relating to your use of the game, or disable access to it. This may include, for example, saved games, high scores, or your position in a league table. If we end our contract with you to use the Services, or restrict access to any part of our Services, we may also delete any in-game purchases or Virtual Items you have obtained, and you will no longer be able to use those purchases.
The Services are not intended for use by children. For some Services you may need to register and should be at least over 16 to do so. If you help someone who is 16 or under to register for or otherwise use any Services you assume full liability for any consequences.
If you are under the age of 16, you must not use our Services unless you have the consent of a person who has parental responsibility for you.
You must make sure that our Services are not used by anyone under the age of 16. We will not be responsible for children who use your credit card, or other means of payment, to purchase any Services, such as in-game purchases.
The Services are made available for personal and not commercial use. You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under these Terms to any other person.
If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be amended to the minimum extent necessary to make it valid, legal and enforceable. If that part cannot be amended, it will be deleted. The amendment or deletion of any part of these Terms shall not affect the validity and enforceability of the rest of the Terms.
If we do not enforce any right we have against you, this does not prevent us from enforcing this right at a later date. A person who is not a party to these Terms does not have any rights under them.
If you have any questions about these terms or our Services you may contact us by email at [email protected]
These terms were last updated on November 1, 2019.
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